Coachella Valley Community Associations Institute Magazine
8 Indian Creek Villas in Palm Desert FEATURING
Reasonable Accommodations 12 Beyond Board 101: Five Topics HOA Board Members Should Know 14 Reasonable Accommodations and Modifications Under Fair Housing Law 16 Caught In Between (New HUD Regs) 26 Americans with Disabilities Act (ADA) in Reconstruction
Around The World 25 In Eighteen Holes
2018 CAI-CV Annual Spring Golf Tournament Golf, Continental Breakfast, Lunch, Door Prizes, Live Auction, Grand Prize Giveaway For All CAI-CV Members â€“ First-time Golfers Welcome
Barcode Automation, inc. More Reliable, Longer Lasting, and Less Expensive vehicle identification for large gated communities. “The cost savings is the biggest motivator. There’s also nothing that can disrupt its read range.” Western Door & Gate when asked why they recommend Barcode Automation, inc. “Your equipment is bulletproof, in this heat I’m having trouble with everything but BAi.” Phoenix Fence Co. when asked how Barcode Automation, inc. holds up in extreme heat. Schedule a demo by calling 1-800-528-9167.
“Nature’s Work Force”
Design | Develop | Maintain 855.4.My.Habitat - 855.469.4224
CA License Number 963744
REAL ROOFING KNOWLEDGE FOR REAL ROOFING SOLUTIONS
Turning Common Interests Into Common Ground
General Legal Counsel Governing Document Amendments Legal Opinions Contracts Dispute Resolution Civil Litigation Enforcement Insurance Coverage/ Bad Faith Construction Assessment Collections
Spray Polyurethane Foam Systems Roof Repairs
Roof System Maintenance
Shingle & Shake Systems
760 813 9999 w w w . R A M R O O F. c o m
AC NTR O C NO
C OAC H E L L A VA L L E Y C H A P T E R
A SS O C I AT I O N S I N ST I T U T E
In Customer Service
AL • HOA'S COMMERCIAL • RESIDENTI
Family Owned & Locally Operated 68920 Adelina Rd, Cathedral City, CA 92234 FrazierPestControl.com • Lic. # PR5204
ANTS • ROACHES • TERMITES • RODENTS • SPIDERS • BEES/WASPS • PIGEON PROOFING CAI-CV.org
2018 QUORUM COMMITTEE MEMBERS CAI-CV
EDUCATED BUSINESS PARTNER
SUSAN BROWNE ROSENBERG, CHAIR Desert Cities Indoor Air, LLC PHYLLIS HARKINS, CO-CHAIR CMCA, AMS, CCAM-LS, CAMEX GM, Portola Country Club HOA
EDUCATED BUSINESS PARTNER
EDUCATED BUSINESS PARTNER
DEA FRANCK, ESQ., BOARD LIAISON Epsten Grinnell and Howell, APC RODNEY BISSELL Bissell Design Studios, Inc. SIERRA FASANO, CMCA Trilogy La Quinta
EDUCATED BUSINESS PARTNER
JENNIFER JAMES, ESQ. Law Office of Jennifer James BRUCE LATTA Parc La Quinta
EDUCATED BUSINESS PARTNER
JAY POWELL Ben’s Asphalt JIM SCHMID The Lakes Country Club DAVID SCHUKNECHT, CMCA Personalized Property Management STEVEN SHUEY, PCAM Personalized Property Management Co.
EDUCATED BUSINESS PARTNER
DAN STITES CBCI Construction, Inc. KAREN JOY TABBAH Palm Springs Regional Association of Realtors MICHAEL TURNER Urban Habitat Environmental Landscapes CREATIVE DIRECTOR & GRAPHIC DESIGNER
FEATURES 8 Indian Creek Villas in Palm Desert
By Marne Logan, CCAM
12 Beyond Board 101: Five Topics HOA Board Members Should Know
By Eric Angle, CMCA, AMS, PCAM
14 Reasonable Accommodations and Modifications Under Fair Housing Law
By Jeffrey A. French, Esq.
16 Caught In Between
By Scott Weiss, Esq.
26 My Name is IoT…
By Joshua Widenmann
Quorum April, 2018
EDUCATED BUSINESS PARTNER
RODNEY BISSELL Bissell Design Studios, Inc. email@example.com (714) 293-3749
ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION firstname.lastname@example.org
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................................. 39
ASPHALT AMS PAVING.................................................... 32 ASPHALT MD'S................................................ 17 NPG ASPHALT.................................................. 38
ATTORNEYS BEAUMONT TASHJIAN....................................... 3 FIORE RACOBS & POWERS, A PLC.................. 17 GREEN BRYANT & FRENCH, LLP...................... 35 GURALNICK GILLILAND & KNIGHTEN.............. 38 JENNIFER JAMES ATTORNEY.......................... 11 LAW OFFICE OF PEGGY REDMON.................... 27 PETERS & FREEDMAN, L.L.P............................ 29
BANKING POPULAR ASSOCIATION BANKING.................. 35
DESIGN BISSELL DESIGN STUDIOS, INC....................... 37
FLOOD RESPONSE........................................... 11
GATES & GARAGE DOORS AUTOMATION PRIDE........................................ 11
CHAPTER NEWS 7
CAI-CV New & Renewing Members 34 About CLAC
35 CAI-CV Educated Business Partners
CLINE AGENCY INSURANCE BROKERS............ 29
IT SERVICES AMS SECURITY................................................ 24 MRC SMART TECHNOLOGY A XEROX COMPANY........................................... 2
CLAC Update By Steven Shuey, PCAM
20 Educational Lunch Program and Mini Trade Show
Cyber Theft & Community Associations March 9, 2018
30 Board Member Workshop
March 23, 2018
31 Corks for CLAC Wine Tasting
March 23, 2018
40 Upcoming Chapter Events
CONSERVE LANDCARE.................................... 11 PRO LANDSCAPING INC................................... 27 RGA LANDSCAPE ARCHITECTS, INC................ 37 SUNSHINE LANDSCAPE................................... 15 URBAN HABITAT................................................ 3 WATERRITE - VINTAGE ASSOCIATES, INC....... 39
Americans with Disabilities Act (ADA) in Reconstruction By Dan Stites
Water Wise PGA Properties Benefit from CVWD Landscape Rebate Program By Coachella Valley Water District
PEST CONTROL FRAZIER PEST CONTROL, INC........................... 3 POWERFUL PEST MANAGEMENT.................... 11
Platinum Spotlight 23 Fiore Racobs & Powers, A PLC 33 Western Pacific Roofing
36 Managers' Corner
By David Schuknecht, CMCA CAI-CV.org
ROOF ASSET MANAGEMENT............................. 3 BRS ROOFING INC........................................... 39 SUNTECH CONSULTING & ROOFING, INC......... 27 WESTERN PACIFIC ROOFING........................... 38 AMS SECURITY................................................ 39 BARCODE AUTOMATION, INC.......................... 19 facebook.com/CAICV
FROM THE CHAPTER
President’s Message Gen Wangler, ESQ., CCAL Fiore Racobs and Powers, A PLC
Lots of exciting things will be happening as we move into spring with the warmer weather and fewer folks on the roads. Before reviewing upcoming events, I want to extend the Chapter's gratitude to Brendan Concannon from Mutual of Omaha Bank. Brendan jumped in at the last minute to present the March 9th program on Cyber Theft. Thanks also to Carol Fulton of LaBarre/Oksnee Insurance for answering cyber insurance questions during the Q&A. We appreciate the dedicated work of the Programs Committee for another outstanding luncheon program. Stay tuned to Quorum for more information on protecting your associations against cyber theft and fraud. On March 23rd, CAI-CV hosted its annual Corks for CLAC wine tasting event at Shields Date Garden in Indio. It was a beautiful evening, with great food, excellent wine and champagne, and one of the best auctions in CAI’s history. We had record attendance and outstanding fundraising results from the silent and live auctions. Our thanks to Len Fox for volunteering as our auctioneer! The Wine Tasting Committee outdid themselves this year. The event was preceded by a Board Member Workshop with about 40 in attendance. Steve Roseman, Esq. and I hosted the “ask the attorney” style workshop. Thanks to our sponsors and everyone who contributed to making