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JANUARY 2020

JANUARY 2020

FEATURING 10 Laguna de la Paz Homeowners Association 16 Speed Bumps - Are They Safe? 26 HOA Earthquake Insurance - Dispelling the Myths and Understanding the Risks 34 The Financial Risks of Not Obtaining a Reserve Study

Atlantis an Evening Under the Sea CAI-CV's Awards and Monte Carlo Night - Friday, January 17, 2020


-

I N N O V A T I O N ,

E X P E R T I S E

&

S E R V I C E

-

HOW DO YOU MANAGE WITHOUT US?

Exceptional leadership, management and financial services for homeowner associations and commercial building owners. Our reputation and success is built on our high quality of customer service, and has earned us the position of premier real estate asset management partner in the Coachella Valley. Call LORI ALBERT at (760) 346-9000 and experience the TRUE PROFESSIONALS® difference.

albertmgt.com I 760 346-9000 41-865 Boardwalk Ave, Suite 101, Palm Desert, CA 92211

2

Quorum January, 2020


Contractors Lic. # 235717

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3


ADVERTISERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP.............................................28

ASPHALT AMS PAVING..................................................................3 ASPHALT MD'S..............................................................6 NPG ASPHALT..............................................................17

ATTORNEYS EPSTEN, APC...............................................................17 FIORE RACOBS & POWERS, A PLC..............................13 GREEN BRYANT & FRENCH, LLP....................................4 GURALNICK & GILLILAND, LLP....................................43

BANKING MUTUAL OF OMAHA BANK..........................................13

CONSTRUCTION VANTAGE POINT CONSTRUCTION INC.........................43

DESIGN BISSELL DESIGN STUDIOS, INC...................................19

GATES & GARAGE DOORS AUTOMATION PRIDE....................................................42

INSURANCE PRENDIVILLE INSURANCE AGENCY............................19

LANDSCAPING CONSERVE LANDSCAPE .............................................28 PRO LANDSCAPING, INC..............................................37 PWLC II, INC. LANDCARE MANAGEMENT....................42 WATER RITE - VINTAGE ASSOCIATES, INC....................3

MANAGEMENT COMPANY ALBERT, INC...................................................................2 ASSOCIA DESERT RESORT MANAGEMENT.................33 REALMANAGE..............................................................43

PAINTING FLANDERS PAINTING INC............................................21

PEST CONTROL CARTWRIGHT TERMITE & PEST CONTROL, INC............4 POWERFUL PEST MANAGEMENT................................43

A FULL SERVICE LAW FIRM

POOLS GARDNER OUTDOOR AND POOL REMODELING...........33

Providing Practical Approaches in:

REALTORS PALM SPRINGS REGIONAL ASSOCIATION OF REALTORS................................................................6

CC&R Interpretation, Drafting and Enforcement

RESERVE STUDIES ADVANCED RESERVE SOLUTIONS, INC. .....................42

Opinion Letters

ROOFING

Contract Drafting and Negotiation

BRS ROOFING, INC. .....................................................28 ROOF ASSET MANAGEMENT.......................................42 WESTERN PACIFIC ROOFING.........................................3

Civil Litigation

SECURITY

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AMS CONNECT............................................................28 DSI SECURITY SERVICES.............................................42 PATROL MASTERS.........................................................3

WATER CV WATER COUNTS.....................................................37 4

Quorum January, 2020


CONTENTS

2020 QUORUM COMMITTEE MEMBERS CAI-CV

EDUCATED BUSINESS PARTNER

CAI-CV

EDUCATED BUSINESS PARTNER

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

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

GEN WANGLER, ESQ., CCAL, BOARD LIAISON KIMBERLY BURNETT DSI Security Services

DIANE CARMONY

Coachella Valley Water District

SIERRA CARR, CMCA

Associa Desert Resort Management CAI-CV

EDUCATED BUSINESS PARTNER

DEA FRANCK, ESQ. Epsten, APC

BRUCE LATTA, CMCA Parc La Quinta HOA

MARNE LOGAN, CCAM

The Management Trust Desert Division

GLENN A. MILLER, CGCS

Southwest Landscape & Maintenance, LLC

GRACE PALUCK, CMCA

The Management Trust Desert Division

KUMAR S. RAJA, ESQ. Tinnelly Law Group

MIKE REY

Rey Insurance Services A FARMERS® Insurance Agency CAI-CV

EDUCATED BUSINESS PARTNER

SUSAN BROWNE ROSENBERG Desert Cities Indoor Air, LLC

STEVEN SHUEY, PCAM

Personalized Property Management

10 16

26

34

CHRIS SIGLER, B.S.C.E, CDT

President, C.L. Sigler & Associates, Inc.

HOLLY SMITH, CMCA, AMS

PowerStone Property Management 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 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.

FEATURES 10

Laguna de la Paz Homeowners Association By Tiffany Wright, CCAM-LS.AA

16 Speed Bumps - Are They Safe? By Bruce Latta, CMCA

26 HOA Earthquake Insurance – Dispelling the Myths and Understanding the Risks By Brian Berce

34 The Financial Risks of Not Obtaining a Reserve Study By Holly Smith, CMCA, AMS CAI-CV.org

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@CAI-CV

5


CAI-CV

EDUCATED BUSINESS PARTNER

the Palm Springs ®

MONTHLY

Choose Educated Business Partners

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

Micha Ballesteros, Cartwright Termite & Pest Control, Inc. 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. Todd Chism, PatioShoppers Tiffany Christian, Epsten, APC Adam Eves, EmpireWorks Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten, APC Julie Frazier, Frazier Pest Control, Inc. Elaine Gower, The Naumann Law Firm, PC Michael Graves, SCT Reserve Consultants Amanda Gray, O'Connell Landscape Maintenance 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, CIRMS, 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 Matt Ober, Esq., Richardson Ober, DeNichilo PC Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten, APC Jay Powell, Ben's Asphalt Dana Pride, Automation Pride Kelly Richardson, Esq., Richardson Ober, DeNichilo PC Brent Sherman, Animal Pest Management Services, Inc. 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. 6

Quorum January, 2020


CONTENTS

2020 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS MIKE TRAIDMAN PRESIDENT

Mira Vista at Mission Hills HOA CAI-CV

EDUCATED BUSINESS PARTNER

MATT LAWTON, CIC, CIRMS PRESIDENT-ELECT

22

Prendiville Insurance Agency

MARGARET "GEN" WANGLER, ESQ., CCAL PAST-PRESIDENT

CAI-CV

JOLEN ZEROSKI, CMCA TREASURER

CAI-CV

DEA FRANCK, ESQ. SECRETARY

EDUCATED BUSINESS PARTNER

EDUCATED BUSINESS PARTNER

Union Bank

Epsten, APC

32

CARDINAL AMBROSE, CMCA, AMS, PCAM DIRECTOR

Associa Desert Resort Management CAI-CV

EDUCATED BUSINESS PARTNER

MICHA BALLESTEROS DIRECTOR

Cartwright Termite & Pest Control, Inc.

RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR RealManage

LONI PETERSON, CMCA, AMS, PCAM DIRECTOR

Associa Desert Resort Management

STEVEN SHUEY, PCAM DIRECTOR

Personalized Property Management

LOUISE STETTLER DIRECTOR

Palm Desert Greens 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.

CHAPTER NEWS 6 CAI-CV Educated Business Partners 9 CAI-CV New & Renewing Members 24 2020 CAI-CV Calendar 25 In Memory of Carol Fulton, CIRMS 41 Time Honored

Steven Shuey, PCAM, CCAM By Grace Paluck, CamEx, CCAM

44 2020 Corporate Sponsors

22 CAI-CV Educational Lunch Program & Mini Trade Show - When the Earth Moves is Your Community Ready? Friday, December 13, 2019

