Quorum May 2019

MAY 2019

MAY 2019

C A I N AT I O N A L A C H I E V E M E N T AWA R D S

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ACHIEVEMENT AWARD

ACHIEVEMENT AWARD

ACHIEVEMENT AWARD

ACHIEVEMENT AWARD

Member Services Quorum Magazine

Membership Community Association Management as a Career Program

Chapter Management and Development New CAI-CV Classroom Project

Leadership HOA Living Brochure

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ACHIEVEMENT AWARD

NATIONAL MEMBERSHIP AWARD

Public Affairs CA Grassroots Program

Best Net Growth

Awards will be presented at the CAI National Convention on Friday, May 17th in Orlando, Florida.

7 EXCELLENCE AWARD Overall excellence in Public Affairs, Membership, Chapter Management & Development, Member Services, and Leadership

RESERVES ISSUE

28 Reserve Studies: Basics & Levels of Service 30 Reserve Funding Plans: Selling Out, Settling, or Succeeding 32 Common Legal Questions About Reserves (No Math Required) 34 Reserves and Why They Are Important

MAKING [COMMUNITY]

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

Associa Desert Resort Management is uniquely positioned to help your community accomplish any goals. Top-tier management, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified staff are committed to being your trusted advisors every step of the way.

CONTACT US TODAY! 42-635 Melanie Place | Suite 103 Palm Desert, CA 92211 | 760.346.1161

www.drminternet.com

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Quorum May, 2019

CREATIVE | BRAND | CONSULTING Proud to be a part of the 2018 award winning CAI-CV team!

(714) 293-3749 BissellDesign.com

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

BILL FITZGERALD PRESIDENT SUNTECHROOF@GMAIL.COM SUNTECHROOFING.NET

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

CONTRACTORS LIC. #1010435

Fernando Fregoso (760) 772-3673

fernandof@thevintageco.com

CAI-CV.org

facebook.com/CAICV

@CAI-CV

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CONTENTS

2019 QUORUM COMMITTEE MEMBERS

MAY 2019

MAY 2019

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CAI-CV

EDUCATED BUSINESS PARTNER

CAI-CV

EDUCATED BUSINESS PARTNER

ACHIEVEM

AL C A I N AT I O N

ACHIEVEMEN

s Public Affair Program CA Grassroots

presented at

al

the CAI Nation

ERSHIP AWAR NATIONAL MEMB h Best Net Growt

Friday, May Convention on

SIERRA CARR, CMCA Trilogy La Quinta

D

D

T AWARD

ACHIEVEMEN

DIANE CARMONY Coachella Valley Water District

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Awards will be

gement Chapter Mana nt and Developme New CAI-CV t Classroom Projec

Membership ement iation Manag m Community Assoc as a Career Progra

es Member Servicine Quorum Magaz

4 T AWARD ACHIEVEMEN Leadership re HOA Living Brochu

T AWARD

ACHIEVEMEN

T AWARD

ACHIEVEMEN

T AWARD

AWAR EXCELLENCE

Affairs, ence in Public nt Overall excell, Chapter Manageme Membership nt, Member Services, & Developme and Leadership

o, Florida.

RODNEY BISSELL, CO-CHAIR Bissell Design Studios, Inc. GEN WANGLER, ESQ., CCAL, BOARD LIAISON Fiore Racobs & Powers, A PLC

DS E N T AW A R

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JENNIFER JAMES, ESQ., CHAIR Green Bryant & French, LLP

CAI-CV

RESER VES ISSUE

EDUCATED BUSINESS PARTNER

17th in Orland

Service & Levels of Succeeding Studies: Basics Settling, or 28 Reserve red) Selling Out, Math Requi Funding Plans: Reserves (No 30 Reserve ions About Legal Quest 32 Common Are Important and Why They 34 Reserves

DEA FRANCK, ESQ. Epsten Grinnell & Howell, APC LISA GLOGOW, CMCA, AMS, PCAM, CCAM® PowerStone Property Management BRUCE LATTA, CMCA Parc La Quinta MARNE LOGAN, CCAM The Management Trust Desert Division

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GRACE PALUCK, CMCA The Management Trust Desert Division

32

Have You Heard?

KUMAR S. RAJA, ESQ. Tinnelly Law Group

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MIKE REY Rey Insurance Services A FARMERS® Insurance Agency CAI-CV

EDUCATED BUSINESS PARTNER

Congratulations to Lisa Glogow from PowerStone Property Management who just received her PCAM designation!

FEATURES 8

CAI-CV Wins Seven National Awards

By Cal Lockett, Executive Director

28 Reserve Studies: Basics & Levels of Service

SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC JIM SCHMID The Lakes Country Club DAVID SCHUKNECHT, CMCA, AMS Personalized Property Management STEVEN SHUEY, PCAM Personalized Property Management JOSH WIDENMANN MRC Smart Technology Solutions A Xerox Company CREATIVE DIRECTOR & GRAPHIC DESIGNER

CAI-CV

EDUCATED BUSINESS PARTNER

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

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

By Mallory Paproth

30 Reserve Funding Plans: Selling Out, Settling, or Succeeding

By Kevin Leonard, RS

32 Common Legal Questions About Reserves (No Math Required)

By Laurie S. Poole, Esq., CCAL

34 Reserves and Why They Are Important

By Lisa Glogow, CMCA, AMS, PCAM, CCAM 4

Quorum May, 2019

SUBSCRIBER SERVICES

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

Quorum Magazine is printed at the CAI-CV Office on a Xerox Versant 180 Press. Discounted printing is now available to CAI members. Call Bissell Design Studios, Inc. at (714) 293-3749 or the CAI-CV office for more information, (760) 345-0559.

ADVERTISERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP................................... 3

ASPHALT AMS PAVING.................................................... 42

22 26

ASPHALT MD'S................................................ 41 NPG ASPHALT.................................................. 18

ATTORNEYS FIORE RACOBS & POWERS, A PLC.................. 25 GREEN BRYANT & FRENCH, LLP...................... 27 GURALNICK & GILLILAND................................ 42

BANKING FIRST FOUNDATION BANK............................... 43

DESIGN BISSELL DESIGN STUDIOS, INC......................... 3

GATES & GARAGE DOORS

36

AUTOMATION PRIDE........................................ 43

LANDSCAPING CONSERVE LANDCARE.................................... 35

CHAPTER NEWS

CHAPTER EVENTS

7 CAI-CV New & Renewing Members Welcome Aboard

17 How Do You Feel About CAI-CV?

By Susan Browne Rosenberg 21 Lutringer Mediation Associates 29 Harrell's

25 CAI-CV Educated Business Partners 26 Tech Talk

How to Download and Access Facebook On Your Mobile Device

By Alison LeBoeuf

44 2019 Corporate Sponsors

By Steven Shuey, PCAM, CCAM

22 Lunch Program and Mini Trade Show

Bissell Design Studios Inc.

PRO LANDSCAPE INC...................................... 18

ASSOCIA DESERT RESORT MANAGEMENT....... 2

PEST CONTROL CARTWRIGHT TERMITE & PEST CONTROL...... 25 FRAZIER PEST CONTROL, INC......................... 42

April 19, 2019 Insurance Risks Hiding in the Bushes

POWERFUL PEST MANAGEMENT.................... 31

36 CAI-CV Annual Spring Golf Tournament

PALM SPRINGS REGIONAL ASSOCIATION OF REALTORS.................................................. 41

REALTORS

Friday, April 26, 2019

44 Upcoming Chapter Events

DEPARTMENTS 6 President’s Message 24 Platinum Spotlight

WATER RITE - VINTAGE ASSOCIATES, INC........ 3

MANAGEMENT

CAI-CV’s Strategic Planning

17 Education Is on the Move

PWLC II, INC. LANDCARE MANAGEMENT........ 31

RESERVE STUDIES ADVANCED RESERVE SOLUTIONS, INC. ......... 43

ROOFING

38 About CLAC

BRS ROOFING INC. ......................................... 18

California Legislators Are at It Again!

By Steven Shuey, PCAM, CCAM

40 Water Wise

ROOF ASSET MANAGEMENT........................... 31 SUNTECH ROOFING........................................... 3 WESTERN PACIFIC ROOFING........................... 43

This Year's Super Bloom Can Provide Garden Insperation

By Coachella Valley Water District CAI-CV.org

SECURITY AMS CONNECT................................................ 35 facebook.com/CAICV

@CAI-CV

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FROM THE CHAPTER

President’s Message Mike Traidman Mira Vista at Mission Hills HOA

CONGRATULATIONS! CAI-CV is being recognized by CAI National for our 2018 programs and we will receive all five Chapter Achievement Awards for Large Chapters.

In addition, CAI National will be giving the Chapter the Best Net Growth Award and an Excellence Award in recognition of overall excellence in Public Affairs, Membership, Chapter Management and Development, Members Services and Leadership. Seven awards for 2018 is impressive. Congratulations to all CAI-CV’s members and a special thanks to our 150 committee volunteers and our outstanding board of directors under the leadership of Gen Wangler, Esq., CCAL (Fiore Racobs & Powers, A PLC), for all their hard work in 2018. Please enjoy reading more about our awards on pages 8-15. We can all be proud of the sixteen National awards CAI-CV has won during the past five years. If you are attending the CAI Annual Conference and Exposition in Orlando, please join us for the awards ceremony on Friday, May 17th at 10:30 a.m. at the General Session in the Gatlin D Ballroom. Call the CAI-CV office for more details.

We kicked off April with an outstanding Manager on the Run (MOTR) training for managers on Friday, April 5th. Our thanks to Lori Albert (Albert Management) and Michael Suydam (21st Century Communications Strategies) for their session on media training. No association or management company should be caught off guard by a reporter’s question.

On April 8th and 9th, all eight chapters sent representatives to Sacramento to attend the California Legislative Action Committee’s (CLAC) Day at the Capitol. There were about 130 attending. Over the course of two days, we met with all 120 legislators or their staff to discuss pending legislation that impacts the common interest development (CID) industry. Please see pages 38-39 for a list of bills and CAI’s positions. Participating in the legislative process firsthand was an amazing experience. Our industry continues to garner attention from State legislators. CLAC will be sending out grassroots action requests throughout the year. I encourage you to participate. The legislators we met with assured us that hearing directly from their constituents on legislation carries the highest possible weight when they consider how to vote.

