Quorum August 2017

AUGUST 2017

Coachella Valley Community Associations Institute Magazine

Vista Montana 10 Vista Montana, the "Hidden Jewel" of Desert Hot Springs

LANDSCAPING, LAKES AND LIGHTING ISSUE 13 Give Up the Green 14 Setting Aside Reserve Funds for Future Landscaping Needs 24 Landscape Enhancement – The New Desertscaping 28 Landscape Lighting: To Be or Not to Be "LED" — That Is the Question 30 Lake Infrastructure Maintenance 32 Beautiful, Inviting Water Features are Easy to Maintain

CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.

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Quorum August, 2017

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2017 BOARD OF DIRECTORS COACHELLA VALLEY CHAPTER PHYLLIS HARKINS, CMCA, AMS, CCAM-LS, CAMEX PRESIDENT The Management Trust – Palm Desert GEN WANGLER, ESQ., CCAL PRESIDENT ELECT Fiore Racobs & Powers A PLC GERARD GONZALES PAST PRESIDENT Albert Management, Inc. CAI-CV

EDUCATED BUSINESS PARTNER

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 clockett@cai-cv.org

ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org The materials contained in this publication are designed to provide our members with timely and authoritative information; however, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The Coachella Valley Chapter has not verified and/ or endorsed the contents of these articles or advertising. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.

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Quorum August, 2017

CONTENTS

10

FEATURES

10

Vista Montana, the "Hidden Jewel" of Desert Hot Springs

By Susan Browne Rosenberg, CIH, CIEC, CHMM

13

Give Up the Green

By Marne Logan, CCAM

14

Setting Aside Reserve Funds for Future Landscaping Needs

13

14

By Charlotte K. Tang, Esq.

16

The Referability Habits

By Rick Cech

19

Is Your Personal Brand Credible?

By Kay Ladner, AMS, CACM-LS, MCM

24

Landscape Enhancement – the New Desertscaping

By Jim Schmid

28

Landscape Lighting: To Be or Not to Be "LED", That Is the Question

By Cameron Bridges

30

Lake Infrastructure Maintenance

By Jim Schmid

32

Beautiful, Inviting Water Features are Easy to Maintain

By Patrick Simmsgeiger

16

19

24

28

30

32

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5

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EDUCATED BUSINESS PARTNER

JENNIFER JAMES, ESQ. Law Office of Jennifer James

MARNE LOGAN, CCAM The Management Trust - Palm Desert

Member FDIC Equal Housing Lender

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

PHYLLIS HARKINS, CMCA, AMS, CCAM-LS, CAMEX BOARD LIAISON The Management Trust - Palm Desert

Brendan Concannon Regional Account Executive 619-261-6643 Toll Free 866-800-4656, ext. 7480 brendan.concannon@ mutualofomahabank.com

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EDUCATED BUSINESS PARTNER

SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC

STEVEN SHUEY, PCAM Personalized Property Management Co.

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EDUCATED BUSINESS PARTNER

DAN STITES CBCI Construction, Inc.

TIFFANY WRIGHT, CCAM The Management Trust, Palm Desert

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Quorum August, 2017

For inquires contact Jeffrey French www.gbflawyers.com

| 760.346.9310

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.

CONTENTS CHAPTER NEWS

9

CAI-CV Chapter New & Renewing Members

37

CAI-CV Educated Business Partners

18

Next Educated Business Partner Class

Friday, December 15, 2017, 8:00 a.m. to 1:00 p.m.

40

Chapter Upcoming Events

CHAPTER EVENTS

20

California CID Law Course

21

SAVE THE DATE

20

Friday, July 14, 2017

22

SAVE THE DATE

Educational Lunch Program & Mini Trade Show Friday, September 22nd Mary Freeley - The Humor Advantage

DEPARTMENTS

8

President’s Message

18

Water Wise

CVWD Implements New Fee System for Sewer Service

CAI-CV Educational Program Lunch and Mini Trade Show Friday, September 22, 2017 Palm Valley Country Club, Palm Desert Professional Speaker & Comedian: Mary Feeley

21

23

By CVWD

22

Platinum Sponsor Spotlight Bissell Design Studios

By Rodney Bissell

23

Welcome Aboard

36

Millennium Community Management

Steffani Miller

By Jay Powell

26

By Jay Powell

26 Maintenance

36

We are Professionals and Would Never Hire an Unlicensed Contractor! Wanna' Bet?

By Dan H. Stites, P.E

34

34

Homeowners Association Law HOA Liability for Discriminatory Harassment: A Primer

37

By Sandra L. Gottlieb, Esq.

36

Meet Your Board Member

CAI-CV

Cardinal Ambrose, CCAM, CMCA, AMS

36

By Cal Lockett, CED

CAI-CV.org

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EDUCATED BUSINESS PARTNER

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7

FROM THE CHAPTER

President’s Message Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx The Management Trust – Palm Desert CAI-CV Chapter President

The Chapter office has been busy planning for 2018. In July, CAI National representatives met with the California presidents, president-elects and executive directors at the Orange County chapter office. We discussed the 2018 calendar and did our best to organize events so they don’t overlap. Crystal Wallace, head of chapter relations, also provided an update on CAI growth both inside and outside the United States. It is exciting to see our industry grow.

On the local level, we are confirming venues and will be publishing our 2018 program and event dates in the September issue of Quorum. Planning is underway for our 2018 Advertising and Sponsorship Plan that will be released at the end of September. And, of course, we will be starting work on the 2018 Directory next month.

While we are not quite ready to make the announcement – still some i’s to dot and t’s to cross – stay tuned for a major change for CAI-CV that will be publicized later in the month. Here’s a hint though – CAI-CV’s board is working on a comprehensive plan to focus the chapter on education. We are going to accomplish energizing our members and elevating our industry with education!

Just as we all get weary of the heat, CAI-CV has planned a great opportunity to escape the desert! On Friday, August 18, CAI-CV is hosting “Day at the Races” at the Del Mar Race Track. Sign up to attend online! This will be a fantastic day and evening of entertainment. We have booked Del Mar’s largest venue, the Seaside Tropical Cabana and can now accommodate up to 150 CAI-CV members and guests. Excellent race day food is planned and if you want to hear a Grammy Award winning reggae band, Del Mar is offering a free concert for racing guests with Steel Pulse right after the races.

Our next Educational Lunch Program & Mini Trade Show will be Friday, September 22 at Palm Valley Country Club in Palm Desert. We have booked professional speaker and comedian Mary Freeley to talk about HOA issues.

Mary is an outstanding and entertaining speaker – you won’t want to miss this program.

Mark your calendars for CAI’s Statewide Legal Forum that will take place on Friday, October 20, 2017 at the Sheraton Universal City. And, for those of you interested in taking the Case Study required for a PCAM designation, CAI has information about the course to be held in Orange County on November 30-December 1, online at www.caionline.org.

As the new season begins, I look forward to seeing you at a Chapter event. I hope you found some time to unwind this summer. Thanks for your service to the HOA industry.

Phyllis Harkins, CAI-CV President

Phyllis Harkins

Phyllis Harkins, CMCA, AMS, CCAM-LS, CAMEx General Manager, Portola Country Club The Management Trust - Palm Desert

C AI-C V MISSION STATE MENT The mission of CAI-CV is to provide leadership for successful development and operation of community associations through information, research and education.

CAI-CV will energize our members to seek CAI education to elevate themselves & the CID industry.

