coachella valley community associations institute … · mark dodge, cmca, ams ... margaret...
TRANSCRIPT
Coachella Valley Community Associations Institute Magazine
JANUARY 2016
CELEBRATING 35 YEARS OF BUILDING BETTER COMMUNITIES
BU
ILDING BETTER COMMUN
ITIE
S
AN
N I V E R S A
RY
CO
MM
UNITY ASSOCIATIONS INSTITUTE
CO
ACHELLA VALLEY
th20161981 35th
From the “Twits” to the “Eagles” The CAI-CV Softball Team
Finding Your Professional Advantage – Ten Ways to Build Your Personal Brand
Turf and Clotheslines and Short-Term Renters, Oh My!
What's New for Quorum in 2016
CAI-CV Chapter 2016 Calendar
Chapter Strategic Planning
INSIDE
Asphalt Concrete Seal Coating Striping A.D.A Upgrades
Licenses #664779
NPG ASPHALTAsphalt Paving is Our Business
So-Cal: 951.940.0200Desert Division: 760.320.9600 NpgAsphalt.com
GURALNICK & GILLILAND, LLPATTORNEYS AT LAW
Member of CAI and CACM
Legal Services for Community Associations
• General Counsel
• Assessment Lien and Foreclosure • No Cost Collections • Fees Paid by Delinquent Homeowner • Detailed Monthly Status Reports • Title Reports at No Charge to Association
• Construction Defect/Reconstruction • Mold Claims/Litigation • Real Estate Dispute/Litigation
Phone: (760) 340-1515 FAX: (760) 568-3053
Put your best foot forward with a security company that walks the walk.
AMS Security is not only the largest
fully integrated security company
in the Coachella Valley, but the best.
Gate Access Systems
Community Management Software
Camera Surveillance Systems
Gate Repair & Installation
24/7 UL Monitoring
74-794 42nd Ave. Suite 1
Palm Desert, California 92260
Lic# 944895 ACO 6917
760.341.3593 A M S p r o t e c t m e . c o m
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV2 3
Water-use restrictions are now in effect
Drought penalties in effect with July water bills Mandatory restrictions include:
Have questions? We are here for you, give us a call at (760) 398-2651.Visit www.cvwd.org Stay connected with us!
Do not irrigate outdoors during or within 48 hours of measurable rainfallIncreased water budget for over-seeding is eliminated
CVWD will continue to prioritize working with customers to quickly resolve violations. After a written warning, customers will be liable for fines on their bill starting at $50. For a complete list of restrictions and recommendations, visit www.cvwd.org/CVsaving36
Repair broken sprinklers within 24 hours, fix leaks as soon as possible
Do not wash down driveways, patios or sidewalks
Hose must be equipped with a shutoff nozzle to wash vehicles and windows
x
2Tier
Customers are being asked to limit Tier 2 water use to 36% below their water budget
Matthew Lawton, CIC, CIRMSCertified Insurance CounselorCommunity Insurance and Risk Management Specialist
760-770-5868 Office760-774-2099 Cell877-532-7238 [email protected]: 0E13055
Comprehensive HOA Insurance Protection
for Coachella Valley Since 1988
Brendan ConcannonRegional Account Executive619-961-6346Toll Free 866-800-4656, ext. [email protected]
take that to the bank.
Member FDIC
Equal Housing LenderEQUAL HOUSINGLENDER
mutualofomahabank.com
pick the right toolsfor your next project.With community association lending expertise like ours, you’ll get the job done right.
AFN46055_0913
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV4 5
BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER 2016
GERARD GONZALES, PRESIDENTAlbert Management, Inc.
TAD BLACK, PAST PRESIDENTAssocia OnCall
PHYLLIS HARKINS, PRESIDENT ELECTPalm Desert Country Club Association
LESLEE CICOGNA, TREASURERAssocia Desert Resort Management
JOHN WALTERS-CLARK, SECRETARYNPG Nelson Paving
CARDINAL AMBROSE, DIRECTORAlbert Management, Inc.
RHONDA DREWS, DIRECTORAssocia Desert Resort Management
MATT LAWTON, DIRECTORPrendiville Insurance Agency
GEN WANGLER, ESQ., DIRECTORFiore Racobs & Powers
JOLEN ZEROSKI, DIRECTORUnion Bank
CAI Coachella Valley Office 41-905 Boardwalk, Suite A-2
Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443
Website: www.cai-cv.org
CAL LOCKETTExecutive Director [email protected]
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 Coachella Valley 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 professional advice from legal, accounting or other experts as required.
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION
FEATURES
10 From the “Twits” to the “Eagles” The CAI-CV Softball Team By Gen Wangler, Esq., CCAL
18 Strategic Planning for 2016 By Executive Director Cal Lockett
30 Finding Your Professional Advantage – Ten Ways to Build Your Personal Brand
By Lori Albert, CCAM
33 Turf and Clotheslines and Short-Term Renters, Oh My!
By Adrian J. Adams and Laurie Poole, Esq.
36 What's New for Quorum in 2016 By Rodney Bissell
CHAPTER EVENTS
20 CAI-CV December 18, 2015 Program Lunch & Mini Trade Show
CHAPTER NEWS
9 CAI-CV Chapter 2016 Calendar
25 Meet the Leadership Public Relations Committee Chair
Mark Dodge, CMCA, AMS By Erin H. Fujioka
40 Chapter Upcoming Events
10
CONTENTS
30
33
36
25
18
QUORUM COMMITTEE MEMBERS
KYMBERLI TAYLOR-BURKE, CHAIRO’Connell Landscape
RODNEY BISSELL, CO-CHAIRBissell Design Studios Inc.
ANTOINETTE HAMILTONSuntrek Solar
CARI BURLEIGHThe Management Trust
DAN STITESCBCI Construction
DEA FRANCK, ESQ.Epsten, Grinnell & Howell
ERIN FUJIOKAG4S Security
FRAN MULLAHYVintage Associates, Inc.
JOHN WALTERS–CLARKNPG/Nelson Paving & Grading
LAURIE S. POOLE, ESQ. CCALPeters & Freedman, LLP
LISA LYNNAlbert Management
MARGARET “GEN” WANGLER, ESQ. CCALFiore Racobs & Powers
PHYLLIS HARKINSPalm Desert Country Club Association
TIFFANY GOFFThe Management Trust
STEVEN SHUEY, PCAM, CCAMPersonalized Property Management
CREATIVE DIRECTOR & GRAPHIC DESIGNER
RODNEY BISSELLBissell Design Studios Inc. [email protected]
(714) 293-3749
SUBSCRIBER SERVICESThe 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 the Quorum are subject to editing and rewriting by the
Quorum Committee.
DEPARTMENTS
8 President’s Message
12 Maintenance The Care and Feeding of Waterproof Decks
By Dan H. Stites
14 About CAI-CV Consider Volunteering and Serving on a CAI-CV Committee
17 Platinum Spotlight Accurate Leak Locators
22 About CLAC CLAC Moment
23 Pearls of Wisdom
24 Charity Albert Management’s Sixth Annual Bear Affair By Lori Albert, CCAM
26 Time Honored Outgoing Chapter Directors
Rob Winkle Christina Baine DeJardin Paula Tapia
28 Water Wise QSA Vital to Coachella Valley’s Future
By John Powell Jr.
32 Welcome Aboard Local's Choice Printing and Direct Mail By Lisa Lynn, CCAM
32 Trending Now Linked In: Connect. Find. Be Found. By Antoinette Hamilton
800.300.1704 | www. epsten.com
SAN DIEGO858.527.0111 | fax 858.527.1531
10200 Willow Creek Rd., Ste. 100, San Diego, CA 92131
COACHELLA VALLEY 760.836.1036 | fax 760.836.1040
74830 Hwy. 111, Ste. 100, Indian Wells, CA 92210
INLAND EMPIRE951.461.1181 | fax 858.527.1531
43460 Ridge Park Dr., Ste. 200, Temecula, CA 92590
KNOWLEDGE INTEGRITY COMMITMENT SUCCESS
A recognized leader in Community Association Law
COMMON INTEREST DEVELOPMENT LEGAL ISSUES to
Providing Solutions
since 1986
ASSOCIATION COUNSEL | ASSESSMENT RECOVERY | CIVIL LITIGATION CONSTRUCTION LAW | CONSTRUCTION DEFECT
APPELLATE LAW | DEVELOPER TRANSITION | SENIOR HOUSING | FAIR HOUSING
2016NEW FOR
WISDOMP E A R L S O F
CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV6 7
CONTENTS
12
14
32
19
23
26 2726
28
24
22
32
CAI-CV Chapter New & Renewing Members
CHAPTER NEWS
RENEWING BUSINESS PARTNERS AMSStephanie Long [email protected] (760) 341-3593
ASPHALT MD'SElmer Merkovsky (760) 863-4500
FIRST FOUNDATION BANKAnita Young [email protected] (949) 372-7332
FRAZIER PEST CONTROL, INC.Julie Frazier [email protected] (760) 328-6115
LEAK POINTRichard Welsh [email protected] (760) 364-2503
SERVPRO OF PALM SPRING AND INDIAN WELLSChris Bennett [email protected] (760) 327-7700
RENEWING MULTI-CHAPTER BUSINESS PARTNERSARTISTIC MAINTENANCE, INC.Marlene Arredondo [email protected] (949) 581-9817
FENTON, GRANT, MAYFIELD, KANEDA & LITT, LLPKaty Krupp [email protected] (949) 435-3800 Ext. 304
MARIPOSA LANDSCAPES, INC.Larry Rudd [email protected] (623) 764-1488
METERNETMoquey K'Seal Marquross [email protected] (800) 985-1179
NAUTILUS GENERAL CONTRACTORS, INC.Annie Vongphosy [email protected] (858) 939-1525
SCT RESERVE CONSULTANTS, INC.Michael C. Graves, RS [email protected] (951) 296-3520
THE INSPECTORS OF ELECTION, LLCMarc M. Poland [email protected] (800) 350-8333
UNITED PAVING CO.Michelle Zubia [email protected] (714) 904-6327
NEW MANAGER MEMBERSHIPAVAIL PROPERTY MANAGEMENTStephanie Swenstad [email protected] (760) 771-9546
RENEWING MANAGER MEMBERSHIPMartha C. Fogg [email protected] (760) 341-6016
EL DORADO COUNTRY CLUBKristi Foster [email protected] (760) 423-1587
PALM DESERT COUNTRY CLUB HOMEOWNERS ASSOCIATIONPhyllis Harkins, CMCA, AMS [email protected] (760) 345-2331
MANAGEMENT COMPANY MEMBERSHIPFIRSTSERVICE RESIDENTIALDaniel Farrar, CMCA [email protected] (760) 834-2487
RENEWING NATIONAL CORPORATE MEMBERSHIPASSOCIATION CAPITAL BANK, A DIVISION OF TEXAS CAPITAL BANKRobin L. Storey, CMCA [email protected] (770) 365-3331
CAI-CV MISSION STATEMENTThe mission of CAI-CV is to provide
leadership for successful development and operation of community associations through
information, research and education.
community100%
SHARE THE GOODNESS!
CAI Annual Conference & Exposition May 4–7, 2016 | Orlando, FL
Save $50 when you register
on or before March 30!
PLATINUM ____Accurate Leak Locators
Asphalt MD's
Epsten Grinnell & Howell
Fiore Racobs & Powers
NPG Nelson Paving
Pacific Western Bank
Peters & Freedman, L.L.P.