this year’s event a wonderful afternoon and evening. CAI’s Legislative Day in Sacramento was a huge success. Our delegates, Christina Bain DeJardin, Esq., from Peters & Freedman, and Steven Shuey, PCAM, from Personalized Property Management, met with other California chapter delegates to create a legislative action plan for 2018. They will be providing an update on new legislative proposals at the April 20th luncheon and in next month’s Quorum. As Sacramento politicians begin to focus on common interest development (CID) laws, it is important for association boards and managers to stay informed and involved. I encourage you to have your boards consider participating in the Chapter’s Buck-A-Door campaign to support our legislative efforts in Sacramento. For more information, please go online to caiclac.com or call the CAI-CV office. You won’t want to miss our Educational Lunch Program & Mini Trade Show scheduled for Friday, April 20th, at Palm Valley Country Club. Our guest speaker is internationally renowned author and attorney Bill Eddy, Esq., founder of the High Conflict Institute in San Diego. His presentation will focus on managing high conflict personalities during board meetings, hearings, mediation and beyond. You can sign up now online at cai-cv.org. Invitations to the CAI-CV Annual Spring Cup Golf Tournament have been sent out to all members. The tournament will be held on Friday, April 27th, at Desert Falls Country Club. Everyone is welcome to golf, golfers and nongolfers alike! I am proof that one does not need to be a golfer in order to have fun at the annual CAI Golf Tournament. If you are not golfing, come over to the clubhouse and enjoy the lunch and auction. Tickets are available online. We still have foursomes and sponsorships available. If you want to play as a sponsored manager or board member, call the office. Come join us for a great time at Desert Falls Country Club. CAI’s National Conference will be held in Washington D.C. on May 9th through 12th. CAI is expecting about 2,000 members to attend the four-day educational event. If you are interested in finding out more about CAI’s conference, go online to caionline.org and click on events. Finally, I want to give a big thank you to all of our volunteers. So many of our members put in countless hours serving on committees. It is our volunteers that really make things happen for our Chapter. You are appreciated! Happy Spring!
Gen Wangler, Esq. Gen Wangler, ESQ., CCAL Fiore Racobs and Powers, A PLC
Quorum April, 2018
CAI-CV NEW & RENEWING MEMBERS NEW BUSINESS PARTNERS CFR PATIO FURNITURE REPAIR & RESTORATION Andrew Madrigal (909) 397-0050 email@example.com
2018 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS GEN WANGLER. ESQ., CCAL PRESIDENT Fiore, Racobs and Powers A PLC
INSURANCE INCORPORATED Timothy Dean (877) 898-9333 Ext. 101 firstname.lastname@example.org
MIKE TRAIDMAN PRESIDENT ELECT Mira Vista at Mission Hills HOA
LA HACIENDA NURSERY & LANDSCAPE, INC. Christal Cansino (760) 984-4017 email@example.com
PHYLLIS HARKINS, CMCA AMS, CCAM-LS, CAMEX PAST PRESIDENT GM, Portola Country Club HOA JOLEN ZEROSKI, CMCA TREASURER Union Bank
EDUCATED BUSINESS PARTNER
JOHN WALTERS-CLARK SECRETARY Associa Desert Resort Management CARDINAL AMBROSE, CMCA, AMS, CCAM, PCAM DIRECTOR Albert Management, Inc.
BANK OF SOUTHERN CALIFORNIA Angela Henderson (760) 771-3914 firstname.lastname@example.org SCOTT CORPORATION, APAC Krista Scott (760) 568-5544 email@example.com
RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR Associa Desert Resort Management DEA FRANCK, ESQ. CAI-CV DIRECTOR Epsten, Grinnell and Howell, APC
EDUCATED BUSINESS PARTNER
GERARD GONZALES DIRECTOR Albert Management, Inc. MATT LAWTON, CIC, CIRMS DIRECTOR Prendiville Insurance Agency
RENEWING BUSINESS PARTNERS
EDUCATED BUSINESS PARTNER
LOUISE STETTLER DIRECTOR Palm Valley Country Club HOA
CAI Coachella Valley Office 41-905 Boardwalk, Suite A-2 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org CAL LOCKETT Executive Director firstname.lastname@example.org
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.
SUNTECH CONSULTING & ROOFING, INC. William Fitzgerald (760) 275-4749 email@example.com URBAN HABITAT ENVIRONMENTAL LANDSCAPE Brett Brennan (760) 345-1101 Mike@MyUrbanHabitat.com WESTERN PACIFIC ROOFING CORP. Debra Hall (760) 416-5877 firstname.lastname@example.org
RENEWING MULTI-CHAPTER BUSINESS PARTNERS BEAUMONT TASHJIAN Tawnee Guerra (818) 884-9998 TGuerra@HOAattorneys.com BEHR & KILZ PAINTS & PRIMERS Tim Hoss (714) 365-7427 email@example.com EMPIREWORKS - RECONSTRUCTION AND PAINTING Chet Oshiro (888) 278-8200 firstname.lastname@example.org JAMES ERNST ACCOUNTING James Ernst (707) 576-7070 email@example.com KHATRI INTERNATIONAL INC. Dilip Khatri (626) 475-7660 firstname.lastname@example.org
ROSEMAN LAW, APC Teresa Agnew (818) 380-6700 Ext. 107 email@example.com STEVEN G. SEGAL INSURANCE AGENCY, INC., FARMERS INSURANCE GROUP Steven Segal (800) 345-8866 firstname.lastname@example.org THE NAUMANN LAW FIRM Elaine Gower (858) 792-7474 email@example.com THREE PHASE ELECTRIC Dionne Petitpas (949) 457-1252 dionne@HOAlighting.com VISTA PAINT CORPORATION Jared Knight (951) 454-2500 Jknight@vistapaint.com
NEW MANAGER MEMBERSHIPS ASSOCIA DESERT RESORT MANAGEMENT Vicki Kirkpatrick (760) 347-0073 Ext. 204 firstname.lastname@example.org
RANCHO CASA BLANCA OWNERS ASSOCIATION Cari Burleigh (760) 347-1999 email@example.com THE MANAGEMENT TRUST DESERT DIVISION Cassie Gertz (760) 776-5100 Ext. 6345 Cassie.Gertz@Managementtrust.com
RENEWING NATIONAL CORPORATE MEMBERSHIPS CINC SYSTEMS Vickie Johnson (404) 314-0682 firstname.lastname@example.org SERVPRO OF PALM DESERT Neal Tauferner (760) 346-7270 email@example.com
NEW VOLUNTEER LEADERS MOUNTAIN VILLAS HOA Shelly Anderson James Draughon Mary Ann Hoss Lisa Olson Maurice Souza
RENEWING MANAGER MEMBERSHIPS RENEWING VOLUNTEER LEADERS John Wiesner (760) 904-4192 firstname.lastname@example.org ALBERT MANAGEMENT INC. Gerard Gonzales (760) 346-9000 email@example.com ASSOCIA DESERT RESORT MANAGEMENT Terry Kramer (760) 772-2092 firstname.lastname@example.org Edan Michelle Lopez (760) 346-1161 email@example.com ASSOCIA-PCM Richard Smetana (760) 333-1118 firstname.lastname@example.org
Louise Stettler CANYON COLONY WEST HOMEOWNERS ASSOCIATION Jeff Bereds Carol Moore David Ryan DESERT BRAEMAR, INC. Ralph Ellasson Ron Golden Dick Gunning Fred Lavey GALLERY OWNERS ASSOCIATION Morag Cousins Karl Twomby Neal Victor
CANYON COLONY WEST HOMEOWNERS ASSOCIATION Rich Lampley (714) 325-7271 R.Lampley@cox.net
THE SPRINGS COMMUNITY ASSOCIATION Roger Beaman Gerry DeSilva Daniel Ginsey Tom Hockin Kathy Kleban Bill Priest Ann Van Balen
DEL MESA CARMEL ASSOCIATION Crispin Kelly (831) 624-1853 Ext. 203 email@example.com
VENEZIA HOME OWNERS ASSOCIATION Walter Altorter Paul Bambauer
INDIAN RIDGE HOMEOWNER'S ASSOCIATION Erin Grossman (760) 722-7234 Ext. 227 firstname.lastname@example.org
Indian Creek Villas in Palm Desert By Marne Logan, CCAM
ust south of El Paseo Drive in Palm Desert and nestled among Fortune 500 neighborhoods such as Big Horn and Ironwood, is Indian Creek Villas (ICV), a 14-acre community that has quite a history in the Coachella Valley. This community was built in the 1970s. Over the past fifty years ICV has seen everything under the sun come and go in the Valley. The community is excited that it is growing with the times.