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Quorum August, 2017

energize educate elevate

FROM THE CHAPTER

CAI-CV Chapter New & Renewing Members NEW BUSINESS PARTNERS ALL COLOR GROWERS, INC. Ruth Fountaine (760) 775-5818 clrgrowers@aol.com

NEW MANAGER MEMBERSHIPS AVAIL PROPERTY MANAGEMENT Veronica Delgado (760) 771-9546 veronica@availhoa.com

ASSOCIA DESERT RESORT MANAGEMENT Catherine Baker (760) 346-1161 cbaker@drminternet.com

LANDCARE USA, LLC Malachi Ramos (760) 775-3209 admin.palmsprings@landcare.com

Debbie Lessard (760) 771-9546 deb@availhoa.com

Carol Calhoun (760) 346-1161 Ext. 103 ccalhoun@drminternet.com

Michell Santiago (760) 771-9546 michell@availhoa.com

Rosie Galla (760) 346-1161 rgalla@drminternet.com

DIALSQUARE PROPERTY MANAGEMENT Marissa Martinez (760) 565-2227 marissa@dialsquare.org

Candra Rodriguez (760) 346-1161 crodriguez@drminternet.com

RENEWING BUSINESS PARTNERS FLANDERS PAINTING Gary Flanders (760) 341-4345 gary@flanderspainting.com HORT TECH LANDSCAPE Rosa Trevino (760) 360-9000 rosa@horttechlandscape.com PWLC II, INC. Paul Rasmussen (760) 323-9341 paul-pwlc@hotmail.com RENOVA SOLAR Patrick Sheehan (760) 568-3413 goodsell@renovasolar.com RENEWING MULTI-CHAPTER BUSINESS PARTNERS AMS PAVING, INC. Liz Williams (800) 357-0711 liz@amspaving.com

RENEWING MANAGER MEMBERSHIPS Peter Moyer (760) 391-4581 pmoyer@madisonclubowners.org Jeffrey St. Cyr (603) 833-0242 jeffrey.st.cyr@ritzcarlton.com ALBERT MANAGEMENT Cardinal Ambrose (760) 346-9000 cardinal.ambrose@albertmgt.com ALDERWOOD RESORT MANAGEMENT Sarah Simoneau (909) 866-6531 ssimoneau@lagonitalodge.com

Joanne Rose (760) 346-1161 Ext. 147 jrose@drminternet.com Charles Walters-Clark (760) 346-1161 cwaltersclark@drminternet.com HERITAGE PALMS HOA/CC Dennis Elam (760) 772-5755 delam@heritagepalms.org PGA WEST RESIDENTIAL ASSOCIATION Kelly McGalliard (760) 771-1234 Ext. 15 kellym@pgawest.org THE GAFFNEY GROUP Meaghan Gaffney-Howe (760) 327-0301 meaghan@thegaffneygroup.net Bobbie Gaffney (760) 327-0301 bobbie@thegaffneygroup.net

PATIOSHOPPERS COMMERCIAL OUTDOOR FURNISHINGS Todd Chism todd@PatioShoppers.com

THE MANAGEMENT TRUST Heather Hutchison (206) 300-7555 heather.hutchison@managementtrust.com

S.B.S. LIEN SERVICES Jennifer Kennick (818) 991-4600 Jkennick@liencollections.com

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

SHERWIN-WILLIAMS COMPANY Vera Cortez (760) 809-9691 swrepq102@sherwin.com

VINTAGE GROUP Rosanna Cardenas (760) 610-6139 rosanna@vintagegroupre.com

GOSSIP

RENEWING MULTI-CHAPTER MANAGEMENT MEMBERSHIPS FIRSTSERVICE RESIDENTIAL Karen Tillotsen (949) 448-6080 karen.tollotsen@fsresidential.com VINTAGE GROUP Arielle Marion (949) 667-9806 arielle@vintagegroupre.com RENEWING MULTI-CHAPTER MANAGER MEMBERSHIP KEYSTONE PACIFIC PROPERTY MANAGEMENT, LLC Timothy Taylor (951) 491-7361 ttaylor@keystonepacific.com RENEWING NATIONAL CORPORATE MEMBERSHIPS PACIFIC PREMIER BANK Cat Carmichael (949) 648-2226 ccarmichael@ppbi.com UNION BANK HOMEOWNERS ASSOCIATION SERVICES Jolen Zeroski (800) 669-8659 Ext. 4 jolen.zeroski@unionbank.com NEW VOLUNTEER LEADER Eva Farrey INDIAN CANYON GARDENS HOMEOWNERS ASSOCIATION Dave Healey RENEWING VOLUNTEER LEADER MOUNTAIN VILLAS OWNERS ASSOCIATION Lisa Olson VISTA MONTANA Dwayne DeRose Barbara Eastman Ron Jacobski Monica Lichtfuss Ron Orach Christa Saevke

PSST. HEY. TAKE A LOOK AT THIS!

Have you heard rumors about CAI-CV moving? Watch your emails in August and make sure you get a copy of September’s Quorum. I hear there may be a big announcement! CAI-CV Board Director Matt Lawton, CIRMS, Prendiville Insurance Agency, 5:32 a.m., undisclosed location near Cook and Gerald Ford Drive.

CAI-CV.org

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9

FEATURE

Vista Montana, the “Hidden Jewel� of Desert Hot Springs

By Susan Browne Rosenberg, CIH, CIEC, CHMM

V

ista Montana, located at 15300 Palm Drive in Desert Hot Springs, is managed by Personalized Property Management. Rebecca Day is the Assistant Manager and provided information for this article. Past CAI-CV President Richard Warfield is the Community Manager. This 55 and older gated community was constructed in 1987 and is fully built out. There are 260 units in one story manufactured and modu la r

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Quorum August, 2017

homes with two or three bedrooms. Amenities include two pools, two spas, three shuffleboard courts, and a club house with fitness center. There is a temporary pickle ball court to see if demand warrants a permanent structure.

The property features two luscious green belts with one being the centerpiece of the community. Home prices are around $144,000.

The monthly assessment of $210 includes use of the recreational amenities and property maintenance.

There are five board members and six active committees: Architectural, Social, Community Emergency Response Team (CERT), Exercise, Audio Visual, and

FEATURE

Neighborhood Watch. As the property is located just a few blocks from downtown Desert Hot Springs, homeowners are close to grocery stores, locally owned restaurants, quaint shops, and of course those wonderful hot springs and spas.

The community was initially a family-oriented mobile home park. According to Rebecca, Roy Storey, a onetime "voice of the Los Angeles Kings" lived there along with several “old” Hollywood actors and actresses. She said that "studio executives, movie engineers and singers have resided here.

Also, several former FBI and CIA agents. Other famous Vista

Montana Residents included poet Lois Howard, author Lois Stead, and jazz singer Sydney Don Vito. And we just found out one of our residents is a PlayBoy bunny from the 60's.”

Recently, the community focused their efforts on conserving water. They have converted much of the landscape to desertscape while still retaining the beautiful green belts.

When asked what future projects are in the works, Rebecca stated that the HOA has decided to install solar panels on the clubhouse to conserve energy even further.

Board President Barbara Eastman told Quorum magazine,

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11

FEATURE

“Vista Montana is the hidden jewel of Desert Hot Springs.

Homeowners are proud of the higher standards the community upholds and they are proud of the very social and active community."

Rebecca said, “Since I arrived to take this positon, I have learned a lot about the 55 and older community. What resonates with me most is advice from a retired Russian doctor resident who welcomed me to the community, 'Always remember that motion is life, keep moving.' I will never forget that because I believe that captures the essence of Vista Montana.”

Rebecca thinks the board of directors at Vista Montana “truly understand the meaning of fiduciary duty,” which makes her job easier. Rebecca can be reached at 760-325-2921.

Vista Montana is proud to use CAI-CV Business Partners

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Quorum August, 2017

including, CAI-CV Platinum Sponsors Asphalt MD’s, Fiore Racobs & Powers (Gen Wrangler, Esq., CCAL) and Roof Asset Management. CAI-CV Gold Sponsor Flood Response helps out with water damage incidents. Other CAI-CV Business Partners that the HOA utilizes are Rudy’s Pest Control, Revco Solar Engineering, SCT Reserve Consultants and Desert Cities Indoor Air. Lloyd Crowe from Desert Protection guards the gate entrance, keeping the community safe.

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

FEATURE

Give Up The Green

By Marne Logan, CCAM®

L

et’s talk landscapes. As you know the drought has been lifted for now.

However, water is still at a premium cost in most communities. With that said, many associations are figuring out ways to save on water, while not breaking the bank. So, whether you have been in the Coachella Valley a long time or not, you are bound to know, budgets may not encompass a renovation project when renovation is needed.

Many things may be at the “root” of your community’s need for change: • Is the irrigation system old? Does it still function but needs to be replaced in six months or longer?

• Are the plant materials at the end of their life cycle?

• Are mature plants and trees suffering from disease or lack of water?

• Do you have “root” problems? Are your trees and shrubs pushing walls or lifting walkways or streets?

• Is over-spray water deteriorating your hardscape?

• Do you need to cut your water expenses?

While weighing the costs of a project, whatever the case may be, the choice to remove turf and irrigation heads depends on your budget. The Coachella Valley Water District (CVWD) offers several solutions.

Did you know that CV WD has a Landscape Water Management Program?

In fact, they even have staff who will help you through the entire process.

CVWD is offering reimbursements for landscape turf conversions to water-wise, desert-friendly landscapes. The form for the program and the required steps are at this link: http://www.cvwd.org/ DocumentCenter/View/1050.

CVWD also has representatives who will meet interested parties (the association) at their chosen site to be renovated. They will help measure, take photos and assess the irrigation heads, and help identify the water meters involved. To qualify, your association needs to be a customer in good standing and the project must be on property owned by the association. The representative can also review the program application with you. For more information, contact Rene Ramirez, CVWD Water Management Specialist, at rramirez@cvwd.org.

