April CAI-CV HOA Living

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APRIL 2024 APRIL 2024 COVER FEATURE 10 Mirage Cove Association FEATURES 14 Is Your HOA a Best Practice Community? 15 CAI Advocacy – The Corporate Transparency Act Suffers a Judicial Setback 28 Best Practices for HOA Maintenance $9.50
Accomplish more with Associa Desort Resort Management. Contact us today! Robin Poole 760.895.7150 rpoole@drminternet.com www.drminternet.com THAT WORKS FOR YOU. Community management At Associa Desert Resort Management, our top priority is keeping all aspects of your community running seamlessly. Whether it’s our top-tier management, secure financials, on-demand maintenance, or advanced technology, our complete and comprehensive suite of services makes leading and living in a managed community better and easier than ever. Leave the hard work to us, so you can focus on what matters. HOA Living | APRIL, 2024 2

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 Back yards since 1969

Qualit y work at a fair price

Lic #896061 C-53
CAI-CV.org facebook.com/CAICV @CAI-CV 3

NEW AND RENEWING MEMBERS

NEW BUSINESS PARTNERS

AROSA HOME CARE

Ms. Jill Walmsley (949) 933-4100 jill.walmsley@arosacare.com

VIRTUAL GUARD, INC.

Mr. Jude Hen (310) 466-9330 jude@virtualguard.com

RENEWING BUSINESS PARTNERS

ANIMAL PEST MANAGEMENT SERVICES, INC.

Mr. Dan Fox (909) 591-9551 dfox@animalpest.com

KHATRI INT. CIVIL & STRUCTURAL ENGINEERS, ARCHITECTS

Mr. Dilip Khatri (626) 475-7660 dkhatri2006@gmail.com

NPG ASPHALT

Ms. Kymberli Burke (760) 822-3258 kymberliburke@npgasphalt.com

PRECISION CONSTRUCTION AND PAINTING

Mr. Evan Murray (805) 724-6837 operations@precisionpainting.com

SCOTT CORPORATION, APAC

Mrs. Krista Scott (760) 568-5544 kscott@thescottcorp.com

SUN KING ELECTRIC, INC

Mr. Shaun Johnson (760) 898-1388 linda@sunkingelectric.com

THE MCGOWAN COMPANIES

Mr. Joel W. Meskin, Esq., CIRMS (216) 385-5610 jmeskin@mcgowanprograms.com

THE NAUMANN LAW FIRM, PC

Ms. Elaine J Gower (858) 792-7474 elaine@naumannlegal.com

VISTA PAINT CORPORATION

Ms. Melea Silva (951) 454-2500 msilva@vistapaint.com

RENEWING MANAGEMENT COMPANY

PRIME ASSOCIATION SERVICES

Ms. Shelie Xanthos (800) 706-7838

sheliexanthos@theprimeas.com

NEW MANAGER MEMBERS

ASSOCIA DESERT RESORT MANAGEMENT

Ms. Patricia Gomez (760) 772-2092

PGomez@drminternet.com

Mr. Shaun Robert Mingus (760) 346-1161

SMingus@drminternet.com

Mr. Guy Thomas Ryerson (760) 346-1161

GRyerson@drminternet.com

KEYSTONE

Ms. Amy Hughes (951) 503-3641

ahughes@keystonepacific.com

REALMANAGE

Ms. Kaleigh Hicks (909) 653-3726

kaleigh.hicks@realmanage.com

RENEWING MANAGER MEMBERS

ASSOCIA DESERT RESORT MANAGEMENT

Mrs. Linda Christine Alexander (760) 346-1161 lalexander@drminternet.com

Mr. Sean E. Archer (760) 346-5481 sarcher@drminternet.com

Ms. Kristin Berryhill-Hood (760) 346-1161 kberryhillhood@drminternet.com

Ms. Karen Brimhall (760) 346-1161 kbrimhall@drminternet.com

Ms. Amber Marie Libertini-Cochran (760) 346-1161 alibertini@drminternet.com

Mr. Samuel Meza Rodriguez, CMCA, AMS, PCAM (760) 346-1161 srodriguez@drminternet.com

MORNINGSIDE COMMUNITY ASSOCIATION

Mrs. Michele Abdelnour, CMCA, AMS (760) 328-3323 mabdelnour@morningsideca.com

PERSONALIZED PROPERTY MANAGEMENT CO.

Mr. Edgar Alonso Gomez Perez (760) 325-9500 (259) egomez@ppminternet.com PMI - COACHELLA VALLEY

Mr. Kevin K. Crawford (442) 227-2030 Info@PMI-CV.com

PREMIER COMMUNITY ASSOCIATION MANAGEMENT

Mrs. Elizabeth Weber, CMCA, AMS (760) 969-9371 eweber@brcpcam.com

SUN CITY PALM DESERT COMMUNITY ASSOCIATION

Mr. Travis Radtke (415) 481-1111 travis.radtke@scpdca.com

THE MANAGEMENT TRUST, DESERT REGION

Mrs. Tiffany Renee Kaldenbach, CMCA, AMS, PCAM (760) 224-4590 tiffany.kaldenbach@managementtrust.com

Mr. Spencer Lee Mathey, CMCA, AMS (909) 838-0486 spencer.mathey@managementtrust.com

NEW HOMEOWNER LEADERS

CANYON ESTATES HOMEOWNERS ASSOCIATION

Ms. Nancy Burke

Ms. Susan Byron

Ms. Leslie Frank

Mr. Peter Lancellotti

CORONADO GARDENS HOMEOWNERS ASSOCIATION

Ms. Barbara Larsh

DESERT BREEZES CASAS

Mr. Patrick Queenen

DESERT PRINCESS HOMEOWNERS ASSOCIATION

Mrs. Sue Bergstrom

Ms. Maureen Carlson

GENESIS HOMEOWNERS ASSOCIATION

Mr. George Soule

INDIAN RIDGE HOMEOWNERS ASSOCIATION

Mr. Richard Crispo

MIRA VISTA AT MISSION HILLS

Mr. Tim Bancroft

Ms. Georgene Fairbanks

Mr. Nigol Manoukian

MISSION LAKES COUNTRY CLUB

Mr. Brian Brooke

Mr. James Lahti

SILVER SANDS HOMEOWNERS ASSOCIATION

Ms. Cynthia Ann Bordeaux

Mr. James P. Carey

Ms. Camille Herzfeld

Mr. Ronald Edwin Hinton

Mr. Neil Jacoby

Mr. Ray Jacoby

Mr. Dennis Kluy

Ms. Linda Kluy

Mr. Bob Kuhn

Mrs. Renae Kuhn

Mr. Dick McLean

Ms. Carolyn Norman

Mr. Don Weaver

Mr. Nick Yaron

SOL PALM SPRINGS HOMEOWNERS ASSOCIATION

Mr. Fred Coleman

RENEWING HOMEOWNER LEADERS

DESERT PRINCESS HOMEOWNERS ASSOCIATION

Mr. Martin Backstrom

Mr. Mark Brown

Mr. Ernie Hall

Mr. Russ Holowachuk

Ms. Terri Swartz

INDIAN RIDGE HOMEOWNERS ASSOCIATION

Mr. George Bers

Mr. Ron Eickelman

Mr. Steve Heiferman

Mr. Jack Kane

Ms. Catherine Krueger

Mr. Doug Lindal

Mr. James Loeb

Mr. Joel Mark

Mr. Dan Newell

Ms. Sharon Severson

Mr. Jim Stubbs

DUNES PROPERTIES HOA

Ms. Kimberly A. McKinney

Ms. Carol Lea Service, IV

HOA Living | APRIL, 2024 4

MEAGHAN GAFFNEY-HOWE, CMCA, AMS CHAIR

The Gaffney Group, Inc.

ASHLEY LAYTON, PCAM, AMS, CMCA

Premier Community Association Management

JENNIFER JAMES, ESQ.

HOA Legal Services

MIKE TRAIDMAN

BOARD LIAISON

Mira Vista at Mission Hills HOA

CHRISTOPHER BAIR

Securitas Security Services

SIERRA CARR, CMCA, AMS, CCAM, PCAM

Associa Desert Resort Management

GREG GRITTERS

Vintage Landscape

GLENN A. MILLER, CGCS

Southwest Landscape & Maintenance, LLC

JAMIE PRICER

Coachella Valley Water District

JASON SAVLOV, ESQ.

Adams | Stirling, PLC

JOHN SCHUKNECHT

LaBarre/Oksnee Insurance

STEVEN SHUEY, PCAM

Personalized Property Management (Ret.)

CHRIS SIGLER, B.S.C.E, CDT C.L. Sigler & Associates, Inc.

LORENA STERLING, CAFM

Community Association Financial Services

CREATIVE DIRECTOR & GRAPHIC DESIGNER

RODNEY BISSELL

CAI-CV

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

PHOTOGRAPHY

MATTHEW LAWTON, CIC, CIRMS, EBP OCV Insurance Services matt@ocvinsurance.com 760-774-2099

JAY JARVIS jayj92260@gmail.com 571-235-5420

ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION

HOALiving@cai-cv.org

SUBSCRIBER SERVICES

The Coachella Valley HOA Living 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 HOA Living are subject to editing and rewriting by the HOA Living Committee.