32 Board Leadership Development Workshop

DEPARTMENTS 8 President’s Message 14 Titanium Spotlight

Friday, December 6, 2019

Gardner Outdoor and Pool Remodeling

20 Landscaping

EVENTS

38

Annual Color Care and Maintenance By Greg Cairns

30 Pools

A Pool Remodeling Warranty By Mark Feldstein

36 Water Wise

CV Water Counts Announces Water Counts Academy 2020 By Katie Evans

38 Annual Holiday Open House 40 Maintenance & Reconstruction & Charity Event

Friday, December 6, 2019

44 Upcoming Chapter Events CAI-CV.org

Managing Risk for Your 2020 Projects By Chris Sigler, B.S.C.E., CDT

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@CAI-CV

7


FROM THE CHAPTER

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

H

appy New Year! CAI-CV has a lot to celebrate and I hope all of you will be at our Annual Awards and Monte Carlo Night – ATLANTIS – that will take place at the Omni Rancho Las Palmas Resort & Spa on Friday, January 17, 2020. Come help us honor all the Chapter’s volunteers and celebrate the impressive accomplishments we achieved in 2019. Tickets are available online now. We have an impressive schedule (see page 24) for you in 2020 that includes more than 250 hours of low-cost and free education, and 40 hours of networking events. CAI-CV is working hard to elevate the industry by providing the highest quality education possible to people involved with the CID industry. Our networking events continue to offer CAI members ample opportunity to build lasting relationships with our trusted vendors and professional service providers. As we say goodbye to 2019, I want to thank the Business Partner Committee under the leadership of Randy Mitchell (Conserve LandCare), for another wonderful holiday open house. The Narrow Door’s Christmas store was grateful for the hundreds of gifts collected at the event on December 6th and at CAI-CV members' offices throughout the Valley. Thank you to all our members who participated this year. I also want to thank Roxi Bardwell (Advanced Reserve Solutions, Inc.) and the Education Committee for an excellent Board Leadership Development Workshop on December 6th, and, of course, a special thanks to the ten speakers who brought that program to life: Wayne Guralnick, Esq. (Guralnick & Gilliland, LLP), Eric Angle, PCAM (Trilogy La Quinta), Cang Le, Esq. (Angius & Terry LLP), Ashley Layton, PCAM (Associa Desert Resort Management), Keith Lavery, PCAM (Associa Desert Resort Management), Roxi K. Bardwell, PCAM (Advanced Reserve Solutions), James McCormick, Jr., Esq., CCAL (Delphi Law Group, LLP), Dan Goodrich, PCAM (Sierra Dawn Estates HOA), Rhonda M. Drews, PCAM (RealManage), Daniel Ryan, Esq. (McKenzie Rhody LLP), and Matt Ober, Esq., CCAL (Richardson|Ober|DeNichilo LLP). Our Manager on the Run program, also on December 6th, was a huge success thanks to our speakers, Cardinal Ambrose, PCAM (Associa Desert Resort Management) and Gen Wangler, Esq., CCAL (Fiore Racobs & Powers, A PLC). To help communities prepare for earthquakes, the Programs Committee held a tenth Educational Program & Mini Trade Show on December 13th. Many thanks to our speakers, Jason Ballmann (USC’s Southern California Earthquake Center), Tom Niehaus (Palm Valley Country Club HOA) and Shane Reichardt (Emergency Management Department, County of Riverside) for an outstanding program. We have two outstanding motivational speakers scheduled for our January 10th Educational Lunch Program and Mini Trade Show that will take place at Palm Valley Country Club from 11:15 a.m. to 1:15 p.m. You will enjoy hearing from nationally renowned inspirational speakers, Dr. David Jones and his wife, Jennifer Jones as they tackle the topic, “The Power of One; The Common Denominator Between You and Everyone Else.” You won’t want to miss this program. On Tuesday, January 14th, we will have our next Board Member Workshop. The topic will be HOA Water Usage and our guest speakers will be Ashley Metzger (Desert Water Agency) and Katie Evans (Coachella Valley Water District). As we begin the new year, I hope all of you will consider serving as a CAI-CV committee volunteer. If you want to volunteer, go online to www.cai-cv.org and look for the VOLUNTEER tab. I hope 2020 brings you good health and prosperity.

Mike Traidman

Mike Traidman, Mira Vista at Mission Hills HOA

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Quorum January, 2020


CAI-CV NEW & RENEWING MEMBERS

CAI-CV NEW & RENEWING MEMBERS NEW BUSINESS PARTNERS

NEW MANAGER MEMBERSHIPS

DESERT CONCEPTS CONSTRUCTION, INC. Julio Castro (760) 200-9007 mail@desertconcepts.net

ANP MANAGEMENT Patricia Nugent (760) 289-5279 villaspropertymanager@gmail.com

F.C. LANDSCAPE INC. Griselda Corona Chaidez (760) 347-6600 xxfclandscapexx@aol.com

ASSOCIA DESERT RESORT MANAGEMENT Tina Dehe (760) 346-1161 tdehe@drminternet.com

GAUSTON CORP Steve Burt (760) 776-2100 steve@gauston.com

Genney Groesbeck (760) 346-1161 ggroesbeck@drminternet.com

PROTEC BUILDING SERVICES Andrew Henley (858) 569-1080 ahenley@protec.com TXT2VOTE Corbin Barrett (678) 366-1302 cbarrett@globalmobile.mobi RENEWING BUSINESS PARTNERS DURAMAX BUILDING PRODUCTS Viken Ohanesian (323) 728-3023 sales@uspolymersinc.com EMPIREWORKS RECONSTRUCTION AND PAINTING Chet Oshiro (888) 278-8200 coshiro@empireworks.com GOTHIC LANDSCAPE Kellan Falconieri (951) 840-6766 Kellan.falconieri@gothiclandscape.com OCBS, INC. Mike Mastropietro (800) 834-2323 Mike.mastropietro@ocbsonline.com ROY PALACIOS INSURANCE AGENCY, INC. Tina Neubauer (949) 582-0964 tinap@palinsur.com UGMO TECHNOLOGIES Rick Reinmuth (619) 972-1100 rreinmuth@ugmo.com

Alison Posey (760) 409-5498 aposey@drminternet.com Paula Tapia (760) 766-6354 ptapia@drminternet.com PORTOLA COUNTRY CLUB Phyllis Harkins (760) 346-5481 Phyllis.h@portolacc.com SEABREEZE MANAGEMENT COMPANY, INC. Sue Sweeney (760) 507-5709 thomasandsueare@yahoo.com

Abraham Islas (760) 346-1161 xaislas@drminternet.com

THE MANAGEMENT TRUST Gary Leobold (702) 985-4885 Leobold100@gmail.com

Kenia Molina (760) 346-1161 kmolina@drminternet.com Nikki Royer (760) 346-1161 nroyer@drminternet.com

NEW VOLUNTEER LEADERS ALIANTE INDIO, INC. Diane Brabec Isabel Duran Joseph Evington Francisco Galvez Debby Ann Jacobo Leanna Lopez John Meece Emiliano Ochoa Vielmas Eugene Riddick

DESERT SHADOWS RV RESORT HOA, INC. David Smith (760) 321-7676 frippdavid@hotmail.com RENEWING MANAGER MEMBERSHIPS Susan Percival (760) 767-5944 clubcircleeast@gmail.com ASSOCIA CANYON GATE REAL ESTATE SERVICES Rosemary Chabala rchabala@cgres.com ASSOCIA DESERT RESORT MANAGEMENT William Clifford (760) 625-5971 bclifford@drminternet.com Jamie Dodge (760) 346-1161 jsaldivar@drminternet.com Rebecca Garrett (760) 346-1161 bgarrett@drminternet.com Ashley Layton (760) 346-1161 alayton@drminternet.com Carl McCullough Jr. (760) 601-3228 cmccullough@drminternet.com Larry Pfander (818) 988-9569 lpfander@drminternet.com

LA ROCCA CONDOMINIUM OWNERS ASSOCIATION Cimberly Castellon Kevin Corrigan Steven Fain Gail Halverson John Halverson Richard Hauke Renee Hillier Eileen Pinkerton Michael Taber Patricia Werry Scott Werry PALM VALLEY HOMEOWNERS ASSOCIATION, INC. Mark Barnum Pete Fortenberry RENEWING VOLUNTEER LEADERS PALM VALLEY HOMEOWNERS ASSOCIATION, INC. Glenn Bjorklund Pete Browning James Colonna Donna Jean Darby Neil Machlis

CAI-CV.org

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9


FEATURE

Laguna de la Paz Homeowners Association By Tiffany Wright , CCAM-LS.AA

L

aguna de la Paz is located in the City of La Quinta, the Gem of the Desert. Nestled against the Santa Rosa Mountains, this resort-style community is surrounded by some of the most magnificent views the Coachella Valley has to offer. Located only minutes away from the popular Old Town La Quinta shops, residents can enjoy seasonal farmers markets and a lovely selection of restaurants year-round. Fine dining, golf, entertainment and shopping, are also available at the nearby world famous La Quinta Resort, a Waldorf-Astoria Hotel.

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Quorum January, 2020


FEATURE As you coast up Eisenhower Drive to the entrance of Laguna de la Paz, you’ll be greeted by true professionals at the 24-hour manned gates while you gaze at the stunning entrance and lush landscaping. The entrance was refreshed in 2017 with new custom entry gates and a beautifully commissioned sculpture that draws attention to the surrounding mountains. Once inside the community, you will immediately notice the beautifully designed and colorfully landscaped common areas surrounding a gorgeous lake. One of the greatest features of owning a home in Laguna de la Paz is that the Association also maintains all the front yards to the highest standards, creating a beautifully coordinated community and first-class experience for residents and guests. Laguna de la Paz was built in 1984 and has 392 two and three-bedroom homes, ranging from approximately 1,500 to 2,000 square feet. Home prices currently range from $295,000 to $460,000 and assessments are $500 per month. The community amenities include 15 swimming pools and 16 spas, 5 tennis courts, a fully equipped fitness center and clubhouse. The community is centered around a beautiful five-acre lake with a recently renovated marina. Owners and residents may rent the clubhouse that includes use of the fully functioning commercial kitchen for private events. The association board has several major maintenance projects underway including exterior painting, which was split into two phases. In 2019 the community underwent the first phase, providing eight new color schemes for owners to choose from. Phase two of the exterior painting project will wrap up in early 2020. The board is also overseeing the repair and replacement of the residential roofs. The Association began the replacement of the tile roofs in 2018, with the project continuing into 2020 and is expected to be competed in 2027.