Voted as the CAI-CV Community Association of the Year in 2016, this boutique community boasts outstanding amenities including pools and spas. The community was originally a â€œgetawayâ€? destination for city-dwellers and those who live in cold climates wanting to escape to warmth and sunshine. Celebrities including television host Carson Daly have called ICV home.
ICV is next door to the Homestead Trailhead which connects to the “Bump n’ Grind” trail as well as many others. The community is close to St. Margaret’s Episcopal Church and Palm Desert Presbyterian Church. There are world class golf courses, polo fields, the Indian Wells Tennis Garden and the Palm Springs Airport nearby. They are also a quick drive to the Coachella and Stagecoach music festivals.
This community is comprised of 88 two-story buildings, with a total of 352 units. Each building has a laundry room (laundry rooms will begin a facelift process in April) for the convenience of its residents. This is also a pet friendly community for four-legged family members. Each unit is under 1,000 sq. ft. Home prices range from $140,000 to around $165,000 for a 2-bedroom, 1 bath unit. Many units have been updated,
FEATURE "WHILE THE WEATHER IS STILL COMFORTABLE, THE COMMUNITY IS TRANSITIONING MORE OF ITS LANDSCAPE TO DRAUGHT TOLERANT DESERT-SCAPE AND PLANTS."
increasing the value of all the homes in the community. The assessments are $256 per month and includes water, landscaping and maintenance, refuse/recycle services, exterior building envelope maintenance, safety patrols and the use of the pools and spas. Residents enjoy being close to some of the Valley’s top schools. ICV is also close to world-class shopping on El Paseo Drive where you will find Gucci, Louis Vuitton, Tommy Bahama, Savory Spice Shop, Banana Republic, St. John Knits, Saks Fifth Avenue, Chico’s, Williams Sonoma, Pottery Barn and many more. Along with great shopping, there are also many choices of fine dining available along the Palm Desert corridor. While the weather is still comfortable, the community is transitioning more of its landscape to draught tolerant
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desert-scape and plants. ICV has already converted thousands of square feet of turf into aesthetically pleasing desert-scape, thanks to the forward-thinking of the Board of Directors. The landscape project was performed by GrassLand Services, owned by Jaime Mora. The lush landscape at ICV is maintained by CAI-CV member Urban Habitat. ICV also uses CAI-CV member Jennifer James, Esq. as their legal counsel. Marne Logan is a manager with The Management Trust’s Desert Division. She is the General Manager of Indian Creek Villas and can be reached at 760-340-1703 or by email at marne.Logan@managementtrust.com.
Jennifer James Attorney HOA Legal Services since 2003 75100 Mediterranean Palm Desert, CA 92211 Jennifer@JenniferJamesLaw.com www.JenniferJamesLaw.com (760) 834-8913
Beyond Board 101: Five Topics HOA Board Members Should Know
By Eric Angle CMCA, AMS, PCAM
id you know that your level of knowledge as an association board member can have a direct impact on your community’s property values? By arming yourself with the latest technical, practical and emotional knowledge to excel at your role, you can help make well-informed decisions for your community, which ultimately improves the resident experience. A happier resident experience can amplify your community’s reputation in the marketplace, resulting in higher demand and property values. This level of association knowledge doesn’t happen overnight. Look to your community manager and management company for support. An experienced HOA management company will provide you and your community manager with local inhouse training and resources that are tailored to your community and in line with feedback they receive from clients. This method of developing training helps address common association needs. Some examples of these resources include in-person training, e-learning programs, educational articles and access to industry experts. So what does it take to excel as a board member and make a positive impact on your community and property values? Here are the five areas of education that association members should prioritize.
1. Dive into your role and responsibilities If you’re a board member for a high-rise association in San Francisco or a master-planned community in Santa Clarita, you’ve probably taken a basic orientation class. But that doesn’t mean your knowledge about your role and responsibilities should stop there. A board member that knows the ins and outs of their role is a valuable force in their community. By understanding the standards and laws that apply to your role, you’ll have the confidence and knowledge to run more effective meetings and make decisions that are in the best interest of your community. Further, this knowledge can help protect
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you as a board member. Jillian Fiske, FirstService Residential community manager of the SF Shipyard said, “As long as you engage experts, stay up to date on your education and act in unison with your fellow board members following a decision, "An experienced HOA management company will provide you and your community manager with local in-house training and resources that are tailored to your community and in line with feedback they receive from clients."
you will not be held personally liable should a board decision not go as planned.” Whether you are the board treasurer, secretary or president, knowing what you should and should not do makes a world of difference.
2. Stay up to date with HOA legislation and regulation Association legal issues can become a major headache if you aren’t familiar with basic HOA laws and regulations. Before you go anywhere else, make sure you first reach out to your association’s general counsel for advice. While you can never replace general counsel, your community management company may also provide your board with helpful resources and knowledgeable professionals to help you better
FEATURE 5. Learn how to communicate more effectively
understand association laws. The best community management companies employ associates who have the specialized knowledge needed to educate community managers and board members on the latest legislation. For example, at FirstService Residential, Kelly Lee, vice president of legal and risk management for the West region works with a team to oversee training and provide education to board members and community managers in California.
3. Become more adept at technology Technology is not the same as it was five years ago. And the same changes that you’ve experienced in your smartphone and personal computer apply to your association. If you’re not staying up to date on the latest HOA software and communication tools, you run the risk of becoming irrelevant in the marketplace. That’s why board members and community managers need to learn how to use the latest digital tools and technologies within their community. The best community management companies will provide their clients with upto-date, in-house software designed to work with association applications along with complementary seminars and robust IT support. In addition, board members and community managers need to be aware of increasing cyber threats and take measures to protect their association’s personal data.
4. Increase your financial IQ As a volunteer board member, you generally don’t need to have an exhaustive understanding of your association financials, but it helps to be familiar with them so you can be more effective in your duties. Your community management company should provide in-person, interactive training courses so that you can get an in-depth understanding of financial and budget-related topics that pertain to your association.