The application form is very straightforward and easy to use. Your association may also take advantage of the New Generation Nozzle reimbursement offered when replacing irrigation nozzles or the current very generous turf removal reimbursement program.

"DID YOU KNOW THAT CVWD HAS A LANDSCAPE WATER MANAGEMENT PROGRAM? IN FACT, THEY EVEN HAVE STAFF WHO WILL HELP YOU THROUGH THE ENTIRE PROCESS." There are many landscape management companies willing to help you find solutions to projects when your budget is squeaking too much. Use these experts to help you stretch your dollars to work harder for you and your community.

What are you waiting for? Don’t let the grass grow…..give up the green.

Marne Logan, CCAM®, is a community association manager for The Management Trust. She can be reached at (760) 776-5100 x6332 or by email at marne. logan@managementtrust.com.

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13

FEATURE

Setting Aside Reserve Funds for Future Landscaping Needs

By Charlotte K. Tang, Esq.

T

rees and bushes that dot various areas in a community association, along with grassy areas frequented by our furry friends, are often taken for granted even though they play an important role in the look and feel of a community and affect property values (so-called “curb appeal”). An association’s landscaping is usually overlooked until someone complains about a broken sprinkler, a plant dying next to someone’s home or a tree falling and blocking access to driveways/walkways.

Although it is easy to just let mother nature, sprinklers and gardeners maintain existing landscaped areas, to ensure that the association retains its aesthetic appeal over time and to address issues that will likely arise from aging landscaping, reserve funding should take into account the future landscaping needs of the association.

Generally, the landscaped areas of a community are part of the common areas for which the association is responsible for maintaining, repairing and replacing. This responsibility goes beyond periodic grass mowing, tree/shrub pruning and minor sprinkler repairs that are usually funded through the annual operating budget. Part of this responsibility includes making sure there are sufficient funds available when major landscape-related repairs or projects become necessary. For such work, proper financial planning through reserves is recommended.

The typical community will likely have its tree lovers and tree haters, if you will. Some will insist on lavish greenscapes no matter the cost, while others may be content with military barracks-style looks with minimal greenery and buzz cuts for any shrubs that dare exist on the property. Whichever the case, both camps will likely agree that the following three areas will

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Quorum August, 2017

require attention over time to keep the association in good condition for everyone’s benefit.

Tree Trimming/Removal. Most associations will have mature, established trees within their developments that will require trimming every two to three years and/or removal if trees have died or decayed from old age, insects/diseases or lack of water after years of drought conditions. This is necessary for both safety and health reasons. Periodic tree trimming will thin out more densely populated trees and reduce the potential for windstorm or rainstorm damage. Periodic tree trimming will also help maintain the healthy growth of a tree.

In addition, tree removal may become necessary when encroaching tree roots damage walkways or building foundations. Because professional tree trimming/removal costs can be substantial if the association has many large trees, setting aside reserve funds will be helpful when the time comes for such work.

"Whether renovating existing landscaping or upgrading/redesigning the landscaping to better suit changing climate conditions, the costs of hiring a landscape designer and installing new greenscape or hardscape materials will likely be significant."

Landscape Renovation or Replacement. While much of the existing landscaping within an association may have made sense during initial development of the property, over time and with ever-changing climate conditions, some plants that weathered well fifteen or more years ago may no longer be viable on a going forward basis. This is especially true after the last several years of drought conditions. Moreover, even plants have a finite lifespan and will need to be replaced after a while to maintain an association’s overall exterior appearance. Whether renovating existing landscaping or upgrading/redesigning the landscaping to better suit changing climate conditions, the costs of hiring a landscape designer and installing new greenscape or hardscape materials will likely be significant. So, establishing a landscape renovation reserve component and setting aside reserve funds for such purposes would be appropriate. This will allow an association to “save up” over time to undertake landscape renovation/ redesign projects every fifteen or so years.

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Charlotte K. Tang is an attorney with the law firm of Adams Stirling PLC, specializing in advising common interest developments (CIDs) in operations management and long-term planning.

Charlotte has served on a CID board and has experience with budgeting and reserve planning for aging structural components and extensive landscaped areas. Charlotte can be reached at (800) 464-2817 or by email at ctang@adamsstirling.com.

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Irrigation System. A big part of any landscaped area is the irrigation system which is often hidden or out of sight, yet vital to landscape maintenance. Irrigation controllers that dictate when sprinklers come on and the duration of each watering station have an estimated thirty-year life, needing replacement as its electronic components wear out or become outdated.

Valves and underground wiring connecting the irrigation system may also need to be replaced after years of corrosion or damage by underground critters. At some point, minor sprinkler repairs will turn into large-scale repair/replacement work and setting aside reserve funds for such work would be appropriate.

Except for emergency situations, such as the costs of cleaning up toppled trees from a sudden windstorm, it is unlikely that homeowners will accept dues increases or special assessments to pay for landscaperelated expenses without vocal objection directed at whoever happens to be on the association’s board. By setting aside reserve funds for major landscape work, especially likely expensive work, associations can save toward this goal by periodic gradual increases to monthly reserve contributions instead of imposing special assessments or significant dues increases on homeowners all at once.

In sum, similar to reserve funding for roof replacement, pool resurfacing or other structural component repair/replacement work, reserve funding is also needed for certain landscaping work to help maintain not just overall aesthetics but also a viable landscape infrastructure for decades to come.

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SAVE THE DATE CA I - C V ’ S A N N U A L O K T O B E R F E S T C E LE BRATI ON

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15

FEATURE

The Referability Habits

T

By Rick Cech

he best marketing strategy in the world is to be referable.

Being referable means that your existing clients and customers believe in you so strongly that they want to tell others about you. They believe so strongly in you that your success is as important to them as their own. Referability means that your very best clients and customers are continually cloning themselves – continually introducing you to those like themselves or better than themselves.

All referability depends upon four habits. Although the best entrepreneurs are involved in different kinds of businesses, have very different kinds of clients and customers, and utilize a wide variety of specialized skills and resources, they are all referable for the same reasons. Referability, in all places and at all times, depends upon four crucial habits:

• SHOW UP ON TIME. • DO WHAT YOU SAY. • FINISH WHAT YOU START. • SAY PLEASE AND THANK YOU. Although theses seem like common sense, a surprising number of people in this world, including entrepreneurs, do not practice these four habits. As a result, these individuals are not referable. They may have brains, talent, charm and experience, but they continually find that their clients and customers do not refer them. On the other hand, the individuals who practice these four habits always get referred into bigger and better opportunities.

Show your clients respect and appreciation: The four referability habits are crucial because each of them conveys an attitude of respect and appreciation. They demonstrate respect for other people’s schedules, goals, and values. They communicate appreciation; no client or customer will feel taken for granted. Respect and appreciation are permanent safeguards against indifference, overconfidence, arrogance, negligence, and sloppiness – all the reasons entrepreneurs and others lose business and are not referred into larger opportunities.

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Brains, talent and charm are no substitute: Many highly intelligent people are not referable because the main attitude they communicate is arrogance. Many talented people are not referable because their performance is erratic. Many charming people are not referable because they are undependable.

Even individuals with specialized skills and years of experience are not referable if they do not demonstrate respect and appreciation that will prompt clients and customers to talk about them favorably.

Make these habits the basis of your daily philosophy and performance: Any individual can choose to begin practicing these habits today. The rewards will be immediate: he or she will be referred to others. Within your organization, make these four habits the basis of all training and procedures. In this way, there will be no breakdowns in service. Nothing will be missed, nothing will fall through the cracks. Everything

that your organization does – every communication and every activity – will be perceived as respectful and appreciative by everyone who encounters it. This will result in an endless flood of referrals and unlimited opportunities for growth and success.

Rick Cech is Sr. Sales /Business Development Manager for Western Pacific Roofing Corp. Rick has over 40 years’ experience in the roofing industry. He has served (3) three terms as President of the RCASC. (Roofing Contractors Association of So. Calif.); Served on the Board of RCAC (Roofing Contractors Association of California); and Represented the Roofing Contractors Association of So. Cal. serving on the Energy Commission in Sacramento developing the 2008 Title 24 Regulations. Rick can be reached at 760-969-6441 or by E-Mail @ Rick@westpacroof.com.

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17

WATER WISE

CVWD Implements New Fee System For Sewer Service

By CVWD

T

he Coachella Valley Water District (CVWD) has restructured rates and charges for sewer service that will result in some customers paying less and others paying more. The new system, effective January 1, 2018, is based on industry standards, simplifies how the rates are calculated, ties rates to actual water use, and reflects the true cost of service. It does not increase revenue the district receives from sewer charges.