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11


FEATURE The Landscape Committee is continuing to work on water conservation projects. In 2016, they began the process of removing turf along the pony walls. This was done to mitigate future maintenance by eliminating irrigation from striking the wall’s surface. In 2019, they replaced and upgraded all the irrigation heads for maximum coverage and conservation. In 2020, the board and Landscape Committee are planning a lake enhancement project to update and beautify the lakeside planter beds. Laguna de la Paz has many active committees run by resident volunteers. The Social Group keeps residents busy year-round with outstanding social events. The Maintenance Committee is responsible for keeping the common area components working efficiently. The Architectural Committee upholds key design elements of the governing documents and the Communications/Marketing Committee helps keep residents informed. With a forward-thinking board of directors, the Strategic Planning Committee has developed a strategic plan that ensures that Laguna de la Paz will continue to be a beautiful resort community that residents are proud to call home. Laguna de la Paz uses the following CAI vendors: Sunshine Landscape, Epsten, APC, Desert Fire, AMS Security, Prendiville Insurance, and Allied Universal Protection. Tiffany Wright, CCAM, is the manager of Laguna de la Paz and is a Community Association Manager with Albert Management, Inc. Tiffany holds her CCAM, LS (Large Scale) and AA (Active Adult) designations from CACM and has been in the CID industry for over 16 years. Tiffany can be reached at (760) 346-9000 ext. 1727 or by email at tiffany.wright@albertmgt.com. 12

Quorum January, 2020


choose the right loan

for your next project. take that to the bank Brendan Concannon Regional Account Executive 619-261-6643 Toll Free 866-800-4656, ext. 7480 brendan.concannon@ mutualofomahabank.com

mutualofomahabank.com

Member FDIC Equal Housing Lender

AFN45863_0117

EQUAL HOUSING

LENDER

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13


2020 TITANIUM SPONSOR SPOTLIGHT

CAI-CV

GARDNER OUTDOOR AND POOL REMODELING Around 45 years ago, two of the three owners of Gardner Outdoor and Pool Remodeling, Scott and Mike McKenna, were in high school when Mike, the older brother, had a bright idea. “Let’s dig a pool out behind the football field!” he suggested. Scott enthusiastically agreed. So there they were in the middle of the night, armed with picks and shovels, in a great big hole, when campus security discovered them and (I may be taking some poetic license here) ordered, “Okay, everybody outta the pool!” Talk about fate. Today, with their nephew and co-owner, Josh Owsley, they have proudly built the largest Southern California pool remodeling company. They cut their teeth on pool building with their father in their company, Trimac Pools, before shifting to remodeling and purchasing Gardner in 1994. There is a key difference between learning this business from looking down from the deck vs. looking up from a hole in the ground. Pools are a complicated piece of engineering due to many factors; soil shifting, hydraulics, chemistry and more. From the moment a pool is filled with water, it begins the process of self-destruction, whether from chemicals attacking its surface to the earth itself undermining its stability. Having deep knowledge of the inner workings, design and experience of potential underlying challenges is what gives Gardner the edge. Being in continuous business for 51 years and employing over 150 people, that edge has paid off. Pebble Technology®, the premier aggregate pool finish creator and manufacturer, agrees since they awarded Gardner license to install their line since 2001. Leslie's Pool Supplies also agrees since, after months of research, they contracted to exclusively partner with Gardner. Also, practically every major pool builder subcontracts to Gardner, including Palm Springs-based Tessera Outdoors, the premier pool builder in Coachella Valley. Imagine; remodeling over 1,600 pools a year all began in a big hole in the ground behind the football field.

Thank you to Gardner Outdoor and Pool Remodeling for their generous support of CAI-CV! 14

Quorum January, 2020


In high school, Mike was caught digging a pool behind the football field‌ by hand! Today he remodels pools! Was there ever any doubt?

Remodeling pools and Backyards since 1969 Quality work at a fair price

Lic #896061 C-53 CAI-CV.org

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15


FEATURE

Speed Bumps - Are They Safe? By Bruce Latta, CMCA

S

peed bumps are unfortunately ubiquitous - you'll find them wherever you go. They have become increasingly popular in HOAs in recent years. While we understand their purpose of slowing traffic for safety reasons, most of us see them as an annoyance and inconvenience. The physical jolt we experience along with the wear and tear on our vehicles is an unwelcome reminder to slow down. If speeding wasn’t an issue, we wouldn’t need these nasty bumps in our roads. We don’t live in a perfect world and boards must do what they can to provide safe roads for residents. However, as we evaluated road safety for our neighborhood at Parc La Quinta, we found some surprising information that caused us to rethink and eventually redo our speed bumps. Surprisingly, speed bumps come in many shapes and sizes – and have different names depending on their style – we have speed bumps, speed humps, speed cushions, speed lumps (City of Sacramento specialty), speed table (raised sidewalk), and undulations. Technically they all fall under the category of “traffic calming devices.” The U.S. Department of Transportation Federal Highway Administration says, “Traffic calming reduces automobile speeds or volumes, mainly through the use of physical measures, to improve the quality of life in both residential and commercial areas and increase the safety and comfort of walking and bicycling.” They offer

16

Quorum January, 2020

“Traffic calming devices shall be prohibited unless approved by the fire code official.” a free online resource for public use that has a thorough review of traffic calming devices and contains all the possible information a board would need on the subject. See https:// safety.fhwa.dot.gov/speedmgt/traffic_calm.cfm. Interestingly, the Institute of Transportation Engineers’ guidelines suggest speed humps for residential use. Speed humps, as opposed to speed bumps, are more gradual and span the width of the street tapering at the gutters so not to interfere with storm water flow and have a maximum height of 3 inches. Speed bumps on the other hand are narrower and more abrupt and are generally used on private driveways and parking lots. As I dug deeper into my speedbump investigation, I found a 2012 International Fire Code (IFC) update to address traffic calming asking that there be better coordination with fire


departments when placing traffic calming devices. Then, I found that in California, we have specific regulations that apply to traffic calming devices. The California Fire Code Section #503.4.1 titled Traffic Calming Devices says, “Traffic calming devices shall be prohibited unless approved by the fire code official.” It appears that this approval requirement applies to all roadways, both public and private. I started to find more information that showed traffic calming devices can have a negative effect on emergency response times. Emergency vehicles need to get places fast to fight fires and care for sick and injured people. Speed bumps not only slow down the emergency vehicle, they can physically jar first responders and their equipment and can interfere with life-saving efforts like CPR. The Institute of Transportation Engineers estimates about 9.8 seconds per speedbump is added to emergency response times because of the trucks need to slow down. Considering the size and weight of a fire truck plus the 500 gallons of water they carry, requires them to slow to a complete stop before they can maneuver a common neighborhood speedbump. Multiply the number of speed bumps in your community by the 10 second measure and that will tell you how much additional time it will take for help to arrive. Firefighters will tell you that seconds matter when you are talking about life and death situations or an erupting fire. The Los Angeles Times reported (1999) that some neighborhoods have been ordered to remove speed bumps. The upscale gated community of Coto de Caza removed speed bumps (about a dozen) from its major streets after fire officials said the traffic-slowing devices were hindering efforts by firefighters to quickly respond to emergencies. This was after the fire department threatened them with misdemeanor charges. Dove Canyon, Coto’s neighboring community, also was ordered to remove speed bumps. Subsequently, Orange County Fire Authority added language to the fire code

Association Counsel Assessment Recovery Document Amendments Dispute Resolution Contracts & Insurance Construction Law Construction Defect Litigation Civil Litigation Appellate Law Developer Transition Fair & Senior Housing

Common interest development law – it’s complicated.

Contact us! www.epsten.com • 800.300.1704

Licenses #664779

Asphalt R&R New Paving Construction ADA Compliance Service Grinding & Pulverizing Overlays & Fabric Installs Seal & Striping Concrete R&R

Proud Members of: BIA,BOMA,CAI,IREM,CACM,CREW

CAI-CV.org

So-Cal: 951.940.0200 Desert Division: 760.320.9600

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17


FEATURE

"Orange County conducted tests and developed a design of speed cushions. They are a hump, but they have two gaps in the middle specifically designed for the firetrucks wheels to pass through without going over any hump or bump." requiring greater review by the agency before speed bumps are installed in any areas within its jurisdiction. Seeking a balance for maximum safety, Orange County conducted tests and developed a design for “speed cushions.” While they still have the hump, they added two gaps in the middle specifically designed for firetruck wheels to pass through without going over any hump or bump. They found that these “speed cushions” caused no delay to emergency response times. Other cities have started their own programs. San Diego found fire vehicles can travel over the cushions at full speed with no delay. Sacramento found using speed cushions instead of speed bumps resulted in a savings of almost 13 seconds per speedbump. Danville found that no delay occurred in response times when using speed cushions, compared to the 10 to 15 second delay observed with speed bumps. The U.S. Department of Transportation, Traffic Calming ePrimer website – Module 5, Section 5.3 says, “Speed cushions

18

Quorum January, 2020

are effective at reducing speeds on residential roadways while meeting the needs of fire departments.” A four-minute video from Tualatin Valley (Oregon) Fire & Rescue is available on YouTube that explains the reasons for using speed cushions as the traffic calming measure: https://www.youtube.com/ watch?v=-R0f1nj7oeM . When evaluating speed bumps in your neighborhood, remember that a minute delay could mean the difference between life and death. We reformed our speed bumps into speed cushions at Parc La Quinta. Come by and take a look. Bruce Latta, CMCA, is the chairman of CAI-CV's Homeowner Leader Committee and is President of the Parc La Quinta Homeowners Association. He is the Project Manager for Indio Properties Land. He previously served as the manager of Jackson Monroe Owners Association. He has served as a fair and festival manager and is a Certified Fair Executive (CFE). He is a graduate of California State University Los Angeles and holds a certificate in Meetings and Events Planning from San Diego State. Bruce can be reached at 760-285-5617 or by email to plqhoablatta@gmail.com


SPECIALIZING IN COMMUNITY ASSOCIATION INSURANCE Master Policies | Earthquake | Directors and Officers | Fidelity | Workers’ Compensation

