CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.
Coachella Valley Community Associations Institute Magazine
INSIDE THIS EDITION 17 Maintenance - Mechanics Liens 24 It's Short Term Rental Season 28 What Every Business Partner Needs to Know About Working with CAI-Coachella Valley Management Company Members
CAI-CV & KESQ PARTNERSHIP | ADVERTISE WITH KESQ 760-340-7115
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BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER 2017
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GERARD GONZALES PAST PRESIDENT Albert Management, Inc. JOLEN ZEROSKI, CMCA TREASURER Union Bank JOHN WALTERS-CLARK SECRETARY Associa Desert Resort Management CARDINAL AMBROSE, CCAM, CMCA, AMS DIRECTOR Albert Management, Inc. TAD BLACK DIRECTOR Associa OnCall RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management MATT LAWTON, CIRMS DIRECTOR Prendiville Insurance Agency LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA MIKE TRAIDMAN DIRECTOR Mira Vista HOA
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 LOCKETT Executive Director firstname.lastname@example.org
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION email@example.com 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.
Quorum March, 2017
“And a Little History Lesson”
By Susan Browne Rosenberg
Maintenance - Mechanics Liens
I’m Going to File a Mechanic’s Lien if You Don't Pay Me Now!
By Dan H. Stites, P.E.
It's Short Term Rental Season
Do You Know What Your Governing Documents Allow?
By Dea Franck, Esq. and Susan Hawks McClintic, Esq.
What Every Business Partner Needs to Know About Working with CAI-Coachella Valley Management Company Members
By Dea Franck, Esq.
February 10, 2017, Educational Lunch & Mini Trade Show
Short Term Rentals
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DEA FRANCK, ESQ., CHAIR Epsten Grinnell & Howell, APC RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc. PHYLLIS HARKINS, CMCA, AMS, CCAM-LS, CAMEX BOARD LIAISON The Management Trust - Palm Desert
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take that to the bank.
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Brendan Concannon Regional Account Executive 619-961-6346 Toll Free 866-800-4656, ext. 7480 firstname.lastname@example.org
CARI BURLEIGH The Management Trust - Palm Desert KIMBERLY BURNETT U. S. Security Associates ALAN J. CARNEGIE, ESQ. Daniels, Fine, Israel, Schonbuch & Lebovits, LLP ERIN FUJIOKA G4S Secure Solutions, USA
Member FDIC Equal Housing Lender
ANTOINETTE HAMILTON Suntrek Solar JENNIFER JAMES, ESQ. Law Office of Jennifer James ERIN KLINK Pacific Western Bank FRAN MULLAHY Vintage Associates, Inc. SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC STEVEN SHUEY, PCAM Personalized Property Management Co. DAN STITES CBCI Construction, Inc. TIFFANY WRIGHT, CCAM The Management Trust - Palm Desert
CREATIVE DIRECTOR & GRAPHIC DESIGNER RODNEY BISSELL Bissell Design Studios, Inc. email@example.com (714) 293-3749
The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in Quorum are subject to editing and rewriting by the Quorum Committee.
Quorum March, 2017
CONTENTS CHAPTER NEWS
CAI-CV Chapter New & Renewing Members
By Phyllis Harkins
Meet the Board
Gen Wangler, Esq., CCAL
By Phyllis Harkins
Chapter Upcoming Events
Fiore Racobs & Powers, A PLC
CAI Day at the Capitol Protect Your Community - Speak to Your Legislator
By Steven Shuey, PCAM, CCAM
Friends of the Desert Mountains
By Jess Rosenberg
Self Driving and Driverless Cars
By Antoinette Hamilton
Shetler Security Services By Tara Abakumoff
Conservation Message Remains After Wet Winter By Coachella Valley Water District and Desert Water Agency
FROM THE CHAPTER
President’s Message Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx The Management Trust – Palm Desert CAI-CV Chapter President
CA I - C V M I S S I O N S TAT E M E N T The mission of CAI-CV is to provide leadership for successful development and operation of community associations through information, research and education.
or those managers, volunteer board members and business partners reading this column, I send a message--- June 1st is soon here! The pace at which we move during the season amazes me. We can only hope that the pace we have in June is lighter than now. I guess time will tell, but for now, here is the CAI-CV schedule of events to help keep you energized, educated and elevated during this busy time of year. Our March 10 Educational Program and Mini Trade Show is our annual ASK THE ATTORNEY format. You won’t want to miss this exciting program at Sun City Palm Desert. On Friday, March 24, CAI-CV will host its first ever Educated Business Partner (EBP) educational event. CAI National recognizes business partners who complete this three-hour program with a special EBP distinction. CAI-CV will recognize business partners with a custom EBP logo in our printed directory and in Quorum beginning in April. Sign up for this course online at CAI-CV.ORG. On April 7, we will host a Manager on the Run (MOTR) program focused on financials with Keith L. Lavery, PCAM, from Associa Desert Resort Management. CAI-CV’s Board Leadership Development Workshop for community board members will take place on Friday, April 14, at The Classic Club. This day-long intense workshop for community board members is FREE thanks to the generous support of our sponsors. Managers, make sure you sign up your boards. On April 21, we will hold an Educational Lunch Program and Mini Trade Show with the topic of emergency preparedness. For those of you interested in the Legislative process, you won’t want to miss CAI’s Day at the Capitol with educational presentations on Sunday, April 23 and Legislative office visits on Monday, April 24. And, please join us for our annual Spring Golf Tournament at The Springs Country Club on Friday, April 28, 2017. Even if you aren’t a golfer, you are welcome to join us for a fun lunch and live auction. Tickets for golfers and lunch are available online at www.cai-cv.org. This is a REALLY fun event; a great way to relax on a Friday. Don’t worry about the cell phones because the messages will be there on Monday! In consideration that I am a 6th generation Irish immigrant, I send to each of you my Irish toast: Wishing you a rainbow for sunlight after showers; miles and miles of Irish smiles for golden happy hours; shamrocks at your doorway for luck and laughter too, and a host of friends that never ends, each day your whole life through. See you next month,
Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx General Manager, Portola Country Club The Management Trust - Palm Desert
energize educate elevate 8
Quorum March, 2017
CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.
CAI-CV Chapter New & Renewing Members RENEWING BUSINESS PARTNERS ASPHALT MD'S Elmer Merkovsky (760) 863-4500 MC PAINTING & CONSTRUCTION Ernest Casto II (760) 323-8010 firstname.lastname@example.org O'LINN SECURITY, INC. Kimberly O'Linn (760) 320-5303 email@example.com PALM SPRINGS REGIONAL ASSOCIATION OF REALTORS Karen Joy Tabbah (760) 320-6885 firstname.lastname@example.org SEPULVEDA CUSTOM PAINTING, INC. Antonio Sepulveda (760) 217-7816 email@example.com UNITED PAVING CO. Tracie Moran (714) 739-2200 firstname.lastname@example.org WESTERN PACIFIC ROOFING CORP. Debra Hall (760)416-5877 email@example.com NEW NATIONAL CORPORATE MEMBERSHIP SPERLONGA DATA & ANALYTICS Donny Disbro (949) 398-4322 firstname.lastname@example.org RENEWING NATIONAL CORPORATE MEMBERSHIPS ALLIANCE ASSOCIATION BANK Linda Cardoza (949) 554-5403 email@example.com ALLIED UNIVERSAL Tim Albert (951) 801-7300 firstname.lastname@example.org PPG PAINTS Lori Flores (714) 215-7212 email@example.com
RENEWING MANAGEMENT COMPANY MEMBERSHIP FIRSTSERVICE RESIDENTIAL Daniel Farrar (760) 834-2487 firstname.lastname@example.org NEW MANAGER MEMBERSHIPS ALBERT MANAGEMENT, INC Fabiana Spinelli (760) 774-4499 email@example.com ASSOCIA DESERT RESORT MANAGEMENT Kevin Camarillo (760) 610-7745 firstname.lastname@example.org RENEWING MANAGER MEMBERSHIP Alvin Hippe (760) 345-2637 email@example.com ASSOCIA DESERT RESORT MANAGEMENT Balvina Ramirez (760) 408-1036 firstname.lastname@example.org Dana Brown (760) 324-1873 email@example.com Carolyn Chesnut (760) 346-1161 firstname.lastname@example.org Gloria Kirkwood (760) 772-2092 email@example.com Jamie Circle (760) 777-8807 Ext. 2 firstname.lastname@example.org Julie Mogolis (760) 346-1161 email@example.com DESERT HORIZONS COUNTRY CLUB Kay Ladner (760) 771-0564 firstname.lastname@example.org
PORTOLA COUNTRY CLUB HOMEOWNERS ASSOCIATION Phyllis Harkins (760) 346-5481 email@example.com
MCDONNELL ROOFING, INC. Lauri Williams (714) 844-2814 firstname.lastname@example.org
PERSONALIZED PROPERTY MANAGEMENT CO. Shelly Ruegsegger (760) 325-9500 email@example.com PMI - COACHELLA VALLEY Kevin Crawford (442) 227-2030 Info@PMI-CV.com
NPG ASPHALT Sharon Nelson (951) 940-0200 firstname.lastname@example.org ROSEMAN & ASSOCIATES, APC Teresa Agnew (818) 380-6700 Ext. 107 email@example.com STEVEN G. SEGAL INSURANCE AGENCY, INC., FARMERS INSURANCE GROUP Steven Segal (800) 345-8866 firstname.lastname@example.org
THE SPRINGS COMMUNITY ASSOCIATION Kelly Roseman (760) 328-2131 email@example.com RENEWING MULTI-CHAPTER BUSINESS PARTNERS ADAMS STIRLING PROFESSIONAL LAW CORPORATION Maureen Davidson (310) 945-0280 firstname.lastname@example.org ALL COUNTIES FENCE AND SUPPLY Chris Barrett (951) 780-9300 email@example.com ANIMAL PEST MANAGEMENT SERVICES, INC. Dan Fox (909) 591-9551 firstname.lastname@example.org ARTISTIC MAINTENANCE, INC. Marlene Arredondo (949) 581-9817 email@example.com
NEW VOLUNTEER LEADERS CANYON ESTATES HOMEOWNERS ASSOCIATION Christopher Brodwell Nancy Burke Richard Jutchell Richard Lieberman James Machado Maureen Roman James Sizemore Jan Swallow FOXSTONE HOMEOWNERS ASSOCIATION Ricardo Espinoza Matthew Gutting Douglas Haynes Tiffany Norton Lester Novak PALAZZO SHADOW HILLS HOA Jay Kanner Cesar Martinez Reyes Roy Schaefer
CBCI CONSTRUCTION, INC. Jonathan Reeves (949) 542-7265 firstname.lastname@example.org
REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS
INDIAN RIDGE HOMEOWNER'S ASSOCIATION Erin Grossman (760) 722-7234 Ext. 227 email@example.com Inc.