Lastly, in order to be an effective board member or communit y manager, you should resolve to develop strong communication skills. Having meaningful and positive relationships with residents and fellow board members is key to helping your association thrive. Association communication can be challenging at times, and board members can improve their “emotional IQ” by taking courses or workshops taught by experts who specialize in communication and conflict resolution. The best community management companies will employ industry experts who can facilitate these classes. Supplemental opportunities like DiSC training are also great opportunities for board members to learn more about themselves and their communication style. At the end of the day, developing strong communication skills will make a positive impression on your community and can help you boost your association’s reputation. Without a doubt, successful and thriving associations are home to board members who prioritize education and training throughout their tenure. A knowledgeable board member can make better decisions and build stronger relationships that help enhance their community’s reputation, which can improve property values. Your association’s success also relies on the continued growth of your community manager through ongoing education and leadership opportunities. A community management company should offer helpful and convenient training opportunities to aid in this growth. Looking for more best practices? Visit FirstService Residential’s article library at https://www.fsresidential.com/ california/hoa-best-practices. Since 2014, Eric has been the Onsite General Manager for Trilogy La Quinta, a large scale master planned community of single family residences in south La Quinta. Prior to taking over at Trilogy, Eric spent eight years with Associa working at two master planned communities as a lifestyle director and as a general manager. As a licensed real estate broker, Eric worked with private investors and commercial developers in the acquisition and development of real property for 12 years. He holds many certifications including PCAM, CMCA and AMS.
Reasonable Accommodations and Modifications Under Fair Housing Law By Jeffrey A. French, Esq.
ederal, state and sometimes local laws protect the public against unlawful discrimination in housing. The federal law generally of significance to community associations regarding housing is the Fair Housing Act Amendments of 1988 (FHAA) (42 USC sections 3601-3631). In California, the principal state laws relating to discrimination by or within a community association are the Fair Employment and Housing Act (FEHA) (Gov. Code sections 12900-12996) and, to a much lesser degree, certain portions of the Davis-Stirling Common Interest Development Act (Civil Code sections 4000-6150). While both state and federal law address many types of unlawful discrimination, the focus here is on disability-based discrimination involving requests for accommodation or modification in the context of a community association. The FHAA makes it unlawful for any person, including community associations, to refuse to make reasonable accommodations in rules, policies or practices when such accommodations or modifications “may be necessary” to afford a person with a disability equal opportunity to use and enjoy a dwelling unit or the common area. Oftentimes FHAA and FEHA issues come to the attention of an association when a disabled resident requests an accommodation. The accommodation may be focused on the application of an association rule or policy concerning such things as pets or parking. For example, the resident may request an assigned parking place closer to her residence as she has mobility issues. Such a request may be contrary to current parking rules or policies, but it must still be considered. When a resident initiates the issue of disability in this fashion, the association may reasonably request that the individual provide reliable verification of
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his or her disability if the disability is not obvious or already known to the association. This is usually accomplished in the form of a letter from a medical provider that verifies the disability. In addition, there must be a “nexus” or connection between the disability and the requested accommodation. Once again, the letter from the medical provider can not only confirm the disability, but also establish the nexus between the disability and the requested accommodation. A similar analysis applies to requested modifications of a unit or common areas to accommodate a disability. The FHAA permits persons with a disability to reasonably modify both the interior of a unit and the common area when such modifications are undertaken at the expense of the person with a disability and “may be necessary” to afford that
"A MODIFICATION IS 'NECESSARY' WHEN THERE IS AN IDENTIFIABLE RELATIONSHIP, OR NEXUS, BETWEEN THE REQUESTED MODIFICATION AND THE INDIVIDUAL’S DISABILITY." person full enjoyment of the development. Although neither the FHAA nor its interpreting regulations define “may be necessary,” the examples of modifications in the Federal Regulations show that whether a modification is necessary depends on the nature of the person’s disability. A modification is “necessary” when there is an identifiable relationship, or connection, between the requested modification and the individual’s disability. Examples of reasonable modifications might include the following: installing grab bars in the common area, making common facilities such as recreation and laundry rooms accessible by adding ramps and enlarging doorways, adding brail buttons in the elevators, adding wheelchair ramps in the common area, altering a walkway to provide better access, modifying gates, and removing common area barriers to mobility. Further, it is important to note that such requests may come from not only association members, but also from tenants that reside within the development. The Davis-Stirling Act also touches upon the issue of modifications to accommodate persons with disabilities. Specifically, Civil Code section 4760 discusses modifications
FEATURE to the separate interest as well as to portions of the common the request absent some major issue. Issues arise when an area if they include modifications to facilitate access across association delays in the review or processing of the request, the common area to a unit. This section allows members to or the association puts unreasonable conditions upon its make any improvements or alterations within the boundaries approval of the request, which run afoul of FHAA or FEHA. of the member’s separate interest that do not impair the strucFailure by an association to process a request in a reasontural integrity or mechanical able manner or approve an systems of the development. "IT IS IMPORTANT THAT THE ASSOCIATION appropriate request may In addition, these modificaresult in the requesting TAKE THIS REQUEST VERY SERIOUSLY tions may also include modiparty filing a complaint with fications of the route from the AND PROCESS IT IN A REASONABLE AND HUD or DFEH. HUD is the public way to the door of the federal entity and DFEH is EXPEDITIOUS MANNER." separate interest. Per Section the state entity charged with 4760 the improvements shall be made at the member’s sole pursuing alleged violations of FHAA or FEHA. Prosecutions expense. under either act can result in substantial penalties, attorSection 4760 lists a series of conditions that apply to any ney fee awards, and damage awards against an association, proposed modifications: 1) they must be code compliant, 2) and run up substantial defense costs for the association. they must be consistent with the governing documents in Given this, it is important for community associations to terms of safety and aesthetics issues, 3) external modifications take these requests seriously and when doubt in work closely cannot block passage by other residents, 4) external modifica- with management and legal counsel to either approve or deny tions must be removed when the unit is no longer occupied the request in conformance with both federal and state law. by the person needing them, and 5) the member must get Jeff French is a partner with Green, Bryant and the prior approval of the association before proceeding with French, LLP, which has offices in Palm Desert and the proposed modifications. It is interesting that Section San Diego. Jeff can be reached at 760-346-9310 or by 4760 only empowers “members” to make such changes, but, email at email@example.com. arguably, FHAA and FEHA would extend similar rights to non-members as well. Regardless, section 4760 provides some guidance in terms of what an association can reasonably do when reviewing a proposed modification. It is inevitable that almost every community association will receive a request from a resident for either a reasonable accommodation or reasonable modification. It is important that the Association take this request very seriously and process it in a reasonable and expeditious manner. The bottom line being that if the applicant can establish a disability and a nexus between that disability and the requested accommodation or modification, the association is almost duty bound to approve
Caught In Between By Scott Weiss, Esq.
Associations used to avoid getting involved in neighbor-versus-neighbor disputes, but a new HUD regulation regarding harassment changes the dynamic. Should you intervene now? ÂŠ2017 Community Associations Institute
etâ€™s say a condominium unit owner routinely harasses another by verbally assaulting her with obscenities and threats of violence. The harassing owner also frequently sends letters to the other owner suggesting that he will slash her tires if she parks in a certain space even though parking spaces aren't reserved. The threatened owner reports the harassment to the association board and manager, who notify the association attorney. Until recently, the attorney's advice may have been to inform the harassed owner that the association shouldn't become involved in owner-versus-owner disputes, unless the dispute affects the whole community or poses some threat to the health and safety of residents. The association normally wouldn't intervene because the association is only responsible for entering into contracts for the maintenance of common areas, collecting assessments, enforcing restrictive covenants and carrying out other association business. However, after the U.S. Department of Housing and Urban Development adopted a new regulation this past September,
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community association boards must now choose whether to intervene in disputes between neighbors and risk being drawn into litigation resulting from the dispute or refuse to intervene and risk being sued for violating the Fair Housing Act. Either choice will likely prove to be a very large bittertasting pill to swallow. HUD's new regulation poses very serious and potentially devastating financial liability to community associations. Now associations may be held liable for the discriminatory actions of residents who harass or create a hostile environment for others. That's right. This new regulation essentially places even more burdens upon associations to be the "police" of their neighborhoods by creating a new duty to intervene when the association knew or should have known about actual or alleged harassment between neighbors, even though these situations have nothing at all to do with regular association governance and operations. Although not clear on many issues, the regulation clearly establishes a nexus between community associations and
third party liability. It includes a provision that liability "can derive from an obligation to the aggrieved person created by a contract or lease," such as association CC&Rs, bylaws, or other rules and regulations. Associations that prohibit nuisance or have provisions that ensure the right of owners to peacefully enjoy their homes could be in trouble. Harassment arguably meets the definition of a nuisance that may interfere with the right to peaceful enjoyment. Therefore, according to the regulation, association boards will be required to respond to any claim by one owner that he or she is being harassed by another.