Matthew Lawton, CIC, CIRMS

www.HOAville.com | (760) 770-5868 ext.302

71687 Highway 111, Suite 203, Rancho Mirage, CA 92270 Matt@PrendivilleAgency.com | License #0E02075

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

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@CAI-CV

19


LANDSCAPING

Annual Color Care and Maintenance By Greg Cairns

D

esert landscaping presents many your flowers to thrive and bloom and such as snapdragons, poppies and challenges, particularly during give you that beautiful presentation of alyssum. All of these require a good the “season” when flower beds become color throughout the entire season. amount of sun. If you plant them in a a key focal point for most of our comPlants root into the soil as a way of shady area they will not perform well. munities. Many managers and board staying upright, and soil is their main They may survive but not thrive. Your members work diligently to figure out source of water and food. Having healthy landscape professional or annual color how best to achieve successful annual soil is critical to having healthy plants. provider can help you in making the color beds. With 30 years of experience Soil preparation requires you to know proper selection based on the location in commercial plant sales, I’ve seen it all, your soil. As a first step, talk with your of your flower beds. including what works and what doesn’t. landscape professional about getting Not all annuals are created equally. Here are some insights that will help you your soil tested. In fact, a soil test is Do your research and learn about new maximize your investment in annual important before planting annuals varieties of annuals that outperform color beds. every season. The soil test will tell you their older siblings. One easy way to What is an annual? Unlike most desert if your annuals will have the nutrients do this is to drive around and when you landscaping, annuals are plants that to develop properly. Because annuals see a flowerbed that has something new, live for just one growing season. stop and take a photo. One great "...ANNUALS ARE PLANTS THAT LIVE example of a new variety is the They are relatively inexpensive FOR JUST ONE GROWING SEASON. and can give you a lot of bang for Limbo Petunia. It is one of my your buck in terms of color, bloom favorite newer varieties. We call THEY ARE RELATIVELY INEXPENSIVE and unique appearance. They are AND CAN GIVE YOU A LOT OF BANG it a natural dwarf non-stretching genetically programmed for fast petunia. What that means is that it FOR YOUR BUCK..." growth and heavy bloom but they will not get leggy but will develop must be replanted each year. are fast growing, it is also important to into a mound-shaped and well-branched The most important factor in plant- make sure your plants have proper root plant covered in f lowers. Another ing successful annuals is the condition absorption, which is the key to feeding attribute to this new plant is it resists of your soil and there is more to soil and watering your annuals. Soil con- rainy, damp and dark days and seems to than just sand and stones. Soil is full ditions must be suitable for good root recover better than other petunia variof minerals, microbes and various systems to develop. Soil testing will give eties. If you have not tried it, you should. other elements that your plants need you the information you need to get off Talk with your color provider about other to survive and thrive. As you drive to the proper start. new genetics. Armstrong Growers and around the Coachella Valley, you will Choosing the correct annuals is some other nurseries are constantly see many freshly planted flower beds another important undertaking. Plant testing, developing and growing newer that look good for a week or so and then selection will depend on the location, varieties that are released each year. become dull. The plants are surviving amount of sun and soil conditions. Be These new varieties are worth testing but when you compare them to flowers sure to select the right plant for the in your flower beds. in other communities, you can tell the right location. Petunias, geraniums and Many of you will have heard of deaddifference. When you invest in annuals, pansies are some of our most common heading where old flowers, as they begin you want more than survival, you want fall annuals along with accent plants to fade, are pinched off the plant. This is

20

Quorum January, 2020


LIC. #493686 | INSURED

(760) 341-4345 • • • • extremely important. Annuals are genetically programed for a short growing season, so they grow fast, flower quickly, and produce seed before they die. When you remove old flowers before they go to seed, the plant continues to flower. Deadheading works particularly well with geraniums, snapdragons and poppies. Finally, it is important to watch your plants for damage such as brown leaves and signs of insects so you can

address these immediately. Knowing what is causing damage is vital to your plant’s success. Damage due to living factors would include fungi, bacteria, pests, etc. Nonliving factors could include mechanical damage or breakage, environmental factors such as cold or heat, excessive moisture, or chemical damage. A quick scouting of your beds daily will greatly improve you color success. As soon as you see damage, report it to your landscaper or bring a sample in to your nursery for evaluation. Beautiful annuals require diligence and care, but their performance is worth the investment. Rely on the industry professionals to help guide you with these issues. It can be your landscape professional, chemical/fertilizer provider or even your commercial flower salesperson. Greg Cairns is a Commerical Sales Consultant/ Designer with Armstrong Growers. He can be reached at (760) 272-0898 or by email at gcairns@armstronggrowers.com.

We believe that operating a quality painting business is really very simple ...

“Our work must be as good as the money you paid us.”

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"THIS IS EXTREMELY IMPORTANT. ANNUALS ARE GENETICALLY PROGRAMED FOR A SHORT GROWING SEASON, SO THEY GROW FAST, FLOWER QUICKLY, AND PRODUCE SEED BEFORE THEY DIE. WHEN YOU REMOVE OLD FLOWERS BEFORE THEY GO TO SEED, THE PLANT CONTINUES TO FLOWER."

The HOA Specialist 25 years in the Coachella Valley Over 20,000 homes painted Our Foremen have been with us for 30 Years!!!

JANUAR Y 2020

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FEATUR ING 10 Laguna de la Paz Homeow 16 Speed ners Associa Bumps tion 24 HOA Earthquak e Insuranc Myths and Understand e Dispelling the 34 The Fina ing the Risk ncial Risk s s of Reserve Stud Not Obtaini ng A y

MUST BE CAI-CV MEMBER IN GOOD STANDING

CONTACT THE CAI-CV OFFICE

CAI-CV.org

(760) 341-0559

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21


EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW

December 13, 2019

When the Earth Moves is Your Community Ready?

22

Quorum January, 2020


FRIDAY, DECEMBER 13, 2019

GUEST SPEAKERS JASON BALLMANN USC’S SOUTHERN CALIFORNIA EARTHQUAKE CENTER

SHANE REICHARDT DIRECTOR OF EMERGENCY MANAGEMENT DEPARTMENT, COUNTY OF RIVERSIDE

TOM NIEHAUS EMERGENCY PREPAREDNESS COORDINATOR, PALM VALLEY COUNTRY CLUB HOA

THANKS TO OUR SPONSORS MEMBERSHIP SPONSOR PRENDIVILLE INSURANCE AGENCY

EXHIBITOR BOOTH SPONSORS ALAN SMITH POOL PLASTERING BPR INC. DELPHI LAW GROUP, LLP EMPIREWORKS GAUSTON CORP. O'CONNELL LANDSCAPE MAINTENANCE PATIO SHOPPERS, INC. PWLC II, INC. SUNSTATES SECURITY THREE PHASE ELECTRIC TINNELLY LAW GROUP

THANKS TO OUR EARTHQUAKE VENDOR TABLE SPONSORS GREG PAPAZIAN, EMERGENCY SERVICES, CITY OF PALM DESERT CARLA SULLIVAN DILLEY, COACHELLA VALLEY DISASTER PREPAREDNESS NETWORK KEN EKLUND, SUN CITY PD EMERGENCY PREPAREDNESS COMMITTEE JAMES BROCK, RED CROSS

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23


2020 CALENDAR

COMMUNITY ASSOCIATIONS INSTITUTE - COACHELLA VALLEY JANUARY

1 WEDNESDAY 10 FRIDAY 14 TUESDAY 15-18 WEDNESDAY-SATURDAY 17 FRIDAY 20 MONDAY 24 FRIDAY

HOLIDAY - NEW YEAR’S EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) BOARD MEMBER WORKSHOP (BMW) CAI NATIONAL LAW SEMINAR AWARDS & MONTE CARLO NIGHT - ATLANTIS HOLIDAY – MARTIN LUTHER KING DAY ANNUAL COMMITTEE LEADERSHIP TRAINING

28

CAI-CV BOARD MEETING

TUESDAY

25

TUESDAY

MARCH 6 13 20 24 27 27

FRIDAY FRIDAY FRIDAY TUESDAY FRIDAY FRIDAY

3 FRIDAY 7 TUESDAY 10 FRIDAY 17 FRIDAY 24 FRIDAY 28 TUESDAY 30

THURSDAY

MAY

1 FRIDAY 5 TUESDAY 15 FRIDAY 22 FRIDAY 25 MONDAY 26

TUESDAY

JUNE

HOA BOARD BASIC TRAINING BOARD MEMBER WORKSHOP (BMW) CAM DAY - NUTS & BOLTS FOR COMMUNITY MANAGERS / ASSISTANTS M-201 FACILITIES MANAGEMENT (FOR MANAGERS) (CEU) HOLIDAY – PRESIDENT’S DAY EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV BOARD MEETING

EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) M-206 FINANCIAL MANAGEMENT (FOR MANAGERS) (CEU) ASSISTANT MANAGER ON THE RUN (AMOTR) (CEU) CAI-CV BOARD MEETING BOARD MEMBER WORKSHOP - ASK THE ATTORNEY (BMW) CORKS FOR CLAC WINE TASTING CAI DAY AT THE CAPITOL

MANAGER ON THE RUN (MOTR) (CEU) BOARD MEMBER WORKSHOP (BMW) EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) M-203 COMMUNITY LEADERSHIP (FOR MANAGERS) (CEU) ANNUAL SPRING GOLF TOURNAMENT CAI-CV BOARD MEETING PCAM SOCIAL & FUNDRAISER

ASSISTANT MANAGER ON THE RUN (AMOTR) (CEU) BOARD MEMBER WORKSHOP (BMW) EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) M-204 COMMUNITY GOVERNANCE (FOR MANAGERS) (CEU) HOLIDAY – MEMORIAL DAY CAI-CV BOARD MEETING

2 TUESDAY 5 FRIDAY 5 FRIDAY 5 FRIDAY 10-13 WEDNESDAY-SATURDAY 19 FRIDAY 26 FRIDAY

BOARD MEMBER WORKSHOP (BMW) MANAGER ON THE RUN (MOTR) (CEU) EDUCATED BUSINESS PARTNER COURSE ANNUAL SUMMER SIZZLER CAI NATIONAL CONFERENCE EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) ANNUAL BOWLING TOURNAMENT

30

CAI-CV BOARD MEETING

TUESDAY

FRIDAY FRIDAY

23-25 THURSDAY-SATURDAY

AUGUST

M-100 ESSENTIALS OF COMMUNITY MANAGEMENT (CEU)

7 21

FRIDAY FRIDAY

MANAGER ON THE RUN (MOTR) (CEU) CMCA REVIEW (FOR MANAGERS)

25

TUESDAY

CAI-CV BOARD MEETING

1 TUESDAY 4 FRIDAY 7 MONDAY 11 FRIDAY 15 TUESDAY 17-18 THURSDAY-FRIDAY 25 FRIDAY

BOARD MEMBER WORKSHOP (BMW) ASSISTANT MANAGER ON THE RUN (AMOTR) (CEU) HOLIDAY – LABOR DAY EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) ANNUAL COMMUNITY MANAGEMENT CAREER NIGHT M-205 RISK MANAGEMENT (FOR MANAGERS) (CEU) COMMON INTEREST DEVELOPMENT LAW COURSE – CALIFORNIA (FOR ALL MEMBERS)