Western Pacific Roofing
GOLD _________CBCI Construction
Diversified Asphalt
Flood Response
United Paving
SILVER ________Artistic Maintenance, Inc
Painting Unlimited, Inc.
Powerful Pest Management
Prendiville Insurance Agency
PrimeCo Construction
Union Bank Homeowners Association Services
BRONZE ______All Counties Fence and Supply
Animal Pest Management
Association Reserves
Bank of Southern California
Dunn-Edwards Paint Corp.
Flanders Painting, Inc.
Horizon Lighting
Kasdan Lippsmith Weber Turner, LLP
LaBarre/Oksnee Insurance Agency
S.B.S. Lien Services
Vista Paint Corporation
Our Corporate Sponsors as of January 1, 2016
2016 CORPORATE SPONSORS
RENEWING PUBLIC INTEREST PARTNERSCOACHELLA VALLEY WATER DISTRICTDon Ackley [email protected] (760) 398-2651
RENEWING VOLUNTEER LEADERSCATHEDRAL SPRINGS HOMEOWNERS ASSOCIATIONEd Barros Evelyn Rieth Shane Petrik
GALLERY OWNERS ASSOCIATIONNeal Victor Scott McKell
MONTAGE AT MISSION HILLS HOMEOWNERS ASSOCIATIONCurt Beyer Jerry Stamper Michelle Madison Robert William Fouyer Tom Tousignant
SUN CITY SHADOW HILLSErica Hedlund Joan Dzuro John Council
www.CAIonline.org
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV8 9
FROM THE CHAPTER
President’s MessageGerard J Gonzales, Vice President - Albert Management, Inc., CAI-CV Chapter President
Happy New Year! I hope that everyone had a fun-filled and safe holiday season. The New Year brings new oppor-tunities and I am extremely excited to serve as the 2016 Chapter president. There was an incredible amount of work done in 2015 as we improved chapter day-to-day operations, implemented new technologies, focused on outreach and visibility within our community, overhauled key committees …. the list goes on and on. All of this work has propelled us toward our goal of becoming a model chapter for CAI, and the industry experts for common interest developments in the Coachella Valley.
Our successes could not have been accomplished without great leadership. Special thanks to those outgoing board members serving their full terms, Christina Baine DeJardin, Esq. from Peters & Freedman, Paula Tapia from Associa Desert Resort Management and Rob Winkle from Western Pacific Roofing. Lastly, a big thanks to Tad Black, the 2015 Chapter president, for his unwavering dedication, tenacity and leadership to CAI-CV.
Now, I’d like to introduce our 2016 board of directors and their roles:
PAST PRESIDENT TAD BLACK, ASSOCIA ONCALLPRESIDENT ELECT PHYLLIS HARKINS, PALM DESERT COUNTRY CLUB ASSOCIATIONSECRETARY JOHN WALTERS-CLARK, NPG NELSON PAVINGTREASURER LESLEE CICOGNA, ASSOCIA DESERT RESORT MANAGEMENTDIRECTOR CARDINAL AMBROSE, ALBERT MANAGEMENT, INC.DIRECTOR RHONDA DREWS, ASSOCIA DESERT RESORT MANAGEMENTDIRECTOR MATT LAWTON, PRENDIVILLE INSURANCE AGENCYDIRECTOR GEN WANGLER, ESQ., FIORE RACOBS & POWERSDIRECTOR JOLEN ZEROSKI, UNION BANK
In January, the chapter office will be busy finalizing committee leaders and volunteers, conducting board and committee training and preparing for our first educational lunch program and mini trade show of the year. On Friday, January 8, nationally renowned HOA expert, Julie Adamen, will be our speaker for our Lunch Program and Mini Tradeshow. February is jam packed with educational events for community association volunteer leaders (board members) and community association managers. We will host a Manager on the Run (MOTR) program for managers on Friday, February 5 and a Board Member Workshop (BMW) on Thursday, February 18. Also on February 18th, we will host our third annual wine tasting event, Corks for CLAC. Our second educational luncheon and mini trade show will be Friday, February 12.
The New Year brings resolutions and it will be the mission of this board to build on our efforts in 2015 and not miss a beat in 2016. We had a successful and enlightening strategic planning session in October which helped us align the Chapter’s goals in 2016. These goals will be to continue to standardize the chapter infrastructure and operations, continue our efforts of outreach in the Coachella Valley communities and continue positive growth and retention of members. It will be my mantra to ensure that the Chapter is “always moving forward.” My door is always open and I welcome suggestions and ideas to make your membership in CAI-CV as valuable as it can be.
It’s going to be a great and fun ride!
Gerard J. Gonzales Vice President - Albert Management, Inc.
BU
ILDING BETTER COMMUN
ITIE
S
AN
N I V E R S A
RY
CO
MM
UNITY ASSOCIATIONS INSTITUTE
CO
ACHELLA VALLEY
th20161981 35th
Sometime in the 1990s, someone in the Chapter (Gary Butler? Dan Barnett?) had the brilliant idea of form-
ing a coed softball team to play in the Palm Springs league. Among the brave who played on the team were Rob and Ronda Winkle, Ron Winkle, Jim Schilling, Dan Barnett, Peggy Redmon, Gary Butler, Cardinal Ambrose, Rob Gil-liland, Dave Peters, Clint Schreiner, Wayne Carlsen and me. When we started, we played at Demuth Park. Later, we moved to Big League Dreams in Cathedral City. We played once a week, with an occasional double header. We played year round, too, in the summer and the "cold" of winter.
We called ourselves the "Twits." This was because most of us were, shall we say, a little rusty at throwing, catching, batting and running. All the skills required to play softball. But as we played each week, we all got a little better. We even started to win games occasionally. In fact, we started winning almost all of our games and rose in the standings. We decided we were no longer "Twits," so we became the "CAI Eagles," to reflect our greatness!
The Chapter's CED at the time was Terry O'Brien, and he was our biggest fan. He came to every game, cheered loudly and probably was not the referees' favorite person. Jerry
Cavoretto also came to almost every game to cheer us on, as did Steven Shuey.
We did have some drama. At one game, Cardinal Ambrose was sliding into third base when a guy, a big guy, tried to throw her out. Instead, the ball hit her in the face and broke her jaw. She returned to the field after a full recovery. We all got bruised and banged up at one time or another, but kept going. It was a lot of fun, and I know that all of the team members appreciate the friendships that came out of it, and the camaraderie.
From the “Twits” to the “Eagles” THE CAI-CV SOFTBALL TEAM
By Gen Wangler, Esq., CCAL
JANUARY 1 Friday New Years – Holiday 8 Friday Lunch Program & Mini Trade Show 18 Monday Martin Luther King Day – Holiday 21-22 Thursday-Friday CAI’s M205 Course – Santa Ana 25 Monday CAI-CV Board Meeting 28-30 Thursday – Saturday CAI Law Seminar – New Orleans
FEBRUARY 5 Friday Manager on the Run (MOTR) 12 Friday Lunch Program & Mini Trade Show 15 Monday President’s Day – Holiday 18 Thursday Board Member Workshop (BMW) 18 Thursday Corks for CLAC Wine Tasting 24 Wednesday CAI-CV Board Meeting 25-27 Thursday – Saturday CAI’s M100 Course – Santa Ana
MARCH 3-4 Thursday – Friday CAI’s CASE Study for PCAM – Los Angeles 11 Friday Lunch Program & Mini Trade Show 23 Wednesday CAI-CV Board Meeting
APRIL 1 Friday Manager on the Run (MOTR) 8 Friday Lunch Program & Mini Trade Show 15 Friday Essentials Course for CAVLs 17-18 Sunday-Monday CLAC Day at the Capitol 22 Friday CAI-CV’s Spring Golf Tournament 27 Wednesday CAI-CV Board Meeting
MAY 4-7 Wednesday-Saturday CAI National Conference – Orlando 13 Friday Lunch Program & Mini Trade Show 16-17 Monday – Tuesday CAI’s M202 Course – Santa Ana 17-18 Tuesday – Wednesday CAI’s M203 Course – Santa Ana 19-20 Thursday – Friday CAI’s M204 Course – Santa Ana 25 Wednesday CAI-CV Board Meeting 30 Monday Memorial Day – Holiday
JUNE 3 Friday Manager on the Run (MOTR) 7 Tuesday Business Partner Mixer 10 Friday Lunch Program & Mini Trade Show 22 Wednesday CAI-CV Board Meeting 23-24 Thursday-Friday CAI’s M202 Course – Palm Desert 23-24 Thursday-Friday CAI’s M206 Course – Los Angles 24 Friday CAI-CV’s Bowling Tournament
JULY 4 Monday Independence Day – Holiday 21-22 Thursday-Friday CAI’s M304 Course – Santa Ana 27 Wednesday CAI-CV Board Meeting
AUGUST 25-26 Thursday-Friday CAI’s M201 Course – Santa Ana 12 Friday Manager on the Run (MOTR) 24 Wednesday CAI-CV Board Meeting
SEPTEMBER 5 Monday Labor Day – Holiday 8-10 Thursday-Saturday CAI’s M100 Course – Santa Ana 9 Friday Lunch Program & Mini Trade Show 21-24 Wednesday-Saturday CAI’s Large Scale Workshop 22-23 Thursday-Friday CAI’s M203 Course – Santa Ana 23 Friday CAI-CV’s Casino Night 28 Wednesday CAI-CV Board Meeting
OCTOBER 6-8 Thursday-Saturday CAI’s Management Co. CEO Retreat 7 Friday Manager on the Run (MOTR) 10 Monday Columbus Day – Holiday 14 Friday Lunch Program & Mini Trade Show 19 Wednesday CAI-CV’s Strategic Planning 20 Thursday CLAC Fundraiser (hosted by CAI-CV) 20 Thursday CAI’s Common Interest Development Law Course 21 Friday CAI Statewide Legal Forum (hosted by CAI-CV) 21 Friday CAI-CV’s Oktoberfest 26 Wednesday CAI-CV’s Annual Board Meeting
NOVEMBER 3-4 Thursday-Friday CAI’s M206 Course – Santa Ana 4 Friday Lunch Program & Mini Trade Show – Leg Update 11 Friday Veterans Day – Holiday 17-19 Thursday-Saturday CAI’s M100 Course – Palm Desert 16 Wednesday CAI-CV Board Meeting 24-25 Thursday-Friday Thanksgiving – Holiday
DECEMBER 1 Thursday Board Member Workshop (BMW) 1 Thursday CAI-CV’s Holiday Mixer 1-2 Thursday-Friday CAI’s M205 Course – Riverside 9 Friday Manager on the Run (MOTR) 14 Wednesday CAI-CV Board Meeting 25-26 Sunday-Monday Christmas – Holiday
JANUARY 2017 27 Friday CAI-CV’s 2016 Awards Night
CHAPTER PROPOSED EVENT DATES - BLUECAI COURSES/EVENTS – GREEN HOLIDAYS – RED
CAI-CV 2016CALENDAR
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV10 11
FEATURE
just hose it off, let it dry, and replace your belong-ings. This can also act as a water test so go inside the house or look at the underside of the deck for any signs of leaks. If you see anything suspect, call your contractor immediately. A contractor armed with an infrared camera can also see water leaks that are not visible to the naked eye.