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Roof System Maintenance
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760 813 9999 w w w . R A M R O O F. c o m CAI-CV.org
C OAC H E L L A VA L L E Y C H A P T E R
A SS O C I AT I O N S I N ST I T U T E
“And a Little History Lesson” By Susan Browne Rosenberg, CIH, CIEC, CHMM
Quorum March, 2017
anning Estates, located just above the Coachella Valley in the small town of Banning, is managed by The Management Trust. For those of you new to the area, Banning is a city in Riverside County with a population of about 30,000. It is situated in the San Gorgonio Pass, also known as Banning Pass. It is named for Phineas Banning, stagecoach line owner and the "Father of the Port of Los Angeles." Banning has a western neighbor, the city of Beaumont, which shares geographic and regional features. Banning and Beaumont have been rapidly growing in size and population since the 1990s. Both cities are about 80 miles east of downtown Los Angeles and 30 miles west of Palm Springs, each connected by the I-10 freeway and the railroad. Up to the mid-19th century, this area was inhabited by the Cahuilla people, though the region around Banning was originally Maringayam (Serrano), and the Cahuilla expanded into the pass only in historic times. In 1824, it became part of the Mission San Gabriel Archangel and then the Rancho San Gorgonio. The first Anglo to settle in the area was Dr. Isaac Smith in 1853. In 1863 a smallpox epidemic further diminished the Cahuilla. The government created Indian reservations for the Cahuilla in 1877. The development of the settlement that was to become Banning coincided with the start of the Colorado River Gold Rush. The Bradshaw Trail was a wagon road to the gold boomtowns of Arizona Territory that passed through the area in 1862. Gilman's Ranch north of downtown served as a station for the stagecoach lines on this road. The railroad followed, passing through the town in 1876. The Southern Pacific (later purchased by Union Pacific) railroad was a major contributor to the area's growth. U.S. Route 99 was built in 1923, followed by U.S. Route 60/70 in 1936, and subsequently Interstate 10. During World War II, Banning was the site of the 1,000-bed Banning General Hospital. It supported training at the Desert Training Center and was later used as a naval convalescent hospital. The facilities were dismantled in 1948. Banning Estates was built by Pullium Properties in 1980. The 198 homes there are single to triple wide manufactured buildings. They share the location with Mountain Springs Mobile Home Park. Monthly assessments of $120 include use and maintenance of the pool, spa, gym, clubhouse, cable/ internet/WiFi with Spectrum. A tennis court and pickle ball court belonging to its neighbor “Mountain Springs” are shared with the community. There is no water conservation issue currently as the City of Banning owns its own water wells. Shawnna Carr, Community Association Manager, has this to say,“Banning Estates is a tight-knit 55 and older community with a very active Board that looks out for the best interests of the community. More importantly, the Social Committee provides on-going events throughout the year to promote homeowner interaction. As a 198 unit age restricted community, Banning Estates’ distinction is the boundless energy CAI-CV.org
FEATURE and participation by the homeowners within the community.” There are five Board of Directors including Kate Murphy, who contributed to this article and is an active CAI member. The Social Committee meets monthly to plan events for the community. The “We Care” Committee meets monthly to discuss needs of B.E. residents who are ill, hospitalized or living in nursing homes. This committee provides wheelchairs, walkers, potty and shower chairs to B.E. residents. The Neighborhood Watch Committee also meets monthly with volunteers who canvas the park at various hours of the day/night. Although not “real famous,” Ms. Murphy told us that Walle Larsson, Jazz Musician and his wife, JoAnn live in Banning Estates when they are not residing in their other home in Canada. Walle has several CD's and can be viewed on YouTube or his own website at http://www.wallelarsson.com. The Communications Committee is responsible for calling B.E. residents to notify them of water shut-off or other emergency situations. The Finance Committee reviews contracts, financial records and makes suggestions of expenditures. The Architectural Committee reviews and approves/disapproves homeowner requests for paint, landscape, etc. They also have a Greeter and Newsletter Editor. What do the homeowners like best about the HOA? Kate Murphy replied “Our friendly, caring residents who look out for each other.” The community is centrally located within walking distance of a shopping center including Rio Ranch Market, Dollar Tree, a beauty salon, nail salon and auto parts shop. A large WalMart is a short drive away and there are many choices for restaurants in the area. More stores and shopping are expected soon. Banning Estates uses two CAI Business Partners: Artistic Maintenance for their landscaping needs and Roseman & Associates for legal representation. Susan Browne Rosenberg, CIH, CIEC, CHMM, and CAI EBP, is president and co-owner of Desert Cities Indoor Air, LLC in Palm Desert, CA. Her company assists HOAs in assessing the extent of water damage and mold contamination. She can be reached at 760-902-2545 or firstname.lastname@example.org.
Quorum March, 2017
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Quorum March, 2017
2017 PLATINUM SPONSOR SPOTLIGHT
The Recognized Authority in Community Association Law Fiore Racobs & Powers is a pioneer in residential and commercial community association law in Southern California. Since opening its doors in April 1973, Fiore Racobs & Powers has expanded to three offices, located in the Coachella Valley, the Inland Empire and Orange County. Our Firm was founded on the core value of people making a difference through the practice of law. We are dedicated to the success of community associations through the practice of law, the education of our clients and industry professionals, and the advancement of public policy. Our practice areas include: CC&R, Rule and Architectural Enforcement Litigation Governing Document Amendment Appeals Elections/Recalls Contract Review and Preparation Legal Opinions Small Claims Assistance Assessment Collection Margaret "Gen" Wangler, Esq., opened the Firm's Coachella Valley office in 1992. She is the Senior Shareholder and Senior Supervising Attorney for the Coachella Valley office, and has been an active member of CAI for over twenty years. Gen serves on the Chapter's Board of Directors and Executive Committee as President Elect and is the Board Liaison for the CLAC Local Support Committee. She has served as chair of the Education Committee and on the Quorum Committee. Julie R. Balbini, Esq., joined the Firm in October 2016 and works in the Coachella Valley office. She has practiced law in the Valley since 2002, and is enjoying the challenge of representing community associations. Julie is already active in the Chapter and is a member of the Programs Committee. A highlight in the Firm's history was Gen's representation of the plaintiff in Villa De Las Palmas Homeowners Association v. Terifaj from trial to the California Supreme Court. In that case, the Palm Springs association sought to enforce its long standing rule against pets. After initiating the litigation, the members of the association approved an amended and restated declaration of covenants, conditions and restrictions that included a "no pets" restriction. The association prevailed at trial and in the Court of Appeal. The California Supreme Court then took up the case and made the landmark ruling that restrictions added to an association's recorded declaration are entitled to the same presumption of reasonableness as the restrictions in the original declaration. The Firm's relationship with CAI began in the early 1980s. CAI was one of the few organizations that promoted education for community associations and the professionals who support them. The Firm recognized the importance of education to both the industry and legislators in Sacramento. The Firm's founder and President, Richard S. Fiore, played a major role in forming the California Legislative Action Committee ("CLAC") in the 1980's and served as Chair from 1991-1994, during its pivotal growth years. John R. MacDowell of the Firm's Irvine office is the current Chair of CLAC. The Firm continues to be active in promoting the industry's objectives in the legislative arena. Fiore Racobs & Powers looks forward to continuing its close relationship with CAI as part of its commitment to making a difference through the practice of law.
