Community Insider Magazine - A CAI San Diego Publication

T H E P R E M I E R R E S O U R C E F O R C O M M U N I T Y A S S O C I AT I O N S

SPRING 2025 A Publication of CAI San Diego

O N T H E C OV E R

Proform Interiors PAG E 1 2

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CAI SAN DIEGO 2025 MARKETING PLAN SPONSORS

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CA LICENSE # 0I18113

CA LICENSE # 0C84283

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SERVICE

Pacific Backflow

619 Roofing Agricultural Pest Control Services Antis Roofing & Waterproofing Associa N.N. Jaeschke Black Diamond Paving Choice Management Solutions, Inc. Community Legal Advisors, Inc. Delphi Law Group, LLP Dunn Edwards Corporation

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AD Magellan Allied Trustee Services The Arbor Group Association Reserves Bemus Landscape Ben’s Asphalt, Inc. Berding Weil Bergeman Group Construction Management BrightView Tree Care Eagle Paving Fiore Racobs & Powers, A PLC First Citizens Bank Goldstar Asphalt Products Guard-Systems, Inc. Harvest Landscape Horizon Lighting Kriger & Schuber LaBahn’s Landscaping Life Specialty Coatings McKenzie Mena, LLP Modern Masters Painting Monarch Landscape Companies The Naumann Law Firm, PC

Enterprise Coatings, Inc. GuardTop, by Sustainable Emulsions LandscapesUSA Life Deck Coating Installations Mason Construction Mt. Helix Pest & Termite Control Pacific Green Landscape, Inc. Patioshoppers Pride Plumbing, Inc.

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Nautilus General Contractors Nissho of California, Inc. NPG Asphalt Pacific Standard Plumbing Parking Squad Premier Roofing California PrimeCo Rayco Exteriors RealManage Ross Construction Management RSI Roofing S.B.S. Lien Services SavATree, LLC SAX Insurance Agency The Secret Ballot SERVPRO of San Diego City SW SERVPRO of Sorrento Valley Smartstreet powered by Banc of California Tinnelly Law Group Tree Life CA

Primus Paint Worx, Inc. Pro Star Mechanical SCT Reserve Consultants Soundproof San Diego Southern Cross Property Consultants Trash Day Can Carriers Vista Paint Corporation Westlake Royal Roofing WM of San Diego

The official quarterly publication of CAI San Diego 2025 CAI SAN DIEGO BOARD OF DIRECTORS PRESIDENT Susan Hawks McClintic, Esq., CCAL Epsten, APC PRESIDENT ELECT Amanda Francis, CCAM-LS Renaissance Owners Association VICE PRESIDENT Tim Flanagan, Esq. Flanagan Law, APC TREASURER Liron Shalom-Hickey SERVPRO of Sorrento Valley BOARD DIRECTORS Sharon Deal Vista Canada Estates Amber Korody Choice Management Solutions Bridgette Tabor LaBaree/Oksnee Insurance Rei Takeda Normal Heights Community Association Heather Wiltshire, CCAM, CMCA, AMS, PCAM N.N. Jaeschke, Inc. - An Associa Company EXECUTIVE DIRECTOR Carissa Mace executivedirector@cai-sd.org COMMUNITY INSIDER PUBLICATIONS COMMITTEE CHAIR Carrie Heieck, Esq. Tinnelly Law Group, APC VICE CHAIR Rhonda Goldblatt, Esq. Epsten, APC Rei Takeda Normal Heights Community Association Johanna Deleissegues, Esq. Adams I Stirling, PLC Jordan Farmer, Esq. Flanagan Law, APC Jeffrey French, Esq. Green Bryant & French, LP Alma Galindo, CMCA, AMS Prescott Management Elaine Gower The Naumann Law Firm, PC

Brian Kalmenson, CIRMS Gemini Insurance Agency, Inc. Tyler Kerns, Esq Kriger Law Firm Kimberly Lilley, CIRMS, CMCA, EBP Berg Insurance Agency (In partnership with LaBarre Oksnee Insurance) Jocelyn Luna Prescott Management Anja Potenza Brightview Landscaping Kumar Raja, Esq. Beaumont Tashjian Shannon Smith AD Magellan Emily Whittemore, PCAM FirstService Residential

DESIGN & PRODUCTION REY ADVERTISING & DESIGN Editorial and advertisements represent the opinions of the authors and advertisers and not necessarily the opinion of Community Insider Magazine or CAI San Diego. Information contained herein should not be construed as a recommendation for any course of action regarding financial, legal, real estate, accounting or other professional services and should not be relied upon without consulting legal counsel, financial and accounting professionals, or other expert business advisors.

CAI San Diego Chapter encourages submission of news and articles, subject to space limitations and editing. All articles submitted for publication become the property of the CAI San Diego Chapter. Non-commercial reproduction of published articles or columns permitted with the following requirement of acknowledgement “Reprinted with permission from Community Insider Magazine, a publication of CAI San Diego.”