FEATURES 10 Mirage Cove Association By Ashley Layton, PCAM, AMS, CMCA 14 Is Your HOA a Best Practice Community? By CAI-CV’s Homeowner Leader Committee 15 CAI Advocacy – The Corporate Transparency Act Suffers a Judicial Setback By Jeff French, Esq. 28 Best Practices for HOA Maintenance
UPCOMING EVENTS 20 CAI-CV Educational Lunch Program & Mini Trade Show SUCCESSFUL RULES ENFORCEMENT A-Z Friday, April 19, 2024. 11:15, Sun City Palm Desert 21 CAI-CV’s Spring Golf Tournament AROUND THE WORLD IN 18 HOLES Friday, May 3, 2024, Sun City Palm Desert 24 CAI Annual Conference & Exposition, Las Vegas LIVE CLASSROOM COURSES, MAY 6-8 Conference, Wednesday, May 8 – Saturday, May 11, 2024 30 Connecting at the Capitol (In Person & Zoom) ADVOCACY WEEK IN SACRAMENTO Tuesday, April 2 – Wednesday, April 4, 2024, Sacramento PAST EVENT PHOTOS & SPONSORS 18 CAI-CV Educational Lunch Program & Mini Trade Show Friday, March 15, 2024, Water Intrusion and Insurance 31 AWARDS PHOTOS – Get Your Awards Night Photo! 32 CAI-CV and City of Indio HOA Workshop By Bruce Latta CMCA, CFE 34 Meet the Management Companies Friday, March 22, 2024, 5:30 p.m., The Class Club, Palm Desert 2024 HOA LIVING MAGAZINE COMMITTEE MEMBERS
CO-CHAIR
CO-CHAIR
EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER CAI-CV.org facebook.com/CAICV @CAI-CV 5

Choose Educated Business Partners

Julie R. Balbini, Esq., Fiore Racobs & Powers, A PLC

Micha Ballesteros, Cartwright Termite & Pest Control, Inc.

Roxi K. Bardwell, Advanced Reserve Solutions, Inc.

Rodney Bissell, Bissell Design Studios, Inc.

Gary Butler, Asphalt MD's

Linda Cardoza, Alliance Association Bank

Will Cartwright, Cartwright Termite & Pest Control, Inc.

Christopher Cellini, Flood Response

Todd Chism, PatioShoppers

DJ Conlon, Poppin Promotional Products

Lori Fahnestock, Powerful Pest Management

Julie Frazier, Frazier Pest Control, Inc.

Victoria Germyn, Teserra

Elaine Gower, The Naumann Law Firm, PC

Michael Graves, SCT Reserve Consultants

Amanda Gray, Harvest Landscape, Inc.

Jennifer James, Esq., HOA Legal Services

Banc of California

Megan Kirkpatrick, Kirkpatrick Landscaping Services

Jared Knight, Precision Construction & Painting

Katy Krupp, Fenton Grant Mayfield Kaneda & Litt, LLP

Matt Lawton, CIC, CIRMS, OCV Insurance Services

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, Conserve LandCare

Bridget Nigh, BEHR Paints

Matt Ober, Esq., Richardson Ober DeNichilo LLP

Chet Oshiro, EmpireWorks

Jed Pannell, Distinctive Restoration

Mallory Paproth, SCT Reserve Consultants

Elisa Perez, Esq., Epsten, APC

Jay Powell,

Dana Pride,

Mike

Ben's
Asphalt
Automation Pride
LaBarre/Oksnee Insurance Agency Kelly
Esq.,
LLP
Animal
Services, Inc.
Williams, AMS Paving
Winkle, Roof Asset Management Bevan Worsham, AMS Paving Jolen Zeroski, First Citizens Bank Become an Educated Business Partner Call the CAI-CV office or go to www.cai-cv.org for more information. YOUR HOA CAN BE OUR NEXT COVER APRIL 2022 FEATURES 10 Spotlight Medallion Community - Victoria Falls 13 Chapter Angels 16 Demystifying the Balcony Bill, SB326 – a Wrap-Up 26 Saving on Energy Costs with Solar COMMUNITY ASSOCIATIONS INSTITUTE | COACHELLA VALLEY CHAPTER $8.25 NO COST TO YOU EVERY COVER HAS A STORY. TELL US YOURS! MUST BE CAI-CV MEMBER IN GOOD STANDING CONTACT THE CAI-CV OFFICE ( 760) 341- 0559 admin@cai-cv.org CAI-CV EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER HOA Living | APRIL, 2024 6
Rey,
Richardson,
Richardson Ober DeNichilo
Brent Sherman,
Pest Management
Liz
Taylor

2024 COACHELLA VALLEY

CHAPTER BOARD OF DIRECTORS

PRESIDENT

JULIE BALBINI, ESQ.

Managing Attorney, CV Office, Fiore Racobs & Powers, A PLC

PAST PRESIDENT

CLINT ATHERTON, PCAM General Manager, Sun City Palm Desert

PRESIDENT-ELECT

ERIN KELLY

AVP, HOA Senior Manager Banc of California

SECRETARY

BG (RET) GUIDO PORTANTE Director, Mira Vista at Mission Hills HOA

TREASURER

JOLEN ZEROSKI, CMCA

VP, Regional Account Executive First Citizens Bank

DIRECTOR

MARK DODGE, CMCA, AMS Branch President & CEO Associa Desert Resort Management (DRM)

DIRECTOR

BRUCE LATTA, CMCA Manager, Indio Properties/President, Desert Cities HOA Council

DIRECTOR

MICHELLE LOPEZ, CMCA, AMS Director of Community Management, Powerstone Property Mgmt.

DIRECTOR

BRIDGET NIGH

Regional Account Manager, BEHR Paint Company

DIRECTOR

LILY ORTEGA, CMCA Office Manager, Pro Landscape

DIRECTOR

MIKE TRAIDMAN

President, Mira Vista at Mission Hills HOA Commissioner, CAMICB

CONTACT US

CAI Coachella Valley 49950 Jefferson Street, Suite 130-117 Indio, CA 92201 (760) 341-0559 | 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.

CAI-CV EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER CAI-CV EDUCATED BUSINESS PARTNER DEPARTMENTS CLAC UPDATE 8 Two-Minute YouTube Update for CAI’s California Legislative Action Committee 27 CAI-CLAC Advocacy Update MAINTENANCE 16 The Secret Culprit Behind Fading Paint By Bridget Nigh, CCIP, EBP HOA LAW 22 Legal Services: Uniting Boards and Community Managers for Maximum Impact By Rachel Walmsley, Esq. WATER 25 Low-Flow Shower Heads Reduce Water, Energy Use By Coachella Valley Water District INSURANCE 36 Managing Insurance Claims By John Schuknecht CMCA, AMS CHAPTER NEWS 4 New & Renewing Members 6 CAI-CV Educated Business Partners 8 President’s Message 9 List of Advertisers 26 Titanium Sponsor Spotlight AMS Paving 33 Become a Certified Common Interest Development Manager (CCIDM) By CAI California 37 CAI-CV 2024 Calendar 37 Welcome Aboard Sanchez Landscape, Inc. By Meaghan Gaffney-Howe CMCA, AMS 39 Like & Follow Us on Facebook and Instagram 40 CAI-CV Upcoming Events 40 CAI-CV Marketing Plan 40 CAI-CV Corporate Sponsors CAI-CV.org facebook.com/CAICV @CAI-CV 7

President’s Message

Happy April to all our members!

CAI-CV has some excellent educational programs for our members this month, starting with a Board Bootcamp on Tuesday, April 9th via Zoom. This extraordinary program will focus on teaching association board members about policy governance, board roles, controlling meetings, fiduciary duties and much more. Our guest speaker is attorney Mark Guithues, Esq. (Community Legal Advisors, Inc.). The program will run from 8:30 to 10:00 a.m. I encourage all our boards to attend this informative session.

On Friday, April 19th, we will have a timely Educational Lunch Program and Mini Trade Show entitled “Successful Rules Enforcement A-Z” that will focus on best practices for associations. Our guest speakers will be Kaylynn Hudson, BA, CCAM (The Management Trust) and Mark Guithues, Esq. The program will begin with the trade show at 11:15 a.m. at Sun City Palm Desert. Come with all your enforcement questions! For more information, see Page 20

On Friday, May 3rd, the Chapter will host its annual Spring Golf Tournament – Around the World in 18 Holes. Imagine traveling around the world in one day! CAI-CV’s tournament is a fun day of golf where managers play for free! It’s a “shotgun” start on the Santa Rosa Course at Sun City Palm Desert, and sponsors will host food and beverages from different countries on every hole. Nongolfers are welcome to walk the course to encourage golfers or to join us just for the delicious luncheon. See page 21 for links to sign up.