4. Play the detective! At the same time you wash your deck, go over it with a fine tooth comb looking for cracks - particularly where the deck intersects with any vertical surface (walls, door sills, etc) and around any 'penetrations' (like posts, vents, conduit, gas lines, etc). Hairline cracking in the decorative/protective coating on a deck is not unusual or neces-sarily indicative of a defect but it must be attended to so leaks do not develop. Also, check the plywood sheathing by walking the entire area of the deck feel-ing for 'soft spots.' A soft spot usually indicates that water has penetrated the membrane and is damaging the plywood. If you find a soft spot, go immediately to step 5 (which brings us to the deck re-coating stuff!).
5. Have your car serviced! Have your installation contractor (or, if he's 'no longer around,' any quali-fied waterproofing contractor) inspect your deck and perform maintenance at least every three years or more often if you suspect a problem (I have performed an annual inspection on my deck from the time it was new). This normally involves repairing any cracks or visible defects in the deck, re-coating, and water test-ing. Make sure you keep all of the original paperwork on your deck installation so any new contractor will know exactly what type of system you have (re-coat-ing with the wrong material can be disastrous). He can also help you with the manufacturer's warranty if there is an issue with the decking material.
Time to fire up the BBQ (now and for many years to come)! If you follow these five simple rules you will enjoy many years of service from your new deck and it will con-tinue to look like it did when it was new.
Dan Stites is a degreed and licensed Professional Engineer with over 35 years of experience in the construction industry. He also holds C-39 Roofing and Waterproofing and “B” General Building
contractor licenses and has completed graduate studies in business at Rice University and Thunderbird School of Global Management.
‘I just had a brand new, beautiful waterproofing system installed on the balcony deck off my sec-ond story recreation room and I want it to continue to look new! What do I do?’ Well, you've taken the most important step by asking the question. Most folks say 'New deck, six year warranty; I'm not going to worry about it for another six years. Fire up the BBQ!' Big mistake! Waterproof decking systems are like your car - they need to be maintained and you need to avoid things that will harm them. You have the oil and filters changed regularly in your car and you wouldn't drive it into a rag-ing river. Your new deck is no different.
‘OK, I get it. So what do I do?’ Just a few simple rules to follow, but first some background. Most modern decking systems (particularly residential) have a plywood deck (called sheathing) with a waterproof membrane which is then covered with some sort of protective/decorative coating. If your deck develops a leak it means that the membrane has been damaged and even the smallest leak can mean disaster! How? The leak gets to the plywood, softens it and it starts to flex with foot traffic, etc, and the flexing can cause fatigue cracks in the membrane thus allowing more water in - and the spiral continues. Your job is to protect the membrane from damage and to make sure water is not trapped on your deck in any way (the 'waterproofing' is not designed to be a 'swimming pool liner' but to prevent leaking while the water runs off the deck).
1. Take your car for a test drive! As soon as your contrac-tor completes the installation of your new deck, insist on a water flood test. Flood it for at least 30 minutes and look for any signs of leaks. Do not broom or mop the water off of the deck but let it stand and look for ponding. A little ponding is normal but anything that is more than about the thickness of a quarter coin or that is still there 48 hours after the water source is removed is usually a sign of a problem. Check the manufactur-er's specifications and warranty - this may be a con-struction defect that your contractor must correct.
2. Don't drive into a raging river! Be very careful with WHAT you put on your deck.
a. Anything that will damage the protective coat-ing or the underlying membrane must be avoided: Things with sharp leg ends, planters, BBQ's, chairs, tables, other furniture, etc. Over time, they will penetrate and cause damage to the mem-brane. If you have something with sharp leg ends (or even a blunt leg end with a small metal foot), go to the hardware store and pick up small 'coasters' to place under the legs. Make sure the coasters do not trap or absorb water (see below).
b. Do not place anything on the deck that will trap water. The trapped water will damage the protective coating and eventually cause a leak (remember, not a swimming pool liner). Avoid potted plants, felt pads on chair or table legs, wooden legged furniture sitting directly on the deck. WHATEVER YOU DO, DO NOT PUT THROW RUGS OR 'WELCOME MATS' ON THE DECK unless they are non-absorbent and will allow water to drain from under them. If in doubt, when the weather is dry, just lift items off your deck and look for a black or dark colored footprint/stain and feel for moisture. If you find either, you will need to correct the problem as soon as possible by remov-ing the item or placing it on an appropriate foot or 'coaster.'
3. WASH ME! Just like washing your car extends the life of your paint, keeping your deck clean will also extend its life. Dirt, debris, mold, and other 'stuff' (collectively 'grime') that tends to build up on an outdoor deck retains water which will eventually damage the protec-tive coating. Once or twice a year, remove everything from the deck and scrub the surface with a biodegrad-able cleaner and a broom or brush (check the manufac-turer's specifications for recommended cleaners). Then
The Care and Feeding of Waterproof Decks
Dan H. Stites, Chairman & CEO CBCI Construction, Inc.
HERE ARE THE RULES:
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV12 13
MAINTENANCE MAINTENANCE
12
2016NEW FOR
PROGRAMS COMMITTEE Educational Program Lunches & Mini Trade Shows: Fridays – January 8,
February 12, March 11, April 8, May 13, June 10, September 9, October
14, November 4 (Legislative Update)
The Programs Committee is responsible for planning and executing nine educational programs and mini trade shows in 2016. These events are developed to provide education to all CAI-CV members. The programs cover topics related to industry trends, best practices and significant issues that impact common interest developments. In November, the Programs Committee hosts the annual Legislative Update, at which CAI-CV members are invited to hear presentations about regulatory and legislative activity and new case law. All of these programs are sanctioned by CAI’s national office, allowing managers to receive continuing education units for attending each luncheon. The Programs Committee secures speakers, venues and prepares the marketing materials for all of the program events.
WINE TASTING EVENT COMMITTEE Corks for CLAC, Thursday, February 18, 2016
The Wine Tasting Event Committee is responsible for developing and implementing one fundraising event annually to assist with funding CAI-CV’s commitment to the California Legislative Action Committee (CLAC). CAI-CV provides CLAC with funding from both the Buck-a-Door Campaign (see CLAC Committee) and the annual Wine Tasting Event. These funds help CLAC continue their efforts to identify, track and lobby legislation that impacts common interest communities. The Wine Tasting Event Committee chooses the venue and administers all of the logistics for the event, including finding sponsors, invitations, marketing, silent auction, food and wine selections and registrations.
EDUCATION COMMITTEE Essentials for Board Members, Friday, April 15, 2016; M-202 for Manag-
ers, June 23-24, 2016; M100 for Mangers & Board Members, November
17-19, 2016, California Law Update, Thursday, October 20, 2016
New in 2016, the Education Committee will oversee two Board Member Workshops (BMWs), Thursday, February 18, 2016 and Thursday, December 1, 2016. And, the Committee will oversee the six Manager on the Run (MOTR) programs scheduled for Fridays, February 5, April 1, June 3, August 12, October 7 and December 9.
The CAI-CV Education Committee is responsible for monitoring the educational needs of Chapter members. Working with the national office of CAI, they schedule appropriate classes in the Coachella Valley and nearby areas. These educational courses include classes required by CAI to receive manager certifications and designations, and classes that offer education to homeowner volunteers and business partners. The Education Committee also works with the national office of CAI to ensure our Chapter has the latest CAI educational publications. The Education Committee develops articles for Quorum and publishes the class schedule and list of publications. The Education Committee also oversees the CAI-CV Scholarship Fund that helps CAI members achieve their educational goals by providing financial assistance through the CAI-CV scholarship program. The Education Committee also hosts the Annual Essentials Course for community board members.
GOLF COMMITTEE Spring Golf Tournament, Friday, April 22, 2016
The CAI-CV Golf Committee is responsible for developing the Chapter’s golf fundraising activities. This Committee plans the annual golf tournament, sets the date, inspects and chooses a course, develops the day’s activities and marketing opportunities, sends out invitations and administers the event. The Committee works to create an environment where all CAI-CV members are welcome and can participate. Members and their guests are encouraged to have a great time while networking and building relationships.
BOWLING COMMITTEE Bowling Night, Friday, June 24, 2016
The Bowling Committee is responsible for developing and implementing a social fundraising event annually to assist with funding the CAI-CV Chapter. The Bowling Committee chooses the venue and administers all of the logistics for the event, including finding sponsors, invitations, programs, marketing, food, bar and registrations.
CASINO NIGHT COMMITTEE Casino Night, Friday, September 23, 2016
The Casino Night Committee is responsible for developing and implementing one fundraising event annually to assist with funding
CAI-CV committee members are part of the Chapter’s leadership team. Serving on a committee offers members a unique and rewarding way to build relationships with community board members, managers and business partners. Committees are either in charge of a single event or will have events and programs year-round. Choose a committee that works with your schedule and skills.
All CAI-CV committees are chaired and co-chaired by trained volunteers. Your work with CAI committees is tracked and used to help determine the Chapter’s annual awards. Each committee has its own budget and a board liaison to help them gain board approval quickly. Committees are the backbone of CAI-CV. Join our more than 135 volunteers that serve on our leadership team. Committees typically meet monthly and may meet more often prior to an event. CAI-CV offers a conference call-in number for committee meetings to assist volunteers who are unable to attend in person.
the CAI-CV Chapter. The Casino Night Committee chooses the venue and administers all of the logistics for the event, including finding sponsors, invitations, gaming, marketing, silent auction, food, bar and registrations.
OKTOBERFEST COMMITTEE Oktoberfest, Friday, October 21, 2016
In 2016, Oktoberfest will be held in conjunction with CAI’s Statewide Legal Forum. More than 600 CAI members from all over California attend the Legal Forum. The Oktoberfest Committee is responsible for developing and implementing this fundraising event to assist with funding the CAI-CV Chapter. The Oktoberfest Committee chooses the venue and administers all of the logistics or the event, including finding sponsors, invitations, programs, marketing, food, bar and registrations.
AWARDS COMMITTEE Awards Night, Friday, January 27, 2017
The Awards Committee is responsible for planning CAI-CV’s annual Awards event where members who have gone above and beyond in their service to the Chapter are honored. The Awards Committee finds a venue, chooses a theme, and is responsible for the decorations, menu and invitations. The Awards event has been moved to January of 2017 so that Chapter members may consider a full year of volunteer activity. Also new this year, the program and nominations process will be administered directly by the Board of Directors. Nominations will be solicited from the membership, and a special Board committee will choose the winners.
BUSINESS PARTNER COMMITTEE Holiday Open House, Thursday, December 1, 2016
The Business Partner Committee is responsible for fostering relationships between Business Partners and other members of CAI-CV. The Business Partner Committee works with the CAI-CV Board, other Committees and the Chapter’s membership to develop networking opportunities for Business Partners. This Committee also recruits new Business Partners and provides mentoring to new Business Partner members. During the year, the Business Partners Committee hosts events specifically designed to promote relationships and networking. The December event is also known as the CAI-CV Holiday Open House. This event is completely sponsored by CAI-CV Business Partners and all proceeds from the event go to benefit a local Coachella Valley charity.