The new structure creates one residential and two business customer classes. Bills for all classes will include a fixed account charge that covers administrative costs and a service charge based on the estimated amount of wastewater sent into the sewer system. CVWD has not changed sewer rates since 2010.

Under this new system, which eliminates the supplemental sewer cleaning charge, about 40 percent of businesses will see a small decrease in their monthly sewer bills and about 60 percent of businesses will see minimal to significant increases in their sewer bills. HOAs are classified in a business category because of the types of facilities that are connected to HOA meters such as pools, restrooms, restaurants, community centers, and clubhouses.

Businesses will be charged based on estimated sewage production and water use determined by average water use over a rolling three-year period that will be updated each year.

Those who reduce their water use can lower their monthly sewer bills.

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"Sewer rates pay for the operation and maintenance of the sewer system that includes 1,129 miles of pipe leading to five wastewater reclamation plants that treat an average 17 million gallons of wastewater every day."

New residential rates will no longer be based on six separate geographic locations in CVWD’s service area. All residential customers will pay the same sewer service rate, typically included in annual property tax bills.

Homeowners in Cathedral City, Palm Desert, Ranch Mirage, and Indian Wells will see an increase of $1.44 per year on their sewer bill. Homeowners in La Quinta, Thousand Palms, and the Salton Sea communities will see a decrease in their bills.

Sewer rates pay for the operation and maintenance of the sewer system that includes 1,129 miles of pipe leading to five wastewater reclamation plants that treat an average 17 million gallons of wastewater every day. They also fund needed infrastructure upgrades, including system maintenance and cleaning 50,000 feet of sewer pipelines annually, and pipeline improvement projects.

CVWD staff can answer questions about how the new rates could affect your business or home. Contact Assistant Director of Engineering Carrie Oliphant at (760) 398-2661, ext. 2268 for more information or to schedule a meeting.

You can also visit www.cvwd.org/ratechanges or call (760) 398-2651.

FEATURE

Is Your Personal Brand Credible?

By Kay Ladner, AMS, CACM-LS, MCM

T

he simple definition of credibility is having the ability to inspire belief.

Having your employer, peers, homeowners and board members believe in you is one of the key elements to your professional success. But first, you must believe in yourself.

It’s important to be able to define your personal values and self.

Being confident in your personal “brand” and your integrity is the first step to being a credible person.

The simple definition of brand in this situation is a particular identity or image regarded as an asset.

• Know your legitimate value – be confident in your knowledge of a topic but be frank if you don’t have all the answers.

HERE ARE SOME TIPS IN HELPING TO CREATE A PERSONAL BRAND THAT WILL STAND THE TEST OF CREDIBILITY:

• Trustworthy and loyal – never promise something you cannot provide, follow through on your promises and be loyal to those that count on you.

• Be authentic and genuine – create a personal brand by committing to a set of values and be consistent in those values in all aspects of your life.

• Set and know your boundaries – do business within those boundaries, hold true to your values and resist temptations.

• Be respectful and honest – everyone in your life should be able to count on and defend these qualities in you.

• Accountability – be confident in your research and knowledge so that you are comfortable in being accountable for your final decisions and actions.

• Listen actively – listen with all your concentration, take some time to consider what you have heard and respond with measured confidence on the topic and the actions you plan to take.

Credibility comes from your ability to thoughtfully evaluate a situation or problem and find an educated solution that meets the needs of your client. People with credibility don’t need to “prove anything," their actions will speak volumes.

Kay Ladner, AMS, CACM-LS, MCM, is General Manager of Desert Horizons Owners Association in Indian Wells. Kay can be reached at 760-340-5501 or by email at kladner@deserthorizonscc.com.

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CHAPTER EVENTS

CA CID LAW COURSE Friday, July 24, 2017

(next class October 19, 2017 at CAI's Statewide Legal Forum at the Sheraton, Universal City)

52 CAI-CV

Members Attend CID Law Course On Friday, July 14, 2017, CAI-CV hosted, for the first time, the California Common Interest Development (CID) Law Course, at The Classic Club in Palm Desert. Fifty-two CAI members attended the day-long course that covered the laws and regulations governing CIDs. This course is required for California managers to refer to themselves as certified under California law. It was also an excellent refresher for managers, board members and business partners. Many thanks to CAI-CV members Jennifer James, Esq. and Peggy Redmon, Esq. for teaching this course. National has reported that ALL our members passed the exam. The course will be recorded in each member’s account at the National CAI office.

Going forward, the CAI-CV Board has asked that the chapter host this course two times each year.

The CID Law Course will be offered again at the California Statewide Legal Forum at the Sheraton Universal on Thursday, October 19, 2017. CAI members may sign up online at www.caionline.org.

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CHAPTER EVENTS

SAVE THE DATE Friday, September 22, 2017 Professional Speaker & Comedian Mary Feeley Tickets Available Online at WWW.CAI-CV.ORG

The Humor Advantage Personal and Professional Success with Humor

Y

ou will enjoy the perfect blend of humor and honest insight when Mary Feeley unleashes the power of humor.

She will speak from her unique perspective as a business owner, motivational speaker, comedian and as a homeowner in a HOA on how humor will give you the ultimate advantage.

For a community to survive, succeed and prosper, community managers, vendors, board of directors and community volunteers must work together to create a culture that is strong yet flexible to meet the changing needs of the community and be responsive to those needs. This places a significant responsibility on you to become a team player that is adaptable and can communicate with all personality types.

Mary will show you how positive and appropriate humor is a powerful communication device. Humor has the power to enhance your image, reduce conflict, and create a true culture of teamwork. You will also learn how the humor advantage can assist with negative emotions and challenges of change.

Community management is high stress and constant problem solving of many negative situations such as roofs, road issues, angry homeowners, budget restraints, landscaping, pets, parking, and pests. Humor is a vital coping device as it is inherent in its ability to transform the negative into the positive and assists in providing a positive attitude.

This hilarious and insightful program will leave you laughing and provoke you to make positive personal and professional changes in your life.

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21

2017 PLATINUM SPONSOR SPOTLIGHT CAI-CV

For over 10 years, Bissell Design Studios, Inc. has provided fresh, new design concepts and product to businesses and organizations nationwide. We are proud of our heritage. Our founder, Rodney Bissell, comes from a long line of artists and entrepreneurs working in industrial and interior design, graphic design, and even the fine arts. For three generations, each family business has earned a reputation for integrity and loyalty.

Maintaining a healthy relationship with our clients is a top priority.

Bissell Design Studios Inc. is committed to providing creative solutions customized for each client. “Finding art in everything” is more than a tag line. Everything we see has design. Our job is to find the true potential that each design holds for our clients. Our goal is to help you find the “art” in your company and then express that art creatively in your communication and design pieces.

Owner and Creative Director, Rodney Bissell, started Bissell Design Studios in 2007. He had been working as a senior designer at a marketing firm for seven years and felt the time was right to follow in his family’s footsteps and open his own graphic design company. Since the beginning, Bissell Design has helped its clients stand out from the competition. We work diligently to create the best design possible to reach the goals of each project, meeting clients’ needs and exceeding their expectations.

Bissell Design offers a broad spectrum of services to our clients from print design, catalogs, magazine and publishing to marketing, branding, web design and more. We’ve even designed skateboards (Rodney is an avid skateboarder when he can find the time).

AS AN ACTIVE DESIGN FIRM IN THE AREA, WE STRIVE TO SERVE BUSINESSES, ORGANIZATIONS AND COMMUNITIES BY: • Focusing on creating design that will best communicate the clients’ mission as well as motivate and engage their target audience.

• Providing creative services for effective print/web media and mobile devices.

• Collaborating with and directing freelance designers.

• Managing production deadlines and clients’ budgets efficiently, while juggling several projects at once.

• Assisting clients with website updates through CSS, HTML and other CMS. • Maintaining long-term working relationships with satisfied clients.

• Increasing clientele through recommendations from past and present clients.

Bissell Design Studios, Inc. is proud to be an active member of CAI-CV. We have seen firsthand the invaluable commitment CAI-CV shows their members and look forward to participating in the community in the future.

Bissell Design Studios Inc. | 4140 Oceanside Blvd Ste 159-334 | Oceanside, CA 92056 714-293-3749 | rodney@bisselldesign.com | www.bisselldesign.com

Thank you to Bissell Design Studios Inc. for their generous support of CAI-CV! 22

Quorum August, 2017

WELCOME ABOARD

By Jay Powell

R ONT C O N

#1

In Customer Service

A big Welcome Aboard to one of DRM’s newest managers

Steffani Miller, Esq.