Please join me in thanking our many speakers and volunteers who produced first rate education for our members in March. On March 5th, the Chapter offered CAI’s Board Certificate Course. Many thanks to Steven Shuey, PCAM, for facilitating this full day of instruction. We had a terrific turnout for this Zoom program on the essentials of community governance. Association board members who attended and took the test with CAI National received a certificate and recognition on the CAI national website.

A special thanks to the Homeowner Leader Committee for another fantastic HOA Workshop with the City of Indio on Saturday, March 9th. Representatives from CAI-CV, including myself, Cal Lockett (CAI-CV), Mark Dodge (Associa DRM), and Mike Traidman (Mira Vista at Mission Hills) presented information about HOAs, and the city’s

Mayor, Mayor Pro Tem, Assistant Chief of Police, Manager of Code Enforcement, and other city officials informed residents about how the city deals with issues inside HOAs. You can learn more about the workshop by going to KMIR NBC News at: https://nbcpalmsprings.com/2024/03/11/ home-owners-association-workshop/ or by reading the article on page 32.

Our March Educational Lunch Program and Mini Trade Show on the topic of Water Intrusion and Insurance was a great success. What an eye-opener – things are changing quicky on the insurance front. Thanks to our guest speakers, Lisa Tashjian, Esq. (Beaumont Tashjian), and Patrick Prendiville (Prendiville Insurance Agency) for a very informative program. Check out the photos and sponsors on page 18.

The Chapter’s Business Partner Committee is to be congratulated for a very successful Meet the Management Companies event that was held at The Classic Club on March 22nd. We had ten management companies exhibiting and more than 140 attending this annual event. The purpose of the event is to encourage unmanaged associations to seek professional management. See page 34 for the photos and list of sponsors.

On Tuesday, March 26th, the City of Palm Desert hosted a Town Hall at the Palm Desert City Hall for residents about HOA issues. CAI-CV Director, Mark Dodge (Associa Desert Resort Management), Director Mike Traidman (Mira Vista at Mission Hills), and CAI national instructor Steven Shuey, PCAM, presented on behalf of CAI-CV. City officials also presented on topics including public works issues, vector control, disaster preparedness, and short-term rentals. Thanks to the Homeowner Leader Committee for organizing CAI-CV’s participation in this important community outreach effort.

You can sign up for CAI-CV events and educational programs at: Community Calendar - CAI-CV. Also, you can use the links in the Monday Update (emailed to all members every Monday). Please see page 40 for upcoming events and programs.

On behalf of the CAI-CV leadership team, we hope you all have a safe and enjoyable April!

2024
HOA Living | APRIL, 2024 8
Julie

CAI-CLAC TWO MINUTE UPDATE ON

The California Legislative Action Committee’s (CLAC’s) primary objective remains constant: propose, monitor, evaluate, provide input, and take formal positions on state legislation affecting community associations.

In 2023, CAI-CLAC achieved just this. CLAC was successful in the sponsorship of two bills and the integration of cleanup measures into the Housing Omnibus bill. Furthermore, they played a pivotal role in securing critical amendments for three additional pieces of legislation.

ACCOUNTING NEWMAN CERTIFIED PUBLIC ACCOUNTANT ........................ 6 ASPHALT AMS PAVING ............................................................................. 26 ASPHALT MD’S ......................................................................... 38 COMMUNITY MANAGEMENT ASSOCIA DESERT RESORT MANAGEMENT ............................2 PREMIER COMMUNITY ASSOCIATION MANAGEMENT ...... 31 CONCRETE OVERLAY SYSTEMS COOPER COATINGS INC. ........................................................ 38 CONSTRUCTION MANAGEMENT C.L. SIGLER & ASSOCIATES INC. .......................................... 39 ELECTION SERVICES ASSOCIATION PROFESSIONAL SERVICES .......................... 39 LEGAL FIORE RACOBS & POWERS, A PLC ....................................... 38 PEST CONTROL POWERFUL PEST MANAGEMENT ......................................... 38 RESTORATION SERVICES FLOOD RESPONSE .................................................................. 38 ROOFING ROOF ASSET MANAGEMENT ................................................. 38 POOLS GARDNER OUTDOOR AND POOL REMODELING ................... 3 ADVERTISERS Share your news with CAI-CV members. Contact the office at (760) 341-0559. CLAC
UPDATE
YOUTUBE:
CAI-CV.org facebook.com/CAICV @CAI-CV 9

Mirage Cove Association

HOA Living | APRIL, 2024 10

Nestled on a 46-acre hillside of the San Jacinto Mountains, Mirage Cove Association is surrounded by a 3,800-acre ecological reserve that supports the Peninsular Bighorn Sheep. Sixty-nine single level family homes provide each owner with gorgeous views of the mountains and panoramic views of the Coachella Valley. The exteriors are modern Mediterranean mixing tile and flat roofs. The interiors are desert modern, providing high ceilings, large walls of glass, and indoor-outdoor entertainment spaces.

Originally, models were available with variations on the floorplans, providing a two-bedroom with den, or a three-bedroom option. All models have three bathrooms. Two of the three bedrooms have ensuite baths, and all models have a two-car enclosed garage.

Additions have been made to expand the bedrooms or add a casita, as the lot would allow. Values have recently been listed at $1.1 to $1.6 million.

Owners enjoy the following amenities for a monthly HOA assessment of $535:

• Private Gated Entry

• Pool and Spa

• Tennis Courts

• Pickleball Courts

• Landscaping Maintenance

• Recreational Vehicle Parking

• Trash and Recycle Collection

• Pest Protection

"Sixty-nine single floor family homes provide each owner with gorgeous views of the mountains and panoramic views of the Coachella Valley."
CAI-CV.org facebook.com/CAICV @CAI-CV 11
"Mirage Cove has been a leader in water conservation in the Valley."

Mirage Cove has been a leader in water conservation in the Valley. It was one of the first communities to convert front yards and common areas to desert-scape. The landscaping guidelines provide clear parameters for lighting yards, slopes, and common areas that are consistent with a “dark skies” theme. The community has been working with a landscape architect on landscape beautification and an improved irrigation project.

The association is currently working on painting the community walls and resurfacing the streets in the next year, and the association’s website will be live on April 13, 2024.

Mirage Cove owners have recently commented, “Mirage Cove provides privacy and unique mountain and valley views in a naturally landscaped environment,” and “The private backyards have astonishing views of the Valley. Each one seems unique.”

The board is comprised of 5 members, who are supported by 3 standing committees:

• Environmental Control Committee (ECC) – oversees the approval of architectural and landscape improvements.

• Architectural and Landscape Committee –develops guidelines, provides assistance to owners wishing to make improvements and makes recommendations to the ECC.

• Social Networking Group – a neighborhood operated group of owners facilitating communication and socializing among Mirage Cove neighbors.

The association works with numerous CAI-CV business partners including: Tinnelly Law Group, Personalized Property Management, Automation Pride, Horizon Lighting, and Powerful Pest Control.

Mirage Cove Association is managed by Yvonne Reyna, CACM, with Personalized Property Management. Yvonne can be reached at 760-325-4785 or via email at yreyna@ ppminternet.com

Ashley Layton, PCAM, AMS, CMCA is Vice President of Premier Community Association Management. She can be reached at (760) 345-2449 or email her at ALayton@brcpcam. com. www.brcpcam.com

HOA Living | APRIL, 2024 12

“Mirage Cove provides privacy and unique mountain and valley views in a naturally landscaped environment,” and “The private backyards have astonishing views of the valley. Each one seems unique.”

CAI-CV.org facebook.com/CAICV @CAI-CV 13

IS YOUR HOA A BEST PRACTICE COMMUNITY?

Do your HOA residents (and potential home buyers) recognize the value associated with living in your “best practice“ community?

CAI-CV’s Medallion Award Program provides an opportunity for CAI-CV member communities to be recognized for using CAI best practices.

BENEFITS TO YOUR HOA:

• Helps to build positive community spirit.

• Helps preserve and enhance the highlevel character of your community.

• Helps to protect and enhance property values in your community.

• Helps the board and management exceed owners’ expectations.

YOU WILL RECEIVE:

• A professionally made outdoor Medallion Community logo sign that can be mounted to your gate or entrance.

• A professionally designed electronic logo that can be added to your website, business cards, and marketing materials.

• A cover-feature article in CAI-CV’s award-winning HOA Living Magazine

JOIN THE RANKS OF COACHELLA VALLEY MEDALLION COMMUNITIES!

• Desert Shores Resort, Indio

• Indian Ridge, Palm Desert

• Mira Vista at Mission Hills, Rancho Mirage

• Montage at Mission Hills, Cathedral City

• Palm Valley Country Club, Palm Desert

• Santa Rosa Cove, La Quinta

• Sun City Palm Desert

• Victoria Falls, Rancho Mirage

NEXT STEP:

Request an application

Click or Scan the QR Code

(Application includes a questionnaire designed to evaluate an HOA’s best practices in all operational areas. The application is reviewed by CAI-CV Homeowner Leaders who either award Medallion status or provide feedback on areas needing improvement. The first-time application fee for CAI-CV members is $300 with a 2-year renewal fee of $200. Contact CAI-CV (760) 341-0559 or email clockett@cai-cv.org for more information.)