CALIFORNIA LEGISLATIVE ACTION COMMITTEE – COACHELLA VALLEY (CLAC-CV)The California Legislative Action Committee – Coachella Valley (CLAC-CV) is the local Committee responsible for supporting the efforts of CAI’s statewide and national legislative action committees (LAC). CAI-CV provides two delegates and one liaison who represent the Chapter on the California Legislative Action Committee (CLAC). The CLAC-CV Committee is responsible for monitoring the LAC’s activities, legislation and regulations, legislative outreach efforts and grassroots involvement sponsored by the statewide or national legislative action committees. CLAC-CV organizes legislative information to be included in Quorum Magazine, and to be disseminated to CAI-CV’s members. They also organize grassroots meetings with elected officials in their
Coachella Valley district offices. The CLAC-CV Committee is also responsible for managing the Chapter’s Buck-a-Door campaign, a fundraising effort to support CLAC in Sacramento. The Buck-a-Door Campaign raises funds directly from community associations.
MEMBERSHIP COMMITTEE The CAI-CV Membership Committee is responsible for promoting and strengthening the Chapter’s relationship with existing members, as well as supporting efforts to recruit new members. The Membership Committee is also responsible for developing mentoring programs for managers and community board members. They work with the Business Partner Committee to help facilitate the mentoring program for business partners. The Membership Committee members also serve as Ambassadors for the chapter at CAI-CV events. Ambassadors identify and greet new members at CAI-CV functions and help them to maximize their participation with CAI-CV. New in 2016, the Membership Committee will be running a new recruitment program for all CAI-CV members.
QUORUM COMMITTEE The Quorum Committee is responsible for publishing the Chapter’s monthly magazine. This Committee monitors CAI events, educational opportunities, industry issues, state and federal legislation, and trends impacting common interest communities. The Committee develops a story list for each issue and then works with the appropriate experts to gather information, develop and write articles, and edit and proof the publication before it is published. Each Committee member is assigned specific tasks including investigation, interviewing experts, writing articles, proofing and editing. The Quorum Committee also works with the CAI-CV events Committees to develop marketing ads to place in Quorum. And, the committee works with business partners and management companies to develop and properly place advertising in Quorum Magazine. In 2016, Quorum has some excellent new ad layouts, is offering partial or full issue reprints, and will be accepting ads from non-members.
VOLUNTEER COMMITTEE The Volunteer Committee is responsible for providing volunteers to help administer CAI-CV events. The Volunteer Committee works with the Board and the CAI-CV office to develop registration procedures that make attending CAI-CV events easy and enjoyable. Volunteer Committee members provide assistance with registration, collecting payments, organizing and handing out nametags, setting up and striking events, and developing and delivering hand-outs to event participants.
PUBLIC RELATIONS COMMITTEE The CAI-CV Public Relations Committee is responsible for fostering relationships and developing programs that raise the visibility of CAI-CV as the authority on common interest developments in the Coachella Valley. The Committee is responsible for developing a media plan, organizing spokespersons and building relationships with key media. The Committee also seeks out opportunities to build relationships with local government, chambers, and companion industries such as real estate and building. The Public Relations Committee also provides training to other CAI-CV committees to help them prepare their communications plans for the year.
CONSIDER VOLUNTEERING AND SERVING ON A CAI-CV COMMITTEE
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV14 15
ABOUT CAI-CVABOUT CAI-CV
2 016 P L A T I N U M S P O N S O R S P O T L I G H T
Thank you to Accurate Leak Locators for their generous support of CAI-CV
CAI-CV
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV16 17
ABOUT CAI CALIFORNIA
Accurate Leak Locators provides quality work for the insurance companies, property management and homeowners associations, and homeowners for over 22 years. We have three offices in Southern Califor-nia that service Los Angeles County, Orange County, San Bernardino County, Riverside County, and San Diego County.
Accurate Leak Locators, Inc. is a 24/7 operation. We have state of the art equipment to ensure we can do any job with the highest degree of professionalism and efficiency. The first step is finding the leak and repairing it properly, and Accurate Leak Locators is rapidly becoming the company of choice for this ser-vice and for all your plumbing needs.
• Leak detection
• Slab leaks
• Reroutes & repipes
• Camera & locate breaks within sewer lines
• Drain line repairs
• Snaking & jetting of drain lines
• Water heaters & installing of temporary water heaters
TO LEARN MORE, PLEASE CONTACT: ACCURATE LEAK LOCATORS, INC.888-333-5325
www.accurateleaklocators.com
SERVICES FOR YOUR PROPERTY NEEDS:
STRUCTURE
• The Committee Chair and Co-Chair will be appointed by the CAI-CV Board• Committee Members will be appointed by the Committee Chair• A CAI-CV Board member will serve on each Committee• Committees will strive to include representatives from each CAI
membership class • The CAI-CV Executive Director will be a non-voting member of each
committee• Committee members are CAI Coachella Valley (CV) members in good
standing• Committee members may be removed from a Committee if they miss two or
more meetings (all meetings are available via conference call)• Committee members may serve on a Committee for up to three one-year
terms (exceptions may be granted by the Board)• Committee members serve at the pleasure of the Board and may be asked to
move to another Committee or to step down from a Committee at any time
FINANCE
• Each Committee will have a budget approved by the Board• Committees will seek Board or Executive Director approval before signing
contracts or expending CAI-CV funds
RESPONSIBILITIES
• Committee Chairs and Co-Chairs will complete Committee Chair Training • Committees will develop Goals and Objectives to submit to the Board• Committees will schedule 2016 meetings on the Master Calendar by the end
of January, 2016 • Committees will hold their meetings at the CAI-CV office• Committees will inform the Board of important actions and activities
through written reports to the Board as needed• Committees will establish an annual communications plan that will include
a schedule for mailings, e-blasts, media and social media • Committees will appoint one member to serve as Secretary for taking notes
at meetings, keeping track of actionable tasks, sending out meeting notices and tracking attendance at Committee meetings
• Committee Chairs will lead the meetings• Committee Chairs will delegate actionable tasks• Committee members commit to serving on a Committee for a one-year term• Committee members will support the decisions of the Committee and CAI
Board, even if they disagree
Join CAI-CV’s volunteer leadership team by becoming a member of a Committee. Committee members have the opportunity to build lasting relationships with CAI-CV members from every membership class. Committee members help raise funds, promote education and work to make CAI-CV the best place to network in the Coachella Valley. If you are enthusiastic, energetic, a good team player and have the time to volunteer, we want you on one of our Committees!
MEMBER INFORMATION
Name
Company/Association
Name
Street Address
City St Zip
Work Phone
Work Cell Phone
E-Mail Address
COMMITTEE SELECTION
Please list the Committee(s) where you believe your service can be most beneficial to you and the Chapter. You may request to serve on more than one Committee. Please provide a back-up committee in case the Committee you request is full.
SPECIAL SKILLS OR QUALIFICATIONS
If you have special skills that you want considered by the Committee Chairs, please list them here:
1.
2.
3.
I understand the two-hour per month time commitment required to serve on a CAI-CV committee(s) and I have read and understand the responsibilities of Committees and their members.
Signature
Date
STANDING COMMITTEESJOIN A CAI-CV COMMITTEE
Coachella Valley Chapter, 41905 Boardwalk, A2, Palm Desert, CA 92211P (760) 341-0559 • F (760) 341-8443 • [email protected] • www.cai-cv.org
CAI is a professional association representing Community
Association Board Members and Volunteers, Managers of
Community Associations, and Business Partners.
www.facebook.com/CAICV www.twitter.com/CAI_CV
ABOUT CAI-CV
Please return this form to the Chapter Office via fax (760) 341-8443 or email to [email protected]
ABOUT CAI-CV
• Pressure testing & replacement of regulators
• Gas leaks
• Repair of gas lines
This past October, Crystal Wal-
lace, Vice President, Membership & Chap-ter Relations, from CAI’s National office, facilitated a strategic planning session that included CAI-CV’s 2015 & 2016 Board of Directors and Commit-tee Chairs & Co-Chairs. The session started by reviewing where CAI is on a national and state level.
Crystal shared with us that CAI is one of the fastest growing professional associations in the nation. Almost every home built in the U.S. since 1993 is part of a common interest develop-ment (CID) and governed by HOAs. This enormous growth is pushing CAI membership in every area. The fastest group of new members are managers who are responding to CAI’s rigorous educational programs and the subse-quent career paths available nation-wide for professional managers.
In California, for the first time, there are more managers with CAI designations than any other certify-ing organization. The CID industry in California is big business and growing. Nearly 23 percent or 7.2 million Cali-fornians live in CIDs. There are over 50,000 associations in California, rep-resenting about 15 percent of the U.S. total. Can you imagine? That means there are about 300,000 volunteer
Strategic Planning for 2016By Executive Director Cal Lockett
board members governing these communities. The amount of money involved is enormous. Property values of California homes in associations is $642 billion. Annual assessments are estimated to be $9 billion and annual reserve contributions are about $3 billion.
Crystal pointed out that out of the 50,000 associations in California, only 1.3 percent are members of CAI. Given that CAI is the primary source of edu-cation for managers and community board members, the opportunities for CAI-CV to grow are outstand-ing. When it comes to our slogan of building better communities, CAI-CV needs to find the managers and board members who are not plugged into an educational source and let them know
we are eager to get them onboard with CAI.
We discussed the Chapter’s 2015 accomplishments because they were in large part focused on creating an infra-
structure for growth. At the top of the list is that CAI-CV now has open elec-tions! We are changing some of the "ways we've always done it" that any 35 year old organization accumulates, and we are emerging as a powerful resource for our communities. We have a new updated and functioning financial system, a new budgeting system, an automated registration system for events, and a new member database that tracks every aspect of a member’s relationship to the Chapter. We have a new highly functional web-site that is easily available by phone or iPad. We have a new directory that will work both online and in print. We have initiated training for committee chairs and co-chairs and assigned a board member to every committee to facilitate quick decision making. We have a new and professional advertis-ing and sponsorship plan for corporate sponsors. The Chapter’s public rela-tions activities have clearly elevated CAI-CV’s standing in the Coachella Valley. CAI-CV was recently asked by two cities to help them on projects
that impact asso-ciations. We held our second educational program for realtors in November. And, we have joined two local Chambers of Commerce. The local media is also hear-ing about CAI-CV and they are asking for our help to provide background for their articles. According to 2015 President Tad Black (from Associa OnCall), “CAI-CV has made a huge jump forward and we can all be proud of the Chapter’s accomplishments this past year.”
So, what’s in store for 2016 now that the engine is running full speed? Our new President, Gerard Gonzales (Albert Management, Inc.) said, “the leadership team agreed that CAI-CV should continue raising the Chapter’s visibility as the authority on CIDs in the Valley. We have a fantastic team in place, and we’re going to keep the momentum going.”
That means reaching out to as many Coachella Valley residents as possible to ask the question -- is our community professionally managed? Taking this question to Coachella Val-ley communities though radio and TV commercials was also at the top of the list of 2016 strategies. We introduced two spots to the membership at the December Lunch Program that were
created by CAI National. You can view them on our website: www.cai-cv.org.
Raising our visibility also includes building relationships with the media, local governments, chambers, realtors and builders. CAI-CV will be imple-menting a detailed media plan that focuses on training spokespersons on topics of interest to reporters. We will be continuing our work with local governments and we have plans for six association-related articles to publish in the Chamber’s newsletters this year. The leadership group also discussed strategic membership growth in 2016, focusing on board members and man-agers. A new recruiting program will begin this month.