29

CAI-CV BOARD MEETING

TUESDAY

OCTOBER

2 FRIDAY 6 TUESDAY 9 FRIDAY 10 SATURDAY 12 MONDAY 15-16 THURSDAY-FRIDAY 23 FRIDAY 27 TUESDAY

M-202 ASSOCIATION COMMUNICATIONS (FOR MANAGERS) (CEU) BOARD MEMBER WORKSHOP (BMW) MANAGER ON THE RUN (MOTR) (CEU) BOARD BASIC TRAINING HOLIDAY – COLUMBUS DAY CAI NATIONAL CALIFORNIA LEGAL FORUM LEGISLATIVE UPDATE & MINI TRADE SHOW (CEU) CAI-CV BOARD MEETING

30

ANNUAL OKTOBERFEST

FRIDAY

NOVEMBER

3 TUESDAY 6 FRIDAY 11 WEDNESDAY 13 FRIDAY 17 TUESDAY 20 FRIDAY

CAI'S BOARD LEADERSHIP DEVELOPMENT WORKSHOP ASSISTANT MANAGER ON THE RUN (AMOTR) (CEU) HOLIDAY – VETERAN’S DAY M-300 ETHICS AND THE COMMUNITY MANAGER (FOR MANAGERS) (CEU) CAI-CV BOARD MEETING EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU)

26-27 THURSDAY-FRIDAY

HOLIDAY - THANKSGIVING

DECEMBER

1 TUESDAY 3-4 THURSDAY-FRIDAY 4 FRIDAY 11 FRIDAY 15 TUESDAY

BOARD MEMBER WORKSHOP CAI’s PCAM CASE STUDY (FOR MANAGERS) (CEU) MANAGER ON THE RUN (MOTR) (CEU) EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (CEU) CAI-CV BOARD MEETING

24-25 THURSDAY-FRIDAY

HOLIDAY - CHRISTMAS

JANUARY 2021 15

FRIDAY

CEU = CONTINUING EDUCATION UNITS OFFERED

24

HOLIDAY – INDEPENDENCE DAY ASSISTANT MANAGER ON THE RUN (AMOTR) (CEU)

2020

30-31 MONDAY-TUESDAY

APRIL

3 10

SEPTEMBER

FEBRUARY

1 SATURDAY 4 TUESDAY 7 FRIDAY 14 FRIDAY 17 MONDAY 21 FRIDAY

JULY

Quorum January, 2020

AWARDS & MONTE CARLO NIGHT


A CELEBRATION OF LIFE

Carol A. Fulton DECEMBER 16, 2019

Carol Fulton will be missed by all of us at CAI-CV. She was an important business partner member representing the LaBarre/Oksnee Insurance Agency with CAI clients for many years. Carol held CAI's distinguished Community Insurance and Risk Management Specialist (CIRMS) designation. She served on many CAI committees and as President of the Chapter. Carol was one of the founders of CAI-CV's scholarship fund. To honor Carol, the CAI-CV Board of Directors has renamed the CAI-CV scholarship fund as CAI-CV Carol A. Fulton Scholarship Fund. A gathering in Carol's honor will take place at Palm Valley Country Club on Saturday, January 11th, at 1:00 p.m. All are invited. Donations in memory of Carol, if desired, may be made to the Kidney Institute at the Eisenhower Medical Center.

For God so loved the world, that He gave His only begotten Son, that whosoever believeth in Him should not perish, but have everlasting life. JOHN 3:16

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25


FEATURE

HOA Earthquake Insurance

Dispelling the Myths and Understanding the Risks By Brian Berce

I

s your HOA on shaky ground? Well, if protect our community?” The answer There are many factors that go into the You're located in California, the answer is to contact an insurance broker who final pricing such as location, number of is most likely yes. The USGS or United is familiar with the needs of the HOA stories, building age and construction, States Geological Survey predicts a 60% industry and request a proposal for a and parking. However, when buying in chance of a 6.7 or higher earthquake master earthquake insurance policy. It bulk, it is not uncommon for the pricing striking Southern California sometime is important when purchasing insurance to be $150-$200 per unit owner per year. in the next 30 years and the chance in the of any kind for your association to seek A deductible is simply the portion of San Francisco Bay area is even greater. out a professional who is very familiar the loss to be absorbed by the insured. It is not a matter of IF a large On your home and car poliearthquake will strike our area, cies your deductible is a fixed "THERE ARE MANY FACTORS THAT GO INTO it is simply a matter of WHEN. amount usually $500 or $1,000. THE FINAL PRICING SUCH AS LOCATION, Your association may be With earthquake insurance NUMBER OF STORIES, BUILDING AGE AND more complex than you realize. your deductible is a percentage There are many different items of the total loss. For instance, CONSTRUCTION, AND PARKING." that would need to be replaced Happy Hills association has 200 or compensated for after a quake. These with HOA insurance. Only an experi- units and has $20,000,000 in insurance. items include, but are not limited to, enced HOA broker is going to know the If they had a total loss, Happy Hillls buildings, foundations, underground coverage that you need and have the would be responsible for their deductible utilities, parking garages or carports, ability to adequately shop the markets percentage, which we are going to say is streets, walkways, walls, pools and spas, for the best terms and pricing for your 10 percent. They would then be responand the loss of association dues that the association. sible for $2,000,000 and the insurance association is unable to collect. When Most people think earthquake insur- company would pay $18,000,000. In this you start to add up all the repairs and ance is really expensive and has crazy scenario, each unit would be responsible replacement costs, it is easy to see how high deductibles. The truth is that (assessed) for $10,000, compared to an devastating an earthquake can be to a earthquake insurance has come down assessment for $100,000 from each unit community. in price over the past ten years and there if they had no insurance. The good news I am often asked, “What can we do to are many more deductible choices now. is that in today’s market, deductibles as

26

Quorum January, 2020


$4.95

OCTOBER 20

OCTOBER 2019

FEATURING 10 How HOA Boards Can Participate in the Legislative Process 16 Important Legislative Updates for 2020 20 2019 Case Law Update 28 The New State of HOA Election Laws 38 Making New Laws in California – The Legislative Process 43 Common Courtesy: How to Promote Civility in Community Associations

FEATURING

10 Summerset Springs Condominiums Associatio 18 Before Amending CC&Rs Avoid “Ready, Fire, Aim!” 32 Palm Springs Villas II Homeowners Association vs. Erna Parth

FEATURING 10 CAI-CV Quorum Magazine Year in Review 18 Christmas Recipes 20 HUD Takes Important Steps to Address Concerns Regarding Emotional Support Animals 27 Who Me? Serve on an HOA Board? 32 Surefire Steps to Guarantee Meetings SAVE THE DATEBoard - CAI’S LEGISLATIVE Will Be Longer 34 Board Training 101

SAVE THE DATE - CAI’S LEGISLATIVE UPDATE LUNCH PROGRAM • FRIDAY, NOVEMBER 15TH - TICKETS ON SALE NOW!

SAVE THE DATE - CAI’S LEGISLATIVE UPDATE LUNCH PROGRAM • FRIDAY, NOVEMBER 15TH - TICKETS ON SALE NOW!

UPDATE LUNCH PROGRAM • FRIDAY, NOVEMBER 15TH - TICKETS ON SALE NO

SAVE THE DATE - CAI’S LEGISLATIVE UPDATE LUNCH PROGRAM • FRIDAY, NOVEMBER 15TH - TICKETS ON SALE NO

Civility in Community Associations 43 Common Courtesy: How to Promote The Legislative Process 38 Making New Laws in California – 28 The New State of HOA Election Laws 20 2019 Case Law Update 16 Important Legislative Updates for 2020 in the Legislative Process 10 How HOA Boards Can Participate

34 Board Training 101 Will Be Longer 32 Surefire Steps to Guarantee Board Meetings 27 Who Me? Serve on an HOA Board? Regarding Emotional Support Animals 20 HUD Takes Important Steps to Address Concerns 18 Christmas Recipes 10 CAI-CV Quorum Magazine Year in Review

ATTENTION ALL CAI-CV MEMBERS FEATURING

vs. Erna Parth Homeowners Association 32 Palm Springs Villas II Avoid “Ready, Fire, Aim!” 18 Before Amending CC&Rs Condominiums Associatio 10 Summerset Springs

FEATURING

YOU CAN NOW CHOOSE TO REDUCE YOUR CARBON FOOTPRINT FEATURING

QUORUM IS GOING DIGITAL BENEFITS • Professionally Published Magazine Format • Easy to Read on Computer, Tablet or Phone • One Click to Advertisers’ Websites • Click Through to Register for Events • Easy Forwarding of Articles to Clients and Associates • Easy to Download and Print Specific Pages • Easy Access to Past Issues • Saves Forests 9102 REBOT CO

9102 REBMEVON

NOVEMBER 2019

OCTOBER 20

9102 REBMECED

Brian Berce is with Golden Alliance Insurance based in Agora Hills, California. Brian may be reached at (818) 584-8044 or by email at brian@goldenallianceinsurance.com.