When it comes to qualifications and business background, Steffani has outstanding credentials to be a community manager. As a licensed attorney with an undergraduate degree from San Diego State University, Steffani is prepared for just about anything a community manager will face. To top it off, she spent 14 years handling construction default lawsuits. Steffani is married to Indio Mayor Glenn Miller, and they live in an association in Indio.

Steffani is working on her CAI designations.

She has passed the M100 and taken the CID Law Course. Asked what she enjoys about this business, she said, “I love that every day is different.

Unlike working in a law office with hours studying and preparing legal documents, I am enjoying working directly with community leaders, association boards and residents.” She also said she enjoys the fast pace and challenging issues.

Some of her mentors include veteran managers at DRM Carl McCullough and Julie Mogolis.

She noted that she enjoys the Associa corporate structure and credits Mark Dodge’s and Rhonda Drews’ leadership for creating a professional atmosphere where employees get along and support each other.

Steffani said she plans to volunteer for a CAI-CV Committee next year and attend CAI functions and get more involved in our chapter.

Please join us in welcoming Steffani Miller to the Chapter!

Jay Powell is the Business Development Manager for Ben's Asphalt. He can be reached at 760-413-2466 or by email at jay.powell@bensasphalt.com.

!

ACTS

AL • HOA'S COMMERCIAL • RESIDENTI

760-328-6115

Family Owned & Locally Operated 68920 Adelina Rd, Cathedral City, CA 92234 FrazierPestControl.com • Lic. # PR5204

ANTS • ROACHES • TERMITES • RODENTS • SPIDERS • BEES/WASPS • PIGEON PROOFING

CA LIC. #907600 AZ LIC. #286198

www.brsroofing.com

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

Fernando Fregoso (760) 772-3673

fernandof@thevintageco.com

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23

FEATURE

Landscape Enhancement – The New Desertscaping

By Jim Schmid

Newer artificial turf materials look like real grass and are easy to maintain

M

ost of us have at least a basic understanding of what desertscaping is: using water efficient plants and inert ground cover materials in place of wall-to-wall turf. During the drought California experienced over the past 5 years, and the increased water costs and penalties for high usage that came along with it, the process of turf removal throughout the valley has accelerated. Communities who may not have even had turf removal or water conservation on their radar have taken the plunge.

Now is the time to start thinking about and planning for our next drought. While none amongst us has a crystal ball, all signs indicate that the costs of water will continue to rise, and the availability of water will continue to shrink, as more development and growth compete for declining supplies. How will your community respond to the next crisis? Is green grass so important to your residents that you will pay for the water no matter what the costs? Will the water be available to you even if you are willing to pay, or will state or local restrictions force a curtailment of your use no matter what? Is there a compromise somewhere in the middle that will allow for some turf to be removed and replaced with water efficient plants, while retaining green grass in key areas?

For most desert communities that have not done so already, some degree of turf removal will be a reality in the future.

With that in mind, we can apply one of the lessons learned during the last few years; landscape conversions that were well planned and properly budgeted and funded have worked out well. Plants in these areas have thrived, existing trees have survived, and new trees have grown. Most of these areas will continue to look good for years to come as they develop and mature. Conversions that were implemented hurriedly and cheaply have struggled. Plants are sparse, existing trees have died, and thinly applied DG has worn through to the dirt or liner, or washed out. Communities in these situations will

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have to decide whether to leave these areas in their unsightly condition or to go back into these areas and spend more money to make corrections.

Will your community be prepared for the next round of drought? The following may encourage you to get started: • CVWD, the agency that serves water to most HOAs in the valley, has just increased the rebate for turf removal for domestic water users to $2.00 per square foot. This is double the amount that was offered

Poorly implemented landscape conversions deteriorate quickly and need attention

during the last drought and in many cases may cover half or more of the cost of your landscape conversion.

Rebates are capped at $50,000 per project, however, don’t count on that during the next crisis. You may also consider a phased approach to implementation, i.e. breaking the total project up into smaller parts, so that more rebates can be applied for.

• Now that the pace of landscape conversions has slowed throughout the valley, pricing for landscape construction has become more competitive. As with any other service, when business is brisk prices rise, but when business slows, prices generally decline. Waiting until the next drought to take out turf will virtually guarantee a higher cost.

• If your association is not ready to get your project started right away, now is the time to (1) set up a funding plan, (2) find a licensed architect, and (3) work on community outreach. Find out what your residents want to see moving forward and what they are willing to accept. Consider funding landscape enhancements through your reserve account, and get the opinion of your reserve specialist or attorney if needed. Work with your landscape architect to develop a landscape concept and prepare cost estimates. A landscape enhancement is a long-term, highly visible, and costly proposition. Getting help from a professional designer can ensure that the money is well spent and the new landscape will look good for years to come.

Water efficient plants can enhance areas where turf has been removed

Save more with new rebates!

CVWD is now offering turf conversion rebates of $2 per square foot up to 10,000 square feet for residential customers and up to 25,000 square feet for HOA’s/businesses.

To participate, you must apply at www.cvwd.org/rebates.

Pre-approval is required.

Stay connected with us!

(760) 398-2651 www.cvwd.org

What’s new in desertscaping?

For starters the term desertscaping is giving way to more accurate descriptions. Desertscaping revolves around the use of a small palette of desert native plants and inert ground cover material. It has become more common to hear landscapes described more accurately as “lush and efficient”, or “water efficient landscaping” rather than desertscape. Landscape enhancement has often been used as a term to replace turf removal. These three terms take into account that plant material is used from a wider palette, and in many cases, the removal of some turf can actually improve the appeal of landscaped areas. There are a wide variety of plants that are viable and effective choices in today's water efficient landscapes. CVWD publishes the book, “Lush & Efficient,” which contains a wide list of recommended trees and shrubs well suited to desert use.

There are great options available for landscape enhancement that can look as good or better than wall-to-wall grass.

A successful conversion depends on proper planning, appropriate funding, and an experienced professional designer to guide you through the process.

Jim Schmid is the Director of Operations at The Lakes Country Club. He can be reached at 760-610-8142 or by email at jschmid@thelakescc.com.

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25

MAINTENANCE

We are Professionals and Would Never Hire an Unlicensed Contractor!

Wanna’ Bet?

By Dan H. Stites, P.E.

F

or those of us involved in CAI, it is common sense that we simply do not hire unlicensed contractors. We understand the issues of work quality, liability for injury or damages to third parties, liability for the employees of those contractors due to lack of workers compensation insurance, and the potential negative impact on property values due to the requirement to disclose that work was completed by unlicensed contractors.

We also understand that our own property insurance may not cover damages, say from a fire, caused by that unlicensed contractor and that it is unlikely that the unlicensed contractor would have his own liability insurance. We simply do not take those risks to save a few dollars. Or do we?

What few realize is that "contractors’ licenses" are very specific as to the scope of work the contractor is allowed to perform and that the contractor is not allowed to perform outside that scope, without the applicable license. "Performing work without an applicable license" is the definition of "Unlicensed Contractor." So, for example, if you were to hire a roofing contractor to replace a roof and the contractor does some structural modifications that would require a B General Contractor’s license, your licensed Roofing Contractor is also an Unlicensed General Contractor and brings with him/her all of the evils described in the opening paragraph above.

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So, how does this relate to Landscape Contracting? The California Contractors State License Board describes the C-27 - Landscaping Contractor specialty as follows: A landscape contractor constructs, maintains, repairs, installs, or subcontracts the development of landscape systems and facilities for public and private gardens and other areas which are designed to aesthetically, architecturally, horticulturally, or functionally improve

"IF YOUR CONTRACTOR DOES NOT HAVE THE APPLICABLE LICENSE FOR THE WORK THEY ARE PERFORMING, THEY ARE JUST ANOTHER UNLICENSED CONTRACTOR!" the grounds within or surrounding a structure or a tract or plot of land. In connection therewith, a landscape contractor prepares and grades plots and areas of land for the installation of any architectural, horticultural and decorative treatment or arrangement.

This is one of the broadest scope of work definitions among specialty contractors. The Contractors State License Board’s use of "landscape systems and facilities" in conjunction with "aesthetically, architecturally, horticulturally, or functionally

improve the grounds within or surrounding a structure or a tract or plot of land" gives the landscape contractor broad latitude in terms of the work that he/she can perform himself or hire other subcontractors to perform.