On the evening of Tuesday, April 9th, CAI-CV hosted its fifth Board Basic Training. Thanks to Tony Ferrara (Coachella Valley Disaster Preparedness Network) Terry Kramer (Associa-Desert Resort Management) and Roger 6

Quorum May, 2019

Langer (Toscana Country Club) for an outstanding presentation on earthquake preparedness and emergency management for community associations. Thanks too to the Education Committee for their work to bring this program together. We had a full classroom and a lively discussion following the presentation. The Programs Committee hosted another successful educational lunch on April 19th with guest speaker Brian Cohen, Esq., CPA (Arden Insurance Services) who provided an update on the latest insurance issues including cyber insurance. If you missed the program, Brian provided an excellent article that appeared on page 24 of the April issue of Quorum. You can find past issues of Quorum at the cai-cv.org website under Resources. The CAI-CV’s annual Spring Golf Tournament was held on Friday, April 26th at the Desert Princess Golf Club. This year, we had many managers and board members golfing and the Hole Booth Sponsors outdid themselves with fantastic food and cocktails at each of the 18 holes. A special thanks to the Golf Committee for another great tournament.

On Friday, May 3rd, we will hold our second Assistant Manager on the Run (AMOTR) program that will focus on teaching assistant managers how to understand financial statements. Roxi Bardwell, PCAM (Advanced Reserve Solutions) will be teaching this class. Our next Educational Lunch Program & Mini Trade Show will be held at Palm Valley Country Club on Friday, May 10th and will be focused on Reserve Studies. While CAI-CV works hard to keep our programs on the published dates, we need to cancel the upcoming Board Basic Training scheduled for May 14, and the M-204 course for managers on May 16th and 17th. Our instructors for these classes will be at the CAI National Conference in Orlando to receive our awards.

Both programs will be rescheduled later in the year.

As we come to the close of one of the busiest seasons in recent history, I am reminded of CAI’s goal to provide education and resources to community boards, managers and to the businesses that support CIDs. CAI-CV is making a difference and truly providing leadership through our educational programs. I want to congratulate all of you again for help and support. I wish you all a productive and peaceful May.

Mike Traidman

Mike Traidman, Mira Vista at Mission Hills HOA

CAI-CV NEW & RENEWING MEMBERS NEW BUSINESS PARTNERS ANGIUS & TERRY, LLP

Dylan D. Grimes, Esq. (619) 488-2972 dgrimes@angius-terry.com

2019 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS

CM SQUARED, INC., ARCHITECTURAL DESIGN & PROJECT MANAGEMENT

MIKE TRAIDMAN PRESIDENT Mira Vista at Mission Hills HOA MATT LAWTON, CIC, CIRMS PRESIDENT-ELECT Prendiville Insurance Agency

Dirksen Rogers (408) 690-0890 dirksen@gocm2.com CAI-CV

EDUCATED BUSINESS PARTNER

MARGARET "GEN" WANGLER, ESQ., CCAL PAST-PRESIDENT Fiore Racobs & Powers, A PLC JOLEN ZEROSKI, CMCA TREASURER Union Bank

CAI-CV

EDUCATED BUSINESS PARTNER

DEA FRANCK, ESQ. SECRETARY Epsten Grinnell & Howell, APC

Robin Rangel (949) 582-8477 rrangel@missionmgt.com

RENEWING BUSINESS PARTNERS BARCODE AUTOMATION, INC.

Ryan Waxberg (407) 327-2177 ryan@barcode-automation.com COOPER COATINGS INC.

CAI-CV

EDUCATED BUSINESS PARTNER

CARDINAL AMBROSE, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management MICHA BALLESTEROS DIRECTOR Flood Response

MISSION ASSOCIATION FINANCIAL MANAGEMENT, INC.

Marshall Cooper (760) 422-4366 Marshall@coopercoatings.com DELPHI LAW GROUP, LLP

James R. McCormick, Jr. (844) 433-5744 (707) jmccormick@delphillp.com DIVERSIFIED WATERSCAPES, INC.

CAI-CV

EDUCATED BUSINESS PARTNER

RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management

Maria Angel (949) 582-5414 maria@dwiwater.com

FLOOD RESPONSE, A DIVISION OF MACDONALD SERVICE GROUP, INC.

Neil MacDonald (760) 343-3933 neil@floodresponse.com

LONI PETERSON, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management

IMPERIAL SPRINKLER SUPPLY

STEVEN SHUEY, PCAM DIRECTOR Personalized Property Management LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA

CAI Coachella Valley Office 75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org CAL LOCKETT Executive Director clockett@cai-cv.org The materials contained in this publication are designed to provide our members with timely and authoritative information; however, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services.

The Coachella Valley Chapter has not verified and/or endorsed the contents of these articles or advertising. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.

Michael Perilman (714) 696-7531 mikep@imperialsprinkler.com

RENEWING MANAGEMENT COMPANIES

TRILOGY AT LA QUINTA

Sierra Lynn Carr (760) 702-3038 scarr@mytlq.com

ASSOCIA ONCALL

Tad Black (760) 346-1161 tblack@drminternet.com

NEW VOLUNTEER LEADERS CANYON ESTATES HOMEOWNERS ASSOCIATION

J & W MANAGEMENT CO.

Jim McPherson (760) 568-0349 desertjaime@aol.com

Patti Proudfit Bob Zimmerman

LAKE MIRAGE RACQUET CLUB HOMEOWNERS ASSOCIATION

PERSONALIZED PROPERTY MANAGEMENT CO.

Richard Warfield (760) 325-9500 rwarfield@ppminternet.com

Walter C. Dandridge Paul Hagel Jack Mclaine Nancy Miron

RENEWING MANAGER MEMBERSHIPS

MOUNTAIN VIEW VILLAS HOMEOWNERS ASSOCIATION

SEABREEZE MANAGEMENT COMPANY

Nic Bravo

Sue Sweeney (760) 507-5709 thomasandsueare@yahoo.com

RANCHO ESTATES SOUTH HOMEOWNERS ASSOCIATION

ASSOCIA DESERT RESORT MANAGEMENT

SMALL MOUNTAIN HOMEOWNERS ASSOCIATION

John Murphy

Kristin Berryhill-Hood (760) 346-1161 kberryhillhood@drminternet.com Jerald J. Cavoretto (760) 346-1161 jcavoretto@drminternet.com Sandra L. Claus (951) 375-3829 sclaus@equitymgt.com Michelle Lara (760) 346-1161 mlopez@drminternet.com

Kent Barnes Libby Bergen Elaine Childs Mark Dasovich Elaine Freedman Harley Garr Lew Goldklang Walter Hartman Wade King Loni Renee Peterson VISTA MONTANA

Jimmy Carr Donna Wardean

DEL MESA CARMEL ASSOCIATION

Crispin D. Kelly (831) 624-1853 (203) crispinkelly@me.com

RENEWING VOLUNTEER LEADERS CANYON ESTATES HOMEOWNERS ASSOCIATION

FIRSTSERVICE RESIDENTIAL

INSURANCE INCORPORATED

Timothy Dean (877) 898-9333 (101) tdean@insuranceinc.com

Jon Jay Gann-Reyes (760) 834-2485 Jon.gann-reyes@fsresidential.com Karen Tillotson (760) 834-2496 karen.tillotson@fsresidential.com

Mr. Curtis Barber Christopher Brodwell Daniel E. Coleman Peter Lancellotti James Machado Maureen Roman James Sizemore

J.B. BOSTICK CO.

LAKES COUNTRY CLUB ASSOCIATION

GALLERY OWNERS ASSOCIATION

Matt Parker (714) 238-2121 parker@jbbostick.com MCKENZIE RHODY, LLP

Daniel Ryan (415) 637-4859 dryan@mrcdlaw.com

Teresa A. Falconer (760) 568-4321 (122) tfalconer@thelakescc.com Mr. Frank J. Melon (760) 902-2886 fmelon@thelakescc.com

Morag Cousins Neal Victor

MIRA VISTA AT MISSION HILLS

PALM DESERT GREENS ASSOCIATION

Sara Fenimore (760) 346-8005 sfenimore@pdgcc.org Roberta L. Reynolds (760) 346-8005 OWENS, MOSKOWITZ AND ASSOCIATES, INC. breynolds@pdgcc.org John Kraul PERSONALIZED PROPERTY (949) 851-5020 (12) MANAGEMENT CO. john@raocpa.com Patricia Marie Moeller PATIO GUYS (760) 325-9500 Henry Meza pmoeller@ppminternet.com (714) 241-1200 O'CONNELL LANDSCAPE MAINTENANCE

Kevin O'Connell (800) 339-1106 kevin@oclm.com

THE NAUMANN LAW FIRM

Elaine Gower (858) 792-7474 elaine@naumannlegal.com VISTA PAINT CORPORATION

Jared Knight (951)454-2500 Jknight@vistapaint.com

THE MANAGEMENT TRUST, DESERT DIVISION

MOUNTAIN VIEW VILLAS HOMEOWNERS ASSOCIATION

Greg Adkisson Marilee Frets Mary Hanson Richard Hayley Michael Henryson Dave Mendenhall Lannie Runck Bob Wagler Dianne Walker

MOUNTAIN VILLAS HOA

John Beaman (760) 776-5100 john.beaman@managementtrust.com Marne Logan (760) 340-1703 (6298) marne.logan@managementtrust.com Kari Lynn Martin (760) 895-6345 kari.martin@managementtrust.com

CAI-CV.org

Joseph Kawan Everley Kay Marcia Ruthledge Michael Mike Traidman Carol TrentaCosta

Lisa Olson

ST. AUGUSTINE OWNERS ASSOCIATION

Bob Berg Benjamin Boish Sarah Disney Sabina Dorn Terry Heitman Marianne S Moloney Jack Veth

facebook.com/CAICV

@CAI-CV

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FEATURE

CAI-CV Wins Seven National Awards

By Cal Lockett, Executive Director CAI-CV was notified in late April that we have won seven 2018 National Chapter Achievement Awards! They will be presented to the CAI-CV Board of Directors on May 17th at the CAI National Convention in Orlando. There are five award categories and we won all five for Large Chapters. Additionally, we won Best Net Growth for increasing our membership by 24 percent and we won the Chapter Excellence Award for having the highest total

points in each of the five categories that include Membership, Chapter Management and Development, Leadership, Public Affairs and Membership Services. Thank you to our leadership team and all of our volunteers who worked so hard to elevate our Chapter and the common interest development (CID) industry last year.

Your recognition is well deserved.