Thank you to Fiore Racobs & Powers for their generous support of CAI-CV! CAI-CV.org
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Quorum March, 2017
Maintenance - Mechanics Liens I’M GOING TO FILE A MECHANIC’S LIEN IF YOU DON’T PAY ME NOW! By Dan H. Stites, P.E. "… if we are diligent, patient, and "turn the light on," the Mechanics Lien Monster is not nearly as horrible as we had envisioned."
'm going to file a mechanic's lien if you don't pay me now! These are words that any HOA Board or Community Manager fears. A Mechanic’s Lien can cloud the title on all common area property and, if the contractor really wants to play hard ball, every residence, essentially preventing the closure of any real estate sales within a community. Talk about unhappy homeowners! Because of this, the simple threat of a lien is used by some impolite contractors as a form of "extortion" to extract payment for work that is not due! I recently saw a contractor threaten to lien property and get overpaid immediately for work that was not completed, not inspected or approved by the owner, and payment was not yet due per the contract. On the other hand, I have seen the threat of a lien "incentivize" an owner to pay monies that were long past due. As with most "monsters," however, if you turn the lights on, the threat is not as great as you might have imagined. Before we start dissecting the monster, I need to say that I am not an attorney, but am speaking from general
experience gained over 35 years of managing reconstruction projects. As such, my advice is general in nature and should not be followed as "legal advice." I strongly advise you to consult with a qualified attorney if you encounter any of the issues discussed in this article.
What is the Lien Law all about? The California Mechanic’s Lien Law was put into place to ensure that contractors (and other labor and/or material suppliers) who make improvements to real property are paid for their material or services. If they diligently follow the procedures, they can file a lien, foreclose on the lien, and force the sale of the property to satisfy the debt. These are the steps that they must take: 1. If they are a subcontractor or supplier (their contract is with the Prime Contractor, not directly with the Owner), they must file a Preliminary Lien Notice with the Owner within 20 days of supplying labor or material for the job. This simply puts the Owner on notice that they are supplying labor and/ or materials for their project and, if
the Prime Contractor does not pay them, they can collect the money directly from the Owner, even if the Owner has paid the Prime Contractor in full! If the supplier misses the 20 day timeframe, the lien only applies to material or labor provided within the preceding 20 days.
2. Prime Contractors are only required to file a Preliminary Notice with the Construction Lender if one is involved. As with suppliers, if the Prime Contractor misses the 20 day timeframe, the lien only applies to material or labor provided within the preceding 20 days. The Prime Contractor is not required to file a Preliminary Notice with the Owner.
3. If suppliers are not paid in a timely manner, they must file a Mechanic’s Lien within 90 days of the completion of their work or 30 days from the filing of a Notice of Completion or Cessation if these notices are filed for the project. A Prime Contractor (their contract is directly with the Owner) must file a Mechanic’s Lien within 90 days
FEATURE of completion of their work or 60 days from the filing of the Notice of Completion or Cessation, if used.
releases that are required precedent to payment. Again, consult with your attorney.
1. DON’T PANIC AND PAY WHATEVER
4. Both Prime Contractors and
3. Upon completion of a project
2. Make sure that the supplier actually
Suppliers must file suit to "foreclose" or "perfect" the lien within 90 days of filing the Mechanic’s Lien.
and prior to final payment to the Prime Contractor, request Unconditional Releases from the Prime Contractor’s subcontractors and suppliers. This is "belts and suspenders" as it relates to a Mechanic’s Lien if the subtier suppliers have not filed the Preliminar y Lien Notices in accordance with the law. But subtier suppliers have other courses of action beyond their lien rights if they have not been fully paid.
provided labor and/or materials for your project. I have seen many situations where suppliers have mistakenly filed liens on the wrong property!
5. They must prove that they supplied the labor and/or material in a way that satisfied their contractual obligations and that they are legitimately owed the money they are demanding.
6. Once the lien is perfected, the Supplier can force the sale of the property and use the proceeds to satisfy the debt.
As an HOA Board, how do we protect ourselves from Mechanics Liens? First and foremost, know your Prime Contractor! Any long standing, reputable reconstruction contractor will have core subcontractors and suppliers with whom they have established relationships based on integrity and trust. Prompt payment of supplier invoices will be a cornerstone of those relationships. That said, there are still steps you can take to protect yourself: 1. If a supplier has sent a Preliminary Lien Notice, then demand a signed release from that supplier before you pay the Prime Contractor regardless of your relationship with the Prime. Be aware that there are multiple types of Lien Releases depending upon the stage of the project. Some are "conditional" and some are "unconditional." Consult with your friendly attorney to make sure you are receiving the appropriate releases.
2. W hile Prime Contractors are generally not required to identify suppliers or subcontractors, it is not a bad idea to ask. Some contracts will mandate that suppliers and subcontractors be identified and may stipulate the types and timing of 18
Quorum March, 2017
I think that it bears repeating that the best protection against Mechanic’s Liens
(and a multitude of other nightmares) is to work with Prime Contractors that you know and trust. CAI Business Partners could be a good starting point.
What do I do if a contractor or supplier threatens to file a lien? First of all, recognize that anyone can file a Mechanics Lien on any property at any time. I can personally pick some home at random and go to the County Clerk’s office and file a Mechanics Lien this afternoon. There may be consequences to such an action but the message is that you need to determine if there is a legitimate cause for the lien to be filed and if all the procedures have been followed to allow foreclosure of the lien:
THE SUPPLIER IS DEMANDING JUST TO AVOID THE THREAT!
3. Determine if the supplier filed a Preliminary Notice with you within the statutory time frame. If not, they have likely lost their lien rights and cannot perfect the lien or, at worst, are only entitled to services or products provided in the 20 days preceding filing of the Preliminary Notice.
4. Talk with the Prime Contractor and with the supplier to understand the reason for non-payment. The supplier may not actually be owed the monies in which case the lien cannot be foreclosed. If the monies are legitimately owed to the subcontractor, "encourage" your Prime Contractor to resolve the issue immediately. At a minimum, do not make additional payments to the Prime Contractor until the lien issue is resolved. Many contracts require that the Prime Contractor cause any liens to be removed within a specified timeframe.
What happens if the contractor or supplier actually does file the lien?
1. DON’T PANIC AND PAY WHATEVER THE SUPPLIER IS DEMANDING JUST TO GET THE LIEN RELEASED! (Sound familiar?)
2. If you have not already done so, get your attorney involved.
3. In consultation with your attorney, determine if the lien is legitimate and if it can likely be perfected. If so, you may be going down a litigious path involving your Prime Contractor and Supplier although, based on my experience, this is an extreme rarity in the CID marketplace.
FEATURE 4. NO ACTION may be the best course of action if the lien has imperfections: a. Supplier did not provide labor or materials on your project b. P reliminary Notice was not filed in a timely manner c. Monies are not legitimately due to the Supplier (overcharged, work not complete, etc.) d. L ien was not filed in a timely manner e. Lien improperly filed (incorrect address, owner, description, etc.) f. Other flaws that your attorney may identify.
5. If the NO ACTION course of action is taken, it probably means that the supplier also is aware of the lien imperfections and may follow the same "course of no action" hoping that the owner will "cave and pay." As noted above, the Supplier has 90 days in which to file the action to foreclose on the lien. If he does not, the lien expires and the issue goes away. This tends to be the norm when the Supplier is using the lien as a form of extortion. The NO ACTION course of action takes patience and resolve. Unless the Supplier can be convinced to remove the lien, title will be clouded on the subject property until the timeframe expires for filing of the suit to foreclose, even if the lien is defective. Your attorney may need to explain to the Supplier that they may be liable for damages caused by their defective lien. Your attorney may also advise you to take pre-emptive legal action to remove the lien. However, the involvement of an attorney and clarifying for the Supplier why their lien is defective generally causes them to remove the lien and either settle or take another course of action. If the Supplier agrees to "drop the lien," ask for proof that they actually did remove the lien. Even with defective liens, only the party filing the lien can voluntarily remove it.