HOUSING AND HARASSMENT Community association volunteer leaders, professional community association managers, and association attorneys all should be concerned about this HUD regulation and possess at least a basic familiarity with it. HUD believes that associations generally have the power—and thus the duty— to respond to third-party harassment by enforcing conditions and restrictions authorized by governing documents or by state and local legal authority and that community associations regularly require residents to comply with the CC&Rs through notices of violations, fines, liens, and court filings. HUD's position is that "the community association is required to take whatever actions it can legally take to end the harassing conduct."
HUD's new regulation addresses two types of harassment: • Quid pro quo. Harassment defined as "subjecting a person to an unwelcome request or demand and making submission to the request or demand a condition related to the person's housing." • Hostile environment. “Harassment that involves subjecting an individual to unwelcome conduct that is sufficiently severe or pervasive such that it interferes with or deprives the person of the right to use and enjoy the housing." CAI-CV.org
FEATURE DUTY TO ACT HUD's position is that a community association has a duty to act when it "knew or should have known" of the harassment of one resident by another. This standard is met at the moment the association has knowledge from which a "reasonable person would conclude" that the harassment was occurring. A verbal or written account from the harassed resident, another resident, or a friend of the resident may be enough to provide notice to the association that a hostile environment may be occurring. Whether the verbal or written notice is sufficient to establish the conduct as being sufficiently "severe or pervasive to create a hostile environment" depends, according to HUD, upon the "totality of the circumstances."
IDENTIFYING HARASSMENT Illegal behavior can take many forms. According to the regulation, unwelcome conduct can be spoken or written: it may include gestures, signs, and images; and, it may be communicated in direct and indirect ways through innuendo. Absent testimony from someone who witnessed or overheard the incident, how is an association board to know which neighbor is telling the truth? Under the regulation, all it takes is one incident to establish quid pro quo harassment and "if sufficiently serious." The offended party may include a claim of hostile environment as well. So, how is a board to determine when a dispute is a conflict between people who don't like each other versus a dispute that rises to the level of a Fair Housing violation that the board must address? In determining whether there is an actual dispute or just simply a natural animosity between neighbors, HUD will look at the "totality of circumstances." For example, the agency will examine: • The nature of the conduct • The context in which the incident(s) occurred • The severity, scope, frequency, duration, and location of the conduct • The relationship of the persons involved • Whether there was unwelcome conduct that was sufficiently severe or pervasive as to create a hostile environment HUD will examine these circumstances through the lens of what is referred to as the "reasonable person" standard. In other words, would a "reasonable person" under similar circumstances and with a similar background feel that a hostile environment exists? 18
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BURDEN OF PROOF To be successful in a lawsuit against an association for violating the new HUD regulation, the aggrieved person must only prove that a violation of the regulation exists. The individual isn't required to prove that he or she has suffered any actual physical or psychological harm. He or she, however, may introduce evidence of such harm to assist a judge or jury in the calculation of an award for monetary damages.
INVESTIGATING CLAIMS Because of the new HUD regulation, community associations now have a duty to investigate harassment claims, take steps toward stopping harassment if they find evidence of it, and follow up to ensure the behavior doesn't continue. However, the regulation falls short on defining the steps association boards are required to take and how far they are required to go in addressing the harassment. While the regulation identifies several "corrective actions" that may be taken to curtail the harassment many of these actions, such as filing suit to evict the harasser or denying an owner access to the property are available to landlords but not associations. That's the fundamental problem with HUD's regulation. By including community associations in its definition of "providers of housing or housing-related services," HUD fails to recognize that community associations aren't landlords, that association owners aren't tenants, and that association homes or units aren't apartments and cannot be treated the same way. Investigating claims of harassment and attempting to mediate the harassment by mailing cease-and-desist notices to the offender, and possibly levying fines if the association has a fine policy, would seem to be reasonable responses for a board forced to deal with a harassment claim. But, whether those measures would satisfy HUD or a court is unclear. Since this regulation was adopted and went into effect in 2016 during the Obama administration, we'll have to see whether Ben Carson, the new secretary of HUD, takes a closer look at this regulation and modifies it to exclude community associations. Scott Weiss is an attorney at Weiss & Weiss in Nashville, Tenn., and president of CAl's Tennessee Chapter. www.weissandweisslaw.com @ 2017 Community Associations Institute. Further reproduction and distribution is prohibited without written consent. For reprints, go to www.caionline.org/reprints.
CAI-CV Educational Lunch Program & Mini Trade Show Friday, March 9, 2018
Cyber Theft & Community Associations
GUEST SPEAKER Brendan Concannon Mutual of Omaha Bank/CondoCerts
THANKS TO OUR
SPONSORS MEMBERSHIP SPONSOR Prendiville Insurance Agency PROGRAM BOOTH SPONSORS AMS Paving, Inc. Animal Pest Management Services, Inc. Association Reserves Ben's Asphalt Blue Sky Landscape Corp. BRS Roofing Inc. Conserve LandCare Frazier Pest Control, Inc. Gothic Landscape Horizon Lighting Inc. Hort Tech Landscape Mutual of Omaha Bank/CondoCerts Nissho of California, Inc. NPG Asphalt Pacific Western Bank Peters & Freedman, LLP Prendiville Insurance Agency PrimeCo Pure Community PWLC II, Inc. Roof Asset Management Sherwin-Williams Paint Company Three Phase Electric United Paving Co. Vintage Associates, Inc. Western Pacific Roofing PEN SPONSOR Pacific Western Bank CAI-CV.org
PGA Properties Benefit from CVWD Landscape Rebate Program
By Coachella Valley Water District
ix conversion projects at PGA West recently earned rebates from the Coachella Valley Water District for replacing nearly 85,000 square feet of turf with desert-friendly landscapes. Qualifying under the district’s HOA and Commercial Landscape Rebate Program, the properties included the backyard of a residence and three common areas, one of which was divided into three projects. The program pays an incentive of $2 per square foot of turf removed per project up to a maximum of 25,000 square feet. As well as removing grass, common to all the projects was a recognized need to reduce water bills, replace old irrigation systems with drip irrigation and design new landscapes with low-water use plants, says CVWD Water Management Specialist Rene Ramirez, who oversaw the projects. “Large scale projects like these have the potential for significant water savings and also capitalize on economies of scale in the conversion,” says Director of Communications and Conservation Katie Evans. “We have seen some beautiful projects by HOAs that protect our water supplies, while also updating the look of the community.” By switching to drip irrigation, these projects will save approximately 4.7 million gallons of water per year.