Here is more information about each

Consider a CAREER in Rewarding

Community Associationnt Manageme OWTH

- GR EWARDING DYNAMIC - R Y OPPORTUNIT

T GROWING EY F THE FASTES JOIN ONE O THE COACHELLA VALL IN INDUSTRIES ns Institute ity Associatio un m om C e Th ming a consider beco invites you to anager ssociation M Community A FOR MORE I-CV OFFICE CALL THE CA N (760) 341-0559 INFORMATIO

211 Desert, CA 92 ite 102, Palm Ford Drive, Su rg | cai-cv.org v.o i-c ca 75410 Gerald n@ 9 | admi (760) 341-055

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Quorum May, 2019

of the programs that won awards.

COMMUNITY ASSOCIATION MANAGEMENT AS A CAREER PROGRAM SUBMISSION IN THE MEMBERSHIP CATEGORY

The goal of the Communit y Association Management as a Career Program is to recruit new skilled and educated people to the CID industry and for them to consider community association management as a career. A severe lack of community managers in the Coachella Valley has placed burdens on management companies, associations and the entire CID industry.

In January 2017, the Professional Manager Committee met for the first time and discussed the major issues impacting manager members. It was decided that there was a pressing need to bring more managers into the industry.

The committee investigated CAI and other CID organizations to see if they could find a brochure that described community association management as a career and found nothing specifically designed for their need - to recruit people from outside the industry. They prepared a proposal for the CAI-CV board to develop a brochure and poster that could be sent or delivered to career centers. In March, the process of drafting the brochure began and was completed in April.

The board approved the brochure and a budget of $1,000 to cover printing and mailing costs. Rodney Bissell Design Studios was hired to do the layout. The finished brochure was completed in June. The Committee received approval to host an open house career day at the new CAI-CV classroom on September 25, 2018. The committee decided to use the new brochure and poster to invite career seekers to CAI-CV to hear firsthand about community management. To engage the management companies in this recruiting process, the committee invited the CEOs of ten management companies to attend and co-present to whoever showed up on the 25th.

Committee members researched and

FEATURE

prepared a list of 62 career centers in the Coachella Valley and nearby Riverside and San Bernardino counties. In July, they hand-delivered brochures (invitations) to all the local career centers, colleges and high schools. The CAI-CV office mailed posters and more brochures out to all 62 career centers the following week. The committee volunteers also attended career days for the Palm Desert and Greater Coachella Valley Chamber of Commerce and for the Palm Springs Realtors where they handed out brochures. Copies of the brochure were also sent out using Facebook and via email. Fifty-four career seekers attended the meeting, and many brought resumes and were able to hand deliver them to the management company CEOs. Of the 54 people from the community who attended, 49 said they gained new insights about the common interest development industry and would be interested in receiving more information and either signed up for Quorum and/or said they would attend CAI-CV's upcoming lunch program.

The committee reported overwhelming support for this effort from those attending. Six people joined the chapter that day. Fifteen additional people called the office to get on the mailing list for next time.

Four career counselors attended and invited the Professional Managers Committee to provide speakers for their

career days. The CEOs responded positively to this effort and gladly took any resumes that people brought and at least two new managers were hired shortly after the open house. We estimate that the brochure and posters reached between 8,000 and 10,000 people.

This was an excellent first step at defining community management as a career to career seekers. The committee will be holding another open house in 2019 and is looking at implementing a local job board for career seekers.

CLASSROOM PROJECT SUBMISSION IN THE CHAPTER MANAGEMENT AND DEVELOPMENT CATEGORY

The goal of the CAI-CV board’s classroom project was to expand the Chapter’s educational outreach by building a new office with a classroom capable of holding 50 students. CAI-CV is 38 years old and for more than 25 years its 1,000 square foot office was in an industrial park. Trucks loading and unloading in front of the office, sometimes four times a day, blocked the front door, signage and parking. The office was suitable only for small meetings. All classes and educational programs, as well as networking events, had to be held elsewhere, many times at costly venues. Two years ago, the board decided to begin looking for new office space. During strategic planning in 2016, a decision was made to find

an office that had a classroom.

The board engaged a commercial real estate broker (Michael Lawton) and appointed a subcommittee of the board to explore various office locations. After reviewing options with the broker, the board developed a list of requirements and budget. Eventually, several locations were found so the board engaged an architect to ensure each space could be adapted for a classroom. The board eventually settled on the following strategies: • To find a location central to the Coachella Valley that would be easily accessible for all members.

• The space would be in a professional office building and would be between 2,000 and 2,500 square feet.

• The monthly budget would be close to twice the current rent.

• Moving costs, furniture and any build-out needed would be paid with the Chapter's savings.

The board outlined how the new classroom would be used, focusing on providing education to our three major membership groups:

CAI-CV.org

facebook.com/CAICV

@CAI-CV

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FEATURE

MANAGERS

• Manager on the Run (MOTR) - 1 CEU Course offered six times annually • Assistant Manager on the Run - offered six times annually • CA CID Law Course - 8-hour course offered twice annually • CAI National Courses - in 2019, CAI-CV will offer ALL the prerequisite courses for a manager to become a PCAM, the M-100 and all the M-200 Courses.

• CAMICB's CMCA prep course and exam HOMEOWNER LEADERS

• Board Member Workshops (BMW) offered twice annually • In-depth legal review - 2-hour course offered twice annually • Board Basic Training two hour course offered eight times annually • Board Leadership Development Workshop - offered annually • HOA Board Councils monthly meetings BUSINESS PARTNERS

• Summer Sizzler Mixer offered once annually • Educated Business Partner course offered twice annually • The classroom would also be used for various marketing opportunities for individual class sponsorship and for the classroom itself.

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Quorum May, 2019

OUTREACH TO NEW MEMBERS

• New member orientations - offered twice annually • Community Association Management - Career Day - offered once annually COMMUNITY OUTREACH

• We are offering our classroom to management companies and HOAs for their meetings.

• We are also offering the classroom to other nonprofits. Currently, the Palm Desert Chamber is using our classroom every Tuesday morning for their business gathering.

Eventually, the board decided to focus their search on the area closest to the freeway so that members could easily commute from Palm Springs or Indio.

The search was narrowed to four possible locations and board members visited them and provided feedback. In early March, a location was chosen and negotiations began. The board reviewed the proposed expenses against their original budget and determined the new location would work financially. The architect drew up floor plans and the amount of rent was negotiated. A contract was signed with the building owner to move to the University Commerce Center's professional office building on Gerald Ford Drive. At the same time, the board signed a lease for the new printer that would allow the Chapter to save about $1,500 per month by printing Quorum Magazine in-house. This savings made it possible for the chapter to pay the new rent.

The board reached out to the Chapter's business partners for help with the buildout and to save costs. In April, the building's owner selected CAI-CV member Vantage Point Construction for the buildout. Vantage Point offered the Chapter a $10,000 discount. CAI-CV member Flood Response agreed to do the dry-wall work in exchange for advertising and sponsorships. Vista Paint donated all the paint. AMS Connect agreed to put in a state-of-the-art alarm system in exchange for advertising in Quorum. The buildout was completed in December of 2017. Signarama created the sign for the outside of the building.

In November, the Chapter hired a professional AV installation company to oversee the wiring for WiFi, computers, telephone system and AV equipment.

A new monitor for the conference room, an AV projector and screen, as well as the refrigerator, microwave and dishwasher were purchased on Black Friday, saving the Chapter thousands of dollars. A commercial telephone system was purchased and installed and special electrical was pulled for the new printer. Furniture was purchased through another CAI-CV business partner. On December 31st, the Chapter moved out of the old office and into the new office. A moving company was hired to help with the move and to take old furnishings to a charity. Unpacking commenced and the office was up and running by Tuesday, January 2nd. The staff immediately began updating all the Chapter's information on websites and with vendors and members. And, they printed new business cards, stationery

FEATURE and collateral material for the Chapter on our new printer.

Based on the board’s initial criteria, the classroom building project was a huge success. The building was done on time and within the approved budget.

The ongoing rent of the new office space has worked out beautifully. The furnishings, computers and AV equipment were purchased within budget. The income saved by printing Quorum Magazine has indeed saved about $1,500 per month.

Most importantly, in 2018, the Chapter doubled the number of classes offered to managers and homeowner leaders.

The new classroom was also used by management companies, associations, and other nonprofits for meetings throughout the year.

After 25 years in the same location, moving was a huge undertaking for the Chapter. CAI-CV has grown in many ways over the past year. There has been a refocusing on education. Our membership is growing quickly, and we are raising our visibility as the source of education and resources for Coachella Valley community associations.

HOA LIVING BROCHURE SUBMISSION IN THE LEADERSHIP CATEGORY

In January of 2017, CAI-CV received a call from the City of Palm Desert asking for a meeting to discuss a problem they were having. They were getting inundated with requests for help from residents who live in HOAs about issues where they had no jurisdiction. The City completed their own research showing that 80 percent of Palm Desert residents live in HOAs so they saw this problem getting worse if no solution was forthcoming. Several negative stories including hot issues like short term rentals had been published by the local newspaper and the City was in the middle of controversy. The call was referred to the PR Committee. The meeting was quickly set and the CED and several members of the PR Committee attended with the City Manager and the City’s Chief

• Help for boards attempting to educate residents.

Communications Officer. At the meeting, the City Manager said they needed help explaining to residents in HOAs (and the media) about who is responsible for what. At subsequent phone meetings, ideas were exchanged about crafting a co-branded brochure with the city that would attempt to address their concerns.

• Help for boards and managers trying to explain HOA living to businesses.

• Help to cities to educate residents about who is responsible for what.

• Help to residents who were unclear about HOA and City responsibilities.

CAI-CV Board Approval The PR Committee created a proposal for the board to consider that included a $2,000 budget, which was approved. The board asked the Committee to try and create a brochure that would solve the City's issues and would also serve as an educational piece that would empower CAI-CV members to effectively educate new members, other HOA practitioners, and the residents our members serve.

The HOA Living Brochure would serve to help residents understand the different responsibilities of the association as opposed to those of the City. It would provide an educational look at all aspects of HOA living and clarify homeowner’s rights and responsibilities. The brochure would also provide best practices for managers, association board members and businesses that support HOAs. On the back page of the brochure, City departments would be listed and there would be space to list important association numbers so that the brochure would become a resource for solving problems or gaining information that residents may eventually need.

75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 (760) 341-0559 | admin@cai-cv.org | cai-cv.org

In terms of audience, the brochure would provide: • Basic training about HOAs for managers, assistant managers, board members, and businesses.