In closing, there are just a few simple guidelines for avoiding and navigating the hazards of a Mechanics Lien. • Work with Prime Contractors that you know and trust
• It has been my experience that the most common outcome of the Mechanics Lien route is a negotiated settlement.
• Demand releases from subcontractors/vendors who have filed Preliminary Lien Notices before paying your Prime Contractor
So, if we are diligent, patient, and "turn the light on," the Mechanics Lien Monster is not nearly as horrible as you may have envisioned.
• Demand releases from ALL subcontractors/vendors who provide materials or services on your project before making final payment to your Prime Contractor whether or not they filed Preliminary Notices • If a subcontractor/vendor threatens to file a lien, conduct your due diligence to determine the legitimacy of the lien. DON’T PANIC AND PAY! • Work with your Prime Contractor to get the lien issue resolved. It is his non-payment that gave rise to the lien issue. CAI-CV.org
• If a lien is filed, get your attorney involved if you have not already done so. DON’T PANIC AND PAY! Often, the best course of action is no action!
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. Dan can be reached at firstname.lastname@example.org.
Short Term Rentals February 10th CAI-CV Lunch Program & Mini Trade Show
Quorum March, 2017
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CAI Day at the Capitol Protect Your Community Speak to Your Legislator By Steven Shuey, PCAM, CCAM
ll year long our legislators in California are working in an effort to protect the citizens by proposing new laws. Sometimes the laws they create are helpful and sometimes they do more harm than good. A number of the proposed laws in 2017 will impact the lifestyle of residents within common interest developments (CIDs). That is where our CAI California Legislative Action Committee (CLAC) comes in to help. CLAC was formed to help protect communities and the individualized lifestyles communities choose to have. This protection comes in the form of supporting proposed laws that will help communities, and fighting against those proposed laws that could potentially harm associations. In order to accomplish this, CLAC reviews the proposed laws (known as Assembly bills or Senate bills). Once a year the California Legislative Action Committee travels to Sacramento to make our voice heard to the legislators. We believe that the voice of CAI committee members is not enoughâ€Ś that is where you (the reader of this article) comes in. CLAC needs you to help deliver the message, that is, to give strength to the voice of community associations throughout the state. Does that interest you? This year the CAI Day at the Capitol is set for Monday, April 24. CLAC plans educational sessions on Sunday for homeowners who come to Sacramento to lend their voices on association issues. On Monday, we go to the Capitol and meet with Legislators to educate them about CID issues. I encourage you to help make your community a better place to live. Plan to join CLAC in Sacramento on Sunday and Monday, April 23 & 24, 2017. The host activities are held at the Hyatt Regency Sacramento, right across the street from the Capitol Building. Rooms are blocked for CAICLAC at a special discount. For more information visit www.caiclac.com on the web or call our local office of CAI at (760) 341-0559. Steven Shuey, PCAM, CCAM, is a certified professional community association manager. He serves on the National Faculty of CAI and is a past board member of the APCM. He is a community association consultant with Personalized Property Management here in the Coachella Valley. This year he was awarded the lifetime achievement award from CAI-CV. He may be contacted at IslandMgr@aol.com. You can follow him on Twitter (www.twitter.com/@IslandMgr)
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It’s Short Term Rental Season Do You Know What Your Governing Documents Allow? By Dea Franck, Esq. and Susan Hawks McClintic, Esq.
ttorneys Susan Hawks McClintic and Dea Franck from the law firm of Epsten Grinnell & Howell, APC presented “What You Need to Know About Short Term Rentals” at CAI-CV’s February 10, 2017 Educational Program Luncheon and Mini Trade Show. The following is a summary of the portion of their presentation regarding what to consider about short term rentals and your community association’s governing documents.
DO YOU KNOW YOUR COMMUNITY AND WHAT IT WANTS? The Los Angeles Times reported in “Coachella by the numbers: a breakdown of the festival's $700-million impact” (April 22, 2016) that an estimated 9,000 renters were expected to stay in Airbnb homes during the 2016 Coachella and Stagecoach Music Festivals, which was double the amount of people from 2015. Consequently, real estate sales outlets are marketing to investment home buyers the profitability of renting out their residences as short term rental properties. Promotions include the lucrative rental income possibilities during the Coachella Valley festival season. And more and more of those investment home buyers are purchasing real estate here for the very purpose of increasing income by renting out their residences as short term rental properties. An impact 24
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of this trend is that long term single family rental properties are becoming more and more scarce. As these music festivals and other events grow in popularity and frequency and the market of available short term rental properties increases, the frequency and variety of issues/ problems for local community associations related to short term rentals will surge. Consequently, the time is now for Coachella Valley community associations to “take the temperature” of their community to determine whether prohibiting or allowing short term rentals is in the best interests of their community as a whole. Some fundamental questions to ask to arrive at an answer are: What is the make-up of the membership in the community? – Long term residents, Snowbirds, Rentalpreneurs? What are the common complaints the board of directors or the community manager are hearing from your membership? What do the majority of the homeowners in the community want? Once the will of the community is known, the next step is to review the association’s governing documents to confirm that the language in these documents gives the community the ability to effectuate the community’s goals regarding short term rentals. No matter whether the community wants to eliminate, restrict, or allow short term
rentals, the governing documents should at a minimum contain language which gives the association the needed tools to lessen any negative impacts of short term rentals upon the community. If your own association’s governing documents are lacking in this department it may be time to amend them.
DO YOUR CC&RS ALLOW, PROHIBIT OR RESTRICT SHORT TERM RENTALS? Community associations need the authority to allow, restrict, or prohibit short term rentals. The document which grants the association this authority is the CC&Rs. CC&Rs can allow short term rentals either by express language or silence. Conversely, prohibitions or restrictions of short term rentals must be expressly written into the CC&Rs. Unfortunately, not all CC&Rs contain clear, express language (i.e. “no owner shall rent their unit/lot/dwelling for less than thirty (30) consecutive days). Most commonly associations are forced to rely on older documents containing broad prohibitions such as “each separate interest shall be used for residential purposes only” or “the separate interests shall not be used for transient or hotel occupancy purposes.” But what does “residential purposes” or “transient or hotel occupancy purposes” mean? The first place to look for a definition is the
FEATURE rules and regulations. If the rules and regulations fail to offer any guidance, the association can adopt a rule that provides a definition. Another option is to define what a transient use is or what a residential purpose isn’t by looking at the city’s municipal code regarding short term rentals and occupancy. A strong argument can be made that if a homeowner needs to obtain a business license or permit from the city and/or pay transient occupancy tax to the city, then the residence is not being used for a residential purpose and is actually being used in a manner that is akin to a hotel or business use.
DO YOUR CC&RS HAVE SUFFICIENT NUISANCE PROVISIONS? Nuisance and/or harassment CC&Rs provisions are important tools an association has to lessen the negative impacts short term rentals can have in a community. Be sure, however, that the language of these provisions is broad enough to cover those impacts. To make this determination you need to examine the typical issues/problems your association experiences with short term rentals. For example, noise complaints, trash issues, or trespassing problems. Next, does the language of your CC&Rs nuisance and harassment provisions cast a wide enough net to cover these common complaints? If the answer is “no,” then amending your nuisance and/or harassment provisions is in order. An example of a broad nuisance provision is: “No one may engage in any type of harassment, illegal, noxious or offensive activity towards any owners, residents, association representatives,
management representative, board members and/or vendors working in the community.”
DOES YOUR FINE SCHEDULE CONTAIN APPROPRIATE FINE AMOUNTS?
DO YOU KNOW YOUR RULES AND REGULATIONS?
Are the fine amounts in your fine schedule high enough to deter behavior that would violate the short term rental restrictions/prohibitions? Remember that fines should be used as a deterrent rather punitively. The purpose of fines is not to make money for the association. However, to be a deterrent the fine amounts must be reasonably high because if the fine amounts are too low, then a landlord homeowner will consider the payment of a fine as the cost of doing business. So what fine amount is high enough to be considered reasonable, yet also be an effective deterrent? A strong argument can be made to support the idea that the fine amount should be the equivalent amount a homeowner would have received if they rented out their house in violation of the prohibition or restriction. A deterrent is something that discourages or restrains someone from acting. If a fine would prohibit an owner from making any sort of profit from renting out their home in violation of the governing documents, that is a great deterrent. Consequently, if a homeowner can rent out their house during Coachella for $5,000 a weekend, then the association should consider writing into its fine schedule language that states “a violation of the short term rental prohibition [or restriction] may result in a fine of up to $5,000 per violation.”