CLICK OR SCAN HERE TO DOWNLOAD BROCHURE:
HOA Living | APRIL, 2024 14

CAI Advocacy – The Corporate Transparency Act Suffers a Judicial Setback

The Corporate Transparency Act (“Act”) has been a major topic of late for California community associations. Under the Act, beginning January 1, 2025, reporting companies with less than $5 million in gross receipts and fewer than 20 full-time employees, must file information online with the Financial Crimes Enforcement Network (“FinCEN”). The definition of a “reporting company” under the Act includes corporations, limited liability companies, some trusts, and other entities formed or registered to do business in the United States. Whether intentional or unintentional, the broad nature of the Act has swept up most community associations into its coverage as they are organized in most instances as state chartered non-profit corporations. The rub with compliance has been the level of reporting required by the associations as well as by the volunteer directors that oversee community associations. The concern is that some volunteer directors may balk at providing the personal information necessary for compliance, and the penalties for non-compliance under the Act are quite harsh involving substantial fines and even possible incarceration.

"The concern is that some volunteer directors may balk at providing the personal information necessary for compliance, and the penalties for noncompliance under the Act are quite harsh involving substantial fines and even possible incarceration."

Recently, on March 1, 2024, a federal court in Alabama ruled that the Act is unconstitutional. In National Small Business United v. Yellen, the court issued a 53-page opinion rejecting each of the arguments offered by the government in opposition to NSBA’s dispositive motion for summary judgment. Specifically, the court concluded that the Act exceeds the Constitution’s limits on the legislative branch and is therefore unconstitutional. The court characterized the case as illustrative of the principle

that “Congress sometimes enacts smart laws that violate the Constitution.” The court went on to issue a stay of enforcement but made clear that the stay would only apply to the specific companies involved in the Alabama litigation. So, what does this mean for compliance with the Act going forward and the 32 million entities not covered by this decision?

The implications of the court’s opinion declaring the Act unconstitutional are still unclear given the recency of the court’s decision and its narrow application. Furthermore, the government will almost certainly appeal this lower court decision to the Eleventh Circuit Court of Appeals, so it may eventually be reversed on appeal. Regardless, and for the time being, compliance with the Act by community associations is still required. Importantly, community associations have until January 1, 2025, to file an initial report with FinCEN. It should also be noted that CAI is working on the national level to pursue an exemption for community associations, but that effort may be an uphill battle given that this is a presidential election year that may have both Congress and the Treasury Department focusing their attention elsewhere.

The bottom line here is that while community associations may get relief from the Act at some point in time, the fact remains that the Act is presently in effect and applicable to most community associations such that compliance must be pursued to avoid sanctions for non-compliance. Even though timely compliance should still be pursued, at the same time community associations should continue to closely monitor the NSBU Case and other similar cases that may arise as well as lobbying efforts to exempt community associations from the Act

Jeff French is a senior partner with Green Bryant & French, LLP with offices in San Diego and Palm Desert and a member of the CAI Coachella Valley Chapter LSC. You can reach Jeff at (619) 239-7900 (118) or by email at jfrench@gbflawyers.com.

CAI-CV.org facebook.com/CAICV @CAI-CV 15

The Secret Culprit Behind Fading Paint

Tips to Extend the Beauty of Your Exterior Paint Job

When paint starts to fade, it’s easy to attribute it to the usual suspects — UV exposure, harsh environments, low-quality paint, etc. — but there’s another culprit. It’s the quiet one. And it’s often right in front of you.

COLOR SELECTION.

It’s true! While it may not be widely known, color has a considerable impact on the life expectancy of paint. Let’s investigate further:

HOW COLOR AFFECTS LONGEVITY

Color is a powerful tool in enhancing curb appeal. However, it is critical to look beyond aesthetics and make durability a high priority when choosing exterior colors. This is why your first meeting with a client or owner provides the perfect opportunity to discuss the following:

Light or Dark? The reality is that lighter colors last longer and fade less than darker colors, as the latter absorbs more sunlight, which accelerates fading. Therefore, if longevity is the goal for a paint job, choosing a lighter shade is the best bet.

Pigments (aka colorants) can make a world of difference when it comes to color retention. When advising clients or property owners, consider discussing the role of inorganic versus organic pigments. Explain colors made from inorganic pigments — such as beiges, tans, browns, and other earthtones — are far more resistant to fading than those with organic pigments, such as blue, green, yellow, red, and other brighter/richer colors.

HOA Living | APRIL, 2024 16

ADDITIONAL CONSIDERATIONS

In addition to color, other factors that contribute to the wear and tear of exterior paint include:

Low-quality paints Low-quality paints have fewer of the all-important ingredients — such as binders and prime pigments — that allow paint to hide better and last longer. As a result, they are more susceptible to the elements, which requires maintenance much sooner.

Applying paint at a lower-than-recommended film thickness can accelerate the aging process of the coating system, allowing more UV to penetrate through the film, causing it to degrade rapidly and change color.

Extreme application temperatures can be detrimental to paint. If it’s too cold outside, paints cannot properly form a film, which makes them vulnerable to premature failures such as peeling and fading. The same is true in hot weather — except that the inability to form a film is due to the dry conditions, which cause water to evaporate much faster, resulting in rapid dry times. This is especially true when paint is applied by spray.

EXTENDING THE PAINT LIFECYCLE

Thankfully, there are ways to prolong your exterior paint job’s aesthetics and longevity.

Color Choice: Have a discussion with your client/owner and suggest they consider color schemes that offer optimal fade protection. Tips on color selection can be referenced above.

Proper Preparation: Thorough surface preparation is the cornerstone of a successful paint job. This includes using a quality primer.

Scheduled Maintenance: Establish a consistent inspection and service plan. It should include exterior surface cleaning, as well as spotting and tackling common paint problems, such as peeling and mildew growth, before they become big issues. In addition, routine upkeep is time- and cost-effective, as it eliminates the need to start from scratch every time.

In the world of paint, knowledge is power. By guiding your clients or property owners in making good color choices, you can not only extend the longevity of their exterior paint job, but also expand your reputation as a dedicated and valued painting professional.

Bridget Nigh, CCIP, EBP, is a CAI-CV Director, and serves as the Riverside County Regional Account Manager for BEHR Paint. Bridget may be reached at (714) 365-7427 or by email at bnigh@behr.com.

CAI-CV.org facebook.com/CAICV @CAI-CV 17

WATER INTRUSION AND INSURANCE

THANK YOU!

Guest Speakers

Patrick Prendiville, CIRMS

Prendiville Insurance Agency

Lisa Tashjian, Esq., CCAL

Beaumont Tashjian

THANKS TO OUR SPONSORS TRADE SHOW SPONSORS

Accurate Termite & Pest Control

Alan Smith Pools

AMS Paving, Inc.

C.L. Sigler & Associates, Inc.

Cooper Coatings

Delphi Law Group, LLP

Hotwire Communications

Kasdan Turner Thomson Booth, LLP

Nissho of California

Precision Painting & Reconstruction

Prendiville Insurance Agency

S.B.S. Lien Services

SCT Reserve Consultants, Inc.

Southwest Landscape

Tinnelly Law Group

Vista Paint Corporation

WICR Waterproofing & Construction

NOTEPAD SPONSOR

Behr Paint

HANDOUT SPONSOR

Cooper Coatings

PEN SPONSOR

Flood Response

CAI-CV EDUCATIONAL PROGRAM & MINI TRADE SHOW FRIDAY, MARCH 15, 2024 SUN CITY PALM DESERT
HOA Living | APRIL, 2024 18
EDUCATIONAL PROGRAM & MINI TRADE SHOW FRIDAY, MARCH 15, 2024
CITY PALM DESERT CAI-CV.org facebook.com/CAICV @CAI-CV 19
CAI-CV
SUN
Friday, April 19, 2024, 11:15 a.m. • Rules and CC&RS operate as laws – and you will be challenged! • The enforcment process is a marathon, not a sprint! • *BEAUTY* is the peace you have when the details are nailed down! • Every question you have regarding enforcement will be answered! SUCCESSFUL RULES ENFORCEMENT A-Z THOUGHTFUL PROTOCOLS FOR *BEAUTIFUL* COMMUNITIES SPONSORSHIPS AVAILABLE: CAI-CV EDUCATIONAL PROGRAM & MINI TRADE SHOW GUEST SPEAKERS Kaylynn Hudson, BA, CCAM Senior Community Association Manager The Management Trust, Desert Division TRADE SHOW SPONSORS Accurate Termite & Pest Control Alliance Association Bank AMS Paving C.L. Sigler & Associates, Inc. Cooper Coatings Dunn-Edwards Corporation Hotwire Communications Kasdan Turner Thomson Booth LLP Precision Construction and Painting Prendiville Insurance Agency S.B.S. Lien Services SCT Reserve Consultants, Inc. Vista Paint Company CLICK OR SCAN QR CODE FOR SPONSORSHIPS CLICK HERE OR SCAN QR CODE TO REGISTER Lunch and Trade Show Included 11:15 AM TO 1:30 PM $100 Business Partners $42 Managers $42 Homeowner Leaders Sun City Palm Desert 38180 Del Webb Blvd., Palm Desert, CA 92211 LIMITED CAPACITY Mark Guithues, Esq. President Community Legal Advisers, Inc. PEN SPONSOR Flood Response HANDOUT SPONSOR BEHR Paint Company HOA Living | APRIL, 2024 20
I N 18 H O L E S CAI-CV Save the Date: Friday, May 3, 2024 Sun City Palm Desert | Santa Rosa Course Managers Play Free | Foursomes: $600 Registration & Sponsorships Online: www.cai-cv.org Managers Play Free Foursome Single Golfer Lunch Only Sponsorships CAI-CV.org facebook.com/CAICV @CAI-CV 21