• Help to realtors to educate potential buyers about living in an HOA. To investigate what collateral material might already exist, the PR Committee used part of their budget to purchase a dozen brochures from CAI National and delegated review among all the committee members. At their March

HOA

LIVING

LEARN MORE AB OUT LIVING IN A HOMEOWNERS ASSOCIATION (HO A) OR OTHER COMMON INTER EST DEVELOPM ENT What are my resp onsibilities as a homeowner or renter in an HO A? How do I get a copy of the rule s?

Who governs wha t?

Who do I call whe n

The City of Palm Dese

A COLLABORATION

rt & The Community

I need help?

BETWEEN

Associations Instit

ute – Coachella Valle y Chapter (CAI-CV)

meeting, they provided these brochures after highlighting the key messages and prioritized the messages. Here are the sources that were used: • Good to Great Brochure

• Help for managers trying to educate boards and residents.

CAI-CV.org

• Community Associations Institute Rights and Responsibilities for Better Communities

facebook.com/CAICV

@CAI-CV

11

FEATURE • Model Code of Ethics for Community Association Board Members • Community Association Fundamentals • Community Association Governance Guidelines • Introduction to Community Association Living • Statistical Review: Community Association Data, Foundation for Community Association Research • CA Davis-Stirling Common Interest Development Law Course The office staff placed the highlighted messages from all the brochures into one document and began the process of editing. The draft brochure was then ready to be reviewed by some attorney members and was edited again to include California legal information.

This version was then distributed to the CAI-CV board for input and was edited again. After CAI-CV had edited the final version, it was given to the City for their input and edited again. After another legal review, the brochure was given to CAI National for their input and blessing. After making their revisions, there was another legal review and the brochure was proofed and completed.

The PR Committee contacted many of the associations in Palm Desert explaining the purpose of the brochure and asking them to send photos. The City of Palm Desert also provided photos.

Rodney Bissell of Bissell Design Studios provided a layout for the Committee to consider. Edits were made and photos replaced until there was unanimous agreement. A copy was sent to the CAI-CV board and to the City for final approval, which was obtained in September.

The HOA Living Brochure was first published in Quorum Magazine for CAI-CV members to review. Copies were also given to the City to hand out, and an electronic version was given to the City and placed on the CAI-CV website. Copies were also distributed 12

Quorum May, 2019

to CAI-CV's Homeowner Leader Committee, Education Committee and the Professional Managers Committee.

The HOA Living Brochure was completed for $1,800, which was under budget. The cost per brochure with design and staff time is approximately $.50 each.

Because this is a collaborative project with CAI-CV, the City of Palm Desert, and CAI National, its success relied on agreement of all three entities. Given the need for and nature of the brochure, agreement was easily obtained. To our knowledge, this is the first time CAI National and a chapter have co-branded a publication. Another primary method to determine the brochure's success was whether we would be asked to print more copies. So far, we have been asked to print over a thousand additional copies.

An unanticipated customer has been HOA boards wanting copies to help educate their residents.

The CAI-CV board also wanted the brochure's success to be determined on whether those involved in the HOA industry found it helpful to educate each other and residents. Feedback from the Professional Managers Committee and Homeowner Leaders Committee has been outstanding.

The HOA Living Brochure appears to be a great success. There is nothing like it available to our members and the constituents they serve. At the Chapter's most recent Strategic Planning session, the board discussed expanding distribution of the existing brochure and to approach other Coachella Valley cities to see if they want to do something similar.

There are nine cities in the Coachella Valley. We envision a version being created for each city. We also believe that other CAI chapters can benefit from this brochure. We have told CAI National that we will provide the print version of the brochure to any chapter to use for free.

Overall, there have been many planned and some unplanned positive consequences to the PR Committee's work to develop the HOA Living

Brochure. We helped the City of Palm Desert address a major problem they were having with HOAs and the media.

We empowered our own members with a document they can use to explain the industry to coworkers and others. We have raised the visibility of CAI as the authority on HOAs in the Coachella Valley. Finally, we have created a brochure that other CAI chapters can use for their own outreach efforts. Copies of the brochure are available at the CAI-CV office or can be ordered online at www. cai-cv.org.

The CAI-CV Public Relations Committee is currently approaching the other eight cities in the Coachella Valley

offering to do a similar brochure for them. The Palm Springs Regional Board of Realtors has also relayed their interest in a Valley-wide edition to give to people who purchase homes in associations.

CA GRASSROOTS PROGRAM SUBMISSION IN THE PUBLIC AFFAIRS CATEGORY

The purpose of the CA Grassroots Program was to empower CAI-CV members to advocate for and against legislative proposals as they make their way

FEATURE through the halls of Sacramento. In 2018, the board endorsed numerous grassroots campaigns resulting in defeating several onerous bill and gaining the Governor's veto of two onerous bills.

CAI-CV established a Legislative Support Committee (LSC) to help the statewide California Legislative Action Committee (CLAC), CAI’s advocate in Sacramento. The board approved a budget for the new LSC Committee to pay for grassroots programs and to educate their members by paying for them to attend the Day in Sacramento where they would be trained as advocates and learn about the pending legislation. The board also encouraged

"THE GRASSROOTS CAMPAIGNS INCLUDED SB 729, THE 'BALCONY BILL' THAT WOULD REQUIRE ASSOCIATIONS TO PHYSICALLY DAMAGE BALCONIES AND STAIRWAYS TO INVESTIGATE WHETHER THEY NEEDED TO BE REPAIRED."

LSC Committee members to attend the CA Statewide Legal Forum where they could be further educated as advocates.

The new LSC asked other CAI-CV committees to help. The Quorum Committee established an "About CLAC" department to report on legislative activities every month and the Programs Committee agreed to have a CLAC update at each lunch program.

The most beneficial result of the new LSC was their ability to empower CAI-CV members to advocate on behalf

of the industry. The board approved six specific grassroots programs related to CA legislation during 2018. The Chapter worked in collaboration with the other seven CA chapters to maximize their grassroots effectiveness. The grassroots campaigns were marketed in Quorum Magazine, both online and in print.

The campaigns were also marketed to members via emails from CLAC and CAI-CV. Two of the campaigns were published on Facebook and Instagram.

Our target audiences were board members, managers, and business partners who are interested in the success of the CID industry. Our effort was to encourage them to get involved by writing or calling their legislator or the Governor.

The grassroots campaigns included SB 729, a.k.a. the "balcony bill”, that would require associations to conduct destructive testing on balconies and stairways to investigate whether they needed to be repaired. The cost to associations would have been astronomical. Later in the session, we began to get positive traction on a favorable bill that outlined board financial reviews more clearly.

Unfortunately, as it moved through the process, it was merged with an onerous bill that we opposed that would take away the ability of boards to determine criteria for new board members. Felons and delinquent members would now be able to run for their boards.

Grassroots programs encourage individual voters to write directly to their elected officials. This type of advocacy has the highest effectiveness of all forms of lobbying. All CAI-CV’s grassroots programs in 2018 had the following components: • Emails were sent to all CAI-CV (and other chapter) members from CLAC explaining the situation and asking for members to call or write their legislators.

• Quorum Magazine had a call to action and provided names and phone numbers of Coachella Valley legislators.

• Regular meetings were set up with the CV legislators in their district offices where LSC Committee members attended and informed legislators and local staff of CAI-CV's positions.

• A meeting was scheduled with our local legislators in their Sacramento office with the same LSC Committee members so faces and the subjects were familiar.

• An email from CAI-CV was also sent to encourage our members to participate.

• A verbal plea for member involvement was made every month at our Educational Program Lunch & Mini Trade Show.

• Flyers were designed and handed out at CAI-CV events and at management companies.

• For the two bills impacting boards' ability to set requirements for new board members, an added component of calling directly to the Governor's office to oppose the bills was imposed.

During the year, our members received 34 messages from the LSC Committee on various bills. The ultimate success of our local grassroots activity is the outcome it had in Sacramento on the legislation.

In August, the "balcony" bill was amended to take HOAs out of the bill.

The author could not get the votes for it to pass until he removed our industry.

A subcommittee of legislative staff and CLAC members are working together to craft legislation that makes more sense for HOAs. This would not have happened without the hard work of our members writing letters. In September, the favorable bill outlining what boards must do when reviewing financials passed both houses and was signed into law by the Governor in October. Also, in September, both bills that took rights away from boards to determine criteria for new board members passed both houses and were sent to the Governor for signature. Hundreds of CAI-CV

CAI-CV.org

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@CAI-CV

13

FEATURE members participated in a grassroots campaign by calling the Governor and asking him to veto these bills. On the day prior to his signing deadline, he vetoed both. To achieve a Democrat Governor's veto of two pieces of legislation that came to his desk from the Democrat leaders of the Assembly and Senate is unheard of in Sacramento. CAI-CV received 100 percent success with their grassroots programs in 2018.

allow for more pages in each issue when needed. Printing in-house also served to speed up delivery to members' homes.

CAI-CV's Membership Committee began offering the electronic version of Quorum free for one year to potential members.

The Quorum jobs for each aspect of publishing the magazine in 2018 are: 1. MAGAZINE STRUCTURE

a. Themes & Non-cover Features QUORUM MAGAZINE SUBMISSION IN THE MEMBER SERVICES CATEGORY

b. Covers & Spotlight c. President’s Message d. Advertising Placement

In 2018, the Quorum Committee reviewed and analyzed CAI-CV’s monthly publication, Quorum, to maximize its utilization for providing education and best practices to all three membership categories – homeowner leaders, managers, and business partners. The Committee also wanted to expand distribution and readership of Quorum Magazine among members and nonmembers and to expand the benefits of advertising in Quorum.

The Quorum Committee held a strategic planning session to outline topics to be used in each monthly issue of Quorum in 2018. Managers and Homeowner Leader members were surveyed to help determine content that would meet the needs of these membership classes.

Based on the survey information, the Quorum Committee developed jobs for each section of the magazine and delegated responsibility for each department to specific committee members.