If your CC&Rs do not outright prohibit short term rentals, but rather allow them with or without restrictions , then your association needs to determine whether it should adopt rules to further regulate them. However, there is a caveat. Rules and regulations do not have the same presumption of reasonableness that is accorded to recorded covenants. You are probably thinking, “Ok, so what?” If rules and regulations are unreasonable that means they are not valid and, therefore, unenforceable. In order to have a chance of overcoming judicial challenge, the association must adopt rules that are reasonable and not arbitrary and capricious. What is “reasonable” you ask? Who knows? We do know what is considered “unreasonable.” A rule is unreasonable if it is (1) wholly arbitrary; (2) a violation of fundamental public policy; and (3) imposes a burden on the use of the affected land that far outweighs the benefit. Sui v. Price (2011) 196 CA4th 933. Besides making sure that the rules and regulations you adopt are reasonable, you also need to make sure that the CC&Rs give the association the authority to implement rules over the entire community and not just the common area. If your association’s CC&Rs contain limited rule making authority, any rule the association adopts regulating an owner’s use of their residence will be unenforceable.
DO YOUR RULES AND REGULATIONS HAVE ADEQUATE LEASE AND LEASING REQUIREMENTS? If your governing documents allow or even restrict short term rentals, then it may be helpful for your association’s rules to have lease and leasing requirements. These requirements provide the association the information it needs from the landlord homeowners regarding their tenants to be able to enforce its governing documents and protect the interests of the other residents.
Some lease and leasing requirements include: • Lease agreement must be in writing • The landlord homeowner must notify the association of the following information in writing at least a certain number of days before the lease begins: o The names and contact information of all tenants o The make, model and license plate number of all tenants’ vehicles • Copies of the lease must be provided to the association • The association must be provided with the address and telephone number where the landlord homeowner can be reached • Landlord must provide tenants with copies of the governing documents 26
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DO YOUR GOVERNING DOCUMENTS PROHIBIT THE ADVERTISING OF SHORT TERM RENTALS? Does your association want to prohibit homeowners from advertising their homes as short term rentals? Know that unless your governing documents specifically state that short term rental advertising is a violation of the governing documents, then advertising is only circumstantial evidence of a violation. Having a specific fine amount for violating the advertisement prohibition that is high enough to deter homeowner landlords from violating this prohibition is also prudent. Keep in mind that prohibiting advertising can be an administrative burden as it takes time for community managers to monitor the many various rental websites. However, an association can always request that other homeowners help monitor these websites if they so choose as long as the homeowner can send screen shots or print outs of the prohibited advertisement to the association.
DO YOUR RULES AND REGULATIONS SUFFICIENTLY ADDRESS PARKING ISSUES? Does your association have parking issues during the festivals? If the answer is “yes,” then your association may want to consider implementing parking restrictions/prohibitions in an effort to combat those issues. Just remember that the parking restrictions/ prohibitions must apply to all residents
in the community equally and not just the homeowners who are renting their homes out to short term renters. For example, if your community experiences increased traffic congestion and disruptive, late night noise during the music festivals, then adopting a rule which prohibits all parking on the community streets during the music festivals may be in order. The issues that come with having short term rentals in one’s community are not going away any time soon. Association communities will to continue to have to grapple with the problems that short term rentals bring. However, if your association is pro-active in making sure that the governing documents contain the appropriate definitions, restrictions and requirements, your association should have the tools it needs to address most problems that accompany short term rentals. Susan M. Hawks McClintic, Esq. is Co-Managing Shareholder at Epsten Grinnell & Howell, APC. Sue joined the firm in 1990. During her more than twenty year career in community association law, she has developed a special expertise in document interpretation, amendments, and restatements and annually educates hundreds of clients on new laws affecting Common Interest Developments. She may be contacted at 858-527-0111 and SMcClintic@epsten. com. Dea Franck is an attorney in Epsten Grinnell & Howell, APC’s Indian Wells office. With offices in the Coachella Valley, San Diego and the Inland Empire, Epsten Grinnell & Howell provides common interest developments with corporate counsel, assessment recovery services, construction defect and other civil litigation counsel, interpretation of fair housing issues and alternative dispute resolution assistance. You can reach Dea at email@example.com or (760) 836-1036.
ATTENTION CAI-CV BUSINESS PARTNERS GET CAI’s EDUCATED BUSINESS PARTNER (EBP) DISTINCTION The Business Partner Essentials is a twopart, online course to help CAI-member product and service providers better understand CAI, community associations and the industry at large. Individuals who pass the course and maintain CAI membership earn the CAI Educated Business Partner distinction, gaining special recognition among thousands of companies and professionals who support commoninterest communities—accountants, attorneys, bankers, insurance professionals, landscapers, painters, reserve specialists, software providers and many others. Business Partners are indispensable to the community associations they support with their guidance, products and services. CAI education helps these businesses and professionals differentiate themselves in the competitive community association industry.
CAI-CV’s Business Partner Committee is hosting the Business Partner Essentials WHEN: Friday, March 24, 2017 9:00 a.m. to 2:00 p.m. WHERE: The Classic Club COST: $75 – Includes CAI National course CAI National test & distinction Continental Breakfast and Lunch • You will get to use this special EBP LOGO on your business cards. • The EBP Logo will be placed next to your name in the CAI-CV printed directory. • You will be listed every month in Quorum Magazine. • You will be listed with other EBPs on the CAI National Website and you will be listed on CAI-CV’s website.
SIGN UP ONLINE AT WWW.CAI-CV.ORG! LIMITED SPACE
Kristin Berryhill-Hood By Phyllis Harkins
Sometimes in our industry, there are quiet people who, year in and year out, represent us in the best way possible; they are not only the people who do things right, they are also the people who do the right thing. One of these quiet people is Kristin Berryhill-Hood. Kristin has served homeowner associations in the Coachella Valley for 23 years, both as a portfolio manager and, for the last five years, as onsite general manager of Rancho Las Palmas Homeowner Association, managed by Associa Desert Resort Management. As many readers know, Kristin has a long-time love of horses; ask her a horse question, and she is animated in telling a recent “horse tale.” When not horseback riding, she enjoys Nascar racing and planning events. Now that her daughter is married, Kristin and her husband are enjoying their “empty nester time,” and in this interview, she noted that she is hopeful for grandchildren in the future; so for now, their pets are their grandkids. Kristin has a penchant for holiday collectibles;
she has a very extensive snowman collection that she proudly shows in photos when asked. She enjoys country music and commented that if she had not worked in the HOA industry, she would have been a music teacher. In addition to her past service on the CAI-CV board of directors, Kristin has served on CLAC, Casino, Country Western, Business Partners, Programs, and Summer Sizzler Committees. Her most notable committee service has been, for many years, on the Awards committee. She has focused on having the best events possible to honor our Chapter members, and this year’s event was no exception, with many positive comments from the attendees. Kristin obtained her CCAM certification 15 years ago. She credits Jerry Cavoretto and Peggy Redmon as people who have encouraged and mentored her during her career. Kristin’s favorite saying of — “We would accomplish many more things if we didn’t think of them as impossible”— certainly speaks to her longevity and success in the homeowner association industry. Kristin, thank you for your years of service to our Chapter; it is an honor to share your story. CAI-CV.org
What Every Business Partner Needs to Know About Working with CAI-Coachella Valley Management Company Members By Dea Franck, Esq., Epsten Grinnell & Howell, APC
MANAGEMENT COMPANIES (in alphabetical order)
How do potential business partners gain access to your company’s managers and associations? In other words, who is your “go to” person? How do they prefer to be contacted?
Do you allow lunch/ breakfast & learns?
Do you allow businesses to cold call your company?
Do you have a preferred vendor program?
Do you have minimum requirements for vendors, e.g. professional certifications, licenses, insurance, etc.?
Albert Management, Inc. P.O. Box 12920, Palm Desert, CA 92255 760-346-9000 fax 760-346-9997 www.albertmgt.com
Primary Contact: Gerard Gonzales firstname.lastname@example.org Business partners gain access to our company by filling out our online vendor packet and by networking with us through industry related organizations like CAI.
Yes; but it is important that there is an educational component for our managers. We also prefer Breakfast & Learns.
Cold calls are not effective. The best approach is to fill out a vendor packet online and reach out to the vendor point of contact.
Associa Desert Resort Management 42635 Melanie Place, Suite 103, Palm Desert, CA 92211 760-346-1162 fax 760-346-9918 www.drminternet.com
Primary Contacts: Paula Tapia Director of Business Development email@example.com Rhonda Drews, PCAM Senior Vice President, Operations firstname.lastname@example.org
Yes; they must be scheduled with Director of Business Development.
We prefer scheduled meetings with Director of Business Development.
No; but vendors must pass a third-party compliance process and there is a fee.
Karen Tillotson District Manager Karen.email@example.com .
Yes; we welcome the opportunity.
Yes; but we prefer arranged meetings.
Yes; vendors must be vetted by Business Credentialing Services.
Yes; all vendors must have the proper licensing and insurance.
Yes; breakfast & learns – educational opportunity for managers conducted at weekly staff meetings.