Legal Services: Uniting Boards and Community Managers for Maximum Impact

In the world of community associations, legal matters are inevitable. Whether it is enforcing community regulations, resolving disputes, or navigating complex property laws, the guidance of an attorney is often essential. Approaching legal matters by following broad procedures of an association is an essential starting point, however optimizing the management of legal matters requires a strategic approach, one that involves unified collaboration between boards and community managers. By working together effectively, these two pillars of community governance can ensure an efficient use of legal services while upholding the best interests of homeowners. The following recommendations for working together can assist boards and community managers in effectively utilizing their legal resources.

ROLES OF THE BOARD AND COMMUNITY MANAGER IN LEGAL MATTERS

Successful collaboration depends on the board and the community manager having the ability to recognize the distinct role and expertise that the other brings to the table. Boards are responsible for decision-making and policy implementation, while community managers are responsible for day-to-day operations and serving as formidable liaisons for the board. If boards and community managers embrace their roles when creating procedures for handling legal matters, they can appropriately delegate responsibilities and harness their collective knowledge and skills to tackle legal challenges effectively.

ESTABLISHING EFFECTIVE COMMUNICATION

Effective communication is vital in any collaborative endeavor, especially when it comes to working together for the good of a community association. It requires planning so that when a legal matter arises, the board and community manager have confidence that that each of them knows what to do and will execute on their tasks while keeping the other informed.

To start, boards and community managers should schedule regular meetings to share insights and discuss developments within the community. In doing so, the board and community manager should identify and prioritize legal needs, and then

“BY WORKING TOGETHER EFFECTIVELY, THESE TWO PILLARS OF COMMUNITY GOVERNANCE CAN ENSURE AN EFFICIENT USE OF LEGAL SERVICES WHILE UPHOLDING THE BEST INTERESTS OF HOMEOWNERS.”

develop a unified strategy for managing them. Establishing an open line of communication through these meetings ensures that everyone is on the same page early on and can address issues promptly. The board should give deference and respect to the wealth of knowledge that the community manager brings to the table, including their knowledge of civil code requirements and professional experiences. In turn, the community manager should seek to align his or her communications and actions with the board’s decisions and goals.

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IDENTIFYING LEGAL NEEDS AND PRIORITIES

To optimize legal resources, it is essential to identify the most prevalent legal issues facing the community. By reviewing past legal challenges and evaluating current issues facing the association, boards and community managers can identify and prioritize areas that require attention. Whether the areas of need require drafting enforceable community rules, addressing commonly occurring violations of governing documents, or managing vendors and contract negotiations, understanding the association’s specific legal needs enables proactive planning and resource allocation. Once clearly defined, boards and community managers will have a better sense of direction on these issues. At this point, they can engage in the process of bringing matters to the association’s attorney for input on planning, taking preventative or corrective measures, or for strategy on responding to common legal issues.

DEVELOPING A UNIFIED STRATEGY

With a clear understanding of the roles of the board and community manager, as well as the community's legal needs and priorities, boards and community managers can develop cohesive protocols for managing legal matters and bringing areas of concern to the association’s attorney.

When developing these protocols, the board and community manager should include clear instruction on who will do what based on their role. For example, the protocol may include that the community manager is responsible for gathering all relevant documentation, communications, and other information pertaining to the legal matter as it comes in. The protocol may also include that the board is responsible for providing clear direction to the community manager and contributing insights based on its knowledge of

the community before instructing that the matter be submitted to the association’s attorney. The protocol should also include how often the community manager and board will meet and/ or communicate about matters, and what to do in the event of urgent legal matters.

By the time each matter reaches the association’s attorney, the board and community manager will be able to clearly communicate the association’s legal need, provide sufficient context and reasoning for the request, and supply all the documentation needed in order for the attorney to comprehensively advise on the matter, which minimizes legal costs to the association.

MONITORING AND EVALUATING LEGAL SERVICES

Collaboration does not end once legal services are engaged. Boards and community managers should monitor the association’s legal matters as they evolve and periodically evaluate the effectiveness of legal strategies. By tracking progress and outcomes and assessing the value of legal services, they can make informed decisions about resource allocation and adjust their approach as needed.

Rachel Walmsley, Esq., is an attorney with Roseman Law, APC. You can reach Rachel at (818) 380-6700, or by email at walmsley@roseman.law.

Roseman Law, APC is a full-service real estate and business law firm specializing in the representation of common interest developments. The firm offers services including general counsel, assessment collections (judicial/non-judicial), enforcement actions, contract review and negotiation, drafting corporate documents and SB-800. For more information, please email info@roseman.law.

CAI-CV.org facebook.com/CAICV @CAI-CV 23

Live Classroom Courses

May 6–8 | Las Vegas, NV

Earn continuing education credits toward your CAI credentials and redesignations. Unable to attend the 2024 CAI Annual Conference & Expo? No problem. You can still register for pre-conference courses and earn your credits. Click below for details and registration.

• May 6-8, 2024 - M-100: The Essentials of Community Association Management

• May 7, 2024 - M-201: Facilities Management

• May 7, 2024 - M-202: Association Communications

• May 7, 2024 - M-203: Community Leadership

• May 6-7, 2024 - M-204: Community Governance

• May 6-7, 2024 - M-205: Risk Management

• May 6-7, 2024 - M-206: Financial Management

• May 7, 2024 - M-400: Contemporary Issues in Community Association Management QUESTIONS? CONTACT MEMBER SERVICES: (703) 970-9220, (888) 224-4321, CAI-INFO@CAIONLINE.ORG

HOA Living | APRIL, 2024 24

Low-Flow Shower Heads Reduce Water, Energy Use

Showering is one of the leading ways we use water in the home, accounting for 20 percent of residential indoor water use. For the average family, that adds up to nearly 40 gallons per day.

That's nearly 1.3 trillion gallons of water used in the United States annually just for showering, or enough to supply the water needs of New York and New Jersey for more than 18 months.

You can save a considerable amount of water by installing a water-saving shower head.

Water-saving shower heads – also called low-flow shower heads – restrict the water flow without making it feel like you’re standing under a trickle of water. They allow smaller amounts of water to flow through compared to ordinary showerheads.

Not sure if you have a low-flow shower head? Here’s a quick test to determine whether you should replace a shower head:

1. Place a bucket -- marked in gallon increments -- under your showerhead.

2. Turn on the shower at the normal water pressure you use.

3. Time how many seconds it takes to fill the bucket to the 1-gallon mark.

If it takes less than 20 seconds to reach the 1-gallon mark, you could benefit from a low-flow shower head.

Many households in the USA have shower heads using 2.5 gallons per minute or higher. Low-flow shower heads use no more than 2 gallons per minute.

Switching will do more than reduce overall water consumption. In addition to financial savings from less demand on water heaters, it also decreases energy-intensive water treatment, distribution costs and greenhouse gas emissions, mitigating climate change.

When shopping for a new shower head, look for WaterSense or Energy Star labels that indicate a product meets the EPA’s water-saving standards.

In 2022, the EPA said that if every home in the United States installed WaterSense or Energy Star labeled shower heads, that would save more than $2.9 billion in water utility bills and more than 260 billion gallons of water annually.

For more inside and outside water-saving ideas, go to cvwd.org/conservation.

CAI-CV.org facebook.com/CAICV @CAI-CV 25

AMS Paving has been proudly serving the Coachella Valley with Honesty, Integrity, and Quality for over 40 years. As one of the most respected paving companies in Southern California, we have earned the trust and respect of countless Homeowners, Board Members, and Community Association Managers.

Our services include asphalt replacement and new paving, overlays, patching, sealcoating, striping, and asphalt education for managers. Having completed numerous projects in the Coachella Valley, we understand the local weather and geological factors and how they affect the way paving is performed. When you need an honest paving company with the highest level of integrity and years of quality workmanship, you need AMS Paving.