New technology was purchased and developed to allow Quorum to be distributed electronically to members and nonmembers and that allows for member ads to click through to their website. This new software also allows CAI-CV to email members a reference to a specific article in Quorum and send a link that takes the member directly to that article. In January of 2018, printing of Quorum Magazine was brought in-house to save the Chapter money and 14

Quorum May, 2019

e. News & Renews 2. CAI NATIONAL

a. Tools & Perspectives b. What Every Board Member Needs to Know c. Manager Update d. Business Partners 3. ADVERTISING

a. CAI Event Ads b. Ads Sold to Members c. Ads Sold to Nonmembers 4. CHAPTER EVENTS

a. Fundraising Events (Awards, Golf, Bowling, Casino, Etc.) b. Educational Lunch Programs & Mini Trade Shows c. Board Member Workshops d. MOTR and AMOTR e. Meet the Committee Chair 5. LEGISLATION & REGULATORY

a. CLAC Updates b. HOA Law 6. MEMBERSHIP

a. Platinum Sponsors b. Welcome Aboard c. Time Honored d. Meet the Board

7. MONTHLY COLUMNS

a. Charity b. Maintenance c. Security d. Trending Now e. Water Wise/Landscaping f. CVWD & Water Agency Updates 8. PROOFING

Each department was then asked to map out the next twelve issues of Quorum by topic and author.

Each department prepared a one-page Q&A sheet for their department that could be sent out to members to solicit information that could then be edited into an article.

At the February Quorum meeting, all the topics for all twelve issues were placed on whiteboards at the office for tracking purposes. Quorum Committee members then began to contact members and professional advisers to begin writing articles. The board then approved the purchase of a new software called Basecamp that allows the Committee to manage all twelve months online. As articles come in, they are placed in the various departments and held there until it's time to work on that issue. Basecamp also serves as the primary source of communications among Committee members. Everyone on the Committee can see where each issue is in terms of development, editing and proofing.

The communications committee set up photo folders for Quorum in Drop Box software so that there is easy access to photos after every event or program.

Those photos are now available online to CAI-CV members through the CAI-CV app. At monthly Quorum Committee meetings, members go through the upcoming months and discuss what articles have arrived, are in process, or those that still need to be developed.

Assignments are confirmed and the issues of Quorum progress. Printing in-house gives the Committee about

FEATURE shelf-life of each issue.

Quorum's printed distribution has increased too. We are now printing 700 copies each month, which is almost a 30 percent increase in one year.

As we look to the future for Quorum, we continue to see it as a primary source of education and best practices for all our members. We also see it continuing to be a major source of income for the chapter. Our next step for Quorum is to expand its electronic readership. The Quorum Committee has been asked to look at new markets such as local chambers and realtor groups to send Quorum electronically.

Quorum brings value to the Chapter by providing written education to all our membership classes. Each month, subjects are addressed that help our members do their work more efficiently, effectively and with greater impact.

We also help our members limit their liability by helping them understand best practices, the importance of relying on professional advisers and paying appropriately for services.

Quorum also helps raise CAI's visibility in our greater community. Because Quorum is a coffee table quality magazine, it has a greater shelf life and builds member pride in our chapter.

MAY 2019

two extra weeks to develop each issue.

Now, magazines are delivered within two days of printing.

To determine whether the Committee was on the right track with Quorum, they surveyed managers and homeowner leaders to quantify the value of Quorum to those membership classes. Increased advertising served to determine the success of the magazine as seen by management companies and business partners. Advertising has increased substantially. Increased electronic edition readership and subscriptions served to determine the success in reaching new and potential members.

The survey of manager members included questions about various Chapter issues. The survey was developed by the Professional Manager Committee. Managers were asked if they read Quorum, if they felt the topics in Quorum helped them in their daily work, if they used Quorum to look up topics from past months, and if they used Quorum to find vendors.

The responses were overwhelmingly positive. Eighty-eight percent read at least one part of Quorum every month.

Ninety-seven percent said Quorum helps them to be successful with daily work and 77 percent said they refer to past issues for information. The Homeowner Leader Committee conducted a survey of their members and found that 98 percent (of those responding) read Quorum every month. The same percent found Quorum articles useful in governing their associations. The Quorum Committee reported that advertising has increased 25 percent in the past twelve months, requiring them to add at least four additional pages of professional content to each issue in order to maintain the 40 percent ads to 60 percent content ratio. There has also been a significant increase in electronic subscriptions and online readership. We are seeing a 53 percent increase in members and nonmembers searching Quorum by topic. This significantly increases the

MAY 2019

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28 Reserve Stu dies: Basics & Levels of Ser 30 Reserve Fun vice ding Plans: Sel ling Out, Set 32 Common tling, or Succee Legal Question ding s About Reserv 34 Reserves es (No Math and Why The Required) y Are Import ant

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15

MOTR &

Margaritaville SUMMER SIZZLER

Friday, June 7, 2019 | 4 - 7 PM | CAI-CV Office & Classroom 75410 Gerald Ford Drive, Suite 102, Palm Desert 4:00 PM - 5:00 PM Manager on the Run MOTR: (for managers only) TOPIC: Dealing with Board Member and Homeowner Demographic Changes SPEAKERS: Clint Atherton, PCAM, General Manager, Outdoor Resorts Palm Springs Renee Gumbel, PCAM, Associa Desert Resort Management Nena Rutherford-Milward, PCAM, General Manager, Rancho La Quinta HOA $10 MEMBERS | $20 NONMEMBERS Earn 1 CEU and Attend Summer Sizzler for FREE MARGARITAVILLE SUMMER SIZZLER | 5:00 PM - 7:00 PM | (FOR ALL MEMBERS) Come Celebrate the End-of-Season with CAI-CV PRICE: Managers: FREE for Managers attending MOTR Board Members: FREE with registration Business Partners: $100 Donation for CAI-CV Education

TITLE SPONSOR

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Thanks to our Sponsors MOTR SPONSOR Sherwin Williams Paint Company

SUMMER SIZZLER SPONSORS GAME SPONSOR Animal Pest Management Services | O’Connell Landscape FOOD SPONSORS Automation Pride Conserve LandCare Vantage Point Pacific Western Banking Seacoast Commercial Bank Frazier Pest Control SCHOLARSHIP SPONSOR Green, Bryant and French, LLP

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16

Tickets Available Online at CAI-CV.ORG or by Calling 760-341-0559

EDUCATION IS ON THE MOVE

By Steven Shuey, PCAM, CCAM Education Committee Chairman

B How Do You Feel About CAI-CV? At CAI-CV’s Strategic Planning earlier this year, the facilitator, Paul D. Grucza, CMCA, AMS, PCAM, asked the Chapter’s leadership to describe their CAI-CV experience in one word. Here is a list of their descriptions: • Involved • Growing • Dynamic

• Strategic

• Passionate

• Concerned

• Exciting

• Innovative

• Exceptional

• Forward-thinking

• Collegial

• Excellent

• Evolving

• Invaluable

• Educational

• Vibrant

• Essential

• Synergistic

• Fun

• Tight-knit

• Depth

• Standardized

• Confident

• Outward-looking

PAUL COMMENTED, “THESE ARE ALL SUPERB ATTRIBUTES FOR A CHAPTER– WORDS THAT RESONATE WITH ALL OF US IN THIS INDUSTRY. THEY HAVE MEANING WITHIN THE CHAPTER DAILY. MEMBERS WILL WANT TO REMEMBER THEM.” Let us know what you think about CAI-CV by contacting us at admin2@cai-cv.org.

oard members and managers are talking about the need for education. CAI is providing it at every turn! In March, about 40 board members attended an "Ask the Attorney" Board Member Workshop. Kumar Raja of The Tinnley Law Group and Julie Balbini of Fiore Racobs & Powers answered questions on a wide range of subjects. At the end of the session most attendees joined others at our annual Corks for CLAC Wine tasting fundraiser. Both the BMW education session and the Wine Tasting were held at Shield's Date Garden.

Managers and their assistants are also getting education.

The Manager On The Run (MOTR) classes are a big hit with managers. Every other month managers attend a quick onehour session on a specific topic. In May, by the time you are reading this, about 30 managers will have attended a great session on how to deal with media news reporters in a crisis situation. In June, the plan is to learn how to deal with the changing demographics in our communities. In the alternate months, the assistants to the managers are able to attend a newly designed program called Assistant Manager On The Run (AMOTR). In March, Roxi Bardwell of Advanced Reserve Solutions and Cardinal Ambrose of Desert Associa Resort Management offered a session on "How to Assist Your Manager." There were 17 in attendance and everyone raved about the program. The next session will be on May 3rd where assistants will receive training on how to read a financial reports. Understand what the numbers mean and better be able to assist their managers.

CAI is committed to providing every facet of education available. The Professional Management Development Program (PMDP) has all the classes necessary to obtain nationally recognized designations for managers to tell the world you are a qualified, certified professional community association manager. The Coachella Valley Chapter has geared up to offer every class available during the year.

If you are looking for education, CAI-CV is your source. For more information, check out the website at www.cai-cv.org or contact the office at (760) 341-0559.

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

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@CAI-CV

17

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Quorum May, 2019

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Quorum May, 2019

Welcome Aboard Dick Lutringer, Esq. Lutringer Mediation Associates

By Susan Browne Rosenberg

D

ick Lutringer, owner of Lutringer Mediation Associates in Palm Springs, brings to the members of CAI-CV a wealth of experience in the field of dispute resolution. In his words, “HOAs and mediation are a natural fit, whether a dispute is negotiated in a law firm’s conference room when the economic stakes are high or around a coffee table when the issues deal with quality of life within the HOA community. Mediation costs a small fraction compared to litigation or arbitration. As important, the parties themselves, with the mediator’s guidance, often find a practical solution. If, for some reason, the matter is not resolved in mediation, neither side has jeopardized their legal position.”

A lawyer by training, Dick began mediating 15 years ago, volunteering twice weekly at a local Community Center in New York City that handles each year hundreds of neighbor-neighbor, tenant-tenant, landlord-tenant as well as condo and co-op owner disputes. Within a few years he had become a full-time professional mediator, resolving commercial, real estate, employment and probate disputes privately and for state and federal court mediation panels.

According to Dick, “A mediation involving multimillion dollar contract claims uses the same essential principles as disputes over resident parking spaces — a mediator listens to each party and then guides them as they discuss their perspectives on the problem and consider options to resolve it.”

How is mediation important for community associations? California law requires that HOA’s attempt to mediate certain internal disputes prior to more formal legal action. According to Dick, “Disputes

over an internal matter, for example, noise, parking, pets, architectural compliance, board issues or unreasonable behavior, are perfect for mediation. Neither courts nor arbitration panels can efficiently deal with these issues and the antagonism often causes both sides to end up emotionally and financially exhausted.”