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At the private residence 1,664 square feet of grass were replaced with artificial turf, pavers and desert plants in a design created by Inri Torres of Creative Environments, Indio. Desert landscaping now fills an area at the PGA West Private Clubhouse where 51,303 square feet of grass in and around the parking lot were removed. Palmer Course Golf Superintendent Jon Maddern says the switch has been well received. Two areas totaling 31,887 square feet managed by the PGA West II Residential HOA were converted to landscaping with desert plants, rocks, boulders and walking paths. “We look at landscape as a long-term investment,” says Loni Peterson, General Manager of the HOA, “and we needed to reduce our water bills.” Applications for this program are available and should be made online. They will be reviewed on a first-come, firstserve basis. Conversion projects must be pre-approved to be eligible for a rebate. Multiple projects are allowed. Each project requires a separate application. Visit CVWD.org/conservation for more information about applications, rebates and conservation.
2018 PLATINUM SPONSOR SPOTLIGHT
The Recognized Authority in Community Association Law Fiore Racobs & Powers is a pioneer in residential and commercial community association law in Southern California. Since opening its doors in April 1973, Fiore Racobs & Powers has expanded to three offices, located in the Coachella Valley, the Inland Empire and Orange County. Our Firm was founded on the core value of people making a difference through the practice of law. We are dedicated to the success of community associations through the practice of law, the education of our clients and industry professionals, and the advancement of public policy. Our practice areas include: CC&R, Rule and Architectural Enforcement Governing Document Amendment Elections/Recalls Legal Opinions Assessment Collection
Litigation Appeals Contract Review and Preparation Small Claims Assistance
Margaret "Gen" Wangler, Esq., opened the Firm's Coachella Valley office in 1992. She is the Senior Shareholder and Senior Supervising Attorney for the Coachella Valley office, and has been an active member of CAI for over twenty years. Gen is serving as this year's Chapter President and also serves on the Chapter's Education Committee, and is a fellow of the College of Community Association Lawyers ("CCAL"). Julie R. Balbini, Esq., joined the Firm in October 2016 and works in the Coachella Valley office. She has practiced law in the Valley since 2002, and is enjoying the challenge of representing community associations. Julie is already active in the Chapter. She is Chair of the Public Relations Committee and a member of the Programs Committee. A highlight in the Firm's history was Gen's representation of the plaintiff in Villa De Las Palmas Homeowners Association v. Terifaj from trial to the California Supreme Court. In that case, the Palm Springs association sought to enforce its long standing rule against pets. After initiating the litigation, the members of the association approved an amended and restated declaration of covenants, conditions and restrictions that included a "no pets" restriction. The association prevailed at trial, and in the Court of Appeal. The California Supreme Court then took up the case, and made the landmark ruling that restrictions added to an association's recorded declaration by amendment are entitled to the same presumption of reasonableness as the restrictions in the original declaration. The Firm's relationship with CAI began in the early 1980s. CAI was one of the few organizations that promoted education for community associations and the professionals who support them. The Firm recognized the importance of education to both the industry and legislators in Sacramento. The Firm's founder and President, Richard S. Fiore, Esq., CCAL, played a major role in forming the California Legislative Action Committee ("CLAC") in the 1980's and served as Chair from 1991-1994, during its pivotal growth years. John R. MacDowell, Esq., CCAL, of the Firm's Irvine office is the current Chair of CLAC. The Firm continues to be active in promoting the industry's objectives in the legislative arena. Fiore Racobs & Powers looks forward to continuing its close relationship with CAI as part of its commitment to making a difference through the practice of law.
Thank you to Fiore Racobs & Powers for their generous support of CAI-CV! CAI-CV.org
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Renew your entire board and they’ll enjoy all of the benefits of CAI membership. For more details, visit www.caionline.org/ ShareTheCommunity 24
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Around The World In Eighteen Holes 2018 CAI-CV Annual Spring Golf Tournament FRIDAY, APRIL 27, 2018
1111 Desert Falls Parkway Palm Desert, CA 92211 Registration & Breakfast: 6:30 A.M. Shotgun Start: 7:45 A.M. Luncheon, Awards, Live Auction & Prizes 1:00 P.M. – 3:30 P.M.
COST TO PLAY Foursomes: $650 Individuals: $190 Lunch & Auction Only: $40
• Holes: 18 • Par: 72 • Length: 7017 yards • Slope: 132 • Rating: 73.7
Golf, Continental Breakfast, Lunch, Door Prizes, Live Auction, Grand Prize Giveaway For All CAI-CV Members – First-time Golfers Welcome
Thanks to our Sponsors TOURNAMENT TITLE SPONSOR
Diversified Asphalt Products
Golf Cart Sponsor MRC - Smart Technology Solutions, A Xerox Company Sunshine Landscape Swag Bag Sponsor Flood Response Grand Prize Sponsor Associa Desert Resort Management Tee and Ball Sponsor Western Pacific Roofing
Hole Booth Sponsors AMS Paving Asphalt MD’s Ben’s Asphalt CBCI Construction Conserve LandCare Diversified Asphalt Products Dunn-Edwards Corporation Frazier Pest Control MRC - Smart Technology Solutions - A Xerox Company
NPG Asphalt Roof Asset Management Sherwin-Williams Paint United Paving Vantage Point Construction Western Pacific Roofing
Green Sign Sponsors MRC - Smart Technology Solutions - A Xerox Company Powerful Pest Management
Foursome Photo Sponsor Fiore Racobs & Powers, APC
Closest to the Pin Men Powerful Pest Management
Breakfast & Lunch Sponsor Vista Paint Corporation
Longest Drive Women Pacific Western Bank
Mulligan Sponsors Pacific Western Bank PrimeCo Seacoast Commerce Bank
Longest Drive Men Union Bank HOA Services
Closest to the Pin Women LaBarre/Oksnee Insurance Agency
AUCTION ITEMS & DOOR PRIZES NEEDED Auction Items ........................................................................... (Minimum Value $250)
Door Prizes...................................................................................(Minimum Value $50)
AVAILABLE SPONSORSHIPS Golf Cart Sponsor (Limit 3 – 2 Available)...........................................................$1,000 Golf Towel Sponsor (Limit 1, Sponsor Provides Towels) ...................................... $500 Grand Prize Sponsor (Limit 2 – 1 Available)........................................................ $500 Golf Ball Sponsor (Limit 1, Sponsor Provides Golf Balls)....................................... $400 Hole Booth Sponsors (Limit 18 – 2 Available)..................................................... $400 CAI Spring Cup Sponsor (Limit 1)...................................................................... $400
Breakfast & Lunch Sponsor (No Limit).............................................................. $300 Water Bottle Sponsor (Limit 1, Sponsor Provides Water)..................................... $300 Mulligan Sponsors (Limit 4 – 1 Available)........................................................... $200 Green Sign Sponsors (No Limit).......................................................................... $100 Scholarship Sponsor (Limit 1)............................................................................ $200 CLAC Sponsor (Limit 1)......................................................................................... $200
RESERVATIONS: SIGNUP ONLINE AT CAI-CV.ORG OR CALL 760-341-0559 CAI-CV.org
My Name is IoT… By Joshua Widenmann
Hi! I’m IoT, but that is just my initials. I am the “Internet of Things” and we have met several times. Sure, you know what the internet is… but in 1999 Kevin Ashton of the Auto-ID Center nick-named me IoT in a presentation to Proctor & Gamble. In 2014 my new name reached mass market. You see me in passing in almost every interaction daily because I exist all around you. You almost never realize that I’m there. IoT exists because your network is not just made up of computers anymore. IoT is comprised of these items and many more: • Phone • Printer • Router • Server • Desktop • Laptop • Tablet • Headset • Watch • Refrigerator • Coffee Maker • Water Heater • Pool Heater • Gate Control • Doorbell • Smoke Detector • Light Switch • Camera • Gadget • And more and more to come!
e are living in a different world. Technology is changing moment by moment. It’s hard to keep up. As IoT emerges and we add devices to our businesses and everyday life, we open ourselves up to vulnerabilities, data exposure, data loss, information breaches, compliance concerns, regulated information, etcetera, etcetera. Every device connected to the network becomes a security risk while simultaneously we have a need to connect more and more devices. As we allow these devices on our network there must be a determination by each individual device if the device should have access to information or if it should be safeguarded. What does that look like? Great question. Safeguarding a network means patching the holes so the right information is available to the right people and right devices (in the IT industry we call these devices on a network “nodes”)… and it’s straightforward. If you have a little knowledge about technology you may be able to achieve some of this on your own. If not, no worries; that’s why all those amazing IT professionals exist. They may be a little expensive, but if you weigh the facts, then you will conclude that the cost is well worth it.