There was a lot of energy in the meeting and it is clear that the 2016
leadership team is excited to take CAI-CV to the next level. President Elect, Phyllis Harkins, CMCA, AMS, CCAM, said “we are all excited about the new opportunities for the
Chapter. Better HOA communities will result from educated board members and managers. That’s what CAI-CV is all about.”
As we celebrate our 35th anniver-sary in 2016, we have a great story to tell about how educating board members and managers really does help create harmonious communi-ties. If you want to be part of CAI-CV’s leadership team, please see page 14 and consider volunteering on one of our committees.
Cal Lockett is the executive director of CAI-CV. He is the former lobbyist for Bank of America and Anthem/
WellPoint. He has served as executive director of the WellPoint Blue Cross Blue Shield Foundations and the national Association of Corporate Contribution Professionals. He has also served as president of two community associations. Cal can be reached at [email protected] or by phone at 760-341-0559.
CAI-CV is the Authority on Common Interest Developments in the Coachella Valley
“Crystal shared with us that CAI is one of the fastest growing
professional associations in the nation. Almost every home built in the U.S. since 1993 is part of a common interest development (CID) and governed by HOAs.”
“Our new President, Gerard Gonzales (Albert Management, Inc.) said, “the leadership team
agreed that CAI-CV should continue raising the Chapter’s
visibility as the authority on CIDs in the Valley.”
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV18 19
ABOUT CAI-CVABOUT CAI-CV
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV20 21
CHAPTER EVENTS CHAPTER EVENTS
PROGRAM BOOTH SPONSORSAll Counties Fence and Supply
AMS Paving
Blue Sky Landscape Corp.
Cal Custom Chimney Sweep and Repair
Conserve LandCare
CTI of the Desert
EmpireWorks Reconstruction and Painting
Epsten Grinnell & Howell
Flanders Painting
Horizon Lighting Inc.
Leak Point
McKenzie Rhody, LLP
MeterNet
NPG Nelson Paving
Pacific Western Bank
Painting Unlimited, Inc.
Popular Association Banking
PrimeCo
Purified Pool Water
REVCO Solar
S. B. S. Lien Services
Sherwin-Williams Paint Company
Silldorf & Levine
Three Phase Electric
Union Banks
SPOTLIGHT TABLE SPONSOREmpireWorks Reconstruction and Painting
TABLE PEN SPONSORPacific Western Bank
CAI-CV December 18, 2015 Program Lunch & Mini Trade Show
Update on Water Issues and State of the Chapter
2016 Board
H. Jackson Brown, Jr., wrote Life’s Little Instruction Book to provide his son with wisdom he could refer to as he lived his life. In that same spirit, CAI editors have combed through 20 years of CAI publications and periodicals to offer similar thoughts for successful community association living. Here then, are ten Pearls of Wisdom pulled from the 116 for this month to guide you and ensure that your community experience is a happy and rewarding one.
BE A GOOD LEADER
1. Establish clear goals.
2. Articulate them.
3. Don’t put things off.
4. Set high standards.
5. Make decisions.
6. Do what is right, not what is popular.
7. Be positive.
8. Ask others for their ideas; listen to them.
9. Plan and save for the future.
10. Send thank you notes.
Compiled by Kenneth M. Budd
TIPS TO ENSURE A
HAPPYCOMMUNITYASSOCIATIONEXPERIENCE
WISDOMP E A R L S O F
P E A R L S O F W I S D O M
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV22 23
ABOUT CLAC
The legislature reconvenes for the second half of the 2 year session in the first week of January. New bills
will be introduced and there are dozens of others that were held over from 2015 that need to be heard in policy or fiscal committees.
One bill, AB 1335, is one of those “2 year” bills. It levies a $75 “fee” on recorded documents. CAI-CLAC registered its opposition to this bill since associations record many documents every year. The bill failed to get the requisite number of votes to pass from the Assembly and will likely not move ahead unless it is amended to remove the opposition from the Republican Caucus as those members deem the fee to be a new tax.
While the artificial turf bills are already in effect and in a way are yesterday’s news, what is new is a State government study on the potential hazardous chemicals that crumb rubber can emit. Playing fields where soccer and other ball games are played will be analyzed. The study will consider people with high exposures to synthetic turf and exposure patterns of different age groups and will also develop a biomonitoring or personal monitoring protocol for possible future investigation of the exposure of players using synthetic turf. The outcome will be important for residential and common area applications. We will keep you apprised.
Remember to review your governing documents, because new provisions addressing clotheslines and
CLAC MOMENTHere’s the latest from Sacramento.
drying racks, (AB 1448) became effective January 1 2016; this bill allows owners to install them. However, thanks to our amendment, the new law only allows such devices in the back yards and not attached to any structure or in other common areas.
AB 596 becomes effective in July but you may wish to start investigating whether your condominium association is FHA and VA “certified”. It requires the annual budget report to include a separate statement describing the status
of the common interest development as a Federal Housing Administration (FHA) approved condominium project and as a federal Department of Veterans Affairs (VA)approved condominium project. Consult the FHA and VA web sites as well.
SAVE THE DATE: The 2016 Legislative Days at the Capitol will be held on Sunday, April 17 and 18, 2016 at the Hyatt Regency in Sacramento. The CLAC Fundraising & Events Subcommittee is currently looking for presenters for Sunday’s Education Sessions. Call for Presentations are due Monday, January 25th, 2016 by 5:00 p.m. New this year, in memory of longtime CLAC Delegate Duncan McPherson, CLAC has established a scholarship
opportunity for an association homeowner or manager. For further information contact CLAC at [email protected].
We are vigilant and will alert you as issues and bills impact your association. Your greater involvement at the grassroots level is even more important in an election year!
New bills will be introduced and there are dozens of others that were held over from 2015 that
need to be heard in policy or fiscal committees.
A Full Service lAw Firm
For inquires contact Jeffrey French
www.gbflawyers.com | 760.346.9310
Providing Practical Approaches in:
CC&R Interpretation, Drafting and Enforcement
Opinion Letters
Contract Drafting and Negotiation
Civil Litigation
Assessment Recovery
73-710 Fred Waring Drive, Suite 120, Palm Desert, California 92260
Mark Dodge, CMCA, AMS has been living in the Coachella Valley since 2003 and involved in the CAI Coachella Valley Chapter since 2010 when he began his career with Desert Resort Management. Mark started with the Desert Resort Management team as the controller, working his way up through the company to his current position as
the President and CEO. Mark originally joined the CAI organization in order
to learn about the community association industry and network. He accredits CAI for quite a few of his industry friendships and assistance with the success of his business. Prior to his position with Desert Resort Management, Mark was working as the CFO of a private equity firm in the extreme sporting industry.
Mark and his significant other enjoy their time over good wine and traveling to Napa, Oregon and Carlsbad.
Mark Dodge
MEET THE PUBLIC RELATIONS COMMITTEE CHAIR – MARK DODGE
During his spare time he enjoys spending time with his two sons (11 and 17) watching their football games and wrestling matches, reading a good book or three at a time. He is currently reading Dan Brown’s Inferno, Steve Barry’s The Lincoln Myth and the Pharaoh’s Secret by Clive Cluster.
When asked what he thinks he would be doing if he wasn’t working in the CID industry, he stated that he couldn’t imagine doing anything other than working at DRM with his team, he stated that he truly enjoys his job. His involvement in the development and growth of DRM is his favorite thing about his life at the moment. He loves the crazy spontaneity of the industry, and the ever changing, multi-faceted environment of the HOA world. Mark believes that there is something to be learned from everyone he meets; he’s picked up invaluable knowledge and expertise from his colleagues and counterparts. He loves learning from other people, understanding that being open to other’s ideas and thoughts is the way to success and to building a happy, productive work environment.
CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV 2524
Albert Management is pleased to announce results of its sixth annual Bear Affair, a unique holiday toy drive
to benefit a local children’s charity. In lieu of a traditional company holiday party, Albert Management purchased 100 teddy bears and called on business partners, customers, employees, friends and family to help dress the bears and outfit them with new toys to donate to a local charity. Nearly $20,000 in new toys was donated to the Family YMCA of the Desert as a result of the effort.
Established in 1982, Family YMCA of the Desert focuses their work in three key areas: nurturing the potential of kids, helping people live healthier lives, and supporting neighbors. Currently, the YMCA serves the needs of over 3,000 children in 42 locations throughout the Coachella Valley.
“Our employees, customers and business partners all understand the responsibility of giving back to the commu-nity,” said Lori Albert, President & CEO of Albert Manage-ment. “By joining together, we can make a significant dif-ference for the children and families served by the Family YMCA of the Desert.”
Response to the call for help was overwhelming, with all of the bears checked out to eagerly awaiting participants. Bears were dressed for the charity as STAR WARS char-acters, choir angels, barrel of monkeys, and many other creative characters.
The response and excitement generated by the unique toy drive carried over to a Bear Affair Celebration party for participants at the IW Club in Indian Wells on Thursday,
Albert Management’s Sixth Annual Bear Affair
Benefiting Family YMCA of the Desert
By Lori Albert, CCAM
Lori Albert, CCAM, is CEO and President of Albert Management, Inc. Lori is a graduate of Gonzaga
University and former faculty of the University of Washington Professional and Continuing Education Program for public relations and communications. Lori can be reached at [email protected] or by phone at 760-346-9000.
CHARITY
December 3. All 100 dressed bears were on display at the party and prizes were awarded. For the first time in Bear Affair history, tie votes were received in each prize cat-egory. John Walters-Clark (Nelson Paving Group) and Mary Beth Shields (Albert Management) won in the Best Dressed category for their STAR WARS and Choir of Angels entries. Trish Forte and Monterey Country Club Homeowners (Albert Management) and Leslie Spoor (Executive Errands) took home the Most Creative award for the their Monterey Mountain and Barrel of Monkeys. Tom Thorman (Van-tage Point Construction) and Dea Frank (Epsten Grinnell & Howell) swept the category for Bear Extraordinaire with their Apollo 11 Landing and Candyland displays.
Over 35 local businesses participated in the effort including banks, attorneys, landscape maintenance companies, homeowner associations, construction and remodel contractors, asphalt companies, security service providers, insurance agents, pest control companies, real-tors, CPA’s and even personal trainers.
Corporate sponsors of the 2015 Bear Affair include Asphalt MD’s, AMS Paving, EmpireWorks, Fiore Racobs & Powers, Guralnick & Gilliland, LLP, Carol Fulton and LaBarre/Oksnee Insurance, Nelson Paving Group, Pacific Western Bank, Peters & Freedman, LLP, Powerful Pest Management, Prendiville Insurance, Sunshine Landscape, Vantage Point Construction and Western Pacific Roofing.
For more information about Family YMCA of the Desert programs or events, visit their website at www.ymcaofthedesert.org.
Rob Winkle has served on the CAI-CV Chapter board of direc-
tors for six years. For more than 20 years, Rob has served on numerous Chapter committees, and served as the Chapter President in 2012.
When asked what his primary goal was as Chapter president, Rob com-mented that he wanted to see unity in the Chapter. His objective was to achieve consensus by encouraging participa-tion of everyone with diverse views. He credits his fellow board members with the success of the Chapter and has been honored to be part of such a dedicated group of individuals.
Rob is a native Californian, born in San Diego with his twin brother Ron. Rob comes from a large family with two brothers and four sisters. Rob believes that one of the keys to the success of Western Pacific is the long term relation-ships forged in a true belief that their customers and clients are like family. Rob has been in the roofing industry for over 33 years and sits on the Board of Directors for the Western States Roofing Contractors Association.