Dick studied law at Cornell University and the University of Chicago and dispute resolution at several institutions, including seminars at Harvard University, the American Arbitration Association, the Southern California Mediation Association and the Association for Conflict Resolution, where he has also presented workshops on mediation. Among other activities, Dick judges the annual International Chamber of Commerce (ICC) mediation competition in Paris, which draws mediators from around the world and is on the select panel of mediators of the California Department of Insurance for earthquake insurance disputes. At the request of LaVerne University Law School, he recently conducted 30 online mediations as part of a research study evaluating mediator trust in an online environment.

Dick has been involved in protecting the local environment and is on the board of the California Desert Coalition. He is the proud owner of a vintage Airstream, has a passion for trekking and has walked major portions of the Camino de Santiago in Spain, the West Highland Way in Scotland, Offa’s Dyke Path in Wales and portions of the Pacific Crest Trail. He lives in an HOA in Palm Desert.

Dick can be reached at 760-364-3740 and 917-830-7966. His office is located at 777 East Tahquitz Canyon, Suite 200 in Palm Springs. His email is Rlutringer@ma.com and his websites are www.LutringerADRconsulting.com and www.lutringermediation.com.

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.

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21

CHAPTER EVENTS

CAI-CV's Educational Lunch Program & Mini Trade Show Insurance | Friday, April 19, 2019

22

Quorum May, 2019

CHAPTER EVENTS RISKS HIDING IN THE BUSHES – ARE YOU COVERED? • Cyber Security • Fidelity Bonds

GUEST SPEAKER BRIAN COHEN, ESQ., CPA Chairman & CEO, Arden Insurance Services, LLC Operating Partner, Altamont Capital Partners Director, Embark, LLC

THANKS TO OUR PROGRAM SPONSORS MEMBERSHIP SPONSOR Prendiville Insurance Agency

EXHIBITOR BOOTH SPONSORS Alan Smith Pools Alliance Association Bank AMS Paving, Inc. Animal Pest Management Services, Inc. Ben's Asphalt & Seal Coating BRS Roofing Inc. Cline Agency Insurance Brokers Conserve LandCare DSI Security Services Flanders Painting Flood Response Gardner Outdoor Pool Remodeling Horizon Lighting Inc. LaBarre/Oksnee Insurance Agency Mutual of Omaha Bank NFP NPG Asphalt O'Connell Landscape Maintenance Prendiville Insurance Agency Roof Asset Management S. B. S. Lien Services SCT Reserve Consultants, Inc. Shetler Security Services Tinnelly Law Group Union Bank Vintage Associates, Inc. Western Pacific Roofing

PEN SPONSOR Pacific Western Bank

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23

2019 PLATINUM SPONSOR SPOTLIGHT CAI-CV Proud to be a part of the 2018 award winning CAI-CV team!

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! 24

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CAI-CV

EDUCATED BUSINESS PARTNER

Choose Educated Business Partners Micha Ballesteros, Flood Response Rodney Bissell, Bissell Design Studios, Inc. Susan Browne Rosenberg, CIH, Desert Cities Indoor Air, LLC Kimberly Burnett, DSI Security Services Linda Cardoza, Alliance Association Bank Will Cartwright, Cartwright Termite & Pest Control, Inc. Rick Cech, Roof Asset Management Todd Chism, Patio Shoppers Tiffany Christian, Epsten Grinnell & Howell, APC Adam Eves, EmpireWorks Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten Grinnell & Howell, APC Julie Frazier, Frazier Pest Control, Inc. Elaine Gower, Naumann Law Firm, PC Michael Graves, SCT Reserve Consultants Matthew Hills, Securitas Security Services USA, Inc. Tim Hoss, BEHR & KILZ Paints & Primers Jennifer James, Esq., Green Bryant & French, LLP Megan Kirkpatrick, Kirkpatrick Landscaping Services Jared Knight, Vista Paint Corporation Katy Krupp, Fenton Grant Mayfield Kaneda & Litt, LLP Matt Lawton, CIC, Prendiville Insurance Agency Larry Layton, Kirkpatrick Landscaping Services Alison LeBoeuf, Sherwin-Williams Mike Mastropietro, OCBS, Inc. Chris Meyer, Asphalt MD's Greg Morrow, Eagle Roofing Products Fran Mullahy, Vintage Associates Mike Murrell, Farmers Insurance - Mike Murrell Agency Matt Ober, Esq., Richardson Ober, PC Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten Grinnell & Howell, APC Jay Powell, Ben's Asphalt Dana Pride, Automation Pride Kelly Richardson, Esq., Richardson Ober, PC Brent Sherman, Animal Pest Management Services, Inc. Brittany Smith, Vantage Point Construction, Inc. Kymberli Taylor-Burke, NPG Asphalt Liz Williams, AMS Paving Taylor Winkle, Roof Asset Management Bevan Worsham, AMS Paving Jolen Zeroski, Union Bank Homeowners Association Services

Become an Educated Business Partner Call the CAI-CV office or go to www.cai-cv.org for more information.

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25

FEATURE

How to Download and Access Facebook On Your Mobile Device

D

id you know that CAI-CV has a Facebook page and an Instagram account? Do you know how to download the CAI-CV app? CAI-CV sends out important announcements and event photos on these three apps. If you are new to social media, you may be surprised how easy the apps are to download and use!

To download Facebook on your Android device, start by tapping the “apps” icon and go to the (Google) Play Store. Once there, you can scroll and look for apps that you want, but to make it easier, you can search by clicking/ tapping inside the white bar at the top of the page and type in “Facebook” to search. Look for the Facebook symbol (at the bottom of this page) and when

By Alison LeBoeuf you locate the app, select it. Next, select “install” to begin the installation.

Select “accept and download” and once installed, select “open” and access the app. The location of the app icon will default to the next open space available on your phone. Be sure to swipe left to see all pages. If you need to move the app, you can hold down the icon for a few seconds and then drag it to where you want it to appear.

For iPhones, you can similarly download the Facebook app, but it will be through the “App Store” icon on your phone. If you have a Windows Phone, you will get the app through “marketplace”.

If you already use Facebook on your PC and have an account, then you can

EASY STEPS TO CONNECT WITH CAI-CV

By Berenice Ceja FACEBOOK

INSTAGRAM

1. Be sure you first have downloaded 1. Be sure you have the the app on your mobile device.

2. Log into your account.

Create an account if you don’t have one already.

3. Once logged on, in the search bar type in CAI—CV

4. Like the page and click follow.

5. You are now following us!

app downloaded in your mobile device.

2. Log into your account.

Create an account if you don’t have one already.

3. Once you are logged on, search for cai_cv.

4. Click on the page and click follow.

5. You are now following us!

CAI-CV MOBILE APP

1. Open the App Store on your device 2. Click on search and type in CAI Coachella Valley 3. Click on it to install/download onto your device.

4. Once it has installed, you can log in using your credentials.

Table put together by Berenice Ceja, Assistant Community Manager, FirstService Residential.

Berenice can be reached at (760) 834.2482 or by email at berenice.ceja@fsresidential.com.

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use your existing username and password to log-in on your mobile device. If you are new to Facebook, then select the “sign up” option to create a username for yourself. Enter your email ID or phone number as your user-name and click “continue” to complete the signup process. Update your name, password, birthday, gender, and any other mandatory details on the form and click “submit.” Your Facebook account will then be created. Once logged in, you can look for friends by using the fine print option. You can also type in names at the top of the page in the Search bar.

IMPORTANT CAI-CV MEMBERS! "PLEASE CLICK THE “LIKE” BUTTON" WHEN YOU CLICK THE "LIKE" BUTTON ON FACEBOOK, YOU RAISE OUR VISIBILITY ON FACEBOOK AND THE WEB. THANK YOU!

Alison LeBoeuf is the HOA Account Executive for Sherwin Williams Paint Company. She can be reached at alison.l.leboeuf@ sherwin.com or by phone at (760) 636-3438.

A FULL SERVICE LAW FIRM

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

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YOUR HOA CAN BE OUR NEXT COVER APRIL 2018

While the app on the phone does not usually ask for another sign-in once you have logged in, you should be sure to notate your username and password somewhere where you can reference it later. It is also wise to change passwords every so often just to avoid hackers. A hack would allow that person to see your info including your birthdate. To ensure privacy, click on the three horizontal lines at the top right of the page and scroll down to “settings and privacy” and click again. Then click on “Settings” and scroll down to “Privacy Settings” to set controls including who can see you.

To find the CAI-CV page, click inside the search bar at the very top of the Facebook screen (with the magnifying glass to the left), and type in “CAI Coachella Valley Chapter.” The page should appear at the top of the search.

Please click the “Like” button (a thumbs up) and you will then be following the page and get notified about upcoming events, and be able to view pictures from CAI events.

If you would rather only access Facebook on your computer, just type in www.facebook.com and follow the same log-in (top right of page) or “Sign-Up” instructions as above. Since the screen is larger, search bars are easier to find.

Now, you are ready to connect to not only CAI-CV, but friends and family far and wide! Enjoy!

APRIL 201 8

Coachella Valley Co mm

T S O C O N

OUR TOERY Y COVE

EV TORY. HAS A S URS! YO TELL US

unity Assoc

iations Ins titu

te Magaz ine

8 Indian Creek Villa in Palm De s sert FEATUR ING

Reasonable Accom

modations

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

Around The In Eighteen World Holes CAI-CV

25

IPHONES, USE THE "APP STORE" TO DOWNLOAD, AND WINDOW PHONES THROUGH THE "MARKETPLACE"

2018 CAI-CV

Annual

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

MUST BE CAI-CV MEMBER IN GOOD STANDING

CONTACT THE CAI-CV OFFICE

(760) 341-0559

admin@cai-cv.org CAI-CV.org

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@CAI-CV

27

FEATURE

Reserve Studies: Basics & Levels of Service

By Mallory Paproth

replace, restore, and maintain over 30 years. The financial analysis combines anticipated component expenses with the reserve balance and anticipated future allocations for the Reserve Study is a dynamic report that reflects the longfund status and creation of the funding plan. term health of a community and tells the financial story While certification or licensing is not required for reserve of where a community is going. It is important to understand professionals, CAI offers a designation for reserve analysts what a reserve study is, the roles boards and management that meet and uphold specific criteria, known as Reserve play, and key takeaways from your community’s reserve study.

Specialists. The Reserve Specialist designation picks up where For the purposes of this article, common interest develop- the Davis-Stirling Act fell short on reserve study details. This ment (CID), homeowners’ association (HOA), community, is where the reserve study ‘levels’ first appear and is standard and association are used interchangeably. industry terminology.