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• 3 out of 4 companies do not have the ability to recover data if lost • 2 of these 3 believe they have a solid backup plan in place • 60% of companies that experience data loss go out of business within 6 months • 50% of companies that remain closed more than a week after a data loss never open again • 60% of small businesses that are cyber attacked are out of business within 6 months • Only 18% of companies with less than 50 employees have a disaster recovery plan • 75% of companies that close in a major disaster never open again
Safeguarding – Are you prepared? The first step is to determine what devices are on your network. If you do not know how to do this, then seek help from an IT professional. Device by device you can take a few precautions to safeguard intrusion. Change the default login ID and password for all devices which have a web interface. Why would you do that?... Anyone with a little knowledge of technology can google the default password for a device. “Login: Admin and Password: Password” will not cut it anymore. This worked in the 90’s but no longer. The next step is network segmentation. You should be running two or more separate networks (Subnets) in your business. In most cases two Subnets will suffice. These Subnets should not have visibility to each other. Each Subnet should
have its own Wi-Fi SSID (Wi-Fi Network Name). Most business grade Wireless Access Points (WAPs) allow broadcasting both Subnets with one device. Once there are two Subnets running on separate SSIDs it is time to determine device by device what network to connect to, and it is simple. One of the networks has access to your data and the other does not, as it is simply an internet connection without visibility to your servers, computers, and other devices holding data. You will ask yourself for each device, does this need access to my data or my server? If the answer is no, it goes on the network with no access. If the answer is yes, it goes on the network with access to servers and data. But you must change the credentials and security settings to safeguard vulnerabilities. For devices connecting with a wired connection it is very easy for an IT professional to send the correct subnet to the correct wall jacks as "Target learned the needed. hard way on November Let’s look at an example to understand the impor- 15th, 2013 when tance. Target Corp. learned their network was the hard way on November compromised." 15th, 2013, when their network was compromised. From November 27th, 2013, to December 15th, 2013, when the breach was discovered, around 40-Million individual credit/debit cards information were compromised. The unbelievable part is that this network breech was through Target’s HVAC System (Heating, Ventilation, and Air Conditioning). Imagine if that system was segmented off onto a separate Subnet with no access to data. Even if that breach had occurred, there would have been no access to the information. Of course, this is not always a black and white statement. There are ways for an advanced hacker to cross from one Subnet to another so you should always talk to an IT professional to know you are secure.
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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: firstname.lastname@example.org
What Can You Do Now?
Most reputable IT professionals offer Network Risk Assessments to identify network vulnerabilities. Many companies offer this at no cost. If you are concerned about your network, then pick up the phone and make a phone call. Get information, be informed, get educated about your network. Data is only private if you keep it secure. It takes more than a password to secure your network. Remember the old saying, “Locks keep honest people honest.” People who intrude your network are not honest. Network security is not a given, it takes work. Get secure now because you cannot afford to wait until it’s too late and your information is gone or compromised.
Josh Widenmann is an expert in IT Systems, Network Risk Analysis, and Information Workflow. He is the Sr. Technology Manager for MRC which is a local division of Xerox Corporation. Josh can be reached at 760-285-8777 or JoshW@mrc360.com. CAI-CV.org
Americans with Disabilities Act (ADA) in Reconstruction
By Dan Stites
C "STRUCTURAL MODIFICATIONS WILL HAVE THE MOST DRACONIAN IMPACT ON COST AND SCHEDULE"
omplying with ADA requirements in a reconstruction project can have a significant impact on both its cost and schedule. So it is critical that a board determine if the ADA applies and, if so, what modifications would be required to bring the project into compliance. If the cost of compliance is prohibitive, the project can be deferred until funding becomes available or it may be possible to adjust the scope of work such that the need to comply is not triggered. The ADA applies to "public facilities" and mandates that they are accessible to the disabled. While it may not generally apply to a common interest development, there are many instances where a reconstruction project may involve facilities within the community that are used by the general public such as restaurants, golf courses, restrooms, and the like. Even entry gate guard houses may be required to comply with the ADA because contract security personnel can be considered the "general public." It is best to consult with your friendly attorney to determine if your project will be required to comply with the ADA. If you must comply with the ADA, the next step would be to determine the cost of compliance. Here, your trusted reconstruction business partner should be able to provide an estimate of the cost and schedule impacts on your project. It may also be possible for the board to simply go to the local building department to obtain their input on whether ADA compliance will be required and what modifications are needed. Structural modifications will have the most draconian impact on cost and schedule – providing ramps and sufficient path width within the structure among others. If the project is essential to the community but the cost of compliance is prohibitive, the options become somewhat limited. An obvious choice would be to defer the project until funds can be made available by building reserves, obtaining a loan, special assessments, or other sources. Another option would be to modify the scope of reconstruction such that ADA compliance is not required. Existing facilities are usually "grandfathered" and are not required to be upgraded to be in compliance with the ADA unless they are significantly modified. Generally, the requirement to obtain a building permit will trigger the ADA. So another option is to modify the scope of work for the project to preclude the need for a permit. Your reconstruction business partner can help here as well. Determining whether a reconstruction project will be required to be upgraded to comply with the ADA is a critical part of the due diligence that must be done before the project is approved by a board. If so, the cost and schedule impacts must be evaluated and an appropriate path forward established. It is never good news to get community buy-in to a project based on a "conceptual" budget estimate and then learn after the fact that the budget is grossly underestimated. As is true with ALL reconstruction projects, do your homework before finalizing your plans to move ahead with the project! Dan Stites is a degreed and licensed Professional Engineer with over 35 years of experience in the construction industry. He also holds C-39 Roofing and Waterproofing and “B” General Building Contractor licenses and has completed graduate studies in business at Rice University and Thunderbird School of Global Management. Dan can be reached at email@example.com
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Assessment Recovery Document Interpretation & Enforcement Document Restatement & Amendment Litigation Contract Negotiation ADR & IDR FHA Certification Board Education
San Diego Area 760.436.3441
Coachella Valley 760.773.4463
Orange County 949.390.2977
Inland Empire 760.436.3441
Margaritaville SUMMER SIZZLER Save the Date
Friday, June 15, 2018 | CAI-CV Office & Classroom 29
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BMW Sponsors: Asphalt MD's & Western Pacific Bank Corks for CLAC Sponsors
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nsors ux Spo Bordea tirling, PLC ell, APC S Adams rinnell & How G . n c Epste Lighting, In Horizon ll Landscape .P e .L O’Conn Freedman, L ent & em g rs a n te a e P M ul Pest rf e w r o o P ons ction lass Sp Wine G Point Constru e Vantag or Spons Photo sponse e R d Floo
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2018 PLATINUM SPONSOR SPOTLIGHT Western Pacific Roofing Corp has a long and wellestablished history of providing the best in quality workmanship and service to our customers throughout all of Coachella Valley. As a full-service roofing company, Western Pacific is committed to providing the best in quality roofing systems at the most competitive prices. We strive to establish long-term relationships with our clients and their projects. Much of our success is a direct result of Property Managers, Homeowners Associations, Home Builders and Individual Homeowners that believe in retaining the services of a quality roofing company providing value and experience instead of just low pricing. Western Pacific is an approved applicator for all major roofing manufacturers. Your roof is a major investment and you will rely on it to protect your property for many years to come. The qualities you expect from your roofing company include the best service, workmanship, product reliability, experience and longevity. Your roof and your roof warranty is only as good as the company behind it. • Western Pacific Roofing is recognized and awarded for excellence as a professional roofing contractor. Our company serves the Western states from four California locations.