Yes; call the receptionist or leave a business card.
Yes; vendors with track record and that have passed third-party compliance process (fee) may be listed on web-site.
Yes; schedule ahead and include education.
Prefers scheduled meetings.
We prefer that vendors schedule appointments before stopping by our office.
No; we do not have a preferred vendor program We use vendors that have been as all vendors should have vetted prior to bidding. an equal opportunity once they are vetted.
We prefer meetings with individual managers.
No; we request that Business Partners make an appointment.
Yes. It is operated by Desert Locals Choice with a performance guarantee. Fee charged for an add.
Yes. Business Partners must also be qualified through our vendor program.
Lisa Glogow Director of Community Management firstname.lastname@example.org
Prefer scheduled appointments.
No; business partners must complete third party compliance program.
Yes; third party vendor compliance program.
Yes; they should be scheduled with the Division’s Executive Assistant.
Yes. There is also a fee.
When time allows.
We don’t prevent it.
Required licenses based on field of work, proper insurance including workers comp, GL.
Yes; lunch & learns.
FirstService Residential 43100 Cook Street, Suite 103, Palm Desert, CA 92211 760-834-2496 fax 760-834-2495 www.fsresidential.com Gold Coast Community Management 43100 Cook Street, Suite 103, Palm Desert, CA 92211 800-521-4107 fax 760-834-2495 www.goldcoastent.com J & W Management Company P. O. Box 1398 Palm Desert, CA 92261 760-568-0349 Millennium Community Management 75145 St. Charles Place, Suite 3, Palm Desert, CA 92211 760-834-8948 www.mcmiskey.com Personalized Property Management 68950 Adelina Road, Cathedral City, CA 92234 760-325-9500 fax 760-325-9300 www.ppminternet.com Powerstone Property Management 77711 Flora Road, Suite 103, Palm Desert, CA 92211 760-469-4315 fax 949-716-3999 www.powerstonepm.com The Management Trust, Desert Division 39755 Berkey Drive, Suite A, Palm Desert, CA 92211 760-862-6331 fax 760-776-5111 www.managementtrust.com VintageGroup 30212 Tomas, Suite 355 Rancho Santa Margarita, CA 92688 949-667-9805 fax 800-996-3051 www.vintagegroupre.com Whitestar Management 71687 Highway 111, Suite 102 Rancho Mirage, CA 92270 760-773-0123 fax 760-773-5432 www.whitestarmgmt.com
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Janet Walley email@example.com
Primary Contact: Jim McPherson firstname.lastname@example.org
Primary Contact: Nancy Stegehuis email@example.com
Primary Contact: Steven Shuey, PCAM firstname.lastname@example.org
Kari Martin, CCAM Kari.Martin@managementtrust.com
Primary Contact: Arielle Marion email@example.com
Primary Contact: Patrick Belous, CMCA firstname.lastname@example.org
usiness Partners often ask how best to work with CAI-CV management company members. The Quorum Committee reached out to all of the CAI-CV management company members and asked some questions that every Business Partner would love to ask. Our sincere thanks to the management company members who agreed to participate and share their insights. We encourage our Business Partners to use this information professionally and to always keep in mind that all business is based on relationships. However, the information contained in this article is a wonderful way to begin the process of building those relationships.
Who makes the final decisions When going out to bid, do you only What is your company’s review about vendors recommended include vendors you have a relationship process for RFPs to ensure information to an association board? A with or those vendors that have been from various vendors’ proposals can management company executive? vetted by your company in some way? be looked at “apples to apples?” The association’s manager?
Do you require references?
Do you encourage your associations to go out for bid even if they have a solid relationship with a vendor?
What are your rules regarding managers accepting gifts from vendors?
Do you use the CAI-CV Directory to find vendors?
The vendor may have a relationship with us or the HOA board, but all vendors must be vetted with the minimum requirements.
The review process is managed by the HOA manager and in some cases senior executive team members to ensure proposals are thorough and consistent.
The HOA manager and the HOA Board of Directors.
We adhere to industry specific guidelines and company policy.
Yes; but only those that pass the compliance process.
Yes; our managers often put together a side-by-side spreadsheet.
Our managers and their HOA Boards.
We follow CAI’s Ethics and Professional Duty Guidelines; however, gifts are discouraged unless it’s something that all of our staff can enjoy such as food.
We look to hire the most qualified vendors for the needs of our clients. Before being hired, all vendors must pass the requirements established by FirstService Residential.
Community and District managers review any RFPs prior to them being distributed to vendors.
The association’s manager.
It depends on the level of satisfaction the board has with a vendor and the willingness of the board to seek new proposals.
Our policy allows for nominal gifts, i.e. the value of the gift cannot exceed $200.
Yes; vendors must pass the compliance process.
Yes; both the Community Managers and upper management supporting the managers. Specifications are developed from industry experts.
Managers & Board of Directors – Managers prepare a matrix of all the bids for the Board to review.
Periodically yes; may not be every year.
Follows CAI Ethics & Professional Duty guidelines; gifts are discouraged unless it’s something all staff can enjoy such as food.
Yes; especially for newer managers.
Board with recommendation from Manager.
Decided by Manager and Board.
While, we typically use vendors we have a relationship with and/or have been vetted by our company, we do use vendors we do not have a relationship with if they have been referred to us by others or come with a new client that was previously vetted by the board.
If the job is significant then RFPs are written by a professional in that field of work.
Typically the manager and/or a board member.
Yes, if the job is over $1,000.
We follow industry guidelines.
Yes; it can be very helpful when looking for vendor specific to our industry and area.
Yes; most of the time.
Yes; the manager leads the review process.
The manager and the Board with PPM executive oversight.
Not for monthly service providers because PPM values long term relationships.
No gifts unless approved by PPM management.
Yes; PPM prefers to use local vendor when possible.
Vendors that have successfully completed third party compliance program are welcome to provide proposals.
Managers prepare job scope analysis to ensure “apples to apples” comparison.
Board of Directors.
It depends on the individual association’s requirements.
We use CACM guidelines. No cash gratuities and nothing valued at more than $300 aggregate per year.
Yes; the review process is managed by Our boards with recommendations the HOA manager. from our managers.
We include both.
Create a proper spread.
No compensation and nothing of value over $50.
Yes; unless specifically requested by the board.
Manager and Board.
Depends on size of project – vendors must be vetted first.
Friends of the Desert Mountains Conserving, Preserving and Educating Our Local Community By Jess Rosenberg
have been a volunteer for the Friends of the Desert Mountains since moving to the Coachella Valley in 1999. For the past 30 years, “Friends”, a 501(c)(3) nonprofit organization, has built a conservation legacy in our valley, helping to preserve the unique wildlife and scenic beauty of our desert and the surrounding mountains, as well as acting as the support organization for the Santa Rosa & San Jacinto Mountains National Monument. Friends acquires and preserves wildlands (over 54,000 acres to date), manages and monitors over 16,000 acres of conservation land, supports ecological research, provides natural history education to students young and old, and provides trail maintenance and invasive species control across the Coachella Valley. Friends are the go-to conservation organization of our Valley – when one of the Valley cities needs assistance with trail stewardship, they call upon the Friends.
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All of this is accomplished by a staff of five led by Executive Director Tammy Martin and a hands-on 13-member Board of Directors, who are greatly augmented by a volunteer base of over 125 active volunteers. These volunteers contributed over 14,000 hours of their time last year leading interpretive hikes, stewarding trails, removing invasive plant species, operating the gift shop at the National Monument Visitor Center on Highway 74 in Palm Desert, and so much more. The benefit to our community by the efforts of Friends is immeasurable – every time you look at one of our amazing vistas, or see a big horn sheep or desert tortoise
MEET THE BOARD "Gen" Wangler, Esq., CCAL Fiore Racobs & Powers, A PLC By Callen Lockett
in the wild, you are enjoying the benefit of the Friends’ work. Each chance you have to go out on one of the more than 150 hiking trails in the Valley and smell the fragrance of the desert, enjoy our warm gentle breezes, and feel truly connected to nature, you can thank Friends for their efforts in helping to maintain our desert paradise. This year is Friends’ 30th birthday, and they are celebrating with a special program called “30 Hikes for 30 Years.” This is a great opportunity for homeowners throughout the Valley, as everyone is encouraged to help celebrate 30 years of protecting our desert by experiencing the trails, views, and living things that make the Coachella Valley great! Those who would like to be more involved with Friends have the opportunity to join a great group of volunteers who work together to preserve our beautiful valley and mountains. Volunteering not only assists Friends in continuing their mission, but also offers unexpected rewards for those who participate. Apart from the sense of pride and accomplishment that comes with working on individual projects, many Friends volunteers (and all of the staff) feel a sense of family that comes naturally with the shared values, exchange of ideas, and respect for each other and the environment that brings us together. For more information, visit w w w.DesertMountains.org or contact Friends directly at (760) 568-9918 or by email to Friends@Desertmountains.org. Jess Rosenberg is a Board Member of Desert Falls Master Association and Villas I HOA, and Partner at Desert Cities Indoor Air, LLC. He can be reached at email@example.com or 714-747-3774.