Let’s start off with the law. In the Now that you are refreshed on what a "The physical analysis California Civil Code, the Davis-Stirling reserve study should contain, which level includes component Act was specifically designed to govern of service do you need? inventory, condition common interest developments in There are three levels of service, Level assessment, and life and California. An HOA must have a reserve 1, Level 2, and Level 3. Levels 1 and 2 are valuation estimates." study performed once every three years on-site reserve studies, which means they to conduct a reasonably competent and both satisfy the Civil Code’s requirement diligent visual inspection of the accessible areas of for an on-site inspection. The only difference the major components (Cal. Civil Code § 5550). is a Level 1 includes full quantification of the major compoThere are two parts to every reserve study: a physical nents of the association. A Level 1 generally only needs to be analysis and a financial analysis. The physical analysis done once, to establish the component inventory. A Level 2 includes component inventory, condition assessment, and verifies and analyzes components, but does not count and life and valuation estimates. These are the major assets of measure the common area. A Level 3 Reserve Study is also the common area that the community is required to repair, called a financial update. Although not required by law, they

A

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Welcome Aboard are prudent to receive fresh reserve disclosures, keep track of reserve expenses, and show the current status of the reserves.

For on-site reserve studies (Level 1 and Level 2), I encourage board member and/or community manager participation during the site inspection. This is an opportunity to ask any questions the board may have regarding reserve studies in general, any specific reserve components, or a scenario or project the board is considering. During the site inspection, the site inspector will observe all accessible reserve components and discuss the components with participants for any recent or upcoming maintenance plans.

Level 1 reserve studies take more care and time than a Level 2. When determining what common area should be included in a Level 1, we turn to maintenance matrixes and other supporting documents, as governing documents are often confusing.

It can be tricky figuring out where homeowner responsibility and HOA responsibility divides, especially for exclusive-use common areas such as balconies and decks.

Use the reserve study process as a time to think both shortterm and long-term. We provide a 10-year expenditure table to assist boards in planning and scheduling projects. We encourage boards to discuss the upcoming five years and consider the following questions: What needs to be done: painting, street seal, trip hazards, pool equipment? What else would the board like to do: directories/monuments, refurbish dog park, new pool furniture, landscaping? Keep in mind that timing is important when coordinating projects. You wouldn’t want to start a paint project right after fresh landscaping has been planted.

HERE ARE SOME KEY TAKEAWAYS: • Every reserve study should include the common area the HOA is responsible to maintain (physical analysis), and a funding plan (financial analysis).

• Your reserve study should reflect recent past, present, and known upcoming expenses.

• If it has been a busy year with many reserve projects, it’s a good idea to get started on the reserve process earlier than usual.

Harrell's

By Susan Browne Rosenberg Employee-ow ned Harrell’s produces topquality, custom blended fertilizers, specialty nutrition liquids, and wetting agents. They are the world-class formulator and a leading world distributor of POLYON®, the industry’s superior controlled-release fertilizer technology. Harrell’s guarantees stringent quality control procedures, tight manufacturing specifications and careful selection of raw materials for each product that carries the Harrell’s name. Their products are shipped all around the United States, across the Caribbean, Central and South America, the Middle East and along the Pacific Rim. Harrell’s is also a leading distributor of branded fungicides, herbicides and insecticides, for Bayer, Syngenta and BASF, as well as many other reputable companies.

The primary contact for Harrell's is Sergio Vasquez, Sales Territory manager, who can be reached at 760-792-5218 or by email at svasquez@harrells.com.

Sergio is an active member of the Pesticide Applicators Professional Association and holds a Qualified Applicators License (QAL). Sergio’s main interests are the outdoors – camping, hiking and enjoying mother nature in general. He also enjoys his growing family and his dog, Jaws.

For more information about Harrell’s, visit www.harrells.com. Harrell’s is located at 45252 Commerce Street in Indio.

• Participate in the on-site inspection; your community will benefit.

Mallory Paproth has been working for SCT Reserve Consultants for over 4 years. She is a CSU Long Beach alumna with a Bachelor’s degree in Financial Management. Mallory has attained her Educated Business Partner designation for CAI and is on the CAI-CV Education Committee. She can be reached at (951) 296-3520 or by email at mallory.p@sctreserve.com.

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.

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29

FEATURE

Reserve Funding Plans: Selling Out, Settling, or Succeeding

By Kevin Leonard, RS

A

ssociations often struggle to determine the appropriate level of reserve funding for their community. This challenge is understandable, as associations must weigh board member reluctance to raise reserve contributions against the need to fund reserves for immediate and future needs.

Unfortunately, the scale seems to have tipped in favor of the former option; data from over 45,000 reserve studies prepared by our company indicates that 70 percent of associations throughout the United States are currently underfunded. At this point, board members are faced with

taking one of three approaches: selling out, settling or succeeding. The majority have opted for the first two routes which, unfortunately, will ultimately lead to special assessments, deferred maintenance, and lower property values. The third path may be challenging, but the results are more than worth the extra effort.

SELLING OUT In spite of advice from their reserve specialists, some board members choose to keep reserve contributions at a woefully inadequate level, even when reserve

cash flow problems become obvious. It is easier to take the comfortable route and ignore the need for adequate reserve contributions, but this approach is not beneficial in the long run. In fact, selling out is actually foolish, as current and future homeowners will face special assessments, deferred maintenance, and lower property values far in excess of what adequate reserve contributions would have cost.

SETTLING These are the associations who make well-intended reserve contributions, but

Reserve Funding at Association-coverned Communities* "DATA FROM OVER 45,000 RESERVE STUDIES PREPARED

BY OUR COMPANY INDICATES THAT 70% OF ASSOCIATIONS THROUGHOUT THE UNITED STATES ARE CURRENTLY UNDERFUNDED."

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less than needed by the association. While inadequate contributions may appear to have no ill-effects for a while, it will gradually erode association’s financial future. Well intended, but inadequate contributions cause the underfunding gap to grow over the years.

Ideally, board members should choose to think beyond the current-day situation and plan for the long-term success of their association.

SUCCEEDING It is tempting for associations to undercut reserve contributions or to settle for partial success. But those willing to bite the bullet and follow the funding plan necessary to assure timely repairs and replacements are likely to experience significant financial rewards for years or even decades to come. Reserve study recommendations indicate that full-funding contributions are ideal for sustained financial health, minimizing the risks of special assessment, avoiding deferred maintenance, and protecting property values.

An association’s current decisions regarding reserve funding will greatly impact its future trajectory. By preparing reserve studies we observe what is happening at thousands of associations each year. It is our experience that those who successfully set their contributions to what is needed at their association reap financial rewards, and those who settle or sell out suffer the consequences. What does your reserve funding plan reveal about your association’s approach to the future?

PWLC II, Inc. has been providing quality landscaping services to Southern California clients since 1977. Our Palm Springs office employs more than 100 landscape professionals. Our company specializes in “High End Landscape and Golf Course Maintenance Service.”

In addition to our Landscape and Golf Maintenance Divisions, we also have a Commercial Tree Division and a Landscape Construction/Enhancements Division.

We are fully licensed and insured carrying in excess of $2 Million in Liability Insurance. Our licenses and credentials include a C27 Landscape Contractors License, a California Pest Control License and we retain a “Certified Arborist” on staff.

For more information please contact us today at 760-323-9341 or by email at pwlc92262@hotmail.com.

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Kevin Leonard is a credentialed Reserve Specialist, an Educated Business Partner of CAI and is the President of Association Reserves. He can be reached at (909) 906-1025 or KLeonard@Reservestudy.com or learn more at www.Reservestudy.com CAI-CV.org

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31

FEATURE

Common Legal Questions About Reserves (No Math Required)

By Laurie S. Poole, Esq., CCAL

C

ommunity association attorneys are often asked questions about reserves. So long as those questions don’t require mathematics (we went to law school for a reason!), reserve questions are always welcome since there are significant legal requirements governing the board’s treatment of reserves. The following are some of the common legal questions regarding reserves.

How Much Are We Required to Have in Reserves? Many boards ask this question, believing there is a legal requirement for the amount needed to fund reserves. However, the Davis-Stirling Common Interest Development Act does not have any statute that specifically requires associations to fund their reserves. Instead, this duty is implied because boards have a duty to impose 32

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regular and special assessments sufficient to perform their obligations under the governing documents. (Civ. Code §5600(a).) Boards also are required to exercise prudent fiscal management in maintaining the integrity of the reserve account.” (Civ. Code §5515.)

In Raven’s Cove Townhomes, Inc. v.

Knuppe Development Co. (1981) 114 Cal. App. 3d 783, the court determined that the failure of the developer-controlled board to fund the reserves was a breach of fiduciary duty. Upon their election to the board of a common interest development, directors become fiduciaries with powers to act on behalf of the association. As fiduciaries, directors are held

to a higher standard of conduct and have two primary duties: (i) duty of care, and (ii) duty of loyalty. Therefore, even though there is no mandate by the legislature to fund reserves, the prudent course is to fund reserves in accordance with the association's reserve funding plan. To lessen risks, boards should: • Review and understand the reserve study, follow the reserve funding recommendations – leaning on the fiscally conservative and risk-averse side where possible.

• Rely on advice of your reserve analyst and legal counsel.

"BOARDS MAY NOT SPEND RESERVE FUNDS FOR ANY PURPOSE OTHER THAN THE REPAIR, RESTORATION, REPLACEMENT, OR MAINTENANCE OF, OR LITIGATION INVOLVING THE REPAIR, RESTORATION, REPLACEMENT, OR MAINTENANCE OF, MAJOR COMPONENTS THAT THE ASSOCIATION IS OBLIGATED TO REPAIR, RESTORE, REPLACE, OR MAINTAIN."

FEATURE "THE TRANSFERRED FUNDS MUST BE RESTORED TO THE RESERVE ACCOUNT WITHIN ONE YEAR OF THE INITIAL TRANSFER."