AMS Paving was founded by Bill Hawkins in 1981, and in 2002, Liz Williams, Vice President, was added to the team after 10 years of success in the community management industry. Liz has been a committed and influential leader in CAI, serving in various capacities on numerous committees; AMS Paving has been an active supporter in multiple chapters

AMS Paving is proud to be affiliated with CAI -CV as a Titanium Level Corporate Sponsor; and as a CAI Educated Business Partner, we are committed to its success and the attainment of its goal to improve the quality of life for the

PAVE PERFORM PROTECT
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HOA Living | APRIL, 2024 26
SPONSOR

CAI-CLAC Advocacy Update

The 2024 Legislative Session is up and running at full speed. With more than 2,100 bills introduced, it’s going to be a busy year for lawmakers. CAI-CLAC will also be busy. We are sponsoring 3 bills and will have others to work on. Here’s a breakdown of our sponsored legislation:

AB 2114 by Assemblymember Irwin will add Civil Engineers to the list of those eligible to conduct balcony inspections. State law requires the initial inspections to occur by January 1, 2025, and every nine years thereafter. CAI-CLAC has heard from associations about the difficulty in finding architects or structural engineers available to do these inspections. Expanding the list to include Civil Engineers will hopefully provide a larger pool. The bill has an Urgency Clause which would allow it to take effect upon passage.

AB 2159 by Assemblymember Maienschein would authorize an association to utilize electronic balloting for elections. Twenty-seven other states offer electronic balloting as an option. We hope to make California the 28th.

AB 2460 by Assemblymember Ta seeks to clarify language in our reduced quorum legislation from last session on who is eligible to call the meeting for a reduced quorum to be utilized.

Our CAI-CLAC Task Forces are analyzing a handful of other bills that might impact associations. Stay tuned for our CAI-CLAC Calls to Action, as our sponsored bills prepare for committee hearings, by subscribing to CAI-CLAC eNews for updates at our website here.

For those who want to travel to Sacramento to make your voice heard, our 2024 Advocacy Week will be held April 2-4, Sacramento. Registration is now open so please visit the CAI-CLAC website event page and sign up. You can also join us for the CAI-CLAC Virtual Town Hall: Preparing for Advocacy Week, where you will hear the latest and greatest to easily and effectively participate on the legislation we are working on in 2024 for California communities.

If you haven’t already done so, you are encouraged to follow CAICLAC on Facebook, Twitter, LinkedIn and YouTube for ongoing news, resources, events and legislative action. AND, feel free to LIKE, SHARE and COMMENT on CAI-CLAC posts. This helps to spread our message and show the strength of our community.

Additional information about CAI’s CLAC may be found at www.caiclac.com.

CAI-CV.org facebook.com/CAICV @CAI-CV 27

Best Practices for HOA Maintenance

Have you ever wondered why certain common area items such as foam roofs, tile underlayment, pool decks, sidewalks, and equipment, don’t hold up to the life and valuation estimates in the reserve study? Perhaps, it’s because many boards defer maintenance, thinking that if it’s not broken, it doesn’t need fixing. Deferring the cost of maintenance often becomes more costly down the road.

During the second year in my first term as president of a self-managed condominium association, items started failing. As I was meeting with various service providers, I kept hearing a recurring message. The message was we should have been scheduling and performing the recommended servicing, cleaning, and inspection of these items. Scheduled maintenance is a preventative measure that can detect the wear and tear of parts before they cause further damage. This can save money in the long run as it can be cheaper to replace the part before it causes complete failure or damage to more expensive parts.

It is also important to consider maintenance for risk mitigation purposes. For example, schedule regular trimming of trees and bushes by walkways to avoid pedestrians being hurt, or addressing raised sidewalk cracks that are trip hazards.

One landscape maintenance recommendation that surprised us was skinning the palm trees, which appeared to have never been done before. Palm tree skinning refers to the process of removing the dead bark and fronds from

the trunk of the tree, not just cutting back the fronds. This is not just about aesthetics; skinning can also be crucial for the tree's health. Skinning palms helps to prevent pest infestations, as old bark can be a breeding ground for insects and a home for rodents. Two days before Christmas, a large palm dropped dead bark and old fronds onto the common area sidewalk, and on the patio of a homeowner. Fortunately, the homeowner had just finished having coffee on their patio and gone inside and wasn’t hurt. We’ve since walked the property and identified the palm trees and prioritized skinning for those close

to residences or areas which are a higher risk should the bark unexpectedly fall.

While you may not have the budget to address all your landscape risks right away, prioritize them by their potential for causing problems, and take care of the high-priority problems first. You should work with your arborist and landscapers to help you prioritize, because their professional experience can be helpful, and you will be meeting your duty of care by trusting the advice of professionals.

Just as you have your car serviced at regular intervals, you need to take consistent care of your buildings, amenities, and other facilities. The main point to remember is that you can extend the useful life of the common elements and safeguard the well-being of the community by spending a modest amount of time and money on regular inspections, maintenance, and repairs.

The choice is yours: Spend a few dollars today to unblock a roof drain or fix a leaky window or ignore it and spend hundreds or thousands of dollars tomorrow to undo the damage that results.

HOA Living | APRIL, 2024 28

CAI PRINT & ELECTRONIC RESOURCES FOR MAINTENANCE

Find solutions to your community association maintenance issues and keep up to date on community association trends with CAI's books, pamphlets, magazines, newsletters and more. Purchase resources in their bookstore or browse excerpts and free material in the Reading Room. CAI members can also access archived articles in the Members Only Research Library.

If you are a service provider, make CAI part of your marketing strategy through advertising opportunities in our magazine and newsletters and put your name in front of thousands of decision-makers.

BELOW ARE A FEW EXAMPLES OF AREAS THAT SHOULD BE CHECKED

SIDEWALKS

Inspect your sidewalks every twoto-three months. Replace them when enough panels are cracked to warrant hiring a contractor, or when settlement poses a safety concern. (In most cases, patching or filling isn't an option because sidewalks settle from below, and the only way to stop this is to remove the entire panel and compact the subgrade.)

TENNIS COURTS

Inspect your tennis courts prior to each playing season, evaluating the playing surface for cracks, depressions, and raising. Ongoing maintenance and repairs include:

• Reapplication of color coat. Typically completed every five years, this consists of the application of a two or three coat acrylic emulsion seal over the tennis court, followed by the reapplication of line markings.

• Resurfacing (completed every 15 to 20 years) usually involves milling one to 1.5 inches of the tennis court, removing failed subgrade, and overlaying the court with a new surface.

SWIMMING POOLS

As with tennis courts, plan on inspecting your swimming pool before the start of the season. Be on the lookout for loose or broken coping stones and waterline tiles, deterioration of the whitecoat, and corrosion or inoperability of pump and filtration equipment. Typical maintenance and repairs include:

• Reapplication of whitecoat. To help waterproof and protect your pool, apply a marcite whitecoat over the interior portions that are typically filled with water. You should do these every seven years or more frequently if you leave your pool uncovered during the off-season.

• Waterline tile, coping stones, and related sealants. To reduce labor costs, plan on replacing cracked or stained waterline tiles, resetting loose coping stones, replacing broken or chipped coping stones, and replacing sealants at the same time you reapply the whitecoat.

• Pump and filtration equipment. Check the general pump and filtration assemblies for leaks and damage at the start of each season. Then, at the end of each season, have a qualified contractor service your pumps, a vital, life-extending practice that helps ensure their reliability.

HVAC SYSTEMS

Maintenance and repairs for heating, ventilation, and air-conditioning systems. Overhaul your air conditioners every 10 years. This should include repairing controls and replacing the supply fan and bearings, compressor unit, condenser fan, condenser fan bearings and motor, heater igniter, and refrigerant.

BOTTOM LINE

Deferring maintenance is NOT a best practice. Instead, maintaining your community with regular inspections and repairs will help you maintain a safe community and save costs in the long run. Rely on your trusted professionals to help you prioritize your maintenance schedule, so you can keep risks to a minimum.

David Scott is President of Ranch Club Palm Estates HOA and has served on several other community association boards. He is also the Chair of CAI-CV’s Homeowners Leader Committee. David may be reached at dscott2763@aol.com.

CAI-CV.org facebook.com/CAICV @CAI-CV 29

CAI-CLAC IS BACK AT THE CAPITOL in 2024!

TUESDAY, APRIL 2 – IN PERSON

1:00 p.m. Registration and Welcome to Sacramento Networking Grand Sheraton Sacramento 3rd Floor

3:00 p.m. Opening Session | Bill Briefing

ADVOCACY WEEK 2024 with CAI-CLAC

April 2-4, 2024 | Sacramento

CAI-CLAC’s Advocacy Week 2024 is in-person and back at the Capitol in Sacramento!

Join us to help educate legislators, seek support for specific bills and connect with your industry peers.

For those unable to attend in person, connect with us via Zoom for Virtual Bill Briefing and Legislative Meetings on Wednesday, April 3, 2024. Zoom registration closes on March 29, 2024.

CONNECT AT CAI-CLAC ADVOCACY WEEK 2024 AT THE CAPITOL!