In addition to the "obvious" scopes such as grading, irrigation, drainage, trees and greenscape, concrete and hardscape, and landscape lighting, a landscape contractor can build patio covers, outdoor decks, run gas and electrical services, build site perimeter walls, and multiple other trades.

In fact, the Contractors State License Board states on its website that a landscaping contractor may undertake any single trade contract, provided such work is a part of: "landscape systems and facilities...which are designed to aesthetically, architecturally, horticulturally, or functionally improve the grounds within or surrounding a structure or a tract or plot of land..." (http://www.cslb. ca.gov/About_US/FAQS/Building_Official_ Information_Guide.aspx ).

There are a few important exceptions to this "broad brush" authority. If demolition of an existing structure is involved and asbestos is likely present, the asbestos testing and abatement must be performed by properly licensed firms. There may also be certain structural elements that, on a case-by-case basis, may be excluded from the landscape contractor’s authorized scope of work, such as highly structural perimeter walls, or certain second story decks, in particular, those which are waterproof. One good approach is to review the complete scope of your particular landscape construction project, then consult with your local building officials to determine the specific licenses required for those scopes. Other sources of information are local construction consultants, the Contractors State License Board, and, obviously, capable and reputable landscape contractors themselves.

The key takeaway from this is that you need to be careful to ensure that your contractors, whether landscape, roofing, painting, or others, have the applicable licenses for the scope of work they are performing for you. Otherwise, they are just another unlicensed contractor!

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.

Contractors Lic. # 235717

WESTERN PACIFIC Roofing Corporation

Since 1949

“Complete Roofing Services” Repairs • Re-roofing Roof Inspection • Maintenance Programs Polyurethane Foam • Built-up • Tile • Patios 3462 La Campana Way, Palm Springs, CA 92262 Phone (760) 416-5877 Fax (760) 320-8912 FIND US ONLINE AT www.westpacroof.com

760-250-6232

Peggy@PeggyRedmonLaw.com

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27

FEATURE

Landscape Lighting: To Be or Not to Be “LED,” That Is the Question

By Cameron Bridges

F

or many of us, lighting has always been seen as a simple commodity that we use in our everyday lives. There was never much thought behind what to do when a lamp went out. You simply go to the hardware store or aisle of the grocery store that had a limited assortment of lamps and picked the one that fit your need. How easy was that?!

Now you go to that same hardware store and find that there is no longer a “limited” assortment, in fact what you find is a wide array of options and for some of us the task can be quite daunting to select a product.

You find yourself asking: "What wattage do I need? What color temperature do I currently have? Which brand is the best?"

For many of these questions there are multiple answers, but in today’s electrical world there is one question that has a very simple answer… Do I convert my lamps and fixtures to LED? The answer is a resounding YES! I can already hear what the critics are saying about LED’s: They are too expensive, they don’t provide the color option I want, and they are too bright!

If you were saying this 10 years ago, you were right. But with advanced technology, LED’s have improved in not only efficiency but color rendering and are now more relevant than ever. You can have all of the things you wanted back then and now it is at a reduced cost.

The option to go to LED is not limited to the lamps in your home, it is far reaching, and for today’s HOA, LED conversion opportunities are everywhere. As you drive the roads and walk the common areas in your HOA, take a look at the lighting fixtures around you. Depending

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on whether you live in a condo association or a planned unit development, what you see can be different. The most common lighting component we find in all HOAs is landscape lighting.

Landscape lighting specifically has many layers. You have your standard flood fixtures that light your entry monuments, you have the bullet fixtures that light up your palm tree canopies, and you even have the concrete bollards that light your pathways. All of these fixtures provide an important lighting

effect and aesthetic in our communities. But simply having these fixtures is not enough anymore. The questions many community managers and board members are posing today is: How energy efficient are the fixtures/lamps we have? How durable are the fixtures we have? Are our fixtures non-sealed or integrated?

All of these are valid questions. When looking at your common area lighting here are some important things to know:

FEATURE 1. THERE IS A DIFFERENCE BETWEEN AN LED CONVERSION AND A LED RETROFIT When evaluating an HOA’s common area lighting, the first question you have to ask is what is the condition of our fixtures? If the condition of the fixtures is moderate to fair, then you can conduct an LED retrofit. What this means is you can keep the existing fixture and install an LED lamp. Some fixtures require a little more work as you have to bypass some of the internal components to allow for the LED install, but it is still worth it when you factor the energy and maintenance savings.

I’m sure you are ahead of me and now know the definition of an LED conversion. With LED conversion an HOA will remove the existing fixtures and install new. This is a great option for any HOA that is looking for a new look or have lighting fixtures that have outlived their useful life. This is a great time to get back to some of the common items that are discussed when going through a conversion process – fixture durability, integrated fixtures vs. non-sealed and color temperature.

2. FIXTURE DURABILITY Not all fixtures are created equal. We all know the age old remark of “you get what you pay for”; in landscape lighting this is only partially true. You don’t have to empty the entire piggy bank when looking to obtain a quality LED product.

In fact there are many options on the market that provide durability and staying power for a fraction of the cost.

What we can say is that brass is best, cast aluminum is nice and plastic is plastic.

sealed with the internal LED components protected from elements such as water, sand and debris.

Non-sealed fixtures come just as it sounds.. You will purchase the fixture and then purchase a LED lamp to install in the fixture.

The benefit in going with an integrated fixture is you normally have a minimum 5 year warranty from the manufacturer, and have peace of mind knowing you won’t be dealing with a separate lamp warranty or debris intrusion. Also, integrated fixtures, depending on the brand, are competitively priced with non-sealed fixtures. If you ask lighting professionals today, they will tell you integrated is the way to go.

4. COLOR TEMPERATURE This may be one of the most overlooked components in lighting. Simply put, there is a big difference between lighting your community with a “cool white” effect versus a “warm white” effect. It gets down to preference but an easy rule of thumb is to remember that cool white lighting is designed for clarity, security and performance, while warm

white lighting is designed for a welcome ambience and a soft look. The one thing you want to make sure of is that regardless of what color light you choose for your fixtures, make sure it is consistent.

As you can see, lighting is a bit more complex than it once was. The bottom line is taking a look at your HOA’s financial bottom line and realizing the conversion or retrofit to LED in your community is the easiest way to put real dollars back in the HOA’s pocket. The energy savings and overall maintenance savings cannot be denied.

Cameron Bridges is a Regional Sales Consultant with Horizon Lighting Inc. Their office is located in Palm Desert. If you have any questions or would like more information about services provided by Horizon, you can visit their website at www.horizonlightinginc.com, or you can contact Cameron directly at 760-567-8299 or via email at Cameron@horizonlightinginc.com.

3. INTEGRATED FIXTURES VS. NON-SEALED This topic directly correlates with fixture durability. When selecting a replacement fixture you need to strongly consider whether the fixtures will be integrated or non-sealed. Integrated fixtures arrive to your door factory

COOL WHITE

WARM WHITE

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29

FEATURE

Lake Infrastructure Maintenance

By Jim Schmid

Fountains and waterfalls add appeal but require periodic replacement

M

aintenance of aesthetically pleasing water features on your property requires both an ongoing maintenance plan for day-to-day needs as well as a good long term plan for the maintenance, refurbishment, and replacement of equipment and infrastructure. For short term needs, a qualified maintenance professional can help with the design and implementation of a program to treat the water features and keep them clean and clear.

Longer term needs can be expensive and should be mapped out and reserved for well in advance of the need for replacement. • Most lakes have pumps or fountains designed to circulate water and without these functioning properly your water features can quickly turn into big stagnant puddles where quality will decline quickly. A regular preventative maintenance program should be established for circulation systems, and a replacement schedule should be established so that funds can be set aside. The lifespan of your equipment will depend on a number of factors including usage, type, maintenance, and others.

Pumping systems will generally last 10-20 years

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Waterfalls require large pumping systems

FEATURE before major work is needed. Fountains can last 10 years or more. Costs for replacement of pumping systems vary widely, but in many cases, costs will run into the tens or even hundreds of thousands of dollars. A pump professional can assist in evaluating the current condition of pumps, developing a regular maintenance schedule, as well as forecasting the remaining life and replacement cost. Pumps can be tested for efficiency. As pumps age their efficiency declines. As a pump gets older, each unit of electricity input pumps less water. All pumps will eventually decline in efficiency to a point where replacement may pay for itself in just a few years in the form of savings on an electric bill. A proper efficiency test will reveal not only the efficiency of the pump, but will also show the savings in electrical costs that could be realized through a pump replacement.

• Electrical equipment, including the electrical meter pedestal, may be ready for replacement after 20-30 years, and should be included in reserve planning.