Gen Wangler is a CAI-CV Director and serves on the Executive Committee as President Elect. Gen is a senior shareholder of Fiore, Racobs & Powers in Palm Desert. She received her B.A. in history from the University of Iowa and a law degree from Thomas M. Cooley Law School in Michigan. She is a fellow of CAI’s prestigious College of Community Association Lawyers (CCAL). Gen, her husband Roger and their two children moved to Palm Desert in 1987 from Michigan. She does not miss the cold weather, and says she can’t imagine living in a more beautiful place. Gen is the first of seven children, and all are very close. Her sister, Cardinal Ambrose, also sits on the CAI-CV Board. When not working, Gen enjoys old movies (really old), reading and cooking. As one of the country’s top HOA lawyers, Gen has been very active in the Coachella Valley CAI Chapter over the last 20 plus years. She served on the Quorum Committee for fifteen years. She chaired the Education Committee and has served on the Committee for more than seven years. Many years ago, she served on the Programs Committee. Gen is now serving her second time on the Chapter's Board of Directors Gen is also a long time member of Soroptimist International Desert Cities of the Coachella Valley, a service organization for business and professional women. She is serving as president this year.
S AV E T H E D AT E
CAI-CV Annual Spring Golf Tournament FRIDAY, APRIL 28, 2017
7 C AI - C V 201
The Springs Country Club Championship Golf Course in Rancho Mirage
Welcoming individual golfers at $195 and foursomes at $695 Non-golfers welcome for lunch, auction and door prizes at $40 per member
LIVE AUCTION – GRAND PRIZE GIVEAWAY – AWARDS – DOOR PRIZES SPONSORSHIPS AVAILABLE AT CAI-CV.ORG OR CALL THE CAI-CV OFFICE AT 760-341-0559
DONATIONS FOR LIVE AUCTION AND DOOR PRIZES NEEDED!
Water Wise Tips For Coachella Valley residents
Plant a waterefficient landscape. Desert-friendly plants use 50 to 75 percent less water than grass or tropical plants. Irrigate efficiently. Prevent water waste. Repair broken sprinklers CVWD offers a rebate for replacing nozzles with new water-efficient ones.
Find and fix indoor and outdoor leaks. Download copy of Water Wise at Home: A Guide to Finding Leaks at www.cvwd.org Learn more about CVWD’s rebate & discount program at www.cvwd/org/rebates
Stay connected with us! (760) 398-2651 www.cvwd.org
Quorum March, 2017
Community Associations Institute Coachella Valley Chapter Invites Association Board Members to Attend
THE BOARD LEADERSHIP DEVELOPMENT WORKSHOP Friday, April 14, 2017 8:00 a.m. to 5:00 p.m. The Classic Club 75200 Classic Club Blvd, Palm Desert COST: FREE
RSVP to 760-341-0559 or online at CAI-CV.ORG (Board members only - space is limited)
COMPREHENSIVE BOARD TRAINING LUNCH & WINE RECEPTION ASK THE ATTORNEY ROUNDTABLE The Board Leadership Development Workshop teaches you how to communicate with association residents, hire qualified managers and service providers, develop enforceable rules, interpret governing documents and more. This workshop provides a comprehensive look at the roles and responsibilities of association board members and conveys information to help create and maintain the kind of community people want to call home. RECOGNITION Community leaders who complete the Board Leadership Development Workshop will receive a certificate of completion and recognition on the CAI website.
Governing Documents and Roles & Responsibilities Jennifer James, Esq., Law Office of Jennifer James James McCormick, Jr., Esq., CCAL, Peters & Freedman, L.L.P.
400,000 U.S. Community associations
Communications, Meetings and Volunteerism Eric Angle, PCAM, Trilogy at La Quinta HOA Michael Knighten, Esq., Guralnick Gilliland & Knighten, LLP
2,350,000 Community association board and committee members
Fundamentals of Financial Management Sharron Badham, PCAM, The Hideaway HOA Jeff French, Esq., Green Bryant & French, LLP
80,000,000 Hours of service performed annually by association board and committee members
Professional Advisors and Service Providers Micha Ballesteros, Flood Response Dan Farrar, Ironwood Country Club HOA
$1.76 BILLION Estimated value of time provided by homeowner board and committee members based on the Bureau of Labor Statistics estimate of $22.55 per hour for volunteer time
Association Rules and Conflict Resolution Phyllis Harkins, CCAM-LS, CAMEx, CMCA, AMS, Portola Country Club HOA Steve Roseman, Esq., Roseman & Associates, APC Ask the Attorney Roundtable Hosted by: David Bruce, Esq., Epsten Grinnell & Howell, APC
Self Driving and Driverless Cars The Difference Between Autonomous and Driverless Cars. By Antoinette Hamilton
Quorum March, 2017
n autonomous car can guide itself without human interaction. The driver can turn off this feature or turn it back on to take full control. Ford plans to roll out its first autonomous cars for ride-sharing by 2021. Google is aiming for 2020. Tesla is planning to make its autonomous vehicles part of a car-sharing network. This new technology is certainly exciting but not perfected yet. A self-driving Volvo used by Uber in San Francisco was recently caught on camera going through a red light, right before a pedestrian crossed the street. A driverless car does all of the work for you without any driver input. Think of it as your own personal chauffeur. You can experience a selfdriving car today by either owning a Tesla or hail a self-driving Uber in Pittsburgh. Ford will be using them as ride-sharing vehicles. Toyota has a concept car and will have a driverless vehicle by 2030. Volvo is testing their technology already with consumers and they're licensing it to other companies. Mercedes-Benz' concept car shows four seats all turned to face each other. Bentley’s driverless dream is equipped with a holographic butler. The Rolls-Royce has a two person couch with a giant TV where the driver normally sits. Driverless cars come with so many questions such as will we see a decline in vehicle ownership or less pedestrian and vehicle accidents? How will these cars perform during snow, rain, fog or other severe weather conditions? We can expect some higher costs of using driverless cars to be passed on to passengers to cover insurance, maintenance, parking violations, etc. Overcoming the many concerns won’t happen overnight and will take time before the public feels confident with this technology. We only need take a look at the introduction of the airplane. The United States' first scheduled commercial airline flight was on January 1st, 1914. It’s only a matter of time and proven safety before we will think nothing of using a driverless car and be happy not to have to drive. "Beam me up Scotty" may be a term we will be using sooner than we think! Antoinette Hamilton has ten years of experience in solar PV and solar pool heating in the Coachella Valley. She is a frequent guest speaker on energy efficiency solutions for HOAs, hotels, country clubs, apartment complexes and assisted living facilities. Antoinette can be reached at at (760) 808-1128 or by email at firstname.lastname@example.org.