REGISTRATION FEES (IN PERSON ATTENDEES)

Business Partner Members

Early Bird $99 | After 2/29 $129

Manager Members

Early Bird $89 | After 2/29 $119

Homeowner Leaders

Early Bird $49 | After 2/29 $79

4:30 –

5:30 p.m. CAI-CLAC 2023 Volunteer Recognition Awards and Champagne Toast

WEDNESDAY, APRIL 3 IN PERSON

8:00 a.m. Registration Breakfast & Networking

9:30 a.m. Group Picture on the Capitol Steps

9:45 a.m. - Legislative Meetings

4:30 p.m. at the Capitol

11:30 a.m. - Lunch at Gold Rush Grille 1:00 p.m.

VIRTUAL LEGISLATIVE MEETINGS VIA ZOOM – Pre-Registration Required

12:00 p.m. Virtual Bill Briefing

1:00 –4:00 p.m. Virtual Legislative Meetings

Corks for CLAC | Grand Sheraton Sacramento

Hosted by: CAI California North Chapter Register for this event: www.caicanorth.org

THURSDAY, APRIL 4 – IN PERSON

REGISTER TO ATTEND IN PERSON

https://bit.ly/AWCLAC

Scholarships for manager and homeowner/board member attendees are available (CAI members only). To apply, fill out an application here. REGISTER FOR ZOOM SESSION ONLY

https://bit.ly/CAICLAC2024

Early Bird discount ends February 29, 2024, 5:00 p.m. PST

or

8:30 a.m. Registration Breakfast & Networking

9: 00 a.m. Debrief with CAI-CLAC Advocate Louie Brown Grand Prize Drawing

10:00 a.m. CAI National Update presented by Dawn Bauman, Chief Strategy Officer; CAI National & Executive Director, Foundation for Community Association Research

11:30 a.m. Closing & Depart

Thank you for joining us!

Register
learn more at caiclac.com
HOA Living | APRIL, 2024 30
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CAI-CV and City of Indio HOA Workshop

The City of Indio and the Coachella Valley Community Associations Institute (CAI-CV) partnered again for the second annual Indio HOA Workshop for Indio homeowner association (HOA) members. The workshop was to help HOA leaders understand their leadership roles and to navigate jurisdiction of City of Indio issues and enforcement versus HOA issues.

Sun City Shadow Hills provided the Santa Rosa Clubhouse classrooms on Saturday morning, March 9th, along with a tech team, and some great breakfast burritos. The workshop’s goal was to promote best practices that included the overview of HOA topics such as CC&R enforcement, liability, state regulations of HOAs, city regulations, and common procedures in an HOA. A light lunch was provided by Hotwire Communications following the meeting. Nearly 50 people attended, and NBC KMIR News covered the meeting on the evening news.

Sponsors of the workshop included Associa Desert Resort Management, the law offices of Fiore Racobs & Powers, A PLC, and Fision by Hotwire Communications.

Emcee Steven Shuey, PCAM and member of CAI-CV commented about his 40 years’ experience in the homeowner association industry. He introduced Indio City Council Member (District #2) Glenn Miller, and Indio Mayor Lupe

Ramos Amith (Council District #5) who both welcomed everyone. They emphasized the importance of HOAs to the city and the importance of having knowledgeable HOA leaders in each community.

The workshop started with CAI-CV Executive Director, Cal Lockett, giving an industry overview. He covered the overall size of the HOA industry in the United States, California, and the Coachella Valley, along with the increased fiduciary duties HOAs are facing. He offered an overview of CAI educational opportunities for HOA leaders, and provided a brief overview of what the future may hold for associations.

CAI-CV Board President Julie Balbini, Esq., shareholder and manager of the Coachella Valley Office of Fiore Racobs & Powers, A PLC, gave a presentation on association board member duties, liabilities, and the standards required of an association by California statutes.

CAI-CV Director Mark Dodge, CMCA, AMS, President & CEO, Associa Desert Resort Management, shared a management perspective of an HOA and the advantages of using professional management to assist the HOA leaders meet their fiduciary duties.

CAI-CV Director Mike Traidman, President at Mira Vista at Mission Hills HOA, spoke about the duties of HOA board

HOA Living | APRIL, 2024 32

members. He recommended a board should do what is right for all the homeowners, and to avoid personal agendas. He offered information about how CAI membership provides networking with other HOA leaders.

Indio’s Assistant Police Chief Brian Tully shared some Indio crime statistics. In addition, he said his department can send a staff person to speak to an HOA about tips and tools to use for safety within an HOA community.

City Code Enforcement Manager Jason Anderson explained his team can respond to complaings and investigate them but cannot enforce CC&Rs. Inspections are narrow in scope and sometimes require a warrant because they are on private property. He explained the City’s new short-term rental requirements that work in conjunction with the various HOA rules.

Indio’s Director of Community Development Kevin Snyder provided an update of his department and issues between HOA and city approvals for building. He pointed out that his department cannot delay the process of issuing city approvals for a building permit to accommodate an HOA that wants approval first, nor can they enforce the HOA’s CC&Rs.

The workshop was developed after Indio City staff commented that they receive calls at City Hall regularly from HOA members regarding issues within their association. In most cases, they tell the caller to contact their association, since many of the issues are not under the city’s jurisdiction. The workshop goal is to help not just leaders but anyone living in an HOA to better understand the HOA’s jurisdiction and what jurisdiction, if any, the city may have within an HOA.

At the end of the workshop, there was a question-and-answer period. Attendees also commented on evaluation forms. Most felt the workshop was outstanding and would like to see additional workshops in the future.

For those unable to attend, they can find a video of the workshop on YouTube at this link: https:// youtu.be/YL9zGMpX2UA?si=KUnOFt6QbuKnir0V

Bruce Latta CMCA, CFE, is a Parc La Quinta Homeowners Association member, where he served on the board for four years, two years as president. He is a member of the CAI-CV Board of Directors and Chair of the Desert Cities HOA Council. He is the Property Manager for Indio Properties Land Development. He can be reached at PLQHOABLatta@gmail or (760) 285-5617.

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MEET THE MANAGEMENT COMPANIES

Friday, March 22, 2024 | The Classic Club

CAI-CV AND CITY OF INDIO HOA WORKSHOP

CAI-CV’s Business Partner Committee hosted their annual “Meet the Management Companies” event on Friday, March 22nd at The Classic Club in Palm Desert to introduce the Valley’s management companies to unmanaged HOAs, and to businesses interested in getting involved in the HOA industry. More than 140 people attended. HOA board members attended free of charge, and the first 50 to arrive received $10 cash. All who attended received a free drink ticket, and tickets to participate in the door prize giveaway, and the grand prize drawing. Allied Universal donated two VIP tickets to the June 1st Sarah McLachlan concert at Acrisure Arena. Our sincere thanks to our outstanding management companies, and all of our sponsors who made this event possible.

TITLE SPONSOR

THANK YOU TO OUR SPONSORS

MANAGEMENT COMPANY SPONSORS

Albert Management

Associa Desert Resort Management

FirstService Residential

Manhattan Pacific Management

Powerstone Property Management

Premier Community Association Management

RealManage

The Management Trust

Vintage Group

Whitestar Management

GRAND PRIZE SPONSORS

Allied Universal Security Services

Banc of California

C.L. Sigler & Associates, Inc.

GREETING SPONSOR

Golden Alliance Insurance Agency

BAR SPONSORS

Fiore Racobs & Powers, A PLC

Harvest Landscape

Vantage Point Construction

FOOD SPONSORS

Conserve LandCare

Delphi Law Group

First Citizens Bank

Hotwire Communications

Precision Construction & Painting

Seabreeze Management

REGISTRATION SPONSOR

NLB Consulting

CLAC SPONSOR

Vantage Point Construction

HOA Living | APRIL, 2024 34
MEET THE MANAGEMENT COMPANIES FRIDAY, MARCH 22ND, THE CLASSIC CLUB CAI-CV.org facebook.com/CAICV @CAI-CV 35
CAI-CV

Managing Insurance Claims

Insurance claims can be tricky to deal with and navigate as a manager or as an affected homeowner. Luckily, a lot of the frustration can be settled by better understanding the claims process and the role each person plays in the process. Before I dive deeper into roles and responsibilities, I would like to make the following disclaimer:

All claims are unique and adjusted accordingly. This article is intended to give you a general overview of the processes and procedures, so our readers better understand the process as a whole.

If you are a homeowner, your responsibility is to contact the manager of your community. Your job at this point is to provide the manager with as much

advise them that X, Y and Z happened on a specific date.

"Depending on the type and/or nature of the loss, you should also consider reaching out to your personal insurance carrier to put them on notice."

information as you can. Depending on the type and/or nature of the loss, you should also consider reaching out to your personal insurance carrier to put them on notice.