Rob Winkle has been an integral part of the CAI-CV Chapter for many years, and the CAI-CV Chapter thanks Rob for his never-ending support. Rob’s calm demeanor and sage advice at board meetings will be missed. Thank you, Rob, for your volunteer efforts and financial support to help the Chapter grow and prosper over the last 20 years.
Christina Baine DeJardin, a part-ner at the Law Firm of Peters & Freed-man, L.L.P., moved her family to the Coachella Valley from San Diego in
2009 to take over and run the firm’s local office. Christina grew up in Orange County, obtained her undergraduate degree from UCSD and her law degree from USD; however, she quickly acclimated to the weather, the people and the Valley lifestyle.
As a member of CAI since starting with Peters & Freed-man, L.L.P. in 2003, Christina jumped right into the Coach-ella Valley chapter, serving on various committees and eventually the Board of Directors. When the Chapter Execu-tive Director left in early 2014, Christina, Board President of the CAI CV Chapter at the time, worked tirelessly with other Board members to find an amazing replacement.
Christina understands that legislation involving associa-tions can have a large impact on the daily lives of association members. By educating our legislators on the effect their proposed bills have on associations, we can attempt to pro-tect our investments and try to avoid bad laws. As a result of making legislative efforts a priority for the CAI-CV Chapter, Christina was awarded the Volunteer of the Year Award by the CAI-Legislative Action Committee (CLAC) in 2014.
Having served for the prior several years, Christina has termed out of service on the CAI CV Chapter Board. We have no doubt, however, that she will continue to contribute her time and expertise to see our Chapter continue to grow.
When she is not devoting her time and energy to her cli-ents and our Chapter, Christina spends time with her hus-band, Doug, and her two beautiful children, Jackson (9) and Jemma (6). Family time includes swimming, hiking, travel-ling, watching movies, hanging out and generally having fun. In her free time, Christina loves reading and would get a tremendous value out of an all-you-can read subscription service. Christina has a way of making those around here feel loved and never misses an opportunity to smile and to bring a smile to the faces of those around her.
Thank you, Christina, for all of the time and effort you have devoted to our Chapter!
Paula Tapia, Director of Busi-ness Development for Associa/Desert Resort Management, has served on the CAI-CV board of
directors for the past three years. Paula’s passion for the HOA industry was evident during her tenure. She recog-nized the Chapter’s need for a new database system that would provide easy access for the Chapter members, and she was a part of the task force that researched the AMS system that the Chapter is currently using. She also rec-ognized the need for the Chapter to fund CLAC (Califor-nia Legislative Action Committee) and was supportive, with her time and silent auction items, for the Chapter’s annual “Corks for CLAC” fundraising events.
Paula is most proud of her long tenure on the Quorum Committee. She stated during the interview for this article, that the Quorum Committee is the heart of the CAI-CV Chapter and has always had her heart too; over the years, through the many transitions of its Chairs and Co-Chairs, she said there was always the recognition that the Quorum Committee would never give up, that it represented the Chapter, and was a needed part of the Chapter organization. Due to Paula’s involvement with many community service organizations and chambers of commerce, she was able to provide timely and inter-esting articles for many Quorum editions. You might have read her articles from the various water districts and her article about the Palm Springs Tramway.
After ten years in the local banking industry, Paula is now working for Associa/Desert Resort Management, as their Director of Business Development. The CAI-CV Chapter wishes her continued success in her career, and thanks her for her dedication to our Chapter. She will be missed at board meetings.
Thanks to James McCormick, Esq., for his story about Christina, and Phyllis Harkins for her stories about Rob and Paula.
OUTGOING CHAPTER DIRECTORSRob Winkle Christina Baine DeJardin Paula Tapia
• Landscape Maintenance• Tree Care• Enhancement & Construction• Water Conservation• 24 Hr Emergency Service
760.343.143372265 Manufacturing Road • Thousand Palms, CA 92276
www.conservelandcare.comLicense No. 958748
Patio Furniture Doctors Inc.“REFINISHING SPECIALISTS”
We can create a new look with your existingpatio furniture for about 1/2 the cost of new!
We are your only locally owned and operated state of the art
Please call me any time for your free on-site furnitureassessment. I am always in your neighborhood.
Owner/Operator Bill Richardson
BEST PRICES, QUALITY & SERVICEWe can meet or beat any professionally written quote.
(760) [email protected]
TIME HONORED
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV26 27
If you live in the Coachella Valley and care about your future, the Quantification Settlement Agreement (QSA)
matters to you. It is undoubtedly complicated, and it is absolutely vital to our region by providing security of your long-term water supply when you need it most. The extraordinary time and talent it took to reach agreement was visionary and collaborative. As a result, all of us here in the Coachella Valley can enjoy a thriving community and a reliable, sustainable water supply.
The Quantification Settlement Agreement and related agreements, reached in 2003 and upheld in court in 2013, was designed to ensure adequate water for urban areas, including the Coachella Valley, by creating large-scale transfers of water from the enormous agricultural water entitlements. The parties to the Federal QSA agreement– CVWD, San Diego County Water Authority, Imperial Irrigation District, Metropolitan Water District, the State of California, and the U.S. Department of the Interior,
resolved decades-old disputes over usage and transfers of water supplied from the Colorado River. The QSA provides stability and continuity, and eliminates annual wrangling over how much water each agency might receive. The QSA is vital to the life of the Colorado River, and to the water supply of the Coachella Valley.
The agreement was designed to be in effect for 75 years and guarantees the Coachella Valley Water District 330,000 acre-feet of water (which was the annual average usage at the time of the agreement) plus transferred water that continues to ramp up over time. Imperial Irrigation District’s allotment is 3.1 million acre-feet, less the water transferred to CVWD and other water agencies.
This agreement doesn’t just provide for WATER stability, it provides ECONOMIC stability for the Coachella Valley. The QSA means water is used where it makes the most sense. The series of agreements that comprise the QSA were designed to create a reliable water supply for all of
Southern California, balance the needs of urban areas and agricultural interests, and properly manage the 4.4 million acre-feet of imported Colorado River water that California is entitled to each year.
Without the QSA, there would be no certainty regarding water supply for the Coachella Valley, and there would be no guarantees that Colorado River water could be used to replenish groundwater supplies here. Without the QSA, the debate over Colorado River water would return to chaotic annual infighting, which would harm the long term economic security of the Valley.
In July of 2014, the Imperial Irrigation District filed a petition with the State Water Resources Control Board, seeking to make conditional its transfer of water to CVWD based upon California’s obligation to restore the Salton Sea. The IID claims that it only signed the QSA based upon the written commitment to restore the Salton Sea, but the QSA does not make this promise. Nowhere within the QSA does it call for “restoration”. Rather, the QSA guarantees mitigation of the effects of the QSA, including after 2018 to mitigate emissive dust from playa exposed as a result of the transfers. The Salton Sea has long been in decline dating back decades prior to the implementation of the QSA. The QSA was never intended to save the sea.
It is irresponsible and dangerous to hold the QSA hostage over restoration of the Salton Sea, which is exactly what IID is attempting to do through this petition. CVWD is fully supportive of the mission to restore the Salton Sea, and that mission rests squarely with the State of California, which must decide not only how to save the Sea, but how to pay for restoration as well. IID’s attempt to link the QSA, and mandated water transfers, to the Salton Sea restoration will threaten the stability of imported water for the Coachella Valley, undermine our economy and place future water allocations in jeopardy.
If the QSA is undermined, the federal government could well take over control of our water allocation, removing local input, and setting aside a well-reasoned, carefully charted plan of action codified by the QSA. IID’s attack on the QSA must be rebuffed immediately, for the safety and security of the Coachella Valley’s water supply, and our economic future!
John Powell Jr. is President of the Coachella Valley Water District Board of Directors. He can be reached at [email protected]. For more information, visit
www.waterforthefuture.org
By John Powell Jr. President, Board of Directors Coachella Valley Water District
QSA vital to Coachella Valley’s future
In July of 2014, the Imperial Irrigation District filed a
petition with the State Water Resources Control Board,
seeking to make conditional its transfer of water to CVWD
based upon California’s obligation to restore the
Salton Sea.
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV28 29
WATER WISE
愀洀猀瀀愀瘀椀渀最⸀挀漀洀㠀 ⸀㌀㔀㜀⸀ 㜀匀攀爀瘀椀渀最 愀氀氀 漀昀 匀漀甀琀栀攀爀渀 䌀愀氀椀昀漀爀渀椀愀 猀椀渀挀攀 㤀㠀℀
伀甀爀 匀攀爀瘀椀挀攀猀㨀∠ 䄀猀瀀栀愀氀琀 刀攀瀀愀椀爀Ⰰ 倀愀琀挀栀椀渀最 ☀ 䌀爀愀挀欀昀椀氀氀∠ 䄀猀瀀栀愀氀琀 刀攀洀漀瘀愀氀 ☀ 刀攀瀀氀愀挀攀洀攀渀琀∠ 䜀爀愀搀椀渀最 愀渀搀 一攀眀 倀愀瘀椀渀最∠ 伀瘀攀爀氀愀礀猀 愀渀搀 䘀愀戀爀椀挀 伀瘀攀爀氀愀礀猀∠ 䄀氀氀 琀礀瀀攀猀 漀昀 匀氀甀爀爀礀 匀攀愀氀猀Ⰰ 倀愀瘀攀洀攀渀琀 䌀漀愀琀椀渀最猀 愀渀搀 匀琀爀椀瀀椀渀最 倀愀瘀攀洀攀渀琀 䌀漀愀琀椀渀最猀 愀渀搀 匀琀爀椀瀀椀渀最
Quorum January, 201630 31
FEATURE
Personal branding was popularized in an article by Tom Peters, first published in Fast Company Magazine (“A
Brand Called You”) over ten years ago. He starts out the article by writing, “Regardless of age, regardless of position, regardless of the business we happen to be in, all of us need to understand the importance of branding. We are CEOs of our own companies: Me Inc. To be in business today, our most important job is to be head marketer for the brand called You.”
What is a professional advantage?
• When you are perceived at a higher value than your competitors.
What is a personal brand?
• A definition of you and what makes you unique as a person and a professional.
Why should you build and maintain a personal brand?
• Find a better job so you can earn more money and be happy to go to work every day
• Win more clients for your company to increase sales and increase your earnings
• Land better clients for your company
• Grow your professional network so you open more professional opportunities
• Build online communities to further increase profes-sional opportunities
• Lay the foundation for future success; however you define it
How do you build and maintain a personal brand?
1. Define yourself, include input from others, play to your strengths
2. Present yourself professionally – not just in person
3. Continuously build on your knowledge base
4. Participate in CAI, both locally and nationally
5. Donate your time in the community
6. Be present, participate
7. Behave
8. Make your brand known, without boasting
9. Keep your brand message consistent across all platforms
10. Keep it brief – the importance of the elevator pitch
Personal brands go with you no matter where you work, live, and play. Investing in personal branding is an invest-ment in yourself.
Lori Albert, CCAM, is CEO and President of Albert Management, Inc. Lori is a graduate of Gonzaga University and former faculty of the University of Washington Professional and
Continuing Education Program for public relations and communications. Lori can be reached at [email protected] or by phone at 760-346-9000.