• Many water features are designed with aerators, filters, sonar systems, ozone generators, or other equipment designed to improve the quality and clarity of the water. Again, these should be maintained regularly and replacement should be planned for.

Floating fountains can add interest but do not last forever

• Over time, accumulation of organic matter on the bottom of lakes can make management of water quality difficult. Sediment removal may be needed every decade or so. Sediment removal is usually accomplished through dredging, which is somewhat costly in comparison to regular ongoing maintenance.

• The most significant expense associated with water features is typically the basin in which the water sits (the lake itself).

Most larger bodies of water in the desert are constructed with a plastic liner, and concrete shell or border. Average life expectancy of these systems are typically estimated between 20 and 40 years depending on construction materials and methods. In most settings in the desert, once the plastic liner fails, replacement will be required, as the sandy soils in most locations will result in significant leakage. Replacement costs for the lake basin can range from $120,000 - $250,000 per acre or more. Liners can fail for a number of reasons including soil settling, degradation from sunlight, and old age.

Electrical equipment for pumps will require replacement

Circulation systems may be simple but still require maintenance and replacement

Water features can add beauty and appeal to any landscape, but will certainly add costs in both the long and short term. Short term maintenance can only be accomplished successfully if your long term maintenance plan ensures that all components of the systems are in good working order.

Jim Schmid is the Director of Operations at The Lakes Country Club. He can be reached at 760-610-8142 or by email at jschmid@thelakescc.com.

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FEATURE

Beautiful, Inviting Water Features are Easy to Maintain

By Patrick Simmsgeiger

Y

our dreams have come true… the property is beautifully landscaped with running streams, cascading ponds and water features. Take a moment to enjoy the beauty, the simplicity. Everything has been planned out carefully. Everything is in balance.

To the casual observer, it may seem that water features maintain themselves. But many don’t realize that streams and ponds are living, growing ecosystems that if left unchecked, can get out of whack. Then you have real problems.

Some basic biology of aquatic ecosystems is needed to understand the underlying forces of lakes, ponds and streams. They are not merely large swimming pools where you can get by with just skimming the surface. If you know the root cause of the problem, workable solutions fall into place.

Green plants and algae use photosynthesis to convert nutrients into usable materials so they may grow, flower and reproduce.

Energy from sunlight drives this process, using elements like nitrogen, carbon dioxide, phosphate and iron, and like magic, creates new plant growth and oxygen.

All ecosystems operate best when there’s a balance between the elements that go into the system, and the products it releases. So you see, there’s much more to water features than clearing away leaves.

HERE ARE PROBLEMS COMMON TO PONDS AND STREAMS: • pH is a measure of how “acidic” or how “basic” the water may be and is ranked on a scale of 1 to 14 with 7 being neutral (balanced). Low numbers represent acids while high numbers indicate good alkaline or salt solutions.

Evaporation, field run-off, salts and minerals all affect the pH. Water circulation, aeration and addition of chemical can restore a pond or stream to its proper pH quickly.

• Foam is particularly unappealing, caused by soaps, cleaners, and dead organic matter such as plants and animals. When correctly applied, de-foamers and other chemical can solve the problem almost overnight.

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Quorum August, 2017

FEATURE which in turn, may lead to plant die-off, loss of fish and wildlife. Proper water circulation, filtration and aeration can keep these problems in check.

• Algae is a good thing in small amounts. When lots of additional nutrients are available, algae can go crazy with rapid growth called “blooms.” This can cause the water to look cloudy and dirty (turbid) and smell like rotting garbage. It slows down photosynthesis and can increase ugly foam mats to appear. Left untreated, bigger problems start to appear, such as plants, fish and other wildlife may die-off.

• Natural pesticides are good at knocking down annoying pests, but over-spraying may cause fouling of the water system. Stronger pesticides eliminate the bugs very quickly, however, run-off can threaten fish and wildlife. Ultra fine oil, insecticidal soaps and carnivorous snails may be good alternatives.

• Artificial dyes can enhance water features to give you the pristine blue-green color that’s so inviting and peaceful. Too much can interfere with photosynthesis,

Know your water features and know your limitations. Know when to call a professional before the problem becomes overwhelming. If diagnosed early on, treatments can produce visible changes almost overnight, saving you time and money.

Patrick Simmsgeiger, Founder and President of DWI, is a licensed Aquatic Pesticide Applicator, Landscape Contractor and a Certified Lake Manager.He is one of the few individuals in the industry who is an expert in all stages of aquatic treatment from product development and manufacturing to application and treatment. He can be reached at 760-837-3700 or pat@dwiwater.com.

Oct. 20, 2017 | Universal City, CA

CAI

Legal

Forum CALIFORNIA COMMUNITIES

A one-day event for California community managers, association board members and other homeowners from Community Associations Institute—the leader in HOA education, advocacy and professional development.

Critical updates on important legal requirements that impact how you work.

Essential information on key legal developments that impact where you live.

For event details and registration, visit www.caionline.org/events/CALaw or call CAI Member Services at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET).

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HOMEOWNERS ASSOCIATION LAW

HOA Liability for Discriminatory Harassment: A Primer

By Sandra Gottlieb, Esq.

T

itle VIII of the Civil Rights of 1968, also known as the Fair Housing Act (“FHA”), is a federal law which prohibits discrimination in housing and housing-related services due to race, color, religion, sex, national origin, disability, and familial status. Because the FHA applies to entities that set terms and conditions for housing and provide services and facilities in connection with housing, it applies to HOAs and other community associations. By now, most HOAs across the country are already aware (or should be aware) that, in 2016, the U.S. Department of Housing and Urban Development (“HUD”) amended its federal housing regulations to firmly establish association liability for discriminatory conduct by its board, directors, employees, and even by residents.

Particularly concerning to HOAs are the new regulations regarding discriminatory harassment and third-party liability, which may also be the most difficult sections to understand for board members and management.

Quid Pro Quo and Hostile Environment Harassment Suppose that Happy Acres HOA’s on-site manager Mark has openly expressed his fondness for homeowner Helga by whistling and making cat-calls at her when she passes his office on her way to the gym. He has asked her out on dates several times, even after she 34

Quorum August, 2017

declined and explained that she was married with three kids. One day, when Helga emailed Mark to request guest passes for her son’s birthday party, he responded by saying, “come see me in my office in your gym clothes and we’ll see what we can ‘work out.’”

Does Helga have a housing discrimination claim against the HOA? Is the HOA liable for its manager’s conduct?

HUD’s new rule adds 24 C.F.R. § 100.600, which formalizes an HOA’s liability for “quid pro quo” harassment and “hostile environment” harassment in the housing context. Quid pro quo (or “this for that”) harassment refers to an unwelcome request or demand to engage in conduct (due to race, color, religion, sex, national origin, disability, or familial status) where submission to

the request or demand, either explicitly or implicitly, is made a condition related to the provision of services or facilities.

In the HOA context, this often occurs when an HOA manager or employee requests or demands sexual favors from a resident in the community in exchange for his/her use of community facilities or services, as depicted in the example

above, where Mark, as an agent for the HOA, requested sexual favors from Helga in exchange for the guest passes she requested.

Hostile environment harassment refers to unwelcome conduct (due to race, color, religion, sex, national origin, disability, or familial status) that is sufficiently severe or pervasive as to unreasonably interfere with the provision or enjoyment of services or facilities. This can occur when, as illustrated in the example above, a resident who is attempting to make use of an association’s services or facilities (e.g., a gym, pool), and is repeatedly subjected to cat-calls, sexual comments or other lewd conduct by an HOA employee or manager. Under the new HUD regulations, an HOA can be held liable for failing to correct the sexually harassing conduct.

Note that the actionable conduct is harassment based on sex, race, religion, and the other protected characteristics under the FHA. For instance, an HOA can be held liable where its security guard utters racial slurs at black and Hispanic residents, or where a board member requires a Muslim condo owner to leave his backpack outside before attending the annual meeting of the members. But what if the harassing conduct is perpetrated by one resident against another? Can the HOA be held liable for neighbor-to-neighbor harassment? Under the new amendments to the FHA the answer is yes.

Third-Party Harassment Liability: HOA Liability for Harassment by Residents, Guests, and Other Third Parties Perhaps the most consequential provision in the new regulations is the expansion of HOA liability for the discriminatory conduct of a third party,

HOMEOWNERS ASSOCIATION LAW such as a resident, guest, an outside vendor, etc. Suppose that Helga, from the above example, was also being harassed by her neighbor Nate, who would often yell anti-Semitic comments to Helga and her family and draw swastikas on Helga’s car windows in the middle of the night. Helga complains to management, but the board refuses to get involved in “neighbor-toneighbor” disputes. Can the HOA be held liable for failing to take action against Nate?