DECEMBER 2019

NOVEMBER 2019

low as five percent are offered on most risks. Is earthquake insurance too expensive? Not really when compared to the cost of losing the entire value of your community. Who should determine whether the association should purchase a master earthquake policy? Should it be a board decision, or do we put it out to a vote of the community? I have found that most boards will agree that earthquake insurance is the responsibility of the board. It falls under their duty to protect and enhance home values. The board is typically in the best position to determine what’s best for the entire community. However, in cases where assessments would need to be raised beyond the statutory (or governing document) threshold, a vote would be necessary. If a vote is needed, be sure to invite your insurance professional out to answer questions in a townhall type meeting. The combination of risk in California along with a firm look at potential losses is compelling, and your insurance professional can make the case convincingly. There are some additional advantages to having a master insurance earthquake policy. One is the peace of mind of knowing that the community that you call home will be rebuilt in the event of an earthquake. Otherwise, the future is unknown. Second, earthquake insurance is an asset of the community that can raise the value of individual units. Most buyers will want the safety and security of knowing that their home will be rebuilt, and their investment protected. Also, in today’s market, we are seeing more cash buyers, particularly in retirement communities. These buyers come in with 100% equity that would be at risk if the homes were not protected by insurance. In conclusion, having earthquake insurance in California makes sense and will protect home values for your community. We don’t know when the big one will strike, but living along the San Andreas Fault increases the risk of major damage. Boards can rest assured that buying earthquake insurance is the right decision.

DECEMBER 2019 NOVEMBER 2019

$4.95

DECEMBER 2019

PAPER COPY OF QUORUM IS STILL AVAILABLE! CAI-CV MEMBERS WILL HAVE A CHOICE TO CONTINUE TO RECEIVE HARD COPIES AS FOLLOWS: • Homeowner Leaders – One Copy Per Member (three copies maximum per association) • Manager Members – One Copy Per Member • Business Partners – One Copy Per Member Company

ADDITIONAL SUBSCRIPTIONS AVAILABLE? Order 12 Months of Quorum for only $36 at www.cai-cv.org (member price)

ADDITIONAL SINGLE-ISSUE COPIES ARE AVAILABLE? SINGLE PAPER COPY PRICE

$3.65 (member) | $4.95 (nonmember) Bulk Order Pricing Available – Call (760) 341-0559 CAI-CV.org

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27


FEATURE CA LIC. #907600 AZ LIC. #286198

www.brsroofing.com

Community security to network security: HOA protection and IT solutions. The world is changing. From electronic security systems that protect your community and residents to advanced IT environment solutions, get ironclad protection. As industry leaders, we’ve forged two decades of trusted relationships. Providing integrated, technology enabled services from a single source, we safeguard everything from perimeter walls to firewalls. So whether it’s your community or your IT network, we’ve got your back. Always.

For more, go to amsconnectme.com or call 760.341.3593. We’ll get you protected and connected. You’ll see. 28

Quorum January, 2020


BECOME A CAI-CV KEY INFLUENCER SPEAKER, INSTRUCTOR, FACILITATOR OR QUORUM MAGAZINE AUTHOR NEW IN 2020, CAI-CV will choose speakers, instructors, facilitators, and Quorum Magazine authors from CAI-CV’s Corporate Sponsors, and committee volunteers based on their level of participation. Choose your dates and topics early by telling the CAI-CV board which programs you’re interested in and let us know the name of your representative on the form below. • Establish yourself and your company as an industry leader! • You’ll be recognized in Quorum Magazine and at events! • Maximize your impact by becoming a sponsor of the class you’re teaching or buy an ad in Quorum Magazine to place next to your article!

Mark Your 2020 Calendars!

CAI-CV’S EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW FRIDAY, FEBRUARY 21, 2020, 11:15 A.M. TO 1:30 P.M. Palm Valley Country Club 39205 Palm Valley Dr, Palm Desert

GUEST SPEAKERS

Matt Ober, President CCAL, Partner, Richardson | Ober | DeNichilo LLP Jeff French, Esq., Green Bryant & French, LLP Michael Knighten, Esq., Knighten & Parlow, PC

TOPICS

DEFH Regs / FHA / ADA Areas of exposure for harassment under Fair Housing Regs Ways to reduce harassment claims in your community Know when neighbor-to-neighbor disputes become harassment

SPEAKER FORM I’m interested in being considered as a Speaker, Instructor, or Facilitator for the following CAI-CV or CAI National course/program. Event Name:__________________________________ Event Date:___________________________________ Topic:________________________________________ My Name is:__________________________________

SOCIAL MEDIA

Effective communication with social media in your community The do’s and don’ts of social media To post or not—know when a board member can engage in social media

ACCESSORY DWELLING UNITS

Interpreting the new law for your community Association rights to restrict or regulate ADUs Revising architectural rules to address ADUs Relieving owner concerns about ADUs

My Affiliation is:_______________________________ Email:________________________________________ Phone:_______________________________________ Sign__________________________________________ Date_________________________________________

MARIJUANA

How to deal with marijuana complaints and how to limit nuisance issues

ELECTION RULES

The practical problems Associations are having with SB 323 CAI-CV.org

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29


POOLS

A Pool Remodeling Warranty By Mark Feldstein

30

UNDERSTANDING WHAT’S COVERED

THE MULTIPLE COMPONENTS OF A POOL

Commercial swimming pools are big investments and yet are practically required to attract and keep tenants/buyers even though statistics show that pools remain unused most of the time. Pool usage at private homes is generally the same. However, a brochure just won’t attract the same attention if the “beauty shot” doesn’t include a pool. So, it’s an investment from the initial construction to renovations to regular maintenance. From the moment the pool is filled with water, nature and physics are trying to destroy it. The sun can cause crazing (hairline cracks in the finish) before a pool is even finished filling up with water. Water chemistry attacks grout, tile, and interior finishes. Even water, seeping into areas it shouldn’t, creates rust and other damage. To protect your investment, it’s important to understand your pool’s warranty, what it covers, and what it doesn’t.

When remodeling a pool, your project comprises several components, including interior finish, equipment, masonry, waterproofing, etc. There is no such thing as a “bumper to bumper” pool remodeling warranty for these reasons:

Quorum January, 2020

1. Each pool component has a different expected life and therefore cannot be warrantied the same.

2. Some elements are covered by a product manufacturer while others are warrantied by the applicator (remodeling contractor).

3. There are limitations because ongoing pool care is out of the control of the remodeling contractor. Improper chemistry and maintenance can ruin a pool finish within months, even weeks. That is why it is so critical that commercial properties either hire pool service professionals who are experienced in the maintenance of commercial pools or training in-house maintenance including certified as a CPO (Certified Pool Operator).


"TO PROTECT YOUR INVESTMENT, IT’S IMPORTANT TO UNDERSTAND YOUR POOL’S WARRANTY, WHAT IT COVERS, AND WHAT IT DOESN’T."

THE INS & OUTS OF A POOL REMODELING WARRANTY Warranties don’t cover damage caused by nature. A pool warranty typically covers workmanship, products, and equipment. • Pool Finish Delamination. Warranties for pool finish delamination are between five and ten years; it covers bonding which is the adhesion of the pool finish to the gunite or shotcrete shell of the pool. If they separate — called delamination — it is under the control of the remodeling contractor. If delamination is going to occur, it typically happens in the first six months. • Pool Equipment. Most pool warranties cover equipment from one to three years. Some manufacturers offer up to three years when multiple pieces of equipment are purchased at the same time – typically, a pump, filter and something else like a heater or controller. A remodeler’s warranty covers only installation. Any malfunction is covered by the manufacturer since they are experts on how to repair equipment and can provide replacement parts. • Masonry. Workmanship such as installing tile and coping are typically warrantied for one to two years. • Discoloration. Stains, rust spots, fading, mottling, thin check cracks (crazing) are examples of what can happen to any pool. Sun exposure and water chemistry can damage tile and pool finishes and therefore are not covered by a pool warranty. • Elite Warranties. Pebble Tec®, the creator of the aggregate pool finish, offers a back-up warranty to the remodeler’s warranty. This practice is unique to the pool building industry. Such elite warranties cover the same limitations as the remodeler — materials, labor, and bonding. It demonstrates that Pebble Tec® stands behind their product and will even pay another remodeler to correct a problem.

POOLS TIPS TO PROTECT YOUR POOL & WARRANTY After five decades of pool remodeling experience, here are our best tips for protecting your pool and warranty:

1. Let your pool remodeling contractor manage the startup of your pool. As mentioned earlier, you can ruin your perfect finish by not following the proper process when filling the pool. For example, stopping the water midway can create a ring (just like a dirty bathtub). The ring cannot be removed without a complete replaster or acid washing an aggregate finish. Avoid the headaches and potential damage to your new pool and have your contractor get your pool up and running. Note: some contractors require they manage this delicate process as part of their project and warranty coverage.

2. Carefully maintain water chemistry and pool equipment. If your pool is well-maintained, you’ll be rewarded with years of enjoyment and delay expensive renovations. Failure to keep your pool’s chemistry in balance will ruin the finish and nullify your warranty.

3. Don’t empty your pool without notifying your remodeler. Pool finishes are delicate. Most cannot withstand prolonged exposure to weather; it will quickly flake and chip. Involve your remodeler before draining a pool to prevent damage or abuse to the finish. If you don’t, your warranty can be broken.

4. Don’t physically abuse the pool. Most Property Managers want to carefully protect their investment by running pool equipment according to the manual and maintaining water chemistry. However, there are some who damage their pool and therefore negate their pool’s warranty. We know that a pool remodeling warranty can be complicated. Most warranty language is about limitations rather than what is covered. A warranty is designed to clearly state what is the responsibility of the pool owner and what is included in the remodeling project. Mark Feldstein is the Chief Financial Officer/Sales Manager for Gardner Outdoor and Pool Remodeling. Mark can be reached at (909) 374-5520 or by email at markf@GardnerRemodel.com. Gardner Outdoor and Pool Remodeling has been serving the Southern California area since 1969. As one of only 50 licensed PebbleTec® applicators in the entire United States and the exclusive SoCal referral partner of Leslie’s Pool Supplies, Gardner Remodeling is the premier pool contractor in San Diego County, LA County, Orange County, and Coachella Valley. You can contact Dave Cole, Outdoor Consultant, at the Indio office at (760) 342-9756.