Finding Your Professional Advantage – Ten Ways to Build Your Personal Brand
By Lori Albert, CCAM – Albert Management, Inc.
Last year, the California legisla-ture was busy enacting laws that
affect common interest developments, regarding artificial turf, clotheslines, FHA/VA disclosures and more. In contrast, we did not see too many court cases pertaining to homeowners associations. However, two important Appellate Court decisions, addressing short-term renters and alternative dispute resolu-tion procedures were rendered. The following is a brief synopsis of the significant legislation and caselaw from 2015.
2015 LawsAB 349. ARTIFICIAL TURF:
AB 349 modified Civil Code section 4735 and makes void and unenforceable any provi-sion in an association’s govern-ing documents that prohibits artificial turf “or any other syn-thetic surface that resembles grass.” The bill also prohibits associations from requiring the removal of water-efficient land-scaping installed in response to the drought emergency, once the state of emergency is concluded.
Impact and Preparing for this Law: This bill was enacted as urgency legislation and became effective on September 4, 2015. Boards and man-agers should review the association’s governing documents (CC&Rs, operat-ing rules, architectural and landscap-ing standards, etc.) to determine if they contain provisions that may now be unenforceable (i.e., prohibitions on artificial turf). Associations may
establish reasonable restrictions, such as type and maintenance of artificial turf, so long as those restrictions do not, in effect, prohibit an owner from installing artificial turf or require them to remove such turf upon con-clusion of the drought-related state of emergency.
AB 786. RECYCLED WATER: This bill amended Civil Code section 4735 and allows an association to fine owners for reducing or eliminating the watering of a lawn or vegeta-tion if recycled water is available to the owner for that purpose and the owner fails to use it for landscaping irrigation.
Impact and Preparing for this Law: This bill was enacted as urgency legislation and became effective on October 11, 2015. If an owner is
receiving recycled water at his or her separate interest, and fails to irrigate with such water, the association may then impose a fine, upon due process. Prior to imposing a fine on an owner under Section 4735, associations should consult with legal counsel to ensure that the fine meets the require-
ments of the statute.AB 596. FHA-VA DISCLO-
SURE: AB 596 modifies Civil Code section 5300(b) regard-ing information that needs to be included into the Annual Budget Report. Starting on July 1, 2016, the Annual Budget Report will need to include language indicating whether the common interest develop-ment is an approved condo-minium project pursuant to Federal Housing Adminis-tration (FHA) and Depart-ment of Veterans Affairs (VA) guidelines.
AB 596 does NOT require that common interest devel-opments be certified by FHA or VA, but rather, to notify the
members on a yearly basis of the status of FHA and VA certification.
Impact and Preparing for this Law: While FHA and VA certifica-tion is typically only applicable to condominium projects, the language of the required disclosure asks com-mon interest developments to indicate whether it is or is not a condominium project. This suggests that all associa-tions will need to include the above disclosures into the Annual Budget Report from July 1, 2016 going forward.
By Adrian J. Adams, Esq., Adams | Stirling PLC and Laurie S. Poole, Esq. Peters & Freedman, LLP
Turf and Clotheslines and Short-Term Renters, Oh My!
If you are looking to network with professionals and entrepreneurs in your industry, find a job, locate angel
investors or keep tabs on your competition, LinkedIn is the most effective way to help you do just that and more!
• Create a profile
• Enter current employment information
• Provide previous employment positions
• Provide education history
• Add a summary of your profile*
• Include areas of expertise
• Upload photo
• Continually update your profile
• When you update your profile you can control who receives updates
*Note: Each time your name appears, it includes your professional headline. So take time to create and describe your area of expertise and accomplishments. eg. John Doe – 20 year expert facilitating $100,000,000 in high tech mergers.
Get Found on Linked In
• Add your LinkedIn URL to your email signature and business cards
• Create a blog and include a link to your LinkedIn profile
LinkedIn Mobile App
• Tap into your professional world with the LinkedIn app. Get a daily brief on what’s happening in your network.
WELCOME ABOARD
Local’s Choice Printing and Direct Mail is a locally owned and operated company in Rancho Mirage. For more than 25 years, they have been offering quality printing, direct mail and graphic design services at very competitive prices.
Each of their services stands alone. If it’s printing you are looking for, they print everything from busi-ness cards to banners; the products are of the highest quality. They also offer a price match guarantee on most of their printed products.
They have different mailing options tailored to the unique needs of their clients. They offer the best pric-ing for both Every Door Direct Mail and mailing to a targeted list or geographical farm area. By combining their low cost printing and presort software, they are able to offer the most affordable direct mail solutions available. Unlike the online companies, they invite you to come in and talk to them about your marketing campaign. They will work with you to create a mail program that is both beautiful and affordable.
Their graphic design team brings passion and enthusiasm to every project. Graphic design services can be utilized for logos, caricatures, newsletters, postcards… big or small, whatever you can imagine.
Their business is built on their relationships. Their solid reputation continues to grow as a result.
Local’s Choice Printing and Direct Mail offers con-sumers the opportunity to keep their business local, and they actually cost less than online competitors.
Greg Jones is the owner of Local’s Choice Print-ing and Direct Mail. He states they have joined CAI to meet more like-minded business owners.
Local’s Choice Printing and Direct Mail is located at 69930 Hwy 111, Ste 209, Rancho Mirage, CA 92270 or phone them at 760-904-5125 or visit them on their website at www.localschoice.org.
By Lisa Lynn, CCAM
Connect. Find. Be Found.Power Your Career.Learn and Share.
By Antoinette Hamilton
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV32 33
FEATURETRENDING NOW
2015 CASESWatts v. Oak Shores Community
Association (2015) 235 Cal.App.4th 466 Owners of lots in a common inter-est development who rented their homes to short-term renters (i.e., less than 30 days) challenged regulations and fees adopted by the board that were imposed only on absentee own-ers who engaged in short-term rent-als. Those rules included a minimum rental period of seven days and a fee for bringing boats and other watercraft into Oak Shores.
Both the trial and appellate courts ruled in favor of the association, find-ing that the rules and regulations are reasonable and comply with the association’s governing documents. In reviewing the reasonableness of rules particular to short-term owners, the court recognized that the association’s rules did not prohibit the board from adopting rules governing short-term rentals, including fees to help defray the costs such rentals impose on all owners, stating:
The Board may reasonably decide that all owners should not be required to subsidize Watts’s vacation rental business.
The court further found that short-term renters cost the association more than long-term renters or permanent residents:
That short-term renters cost the Association more than long-term renters or permanent residents is not only supported by the evidence but experience and common sense places the matter beyond debate. Short-term renters use the common facilities more intensely; they take more staff time in giving directions and information and enforcing the rules; and they are less careful in using the common facilities because they are not concerned with the long-term consequences of abuse.
Two other important rulings were decided in this Case:
1. The rule of judicial deference for homeowners association boards that was established in the 1999 Supreme Court decision, Lamden v. La Jolla Shores Clubdominium Homeown-ers Assn. (1999) 21 Cal.4th 249, can be extended to board decisions concern-ing matters other than maintenance, including decisions to adopt rules and regulations.
2. Civil Code Section 5600(b) prohibits an association from impos-ing or collecting an “assessment or fee that exceeds the amount necessary to defray the costs for which it is levied. The short-term owners argued that the association could not prove there was an exact correlation to the fees imposed on them and the cost to the association arising from their vaca-tion rentals. The court determined that Section 5600(b) does not require an exact correlation between the fee assessed and the costs for which it is levied. The court recognized that “in some instances, such an exact correlation may be impossible to obtain” or in other cases, the costs of studies necessary to obtain an exact correlation may be prohibitive. The court held that the most “reasonable interpretation” of Section 5600(b) is that it requires nothing more than a” reasonable good faith estimate” of the amount of the fee necessary to defray the cost for which it is levied.
What Boards and Managers Can Learn from this Case: Rules and fees that are specific to owners who engage in short-term rentals may be reason-able. In determining whether to adopt such regulations, boards should ensure that the governing documents confer broad rule-making power upon the board. Additionally, boards should follow the standard of care and engage in a reasoned decision-making process to justify the basis for such regulations. For any fees charged, the board is not required to have an exact correlation between the fee assessed and the costs for which it is levied. Rather, so long as the board has a good faith estimate of the amount of the fee that will be necessary to defray the cost, the amount imposed may be upheld.
Ryland Mews Homeowners Assn. v. Munoz (2015) 234 Cal. App. 4th 705 This case concerned an alleged nuisance caused by the owner of a sec-ond floor condominium, Mr. Munoz, who replaced the unit’s carpets with hardwood floors without obtaining prior approval of the association. The downstairs owners complained that the sound was amplified after the hardwood floors were installed. In enforcing the nuisance and architec-tural issues, the association requested that Mr. Munoz participate in alterna-tive dispute resolution (ADR) under Civil Code Sections 5930-5965. How-ever, the association’s request did not
include a copy of those code sections, which is required. The owner did not respond to the request and the asso-ciation filed a lawsuit, seeking injunc-tive and declaratory relief.
The association sought a prelimi-nary injunction seeking to prevent Mr. Munoz from maintaining the hardwood flooring. In Mr. Munoz’ opposition, he contended that hard-wood floors were necessary due to his wife’s dust allergies. He included declarations from medical profes-sionals regarding his wife’s medical condition.
The court decisions in this case focused on two issues:
1. Was the granting of the pre-liminary injunction correct? Yes. The trial court did not demand that Mr. Munoz tear up his floors. Rather, he was required to seek a proposal through a contractor to modify the floors consistent with the associa-tion’s regulations. The trial court also ordered Mr. Munoz to cover 80% of the flooring area with throw rugs to reduce the sound transmissions. This was a compromise that reflected a balanced consideration of the circum-stances of everyone involved.
2. Did the fact that the associa-tion’s ADR request did not include a complete copy of the ADR statutes mean that the court had no jurisdic-tion over the case? No. There was no legal authority presented to support this argument. Also, Mr. Munoz did not identify any prejudice by the association’s failure to include the ADR statutes. In fact, Mr. Munoz ignored the association’s ADR request, never complained about the failure to receive a copy of the statutes until well into the court proceedings and did not relate any confusion regarding his rights under the statute.
What Boards and Managers Can Learn from this Case: Dis-putes between owners regarding
Civil Code Section 5300 (b)(10) and (b)(11) sets forth the specifics regard-ing what needs to be included in the disclosures. Both disclosures are required to be on separate pieces of paper.
Since the Annual Budget Report is prepared once each year and FHA and/or VA certification could change before the next year’s Annual Budget Report is prepared, it would be pru-dent to include a statement indicating that the information about FHA and VA certification is current as of the date of the Annual Budget Report and that more current information should be obtained on FHA and VA websites.
AB 1448. CLOTHESLINES & DRY-ING RACKS: AB 1448 was proposed as a modest energy conservation measure and adds Civil Code section 4750.10 which will become effective on January 1, 2016. This new code section states that any governing document provision (e.g., CC&Rs, Bylaws, Rules) that effectively prohibits or unreason-ably restricts an owner’s ability to use a clothesline or drying rack in the owner’s backyard is void and unen-forceable. Under this new statute, a “clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry or air. A “drying rack” means an apparatus from which laun-dered items may be hung to dry or air.