WELCOME ABOARD Shetler Security Services By Tara Abakumoff, Roseman & Associates
Do you need a patrol company that can also provide employee screening, background checks, vulnerability and risk assessments, as well as consultations on security program development? Then Shetler Security Services may be the team you’ve been looking for. Established in 2007 in Phoenix Arizona, the company has since expanded operations into 7 states, including Arizona, California, Colorado, Minnesota, New Mexico, Nevada, and Texas, and they are making their mark in the Coachella Valley. Shetler Security Services offers armed and unarmed security coverage with packages that can be designed specifically with your community’s needs. The Shetler Security Services team is led by President Michael Shetler, Stephen R. (Ron) Olsen, Director, National Operations and Jeff Olsen, Manager, of the Southern California division with each bringing over 20 years of experience in the public safety and private security. President Michael Shetler has over 40 years of security services, public safety, and law enforcement experience. Ron Olsen is no stranger to the Coachella Valley, having spent 23 years in the area developing model security and crime prevention programs for gated communities, defense & aerospace companies, hospitals, banks, manufacturing facilities, and corporate campuses. Jeff Olsen brings clients and security teams the benefit of nearly 20 years of security operations and human resources management experience. Shetler Security Services is trusted by some of America’s most prestigious public and private institutions and prides themselves in their company’s objectives and philosophy for honesty, integrity, loyalty, ownership, good communication adn excellent customer service. Exceptional security programs require meticulous hiring, comprehensive training, good employee relations, and open communication. These are essential cornerstones both for outstanding security service and for outstanding customer service. Shetler Security Services is located at 6270 East Slauson, Suite 100 A-C, in Commerce, CA. Ron Olsen can be reached at (443) 536-9082 or by email at email@example.com CAI-CV.org
Conservation Message Remains After Wet Winter Coachella Valley Water District and Desert Water Agency
ow that rain has eased drought While the storms we’ve seen here are desert-friendly landscaping and other concerns for much of the state, our a good thing, it is the snow in the Sierras measures, helped maintain groundwater message remains the same: conservation and storage in reservoirs in Northern levels. We can continue to see savings is the new normal. Water agencies must California that will have the biggest if residents and businesses make small continue responsible long-term manage- impact on our imported water supplies efforts that add up, like shutting off ment strategies and plan for a future that from our State Water Project contracts. irrigation when we have rain. Everyone may have more and longer droughts. Improved conditions will mean a healthy has a part to play in the protection of our When the State Water Board issued delivery of water to the Coachella Valley groundwater basin. mandatory water use restrictions based to help replenish the groundwater we Statewide mandator y water-use on a statewide drought emergency in use every day. The imported supply only restrictions remain in effect, including 2014, the local water agennot washing down paveCoachella Valley Water District (CVWD) and Desert cies were fortunate to have ment, sidewalks and local water supplies suf- Water Agency (DWA) have always managed the valley’s driveways and not waterficient to withstand the water supplies as if the area was in a drought and the ing so much it runs off of drought. Coachella Valley landscaped areas. The last few years have been no exception. Water District (CVWD) and Governor has earmarked Desert Water Agency (DWA) have always trickled into the west valley percolation these prohibitions and others to become managed the valley’s water supplies as if ponds during the last few years due to permanent restrictions. Violation could the area was in a drought and the last few the historic drought but it is expected result in a fine. years have been no exception. that we will receive more water this year Between CVWD and DWA, customers Since the 1970s, the two agencies have than we do in an average year. have converted almost 8 million square imported more than 3.3 trillion gallons Replenishment of the groundwater feet of turf to desert-appropriate landof water from Northern California and supply is critical to CVWD and DWA’s scaping since June 2015, when restricthe Colorado River for groundwater long-term water management efforts and tions went into place. That’s enough to replenishment purposes. Importing is part of the Coachella Valley Regional cover 183 football fields. These are the water during wet and dry years is a Water Management Plan. type of permanent changes to landscapstrategy that is critical to keeping our Coachella Valley residents stepped ing and water use habits that will help us groundwater basin sustainable. The up and made significant cuts to water to weather the next inevitable drought. groundwater basin provides for massive use during the drought emergency, Thank you for the continued commitstorage of water and makes the Coachella saving more than 21 billion gallons ment to protecting our most valuable Valley less susceptible to the impacts of since June 2015. This overall reduction, resource. statewide drought. achieved through converting turf to
Quorum March, 2017
ADVERTISERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................................. 23
ASPHALT AMS PAVING.................................................................... 39 ASPHALT MD’S.................................................................. 4 DIVERSIFIED ASPHALT PRODUCTS................................. 14 NPG ASPHALT................................................................... 2
FIORE RACOBS & POWERS, A PLC.................................... 6 GREEN BRYANT & FRENCH, LLP...................................... 37 GURALNICK GILLILAND & KNIGHTEN................................ 3
LAW OFFICE OF PEGGY REDMON.................................... 38 PETERS & FREEDMAN, L.L.P. .......................................... 23
BANKING UNION BANK...................................................................... 2
CONSTRUCTION VANTAGE POINT CONSTRUCTION, INC.............................. 4
MUTUAL OF OMAHA BANK................................................ 6
ELECTRIC & WATER COACHELLA VALLEY WATER DISTRICT........................... 32
CAI Annual Conference & Exposition May 3–6, 2017 | Caesars Palace Las Vegas
GATES & GARAGE DOORS AUTOMATION PRIDE........................................................ 13
INSURANCE PRENDIVILLE INSURANCE AGENCY................................ 38
LAKE MANAGEMENT DWI................................................................................. 13
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BRS ROOFING.................................................................. 23 ROOF ASSET MANAGEMENT............................................. 9 SUNTECH CONSULTING & ROOFING................................ 38
WESTERN PACIFIC ROOFING........................................... 13
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AMS SECURITY................................................................ 23 SECURITAS...................................................................... 38
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CAI’s Best Practices Report: Ethics
“Ethical behavior” doesn’t have to be an oxymoron—especially when you have an ethics policy. Learn how to create your own, how others have done it and what sample codes cover.
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Quorum March, 2017
11/29/12 2:02 PM
41-905 Boardwalk, A-2 Palm Desert, CA 92211 GREEN IS FOR LOCAL EVENTS
CAI-CV UPCOMING EVENTS
SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG AND FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG
CAI-CV’s Corks for CLAC Wine Tasting (for all members) WHEN: Friday, March 3, 2017, 5:30 p.m. WHERE: Shields Date Garden, Indio
CAI-CV’s Manager on the Run (MOTR) (for managers) WHEN: Friday, April 7, 2017, 8:30 a.m. WHERE: Flood Response, Thousand Palms Board Leadership Development Workshop (Essentials for community board members) WHEN: Friday, April 14, 2017, 8:00 a.m. – 5:00 p.m. WHERE: The Classic Club, Palm Desert – FREE (limited space) CAI-CV’s Educational Program Lunch & Mini Trade Show (for all members) WHEN: Friday, April 21, 2017, 11:15 a.m. Registration WHERE: Palm Valley Country Club, Palm Desert
CAI’S M100 Course (for managers & board members) WHEN: Thursday – Saturday, March 9-11, 2017 WHERE: Oxnard CAI-CV’s Educational Program Lunch & Mini Trade Show (for all members) WHEN: Friday, March 10, 2017, 11:15 a.m. TOPIC: ASK THE ATTORNEY WHERE: SUN CITY PALM DESERT – NEW VENUE CAI’S M203 Course (for managers) WHEN: Thursday – Friday, March 23-24, 2017 WHERE: Santa Ana NEW - CAI-CV’s Educated Business Partner Course (for business partners) WHEN: Friday, March 24, 2017, 9:00 a.m. to 2:00 p.m. WHERE: The Classic Club, Palm Desert
CAI’s Day at the Capitol (for all managers) WHEN: Sunday-Monday, April 23-24, 2017 WHERE: Sacramento CAI-CV’s Spring Golf Tournament (for all members) WHEN: Friday, April 28, 2017 WHERE: The Springs Championship Golf Course, Rancho Mirage
MAY CAI’s National Conference (for all managers) WHEN: Wednesday-Saturday, May 3-6, 2017 WHERE: Caesars Palace, Las Vegas, NV
SAVE THE DATE REGISTER AT WWW.CAICLAC.COM
2017 LEGISLATIVE DAY AT THE CAPITOL APRIL 23-24, 2017
CALIFORNIA LEGISLATIVE ACTION COMMITTEE
2017 CORPORATE SPONSORS PLATINUM______ AMS Paving Asphalt MD’s Associa Desert Resort Management Bissell Design Studios Inc. Conserve LandCare Diversified Asphalt EmpireWorks Fiore Racobs & Powers, A PLC KESQ NEWS Channel 3 ABC NPG Asphalt Pacific Western Bank Roof Asset Management Signarama Sunshine Landscape Vantage Point Construction Western Pacific Roofing
GOLD___________ AMS Security BRS Roofing CBCI Construction Epsten Grinnell & Howell, APC Flood Response G4S Secure Solutions Lloyd Pest Control Mutual of Omaha Peters & Freedman, L.L.P. Prendiville Insurance Agency PrimeCo Purified Pool Water Vintage Associates
SILVER__________ Artistic Maintenance, Inc Automation Pride Barcode Automation, Inc. Coachella Valley Water District DWI Farley Interlocking Pavers Frazier Pest Control Horizon Lighting Painting Unlimited, Inc. Powerful Pest Management Seacoast Commerce Bank Three Phase Electric Union Bank Homeowners Association Services
Accurate Leak Locators Adams Stirling, PLC Albert Management, Inc. All Counties Fence and Supply Alliance Association Bank Association Reserves Bank of Southern California Ben’s Asphalt, Inc. Dunn-Edwards Paint Corp. FirstService Residential Frontier Communications Guralnick, Gilliland & Knighten Kasdan LippSmith Weber Turner, LLP LaBarre/Oksnee Insurance Agency Law Office of Jennifer James, Esq.
PatioShoppers Commercial Furnishings Powerstone Property Management Pro Landscaping, Inc. S.B.S. Lien Services SCT Reserve Consultants SERVPRO of Palm Desert SERVPRO of Palm Springs/Indian Wells Sherwin-Williams Paint Co. Silldorf Law, LLP Suntech Consulting & Roofing The Management Trust United Paving U.S. Security Associates Vista Paint Corporation
Banning Estates What Every Business Partner Needs to Know About Working with CAI-Coachella Valley Management Company Members • Maintenance -...