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CAI'S BOARD LEADERSHIP DEVELOPMENT WORKSHOP

Friday December 6, 2019

CAI Board Leadership Development Workshop Woodhaven Country Club, Palm Desert

CAI National’s Board certificate program took place from 8:00 a.m. to 5:00 p.m. on December 6th. Thank you to our esteemed group of teachers: Eric Angle, PCAM, General Manager, Trilogy La Quinta Rhonda M. Drews, PCAM, Regional Director, RealManage Dan Goodrich, PCAM, General Manager, Sierra Dawn Estates HOA Wayne Guralnick, Esq., Partner, Guralnick & Gilliland, LLP Keith Lavery, PCAM, SVP & CFO, Associa Desert Resort Management Ashley Layton, PCAM, Community Director, Associa Desert Resort Management Cang Le, Esq., Partner, Angius & Terry, LLP James McCormick, Jr., Esq., CCAL, Partner, Delphi Law Group, LLP Matt Ober, President CCAL, Partner, Richardson|Ober|DeNichilo LLP Daniel Ryan, Esq., Partner, McKenzie Rhody LLP

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Quorum January, 2020


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! John Walters-Clark, CMCA®, AMS® Director of Marketing/Business Development 42635 Melanie Place | Suite 103 Palm Desert, CA 92211 | 760.610.7696 jwalters-clark@drminternet.com

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FEATURE

The Financial Risks of Not Obtaining a Reserve Study By Holly Smith CMCA, AMS

M

any managers have been assigned new communities that have not completed a reserve study in five or more years. Most managers, when confronted with this scenario, will see this as a red-flag for possible budget trouble. They know to immediately obtain bids from a professional reserve specialist and to get the study going as quickly as possible. Unfortunately, some boards don’t understand the importance of having a reserve study and how that impacts their ability to manage their budget. An uninformed board may push back, complaining that the expense is too high and may even offer to have a board member do the study or ask the manager to prepare it. Shortcuts that may appear to save money may become very costly to the association in the future. California Civil Code §5550 states, “Every three years, an association must complete an on-site inspection of the major components that the association is obligated to maintain, repair and replace.” This inspection is typically called a reserve study and is an essential element needed to help board members and management create the association’s annual budget. The reserve study helps ensure the association has the funds needed to replace major components when needed. These expenses fall outside of the association’s annual maintenance budget. A typical budget includes operational line items such as landscaping, administration, pest control and pool services. Then, the budget should include an amount to set aside for future spending to replace things like asphalt, roofs, and pool equipment when they fail. These major components may have a lifespan of 20 to 30 years, so by setting aside a portion of funding each month, the entire cost of a major component is in the bank when the replacement is needed. This requires not only the inspection but some diligent digging to determine how long each component is expected to last, and what the future cost will be to replace that component. To avoid unnecessary liability, the board (and management) should turn to a professional reserve analyst who will evaluate the current condition of major components and help prepare a budget for meeting future replacement requirements. Reserve Analysts are trained to visually inspect a property and determine if components such as gates, roads, wood

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Quorum January, 2020

structures, stucco, decking, staircases, pool equipment and other permanent items are in good shape or need attention. They also have training and resources to help them determine future replacement costs and will help determine how much should be set aside each month. Having a well-funded reserve account helps associations avoid special assessments. Utilizing members of the community or an untrained manager to pinpoint component replacement is not usually reliable or accurate and therefore not recommended. By relying on a reserve specialist as their professional advisor, the board limits their liability. This doesn’t mean that the board isn’t involved. The board should assign a knowledgeable board member to work with the reserve analyst in order to ensure that all components are included in the study, and to learn the specific reserve process for their community. Once the on-site inspection has been completed, the analyst will collect additional data including what components have recently been replaced, the dates these projects were completed and copies of invoices. Next, your analyst compares your components to the industry standards to determine how long each of these components should last. The study then provides a 30-year financial calendar of what the reserve contributions should be each year and provides


FEATURE the percentage the reserves need to be increased each year in order to have the proper funding for the community’s projects. The study provides a valuable roadmap for preparing the community’s budget. After the initial study, the reserves should be reviewed annually. The association will be asked to provide the analyst with a list of reserve expenditures from the current fiscal year along with an invoice for each transaction. The analyst adjusts the reserve numbers, resetting each component’s life expectancy as it is replaced, thus keeping the numbers current and allowing managers and boards to set priorities and goals each fiscal year. Associations without a current reserve study cannot anticipate its future needs. Basing repairs and replacements solely on when the component breaks down or allowing the property to fall into disrepair can be costly. When an association is underfunding its reserve account and is not aware of the life expectancy of their components, they run the risk of placing substantial financial burden and inconvenience on the owners. If an association has not reserved adequately, there are several options available to fund component replacement costs:

1.

Increase assessments – An immediate option would be to increase the assessments. Per Civil Code §5605(b) a board can approve increase up to 20% of the monthly dues without homeowner approval.

2.

Special Assessment – Under the same Civil Code, a board may also assess a special assessment up to 5% of the budgeted gross expenses for an association’s fiscal year without a membership vote.

3.

Combination – The association in some cases may need to utilize both an increase in assessments and a special assessment to get the funding needed.

Regardless, no one likes financial surprises. Poor planning that leads to special assessments can impact home values. Delaying replacement or maintenance on major components due to lack of funds is quickly noticeable and has a negative impact on the community. Boards have a duty to ensure that the community’s assets are protected and that property values are maintained for the ownership. If your community has delayed getting a professional reserve analysis and you are worried about the additional cost, consider inviting a reserve specialist to your community for an townhall meeting where residents can ask questions and become educated about the study.

CAI national has a special designation for Reserve Specialists (RS) that shows they are specifically trained to perform reserve studies for HOAs. The RS designation is awarded to qualified reserve specialists who, through years of specialized experience, can help ensure that community associations prepare their reserve budget as accurately as possible. Associations should turn to a professional reserve specialist as a professional advisor to help them meet their fiduciary duties to protect and enhance home values in their community. Your neighbors and potential buyers will feel assured that your community is prepared to maintain the community well into the future. Local reserve analysts can be found by going to the CAI-CV website at www.cai-cv.org. Holly Smith, CMCA, AMS, has over 20 years of property management experience within Southern California and has been in HOA management the last 4 years. She currently works for Powerstone Property Management for the past 3 years and currently serves as the Chair of the Membership and Oktoberfest committees and is active in the Quorum and LSC Committees as well. She can be reached at (760) 797-7797 or hsmith@powerstonepm.com.

JOIN THE

QUORUM COMMITTEE

admin@cai-cv.org | (760) 341-0559

YOUR AD

HERE admin@cai-cv.org | (760) 341-0559

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WATER WISE

CV Water Counts Announces Water Counts Academy 2020 By Katie Evans

Applications Being Accepted Through January 17, 2020 CV Water Counts (CVWaterCounts.com), a collaborative of the valley’s six water agencies, is now accepting applications for the 2020 class of the Water Counts Academy.

“The Water Counts Academy is designed for future and emerging leaders in the Coachella Valley who want to learn about projects and programs related to water,” said Lorraine Garcia, spokesperson for CV Water Counts, and Coachella Valley Water District’s Communication Specialist. “Our first three years of classes were very well received, and we are excited to offer this comprehensive course in 2020 that will cover the history, use and management of water here in the Coachella Valley.” The non-profit collaborative was formed to focus on water conservation, through awareness and education to Coachella Valley residents, businesses and government. It is comprised of the City of Coachella/Coachella Water Authority (CWA), Coachella Valley Water District (CVWD), Desert Water Agency (DWA), City of Indio/Indio Water Authority (IWA), Mission Springs Water District (MSWD) and Myoma Dunes Water Company (MDWC). The next class will be held in early 2020, and will consist of four evening classes – on Tuesdays from 5:30 pm to 7:30 pm, on February 4, 11, 18 and 25, and one final half-day session on Saturday, February 29, which will include a session, tour and graduation ceremony. There is no tuition/fee, and food and refreshments will be provided during the class periods. 36

Quorum January, 2020

THE SESSIONS WILL COVER A VARIETY OF TOPICS AND, ALTHOUGH SUBJECT TO CHANGE, MAY INCLUDE: • Week 1 (February 4): Local Water Overview | History of Water in the Coachella Valley | Coachella Valley Water Sources • Week 2 (February 11): Water Quality & Regulations | Economics of Water Rates • Week 3 (February 18): Building & Development | Agriculture & Water-Efficient Techniques | Cannabis • Week 4 (February 25): Conservation Planning | Golf & Recycled Water • Week 4 (February 29): Half-Day Tour, covering Water Infrastructure valley-wide To apply, complete the application at www.cvwatercounts. com/academy. The deadline for applications is Friday, January 17, 2020. Successful candidates will be notified by email on/before Tuesday, January 28, 2020. Katie Evans is Director of Communications and Conservation for the Coachella Valley Water District. She can be contacted at kevans@cvwd.org.


ATTENTION COMMUNITY ASSOCIATION MANAGERS AND ASSISTANT MANAGERS SAVE THE DATE FOR CAI-CV’s

C

A

M DAY

2020

FRIDAY, FEBRUARY 7, 2020 | 8:30 a.m. – 5:00 p.m. INTRODUCING CAI-CV’S NEW CAM DAY An interactive day of learning for Community Association Managers and Assistant Managers. Earn FIVE Continuing Education Units (CEUs) while attending unique and lively sessions focused on sharpening management skills and professionalism. Choose the sessions that fit your experience and interests.

SING UP ONLINE AT WWW.CAI-CV.ORG. COST: $50

•Landscape Management •Arbor Service •Landscape Design •Landscape & Hardscape Installation •Water Conservation Specialist •Growers of Exotic Palms & Desert Accents

We value and respect your landscaping investment and are dedicated to you and your satisfaction.

Phone: 760- 343-0162 • Fax: 760-343-4804 P.O. BOX 265 Thousand Palms CA 92276 Email: office@proland-inc.com

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FEATURE CAI-CV EVENTS

Annual Holiday

Open House & Charity Event Friday, December 6, 2019, 5:30 p.m.