Visit our website: www.westpacroof.com OUR SERVICE Western Pacific has the most comprehensive repair and maintenance division in the Desert. Our Service Order fax line, combined with our response time, can be effective in controlling interior damage caused by roof leaks as well as providing peace of mind for our Property Managers and HOA’s. Our goal is to efficiently maximize the serviceable life of the existing roofing systems on each project through planned maintenance. Our maintenance programs are designed on an individual basis to meet specific needs of each project. Please feel free to contact us at (760) 416-5877. Service Fax (760) 320-8912. Service Email: Linda@westpacroof.com
• Founding Member of RoofConnect, a national roofing service company that provides lead and maintenance services 24/7 from over 120 locations nationwide.
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Richard Brunelle............................. General Manager
• Western Pacific Continues to provide the very best in experienced roofing throughout the Coachella Valley and our long-established Palm Springs team is expanding that tradition.
Western Pacific values its relationships with our customers and the communities we serve. An important part of our company mission is to be good business citizens in our community – to serve that goal Western Pacific has always been an active partner and supporter of the many good causes in our Coachella Valley. We have contributed to and sponsored many events over the years, and will continue to do so. Western Pacific is an active participant in CAI and works to support its activities and events.
WESTERN PACIFIC ROOFING CORP–THE BEST CHOICE FOR ALL YOUR ROOFING NEEDS.
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Thank you to Western Pacific Roofing Corporation for their generous support of CAI-CV! CAI-CV.org
CLAC Update B
By Steven Shuey, PCAM, CCAM
oard elections are an important part of association administration. Finding energized and qualified volunteers is not always easy, but certainly, getting the right person is important for the lifestyle of the community to be maintained. Years ago our state legislature invoked a requirement that all associations have election rules in place that include not only how elections take place, but who could serve as a board member. Most communities, in the design of their election rules included language that required anyone placing their name in nomination be "in good standing." Although the term "in good standing" was not initially defined, most communities took that to mean assessment accounts are paid in full and there are no open or outstanding violations on record for a candidate. I think we can agree that this standard is good for the community. Perhaps not anymore. In February 2018, Senator Wieckowski introduced a bill, SB1265, that could
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change how our election rules read. This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. Among other things, the bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. In plain English, this would mean that members who refuse to pay their regular or special assessments can place their name in nomination for election and vote in the election. It further indicates that a member who has violated the association rules (and refuses to follow the rules or take corrective action) could not be penalized by denying their ability to serve or vote. Is this what you want in your community? In my view, this is equivalent to "allowing the crazy to run the asylum." My opinion may not be politically correct, but it is time for sanity in the community. This bill, SB1265, must fail. We, you and I, must tell our legislators to vote NO on AB1265.
If issues like this concern you, it may be time for you to get personally involved by contacting your legislators and expressing your view on such issues. The California Legislative Action Committee (CLAC) is in Sacramento fighting on behalf of all California communities to help make sure laws being proposed make sense for our communities. I urge you to get involved! This fighting process is not free. It comes at a cost. CAI pays a lobbyist to be our advocate in Sacramento and fight on our behalf. This is paid for strictly by volunteer funding. Your community can help by budgeting a small amount in what we are calling the "Buck-A-Door" campaign. We are asking every community to contribute one dollar per door per year to support CLAC's efforts. This amounts to under nine cents per unit per month. You can double that and become of greater help. Steven Shuey, PCAM, is a CLAC Delegate representing CAI-CV and 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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MANAGERS' CORNER By David Schuknecht, CMCA
Who's not online? % of U.S. adults who do not use the internet (2018) U.S. adults
ighty-nine percent of Americans are now connected online. As the world evolves, so should the way we operate and manage homeowner associations. Adopting an association webpage is usually the first step. The importance of proper policy and procedure regarding the website is crucial. First, the board of directors should determine what materials they will post on the website. Because the Internet is easily accessible, it is wise to seek legal advice when deciding what materials to include. A calendar of events and newsletters are a great place to start. Some associations include financial records, governing documents and minutes. It is important to keep these documents up to date. For example, if the board policy is to upload meeting minutes after they have been approved and the board does not do so consistently, homeowners will assume that the board is not holding meetings or the board is trying to hide what is decided in the meetings. Additionally, a homeowner may download the associationâ€™s rules to provide to a tenant only to find out that they had been amended a few months ago. Second, the board must consider who will be doing the updating and monitoring of the website. Whether it is a point person on the board, a website committee, or the managers newfound responsibility, it should be clearly delineated to avoid confusion for both the updater and those who visit the website. Third, make sure the proper
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controls are in place. While you may not be able to prevent the highly motivated from obtaining documents without proper authorization, simple things such as password protection of both the website and documents can prevent non-homeowners from viewing important HOA information. Often times boards will be unsure of who is able to view all the documents. It is important to inform them that only members of the association have the right to inspect association records and that the purpose should be related to their interests as a member of the association. Finally, it is advisable to avoid operating open forum or comment sections on an association website. While it may seem like a good idea to ask questions, get answers, and speak amongst community members, it would be difficult to regulate or manage the content. On the other hand, board and community members may seek information on CAI's website. Exchange. caionline.org allows homeowners, board members, managers, and other association professionals an area to speak on an open forum amongst each other to share their experiences and thoughts. David Schuknecht, CMCA, is a community manager for Personalized Property Managment and has been a portfolio manager for the last several years. Mr. Schuknecht is a Coachella Valley native and is a graduate of the University of California, Santa Barbara.
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22 Note: Whites and blacks include only non-Hispanics. Source: Survey conducted Jan. 3-10, 2018. PEW RESEARCH CENTER Graphic courtesy of: http://www.pewresearch.org/fact-tank/2018/03/05/ some-americans-dont-use-the-internet-who-are-they/
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APRIL CAI-CV’s Manager on the Run (MOTR) (for managers) WHEN: Friday, April 6, 2018 WHERE: CAI-CV’s NEW OFFICE – 75410 Gerald Ford Drive, Suite 102, Palm Desert CAI National’s Day at the Capitol WHEN: Sunday – Monday, April 8-9, 2018 WHERE: Sacramento
CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) GUEST SPEAKER: Internationally Renowned Author/Attorney, Bill Eddy, Esq., Founder of the High Conflict Institute WHEN: Friday, April 20, 2018 WHERE: Palm Valley Country Club, Palm Desert CAI-CV’s Spring Golf Tournament WHEN: Friday, April 27, 2018 WHERE: Desert Falls Country Club, Palm Desert
CAI National’s M204 Governance (for managers) WHEN: Thursday – Friday, April 12-13, 2018 WHERE: Los Angeles CAI-CV’s Board Leadership Development Workshop (for Board Members) WHEN: Postponed Watch for new date CAI National’s M201 Facilities (for managers) WHEN: Thursday – Friday, April 19-20, 2018 WHERE: San Diego
MAY CAI’s National Conference (for all members) WHEN: Wednesday – Saturday, May 9-12, 2018 WHERE: Washington, D.C. CAI-CV Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, May 18, 2018, 11:30 Registration WHERE: Palm Valley Country Club, Palm Desert
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