Once managers have collected as much information as possible, you should inform your board of directors about the situation and put your insurance agent or broker on notice to simply

After you consult with the board you should have a fairly good idea of your path forward and you will either be instructed to file a claim or not. This decision will boil down to how much damage was done, what the community’s deductible is, and what your governing documents state. Please remember that in most cases, the association’s insurance policy should cover all covered perils regardless of who is at fault, however your CC&Rs may state otherwise, which is why it is important to do a little research before you file a claim. It is also important to remember that filing a claim does reflect on you claims history forever. If you have a $5,000 deductible and a claim for approximately $6,000, I urge you to reconsider filing. Having multiple claims on your history may very well end up being more costly in the long run due to increased premiums due to claim frequency.

Managers, if you are instructed to file a claim on behalf of the association, it is important to know that you are the quarterback. You are the central hub for all communications. Your agent or broker will inform the insurance company of the loss on your behalf. The insurance company will then appoint an adjuster to investigate the claim further.

It is also important to remember that as a manager, you are the association’s delegate, all things pertaining to the association are run through you. So, as a manager your only true role in a claim is to quarterback and pass along information to make sure everyone is in the loop. You will be receiving information and fielding questions from the insurance adjuster and the affected homeowner(s). Depending on the size of the claim, this could include a lot of communications, so stay diligent and organized.

Homeowners, please trust and rely on your community manager to oversee this for you and do not shoot the messenger! Managers are just the messenger in an insurance claim. Please remember that if a claim is filed on the association’s insurance policy, it is the association’s policy. Meaning that the community manager (more often than not) is going to be the primary contact for the insurance company and adjuster.

To summarize, the moral of the story is this… just communicate. Everyone wants the same thing, to be made whole after a loss. The easiest way to do that is with effective communication.

John Schuknecht CMCA, AMS is an Account Executive with LaBarre/Oksnee Insurance Agency. John can be reached at (657) 207-4789 or by email at JohnS@ hoa-insurance.com.

HOA Living | APRIL, 2024 36

APRIL

CAI-CV 2024 CALENDAR

Tu-Th 2-4 CLAC Legislative Days in Sacramento Sacramento

Tuesday 9 BMW, 8:30 A.M. Board Bootcamp Zoom

Friday 19 Lunch Program, 11:15 A.M. Sun City Palm Desert

Tuesday 23 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

MAY

JUNE

Friday 3 Spring Golf Tournament, 7:30 A.M. Sun City Palm Desert

WE - SA 8-11 CAI National Conference Las Vegas

Friday 17 Lunch Program, 11:15 A.M. Sun City Palm Desert

Tuesday 21 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

Monday 27 Memorial Day Office Closed

Friday 7 Annual Comedy Night, 5:30 P.M. Sun City Palm Desert

Wednesday 19 Juneteenth Day Optional Holiday

Friday 21 Breakfast Program, TBD Sun City Palm Desert

Tuesday 25 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

JULY

TH - FR 4-5 Independence Day Office Closed

Friday 12 Annual Bowling Tournament, 5:30 P.M. Palm Springs Lanes

Tuesday 23 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

Friday 26 CAMDAY, 9 A.M. - 5 P.M. Sun City Palm Desert

AUGUST

Tuesday 20 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom (Optional)

Friday 23 Strategic Planning, 9 A.M. - 1 P.M. RAP Conference Center

SEPTEMBER

Monday 2 Labor Day Office Closed

Friday 20 Lunch Program, 11:15 A.M. Sun City Palm Desert

Tuesday 24 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

OCTOBER

Tuesday 8 BMW, 8:30 A.M. Zoom

Monday 14 Columbus Day Office Closed

Friday 18 Breakfast Program, TBD Sun City Palm Desert

Tuesday 22 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

Friday 25 Oktoberfest Sunshine Landscape

NOVEMBER

Friday 15 Lunch Program - Leg. Update, 11:00 A.M. Sun City Palm Desert

Tuesday 19 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

Friday 22 Fall Golf Event, 1:30 PM Shadow Mountain Golf Club

TH - FR 28-29 Thanksgiving Office Closed

DECEMBER

Friday 6 Annual Wine & Spirit Tasting Shields Date Garden

Friday 6 BMW/MOTR Shields Theater

Tuesday 17 Strat. Planning 2:30 P.M., Board 3:30 P.M. Zoom

TU - WE 24-25 Christmas Holiday Office Closed

Tuesday 31 New Year's Eve Office Closed

JANUARY 2025

Friday 31 Annual Awards Event, 5:30 P.M. TBD

WELCOME ABOARD

Welcome aboard, Sanchez Landscape! Sanchez Landscape is a family-owned company that was founded in the mid 1990’s here in the Coachella Valley. Since its inception, Sanchez Landscape has served homeowners associations throughout the valley, slowly growing their business by old-fashioned word-of-mouth advertising. Now servicing over 30 associations with a staff of 80, Sanchez Landscape is excited to build on their reputation by creating working relationships with members of the Coachella Valley Chapter of CAI.

Sanchez Landscape is involved in the International Society of Arboriculture and holds an ISA Certified Arborist License. Annual seminars are attended to ensure that they are on top of any changes, updates, and trends pertaining to industry standards. They also hold a Pesticide Regulation License, a Water Management Certificate through Coachella Valley Water District, an Overseeding Certification from Coachella Valley Association of Governments, a NATEC Asbestos Operation and Maintenance Certification, and California State Contractors Licensing C-27 (Landscape Contractor), D-49 (Tree Service), and C-33 (Painting and Decorating Contractor).

With a passion for landscape design of any style, including drought tolerant desertscapes, Sanchez Landscape offers clients digital three-dimensional mockups of proposed designs so the community can see what the plans will look like before a shovel touches the ground.

Jeff and Marcelo Sanchez are the primary contacts for Sanchez Landscape. Jeff attended Cathedral City High School and College of the Desert and now serves as the Vice President of the company, and Marcelo is the Director of Operations. Jeff’s hobbies include playing softball at Big League Dreams, riding his Harley motorcycle on the weekends, and spending time with his wife and children.

You may contact Jeff and Marcelo at:

Sanchez Landscape Inc.

69030 Aliso Road

Cathedral City, CA 92234

(760) 272-7292

(760) 969-9000

sanchezinc4@aol.com

Meaghan Gaffney-Howe, CMCA, AMS is a community manager and Vice President of The Gaffney Group, Inc. Meaghan can be reached at meaghan@thegaffneygroup.net.

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COACHELLA VALLEY: (760) 469-3048 SF BAY AREA: (408) 922-0262 EMAIL US: inquiry@siglercm.com Visit www.Siglercm.com to see our project gallery and watch our informational video: Click here for our Informational regarding Construction Consulting in Common Interest Developments that was broadcast on Dennis Quaid’s “Viewpoint Project”: CONSTRUCTION MANAGEMENT CONSULTING SPECIALIZING IN HOAs SINCE 2001 We do it all, consulting from your roof down to your foundation! COACHELLA VALLEY’S RESOURCE FOR SB 326 INSPECTIONS! Gloria Kirkwood, PCAM | Sharron Badham, CCAM (760) 262-7715 | info@aps-elections.com ASSOCIATION PROFESSIONAL SERVICES Serving All of Your HOA Election Needs Your source for Association Election Solutions JOIN THE HOA LIVING MAGAZINE COMMITTEE HOALiving@cai-cv.org | (760) 341-0559 LIKE & FOLLOW US ON Facebook and Instagram HELP US RAISE OUR VIRTUAL PROFILE FB @caicv IG @cai-cv Like & Follow Us Find Us: Make Comments Share with Others @ CAI-CV.org facebook.com/CAICV @CAI-CV 39

CAI-CV UPCOMING EVENTS – SCAN QR OR CLICK TO SIGN UP

APRIL

CAI’s CLAC LEGISLATIVE DAYS IN SACRAMENTO

WHEN: Tuesday-Thursday, April 2-4, 2024

WHERE: California Capitol, Grand Sheraton Sacramento –In Person or Zoom

REGISTRATION:

CAI-CV’s BOARD BOOT CAMP BOARD MEMBER DUTIES & ROLES

WHEN: Tuesday, April 9, 2024, 8:30 a.m.

WHERE: Zoom

REGISTRATION:

SPONSOSRSHIPS:

CAI-CV’s EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW

TOPIC: RULES ENFORCEMENT A-Z

WHEN: Friday, April 19, 2024, 11:15 a.m.

WHERE: Sun City Palm Desert

REGISTRATION:

SPONSORSHIPS:

MAY

CAI-CV’s

HOLES

WHEN: Friday, May 3, 2024

WHERE: Sun City Palm Desert, Santa Rosa Course

REGISTRATION (LUNCH ONLY):

MANAGERS PLAY FREE GOLF & SPONSORSHIPS:

CAI’s NATIONAL CONFERENCE

WHEN: Wednesday-Saturday, May 8-11, 2024

WHERE: Las Vegas – Caesars Palace

REGISTER:

CAI-CV EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW

TOPIC: Restating Governing Documents

WHEN: Friday, May 17, 2024, 11:15 a.m.

WHERE: Sun City Palm Desert

REGISTRATION:

SPONSORSHIPS:

49950 Jefferson Street, Suite 130-117 Indio, CA 92201
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