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Quorum January, 2020


CAI-CVFEATURE EVENTS

ANGEL SPONSOR Roof Asset Management

HOLIDAY WINE SPONSOR O’Connell Landscape Maintenance

SANTA SPONSORS Dunn-Edwards Paints Corporation Pacific Western Bank

PHOTO SPONSOR AMS Paving

ENTERTAINMENT SPONSORS Associa Desert Resort Management Conserve LandCare Fiore Racobs & Powers, A PLC Vantage Point Construction

CLAC SPONSOR Seacoast Commerce Bank

ELF SPONSORS Asphalt MD’s Automation Pride Delphi Law Group, LLP Epsten, APC Frazier Pest Control, Inc. LaBarre/Oksnee Insurance Agency, Inc. NPG Asphalt Servpro of Palm Desert

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MAINTENANCE & RECONSTRUCTION

Managing Risk in Your 2020 Projects By Chris Sigler, B.S.C.E., C.D.T.

J

ohn and Sandra are experienced board members, and love to take good care of their community, working alongside their management team. They have been a “dynamic duo” for many years, serving a couple of decades collectively on the board; John spearheads a lot of the project work for the board, and Sandra is in charge of the newsletter and community events. It’s worked wonderfully for a long time, and they love their volunteer duties. What could possibly go wrong?

RISK IS HIDING IN PLAIN SIGHT We all perform better with a good plan, no matter what the task. When it comes to planning project work for your reserve-related maintenance projects, there is more to consider than you think, and choices regarding risk are hiding in plain sight. A few of the key points to consider as we look ahead to our upcoming 2020 Projects:

2. Who should write the contract? a. If you have a contract that has been used for other projects that is a standard template, it can be constructed by a board member or manager, but before executing a contract, always have a legal review by the HOA’s legal counsel. b. The best practice for contracts is to always have legal counsel involved, either by crafting the contract if you do not have one that is normally used, or reviewing the form provided by the association.

1. Who should write the work scope? a. Having a board member or manager write a work scope can put them right in the line of risk. This risk may be acceptable under certain circumstances but should be considered, especially on larger projects and projects that require technical knowledge. b. Having a professional, independent construction consultant or advisor separates the board and management from risk, should the project “fail” in some form. 40

Quorum January, 2020


3. Who should check the comparability of the bids and the useful life of the materials and work? a. If the bids are set up to be received as “apples to apples” as they say, then the numbers will speak for themselves and the analysis leaves very little to chance. Simple. b. If the bids were solicited without a specification of materials and repair scopes, then a professional, independent construction consultant or other professional advisor knowledgeable about current materials and practices should be deployed to ensure that the repairs are right sized, and accurately, sharply priced.

4. Who should be keeping an eye on the contractor to make sure everything is done correctly? a. If the board has a knowledgeable, experienced board member that is willing to inspect the work, this is feasible, but it does leave risk right in the hands of the association. b. A professional, independent advisor or construction consultant should independently verify that the right materials and methods are being used, with full accountability for quality control inspections. This is the most sure-fire way to remove the association from risk.

BOTTOM LINE: RISK MANAGEMENT 101 The simplest, most effective way to separate your association, its board and management from construction project risk is to involve professional advisors – attorneys, product representatives, licensed contractors and construction consultants – each and every step along the way, through to completion of the work and receipt of all warranties. Chris Sigler is the President and Owner of C.L. Sigler & Associates, Inc., a Construction Management and Consulting firm that exclusively serves the HOA industry. He is a Civil Engineer by trade, with 30 years of Engineering and Construction experience, and is certified with the Construction Specifications Institute (CSI) as a Construction Documents Technologist. Chris can be reached at (760) 469-3048 or by email at chris@siglercm.com.

Time Honored Member Steven Shuey, PCAM, CCAM By Grace Paluck, CamEx, CCAM Steven Shuey works for Personalized Property Management as Community Association Consultant and Operations Manager. He has been involved with the Common Intrest Development industry for 44 years. He started in 1975 as a maintenance engineer at Desert Island and progressed to chief engineer, assistant manager and then general manager. All told, he was with Steven Shuey, PCAM CCAM Desert Island for 33 years. In 2008, he began working as a consultant for Personalized Property Management to share his expertise with many more communities. Steven plans to retire at the end of 2020 and will continue to serve and teach atn both CAI and JPL Church. When not working, Steven spends his leisure time helping others in his church and tinkering with computers. He also enjoys listening to audio books, mostly Christian fiction. His hobbies also include locksmithing and stage management for plays. When asked about his mentors, Steven said, “I am where I am today in part because of the late Bill Zaro, my supervisor for about 20 years. I also see that as I continue to focus on using my skills and resources to help others with their struggles, my greatest mentor is Jesus Christ.” Steven first became a member and started attending CAI-CV functions when they were first formed in the early 80s through his work for a development company. He transitioned to an individual member in 2002 to enhance his education and has stayed a member to enhance the education of others. He has served on many CAI-CV committees over the years and as president of the Chapter. Steven has an older brother, Mark, who is the International Cane Master, a Grand Master in self-defense with a cane; and a younger sister, Colleen, a former school teacher, now retired. His father was a Real Estate Agent and his mother was a stand-in actress for Elizabeth Taylor and Mary Martin. Steven’s favorite saying is, “Our God Is Awesome!,” which he has embroidered on all his shirts. He is a true believer that we are responsible for what comes out of our hearts and mouths. Grace Paluck is the Division Executive Vice President for The Management Trust. She can be reached at (760) 776-5100 or by email at grace. paluck@managementtrust.com.

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REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS

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Quorum January, 2020

PWLC II, INC LANDCARE MANAGEMENT

PWLC II, INC. has been providing quality landscape and golf course maintenane for our clients in Southern California since 1977. Our Palm Springs office employs more than 100 landscape professionals. PWLC specializes in "High End Landscape and Golf Course Maintenance Services". In addition to our maintenance services, PWLC II, INC has a Commercial Tree Division and a Landscape Enhancement Division. We are fully licensed and insured with a $2 Million Liability Insurance. PWLC II, INC licenses include a C27 Landscape Contractors License, California Pest Control License and a "Certified Arborist" on staff. For more information please contact us at (760) 323-9341 or email conniea@pwlc2.com

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75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211

CAI-CV UPCOMING EVENTS

TURQUOISE IS FOR LOCAL EVENTS

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

FEBRUARY

CAI’s Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, January 10, 2020, 11:15 a.m. W HERE: Palm Valley Country Club, Palm Desert

CAI’s Board Basic Training (for new board members) WHEN: Saturday, February 1, 2020, 9:00 a.m. – 12:00 p.m. W HERE: CAI-CV Classroom, Palm Desert

CAI-CV’s Board Member Workshop (for board members) WHEN: Tuesday, January 14, 2020, 5:30 p.m. W HERE: CAI-CV Classroom, Palm Desert

CAI-CV’s Board Member Workshop (for board members) WHEN: Tuesday, February 4, 2020 W HERE: CAI-CV Classroom, Palm Desert

CAI's National Law Seminar (for all managers) WHEN: Wednesday-Saturday, January 15-18, 2020 W HERE: Las Vegas, NV

CAI-CV’s CAMDAY (for assistant managers and managers) WHEN: Friday, February 7, 2020, 8:30 a.m. to 5:00 p.m. W HERE: Villa Portofino, Palm Desert

CAI-CV’s Annual Awards & Monte Carlo Night –ATLANTIS (for all members) WHEN: Friday, January 17, 2020, 5:30 p.m. W HERE: Omni Rancho Las Palmas Resort & Spa, Rancho Mirage

CAI’s M-201 Facilities Management (for managers) WHEN: Friday, February 14, 2020, 8:00 a.m. to 5:00 p.m. W HERE: CAI-CV Classroom, Palm Desert CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, February 21, 2020, 11:15 a.m. to 1:15 p.m. W HERE: Palm Valley Country Club, Palm Desert

2020 CORPORATE SPONSORS TITANIUM________ PLATINUM________ GOLD_____________ SILVER____________ BRONZE__________ AMS Paving, Inc. Associa Desert Resort Management Cartwright Termite & Pest Control, Inc. Conserve LandCare Fiore Racobs & Powers, A PLC Gardner Outdoor and Pool Remodeling Prendiville Insurance Agency Roof Asset Management Vantage Point Construction, Inc. Western Pacific Roofing

Asphalt MD's C.L. Sigler & Associates, Inc. NPG Asphalt Pacific Western Bank Patrol Masters, Inc. Sherwin-Williams Paint Company

Alliance Association Bank BRS Roofing, Inc. DSI Security Services EmpireWorks Reconstruction and Painting Flood Response Green Bryant & French, LLP Horizon Lighting Inc. Roseman Law, APC Seacoast Commerce Bank UgMo Technologies

Cooper Coatings, Inc. Delphi Law Group, LLP Diversified Asphalt Products DWI Epsten, APC LaBarre/Oksnee Insurance Agency, Inc. Mutual of Omaha Bank/CondoCerts RealManage Superior Roofing Tinnelly Law Group

Adams Stirling, PLC Advanced Reserve Solutions Alan Smith Pool Plastering Brabo & Carlsen, LLP Community Legal Advisors Inc. Desert Concepts Construction, Inc. Dunn-Edwards Corporation Fenton, Grant, Mayfield, Kaneda & Litt, LLP MeterNet Popular Association Bank Powerstone Property Management S.B.S Lien Services Sunstates Security The Naumann Law Firm Three Phase Electric Vista Paint Corporation

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) 341-0559.

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Quorum January 2020  

10 Laguna de la Paz Homeowners Association 16 Speed Bumps - Are They Safe? 26 HOA Earthquake Insurance - Dispelling the Myths and Understan...

Quorum January 2020  

10 Laguna de la Paz Homeowners Association 16 Speed Bumps - Are They Safe? 26 HOA Earthquake Insurance - Dispelling the Myths and Understan...

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