If It’s Not in the Reserve Study, Can We Use Reserve Funds? Boards may not spend reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components that the association is obligated to repair, restore, replace, or maintain. (Civ. Code §5510(b).) If an association is going to install a new element that doesn’t currently exist (e.g., a “capital improvement”), reserve monies cannot be spent on that element since it is not an item that the association already has the responsibility to repair and replace. However, once the element has been added to the association, the reserve analyst should include that item into the reserves so that future repair and replacement can then be funded out of reserves. The limitation on spending money from the reserves does not prohibit a board from “borrowing” from the reserve account, as authorized by law.

transfer is needed, some of the options for repayment, and whether a special assessment may be considered. If the board authorizes the transfer, it must issue a written finding recorded in the minutes explaining the reasons for the transfer, and describing when and how the money will be repaid to the reserves. Remember that the signatures of two directors are required for reserve withdrawals and the transfer may also require approval of the board. (Civ. Code §5502.)

How Long Do We Have to Pay Borrowed Reserve Funds Back? The transferred funds must be restored to the reserve account within one year of the initial transfer. (Civ. Code §5515(d).)

However, the board may temporarily delay restoring the money to the reserve fund if the board makes a finding (supported by documentation) that a

temporary delay would be in the best interests of the association. The same meeting notice requirements that apply to the initial borrowing need to be followed when a board determines to delay repayment.

Can We Use Reserve Funds Designated for One Line Item for Other Line Items? The reserve fund is a pool of money and funds can shift between line items in a reserve account as-needed to meet reserve funding needs. It is normal to make adjustments from year to year to reallocate funds to cover items that fail prematurely or cost less than was anticipated.

Laurie Poole, Esq. is a Partner at ADAMS | STIRLING PLC. She can be reached at (800) 464-2817 or Lpoole@AdamsStirling.com.

Can we Borrow from Reserves?

Boards are allowed to temporarily transfer moneys from the reserve fund to the operating account to meet “shortterm cashflow requirements or other expenses.” (Civ. Code §5515.) Prior to borrowing money from reserves, boards are required to give notice of their intent to borrow by listing it as an item in the meeting agenda. The meeting notice must include the reason the reserve CAI-CV.org

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33

FEATURE

T

Reserves and Why They Are Important

By Lisa Glogow, CMCA, AMS, CCAM

he governing documents of an association typically obligate the association to maintain, operate, repair and replace the common elements in a community. A common element is the part of a community that all its members own and can use. The common elements usually include pools, clubhouses, parks, tennis courts and pickleball courts. Some developments include roofs, exterior maintenance and landscaping. The governing documents give the right of the HOA to collect assessments from each owner to cover the ongoing maintenance of the common areas. The amount of the assessment is determined on the amenities that the community has to offer and the cost to maintain each component.

The board of directors has a fiduciary duty to fund the reserves responsibly. All funds must be invested in a way that provides security for the association and not invested in a way that is considered risky and unsafe. The board should make sound decisions on funding and investing reserve money. The following are the best investment strategies for an association:

• Certificates of Deposits • Money market accounts (savings and checking) • Money market funds • U.S. Treasuries The deciding factor on where to place the funds should be determined on when the HOA needs to have the money available for any upcoming projects.

A reserve study contains a list of the major common area components with an estimate of their remaining useful life. All associations are required to obtain a reserve study regardless of their size. Once every three years, a visual inspection should be done of the major components that the HOA has an obligation to maintain, repair or replace.

Even though funding a reserve is not mandated by state authorities the board should fund the reserves in accordance to the reserve funding plan. Fannie Mae, Freddie Mac and the Federal Housing Administration have tightened their underwriting guidelines for obtaining loans. Many institutions have a requirement to fund the reserve contribution equal to 10% of the association’s annual budget.

Boards should not defer maintenance or repairs in fear of depleting the reserve account. The repairs and ongoing maintenance should be performed. Funding the reserves properly can reduce the likelihood of a special assessment or the need to borrow funds from a financial institution.

For further information and questions regarding your reserves, please contact a reserve study analyst for more information.

Lisa Glogow, CMCA, AMS, PCAM, CCAM, is Director of Community Management for Powerstone Property Management in Palm Desert. Lisa was named 2018 CAI-CV Manager of the Year. She can be reached at (760) 797-7797 or lglogow@powerstonepm.com.

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Community security to network security: HOA protection and IT solutions.

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For more, go to amsconnectme.com or call 760.341.3593.

We’ll get you protected and connected. You’ll see.

FEBRUARY

YOUR HOA CAN BE OUR NEXT COVER 2019

FEBRUARY

2019

T NO COS

OUR TOERY Y COVE

EV TORY. HAS A S URS! YO TELL US FEATUR ING 8 Palm Royale Cou ntry Club 22 What Every Bus iness Partne Working r Nee with Valley Managemen ds to Know About 24 HOA Homefro t Compan nt – Your ies YOU Mig Meetings ht Be the Are Raucou Problem s?

MUST BE CAI-CV MEMBER IN GOOD STANDING

CONTACT THE CAI-CV OFFICE

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CAI-CV ANNUAL SPRING GOLF TOURNAMENT, FRIDAY, APRIL 26, 2019

G LFING WITH THE ST RS

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ABOUT CLAC

California Legislators Are At It Again!

By Steven Shuey

T

he California Legislative Action Committee (CLAC) follows legislation presented by the legislators that impact communities. Several bills were presented this year that will look like reruns from last year.

SB 323 is an election bill fraught with problems for associations. It dictates what boards can and cannot do when setting standards and qualifications for board service. It forces homeowners to accept nominations from virtually anyone who wishes to serve on the board of the association.

As currently written, this bill would, among other things, require an association to disqualify a person from nomination as a candidate for not being a member at the time of nomination or for having been convicted of certain felonies, and would authorize an association to disqualify a person from being nominated or from serving on the board for specified reasons, including the failure to pay regular assessments.

The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates’ names

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that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election.

The bill would require these rules to prohibit the denial of a ballot to a member and to a person with general power of attorney for an owner. This bill

would require the sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation and would, with certain exceptions, require these association election materials to be considered association records, as defined, subject to inspection and copying.

Boards have typically had an ability

to determine qualifications of those who desire to serve on the board. This legislation strips that ability and pretty much mandates by law who can serve‌ can you imagine having a homeowner who is in violation of the governing documents serving on the board evaluating other homeowners with those issues?

That simply won't work! Additionally, this legislation allows for anyone to make a photocopy of the signature on the outer ballot envelope which could be used to assist in identity theft and further, it requires posting a list of owners eligible to vote on the public bulletin board. One last thing, it requires the association must hire a 3rd party inspector of elections and it may not be anyone who currently services the association like the community manager or CPA! The bill is not appropriate for homeowner associations and our legislators should be encouraged to vote NO!

ABOUT CLAC SB 754 - This is an election bill that will allow an association to elect members to the board of directors by acclamation if the number of eligible candidates is less than the number of open seats (a "no-contest" election). If approved it will save associations an enormous amount of money at times when elections are not necessary.

SB 434 - This bill merely codifies a process that is already an ethical standard. When an association chooses to change management companies,

the records need to transfer from the old company to the new company in a timely manner. This bill now makes that "ethical standard" a part of the law.

CLAC supports this bill.

SB 326 - This is a rewrite of what was called the "Balcony Bill" (by another number) last year. The previous rendition was, thankfully, narrowed down to apartment building owners and common interest developments were carved out of that legislation prior to it passing. Since then, CAI representatives have worked with the author, Senator Hill, and provided language we think will work far better for common interest developments.

This bill would require community associations to inspect balconies and other elevated structures to assure that they are safe, by establishing practical procedures that associations can follow when they perform reserve studies. This bill also eliminates barriers imposed by builders to the rights of associations to recover for improper design and construction.

The visual inspection requirement would be every nine years with the first inspection being completed by January 2025. This is far more practical and CLAC supports SB 326 and its practical solutions.

AB 885 - This bill is a Natural Disaster Property Tax Relief bill that provides a tax relief increase to property owners who lose their home in a natural disaster, to about 120 percent of assessed value.

This bill could affect any homeowner, whether in a CID or not. CLAC supports this bill.

Eight members from the Coachella Valley showed up in the Capitol and joined up with others from throughout California to speak to our legislators.

There were 130 of us roaming the halls of the Capitol building and for the first time ever, we were able to make contact with every legislator's office. You should have been there, it was great.

Steven Shuey is a certified Professional Community Association Manager (PCAM).

He serves on the local chapter board, 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. He may be contacted at IslandMgr@aol.com. You can follow him on Twitter (www.twitter.com/@IslandMgr)

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WATER WISE

This Year’s Super Bloom Can Provide Garden Inspiration

By the Coachella Valley Water District

N

ourished by rain and sun, the desert spaces in and around the Coachella Valley become streaked with color, from the purple of the sand verbena, the orange of the globe mallow and the yellow of the desert dandelion.

If you need inspiration, the Coachella Valley Water District has published a book “Lush & Efficient: Desert Friendly Landscaping in the Coachella Valley.”

The most recent revised edition outlines ways to bring the beauty of native plants into your landscaping and includes a list with photos of wildflowers that are adapted to grow in the Coachella Valley.

As the book states, the new look of the Desert Dandelions with a Barrel Cactus

Desert Dandelion

Some years, such as in recent months, the wildflowers achieve “super bloom,” encouraging residents and tourists alike to find and photograph as many as possible until they disappear again.

While it is not every year that we have a wildflower super bloom, we can always use the palette from nature as inspiration for our own gardens. Look to the colors around you and integrate some of these color schemes into your own natural garden landscaping.

Inspired by the yellows of area fields?

Consider planting brittlebush that features bright daisy-like flowers in the spring. Love the purple of the swaths of sand verbena, you might consider ground morning glory, a trailing evergreen perennial that promises lavenderblue flowers all summer.

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Globe Mallow

color bed is a shift away from annuals that need to be replaced in spring and fall and are not efficient users of water.

Instead, the landscape design features desert-friendly plants such as water efficient perennials, shrubs, cacti and succulents.

“Rather than blanketing an expansive bed with rows of bedding plant annuals, these plants are artfully combined with

non-native plants: native boulders, rock and decomposed granite, creating a more natural look,” the book states. “We live in a desert with an annual rainfall averaging about 4 inches per year. This new approach to adding color to our environment speaks to that.”

A wildflower that can be grown easily in Coachella Valley gardens is owl’s clover. It grows to about 8 inches high with rose-pink to purple flowers. Native to the Southwest, it reseeds well and is drought tolerant.

You can find additional information about desert-friendly gardening on the conservation pages at CVWD’s website, www.cvwd.org . You can also order a copy of “Lush & Efficient” for $10 from this link: http://www.cvwd.org/386/CVWD-Store

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JULY/AUG 2018

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

Coachella Valley Water District.

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