The following are not considered to be a “clothesline” or drying rack: balcony, railing, awning, other part
of a structure or building. The new statute allows for “reasonable” restric-tions to be imposed on an owner’s backyard for the use of a clothesline or drying rack. “Reasonable restric-tions” are defined as those that do not significantly increase the cost of using a clothesline or drying rack. The law also states that Section 4750.10 only applies to backyards that are designated for the exclusive use of the owner.
Impact and Preparing for this Law: The governing documents of most common interest developments contain prohibitions on use of clothes-lines or exterior laundering. Depend-ing on the language of such provisions, they may now be unenforceable. The first task is to review the governing documents to determine if a “clothes-line” restriction exists which is now unenforceable. If so, then the associa-tion should consult with legal counsel regarding what rules, if any, should be adopted. Any such rules can specify that exterior drying of laundry is prohibited on balconies, railings and awnings.
AB 1516. ASSESSMENT AND RESERVE FUNDING DISCLOSURE FORM. Amends Civil Code sec-tion 5570(a)(7) and makes techni-cal changes to the Assessment and Reserve Funding Disclosure Form to replace the word “funding” in two locations with the word “funded.”
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV 35
FEATURE
34
FEATURE
AdvertisersACCOUNTANTS & BOOKKEEPERS
BRABO & CARLSEN, LLP .............................................3
ASPHA LT
AMS PAVING ..............................................................31
ASPHALT MD’S ..........................................................23
DIVERSIFIED ASPHALT ..............................................39
NPG NELSON PAVING/GOLDSTAR ASPHALT................2
ATTORNEYS
EPSTEN GRINNELL AND HOWELL ................................6
FIORE RACOBS & POWERS ..........................................4
GREEN BRYANT & FRENCH, LLP ................................23
GURALNICK & GILLILAND, LLP ....................................3
LAW OFFICE OF PEGGY REDMON ..............................29
PETERS & FREEDMAN, LLP .......................................38
BANKING
MUTUAL OF OMAHA BANK ..........................................4
ELECTRIC & WATER
COACHELLA VALLEY WATER DISTRICT .......................2
INSURANCE
TIMOTHY CLINE INSURANCE AGENCY, INC..................2
LANDSCAPING
CONSERVE LANDCARE ..............................................27
SUNSHINE LANDSCAPE .............................................29
WATERRITE - VINTAGE ASSOCIATES, INC. ................38
OUTDOOR FURNITURE
PATIO FURNITURE DOCTORS, INC. ............................27
PEST CONTROL
POWERFUL PEST MANAGEMENT ..............................38
POOL DECK RESURFACING
CTI OF THE DESERT .....................................................3
ROOFING
WESTERN PACIFIC ROOFING .....................................38
SECURITY
ALLIED BARTON ........................................................25
AMS SECURITY ............................................................3
SECURITAS ................................................................38
SUN CHASERS ...........................................................29
UTILITY AUDITING
PACIFIC UTILITY AUDIT .............................................39
transmission of sound on hard surface flooring are challenging. Increasingly, associations are being told that replacement of carpet in second or higher floor units is nec-essary for medical reasons. Balanc-ing the competing interests: the need for a reasonable accommoda-tion against the right to preserve the quiet enjoyment of the neighboring residents is difficult. The court in this case established an equitable solution that mitigated the harms to both parties. However, the more interesting decision will be the ultimate outcome of this case and whether replacement or modifica-tion of the hard surface flooring will be required.
Although the court found that the association’s failure to provide Mr. Munoz with a copy of the ADR article (as is required by Civil Code Section 5935(a)(4) was not prejudi-cial, associations should make every effort to strictly comply with the provisions of the ADR statutes.
Laurie S. Poole has been an attorney with Peters & Freedman, L.L.P. since 1993. Peters & Freedman,
L.L.P. serves the Coachella Valley/Riverside County, San Diego County, and Orange County. Laurie can be reached at [email protected] or (760) 773-4463.
Adrian Adams is the principal and managing attorney for the Adams Stirling and also editor for
the Davis-Stirling.com website and newsletter. Since opening its doors in 2000, Adams Stirling has grown from a single office in Los Angeles to nine offices throughout the state. Adrian can be reached at [email protected] or (800) 464-2817.
ADVERTISING
We have some new magazine ad layouts this year that offer incredible vis-ibility - like placement on the back cover or a two-page spread in the center. The layouts are outlined in our 2016 Advertising & Sponsorship Plan that can be downloaded from www.cai-cv.org or you can pick up a copy at the CAI-CV office.
QUORUM ONLINE
Did you know that every issue of Quorum for the past five years is avail-able to you at CAI-CV's new website? In 2016, we are expanding the Quorum page to include spotlight articles that everyone needs to read and a whole new format that shows the covers of the last nine magazines and the most impor-tant features in each issue. Spotlight articles will be emailed to members and potential members.
The Quorum online page is also designed to attract new members and advertisers. The CAI-CV Board and Membership Committee will be using Quorum as a tool to attract new members 2016 so the physical and electronic disbursement of the magazine will dramatically increase. With these changes, we expect our readership to double in 2016.
Did you know that you can ask Quorum to consider placing your commu-nity on the front cover? Have you ever had a great idea for a Quorum article? Have you written something for another publication and wondered how to get it published in Quorum? The new Quorum page will have the request form online. Communicating with the Quorum Committee will be easier than ever!
COMING SOON ONLINE!
• Featured articles online
• Emailed article previews that lead back to the online Magazine
• Increased distribution
• Easy communications with the Quorum Committee to get your associa-tion featured or share your story ideas
• Monthly updates online to stay current with new Quorum articles.
ORGANIZATION OF ARTICLES
Have you noticed an improvement with the look and feel of Quorum? Quorum is using a new program called Base Camp (www.basecamp.com) to manage and edit each issue of the Magazine. This program tracks every article, photos and questions and comments from the entire Committee. This new program has radically improved the quality of Quorum and the vol-unteer time needed to publish the Magazine has been reduced. We now have time to reach out to all of you for your ideas and articles.
EXTRAS FOR YOU
Have you ever wanted copies of your Quorum article or feature? In 2016, we will be offering reprints of whole issues or partial issues for you to use as marketing tools for your own communities or companies. Our award-win-ning photos and articles are now available for you to use or reprint in your own newsletters.
A TOP-DOWN VISION
CAI-CV is all about education. Each issue in 2016 will feature education on timely issues of importance to community board members, managers and businesses that support HOAs. The Quorum committee has already outlined articles for the entire 35th Anniversary year. Quorum is on the move and we want all of our members to know how your input and participation contin-ues to transform our Magazine into a high-quality, high-impact publication. Thank you!
Rodney Bissell is the owner of Bissell Design Studios Inc. and is the Co-Chair and graphic designer for the Quorum Magazine. Rodney can be reached at [email protected] or by phone at 714-293-3749 and you can see more at www.BissellDesign.com.
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV36 37
FEATURE CONTENTS
By Rodney Bissell, Bissell Design Inc. Quorum Co-Chair and Graphic Designer
Quorum is on the move in 2016 to better serve our long-time and
potential members.
What's New for Quorum in 2016
FEATURE
WESTERN PACIFICRoofing Corporation
Since 1949
“Complete Roofing Services”Repairs • Re-roofing
Roof Inspection • Maintenance ProgramsPolyurethane Foam • Built-up • Tile • Patios
3462 La Campana Way, Palm Springs, CA 92262Phone (760) 416-5877 Fax (760) 320-8912
FIND US ONLINE AT www.westpacroof.com
Contractors Lic. # 235717
DIVERSIFIED ASPHALT PRODUCTSSouthern California’s Leading Seal Coat Manufacturer1227 NORTH OLIVE STREET • ANAHEIM, CA 92801 TOLL FREE: 855-OVERKOTE • 855-683-7568www.DiversifiedAsphalt.com
ASPHALT COATINGFOR PROS
OverKote is designed to maintain and beautify paved services. It will extend the life of asphalt for years... protecting your investment and the value of your neighborhoods.
We Save What You Pave.
18452 QtrP4C Quorum ad v13.indd 1 12/24/14 12:18 PM
Quorum January, 2016 CAI-CV.org facebook.com/CAICV twitter.com/CAI_CV38 39
San Diego Area: 760.436.3441 Coachella Valley: 760.773.4463Orange County: 949.390.2977
www.hoalaw.com [email protected]
• Board Education & Fiduciary Compliance • Governing Document Interpretation • ADR & IDR • CC&R Restatement & Amendments • Assessment Recovery • Writs & Appeals • Litigation – Enforcement & Defense • Construction Defect / Reconstruction • Contract Negotiation
As a full service law firm, our services include:
Please contact us for a free consultationon how we can help your association!
Securitas Security Services USA, Inc.For more information on how we can exceed your expectations, contact Reginald St. Germaine, Palm Desert Branch Manager at (760) 779-0728.
www.securitas.com/us/en
CAI-CVad.indd 1 11/29/12 2:02 PM
41-905 Boardwalk, A-2Palm Desert, CA 92211
CAI-CV UPCOMING EVENTS
FEBRUARYManager On The Run (MOTR) (for managers) WHEN: Friday, February 5, 2016 WHERE: Sunshine Landscape, Thousand Palms
Lunch Program & Mini Trade Show (for all members) WHEN: Friday, February 12, 2016, 11:15 a.m. WHERE: Palm Valley Country Club, Palm Desert
Board Member Workshop (BMW) (for HOA board members) WHEN: Thursday, February 18, 2016 WHERE: Shadow Mountain Resort & Club, Palm Desert
Corks for CLAC Wine Tasting (for all members) WHEN: Thursday, February 18, 2016 WHERE: Shadow Mountain Resort & Club, Palm Desert
GREEN IS FOR LOCAL EVENTS
CAI’s M100 Course on The Essentials of Community Association Management (for managers)
WHEN: Thursday-Saturday, February 25-27, 2016 WHERE: Santa Ana
MARCHCAI’s CASE Study for PCAM (for managers) WHEN: Thursday-Friday, March 3-4, 2016 WHERE: Los Angeles
Lunch Program & Mini Trade Show (for all members) WHEN: Friday, March 11, 2016, 11:15 a.m. WHERE: Palm Valley Country Club, Palm Desert
Shadow Mountain Resort & Club45750 San Luis Rey, Palm Desert
Poolside | 5:30 p.m. | $45
BU
ILDING BETTER COMMUN
ITIE
S
AN
N I V E R S A
RY
CO
MM
UNITY ASSOCIATIONS INSTITUTE
CO
ACHELLA VALLEYth
20161981 35th
Save the Date! Thursday, February 18, 2016
FOR REGISTRATION & SPONSORSHIPS VISIT CAI-CV.ORG OR CALL 760-341-0559
SIGN UP TO BRING A SILENT AUCTION BASKET OR DOOR PRIZE BY CALLING THE OFFICE OR BY EMAIL AT [email protected]
JANUARYLunch Program & Mini Trade Show (for all members) WHEN: Friday, January 8, 2016, 11:15 a.m. SPEAKER: SPECIAL GUEST SPEAKER JULIE ADAMEN WHERE: Palm Valley Country Club, Palm Desert
CAI’s M205 Course on Risk Management (for managers) WHEN: Thursday-Friday, January 21-22, 2016 WHERE: Santa Ana
CAI’s National Law Seminar (for HOA Attorneys) WHEN: Thursday-Saturday, January 28-30, 2016 WHERE: New Orleans
CAI-CV ANNUAL WINE TASTING
Corks for CLACCAI’s California Legislative
Action Committee