Under 24 C.F.R § 100.7(iii), an HOA is “directly liable” for “[f]ailing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the person knew or should have known of the discriminatory conduct and had the power to correct it.”

(Emphasis added.) In other words, an HOA can be held liable for a resident’s harassment of another resident when: (1) the harassment is based on race, color, religion, sex, national origin, disability and familial status; (2) the HOA knew or should have known of the harassment; (3) the HOA had the power to correct and end the harassment; and (4) the HOA failed to take prompt action to correct and/or end the conduct.

As applied to our example, Nate’s harassing conduct was clearly based on Helga and her family’s Jewish religion.

Helga complained to management, so the HOA knew of Nate’s conduct. But does the HOA have the power to correct Nate’s conduct? As explained by HUD, “a community association generally has the power to respond to third-party harassment by imposing conditions authorized by the association’s CC&Rs

or by other legal authority.” For instance, if the HOA’s CC&Rs prohibit nuisances, the HOA could have imposed violation fines against Nate for causing a nuisance to Helga and her family. By failing to do so (or failing to do anything at all), the HOA will likely be found liable for Nate’s

discriminatory conduct.

To avoid liability, an HOA board must take some action to address any alleged discrimination by residents or other people within its authority. If a manager or board member receives a complaint concerning neighbor-toneighbor discrimination, some action must be taken. However, what action is appropriate is a fact specific question.

Most neighbor-to-neighbor disputes do not really involve “discrimination,” at least not the kind of discrimination that we usually associate with Fair Housing complaints. But determining what is or is not “discrimination” is not always that easy.

This new law makes it clear that HOAs will likely need to look closely at and take action in what appears to be a neighborto-neighbor dispute if it appears that there is some sort of discrimination involved. The failure to do this may lead to the association being named in a lawsuit, and potential liability for monetary damages.

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What’s an HOA Board to do?

So, you ask, what type of corrective action is required? As stated, that depends on the circumstances. It may include verbal and/or written warnings and demands that the offensive and discriminatory conduct stop, legal action, including harassment restraining orders and/or reporting the offensive conduct to the police.

Note that if a board member is doing the harassing, that board member must, of course, be kept out of any executive decisions relating to the harassment complaint.

In light of the potential liability and the sensitivity of the situation, if an HOA receives an allegation of discriminatory conduct, it should contact legal counsel for guidance. Moreover, HUD recommends that HOAs do the following: • Educate board members, employees and managers about the FHA and the types of discrimination about which they should be aware and on the look out for; • Develop and publish antidiscrimination policies/ rules for the association; • Act promptly to address complaints from residents; • Mediate disputes between residents; • Use enforcement provisions under the CC&Rs to correct and end discriminatory conduct.

Sandra L. Gottlieb, Esq. is the managing partner and head of the transactional division of SwedelsonGottlieb, a law firm that exclusively represents homeowners’ association throughout California.

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MEET YOUR BOARD MEMBER

Cardinal Ambrose CCAM, CMCA, AMS

By Cal Lockett Director Cardinal Ambrose is a certified and CAI designated manager for Albert Ma nagement, Inc. Cardinal was born in Orange County but raised on a farm in North Central Iowa.

Her earliest memories are of cows, pigs and horses. Missing her OC roots, Cardinal moved back to California in 1981 to work for Security Pacific National Bank. In 1999, Cardinal decided to pursue her higher education, and over the next few years, accomplished both undergraduate and graduate studies in Tennessee, graduating with a Bachelor of Arts and Master of Business Administration degrees from Trevecca Nazarene University in Nashville. While attending school, she worked fulltime as a business banker, responsible for overseeing business accounts for five Metro Nashville branches of AmSouth Bank. Moving back to California in 2005 to work for contractor Guy Evans, Inc., Cardinal entered the building industry. She then went to work for Orr Builders in Palm Desert. CAI-CV recruited Cardinal to serve as their executive director in 2008. After working with CAI-CV, Cardinal moved to Albert Management in 2010.

Cardinal has served on the CAI-CV board for two years. She served on the Chapter’s Membership Committee for four years; one year, as co-chair and two years as Chair.

She has written articles and has been a contributing author for Quorum magazine and currently serves as co-chair of the Education Committee. And, yes, it’s true that President Elect Gen Wangler, Esq. is Cardinal’s sister.

Asked for a quote, Cardinal said, “I’m grateful for CAI’s efforts to promote education and professionalism at all levels of the CID industry.” CAI-CV thanks Cardinal for her years of inspirational service to CAI-CV. 36

Quorum August, 2017

WELCOME ABOARD

By Jay Powell

MILLENNIUM Community Management

The principals of Millennium Community Management are Kym Hansele and Scott Merle. As the founding partner, Kim Hansele started the company in Orange County more than 20 years ago. Kim is a UC graduate with a degree in accounting. Kim is married with two children and a grandson on the way. She is a retired soccer mom who enjoys gardening, sailing, swimming, and most water sports.

Kim used her accounting degree to land her first job as an accountant with a Fortune 500 firm, but after the birth of her daughter, she decided to make a long-term career change and accepted her first position in HOA community management. She liked it so much she opened her own company in Orange County in the mid 90’s. With the renewed growth in the Coachella Valley, Kim decided the time was right to expand her horizons and open a second branch in Palm Desert last year.

Scott Merle, on the other hand, is from New York. After completing his education in upstate New York, Scott entered the military. After receiving his basic training at Fort Leonard Wood Missouri, he was transferred to Indiana and then stationed in Panama. After his military stint he returned to Rochester, New York before permanently relocating to California 24 years ago. Scott is a family man, and enjoys music, travel and shopping.

Millennium Community Management considers themselves more of a boutique management company with an emphasis on high quality accurate accounting, as well as superior customer service. They believe the key ingredient to their success is excellent communication with their clients, fast response to emails and phone calls as well as following through with all aspects of managing their properties.

As they move forward with their new office in the Coachella Valley, their goals are to increase client recognition and visibility, which will allow them opportunities to manage more properties. According to Scott, “We understand and appreciate the board members that volunteer their time to help make their community a better place to live for their neighbors and friends. Millennium is committed to do everything they can to lighten the load on these community volunteers.” Millennium’s Palm Desert office is located at 75145 St. Charles Place, #3, in Palm Desert. Their Director of Marketing is Nancy Stegehuis. Nancy can be reached at 760.834.8948 or by email at nancy@mcmiskey.com. More information about Millennium Community Management can be found on their website at www.mcmiskey.com.

Jay Powell is the Business Development Manager for Ben's Asphalt. He can be reached at 760-413-2466 or by email at jay.powell@bensasphalt.com.

ADVERTISERS

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38

Quorum August, 2017

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

GREEN IS FOR LOCAL EVENTS

SEPTEMBER

CAI-CV UPCOMING EVENTS

CAI’s M202 Course (for managers) WHEN: Thursday-Friday, September 7-8, 2017 WHERE: Santa Ana CAI’s Large-Scale Workshop (for managers) WHEN: Thursday-Saturday, September 14-16, 2017 WHERE: Sugar Land, Texas CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) Don’t Miss Professional Speaker and Comedian Mary Freeley WHEN: Friday, September 22, 2017, 11:15 Registration WHERE: Palm Valley Country Club, Palm Desert

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

AUGUST Manager on the Run (MOTR) (for managers) WHEN: Friday, August 4, 2017 WHERE: The Classic Club, Palm Desert CAI’s M201 Course (for managers) WHEN: Thursday-Friday, August 10-11, 2017 WHERE: Santa Ana CAI’s M100 Course (for managers, board members) WHEN: Thursday-Saturday, August 17-19, 2017 WHERE: Los Angeles CAI-CV’s Day at the Races (for all members) WHEN: Friday, August 18, 2017 WHERE: Del Mar Race Track CAI’s M206 Course (for managers) WHEN: Thursday-Friday, August 24-25, 2017 WHERE: San Diego

OCTOBER CAI-CV’s Manager on the Run (MOTR) (for managers) WHEN: Friday, October 6, 2017, 8:30 a.m.

WHERE: Sunshine Landscape, Thousand Palms CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, October 13, 2017, 11:15 a.m.

WHERE: Palm Valley Country Club, Palm Desert CAI’s California Statewide Legal Forum (for all members) WHEN: Friday, October 20, 2017 WHERE: Sheraton Universal, Universal City CAI-CV’s Annual Oktoberfest Celebration (for all members) WHEN: Friday, October 27, 2017, 5:30 p.m.

WHERE: Sunshine Landscape, Thousand Palms

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