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The new year is here and off to a great start. The Neon Nights Awards Gala was a

“glowing” success! A big thank you to everyone who organized the Gala and created a fun celebration for CAI San Diego!

Congratulations also to everyone who was nominated for an award and to those who took home a trophy (see page 18). Your contributions to CAI San Diego are appreciated! I'm looking forward to building on our successes and growing our community in 2025.

I have two primary goals for our chapter in 2025. My first goal is to continue our Susan Hawks McClintic, Esq., CCAL chapter's growth by creating 2025 Chapter President a welcoming environment at our events. If you are new to CAI San Diego, haven't attended any in-person events lately, or just feel a little awkward about attending an event, let us know. We’re happy to connect you with another member at the event. We want everyone to feel welcome!

My second goal is to continue to provide exceptional educational opportunities to managers and homeowners.

Through education, we will continue to elevate the effectiveness and value of our chapter members in their various roles in community associations.

Thank you for your continued support and participation in CAI San Diego!

Best Regards,

Susan Hawks McClintic, Esq., CCAL Epsten, APC

© 2025 CAI San Diego Chapter, all rights reserved.

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In this issue 9 Lead with Purpose: Transforming HOA Leadership Through Conscious Practices

14 California Has Finally Opted-In to Electronic Voting

By Kurtis Peterson, CMCA

By Shannon Smith

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Working in Partnership with Your Community Manager

Roof Rat Prevention & Control

By David Hinrichs

By Julie Russo, CCAM-ND

PROFORM INTERIORS: n A Foundatio of Trust and Excellence

s secure propertie Board-up services in the professionalism. peace of mind damage, offering against further ed events. is an aftermath of unexpect Services, ProForm For HOA Building repairs, leak Common area an invaluable partner. are handled with restoration projects and spaces. , of shared detection of the unique dynamics of a building or understanding appeal g the aesthetic ns to Whether preservin with associatio lity, ProForm works al areas. ensuring functiona of these commun ction maintain the integrity ing and Constru s General Contract meticulou by s at ProForm is marked Construction Service Management coordination. of Comprehensive run to detail and seamless an expansive suite projects offers attention s ent ensures that ProForm Interiors unique challenge addressing the Construction managem skilled carpentry construction services, start to finish, while high-rise projects. beyond smoothly from commercial, and elevate each project of residential, cy services, general management and interior finishing spanning emergen effective project With expertise is committed to delivers expectations. Through renovations, ProForm ProForm team oversight, the contracting, and to each client. and comprehensive solutions tailored s and to the highest ne of ProForm’ delivering quality within budget, are a cornersto results on time, the Emergency Services s. e action is required, l projects standard immediat Remode When Flood ion and operations. and efficiency.

Interior Renovat with precision l and inspiring into team responds spaces into functiona issues from spiraling transform small g damage or mitigation prevents Whether addressin ion ensures safety environments.

Mold remediat combines creativity areas, ProForm extensive damage. drug room clean-up outdated and g em revitalizin postmort and and health, while with sensitivity to a usable state restores spaces

r Reid Schneide Jimmy Pettit and , or over a decade, n for reliability ed a reputatio have establish ut San Diego and trust througho yet craftsmanship, Interiors is a simple heart of ProForm with County. At the relationships – philosophy: prioritize will follow. transformative – and success es, and partners making project, clients, employe is evident in every it’s ion company; This guiding principle more than a construct ProForm Interiors need. every building a trusted ally for

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Welcome to the Wild Wild West – Community Associations & Social Media

ip expect a partnersh gh, clients can the final walkthrou and genuine care. by transparency by a characterized complemented n to service is This dedicatio g emerging approach. By embracin forward-looking , ProForm sustainable practices technologies and solutions are not ensuring that its innovate, to s. continues entally consciou also environm s, only effective but private residence t high-rises to From prominen mark on San Diego’s has left a lasting ProForm Interiors reflects the e. Each project the architectural landscap to quality, from ng dedication company’s unwaveri design. to the grandest not just smallest detail success is measured forged ips At ProForm Interiors, relationsh s built but by the ship, and by the structure trust, craftsman It’s a legacy of along the way. the company’s continues to shape ng to excellence that . Whether respondi challenge new ing every approach to spaces, or transform – revitalizing shared emergencies, results that endure Interiors delivers trust. interiors, ProForm are a name clients again why they proving time and

OVER ON THE C

By Rhonda J. Goldblatt, Esq.

that meet the client’s to achieve results with practicality ons. their expectati vision and exceed

s: A High-Rise Re-Pipe

se Critical Experti

s few companie to high-rise re-pipes, When it comes Interiors’ can rival ProForm in San Diego County projects demand experience. These ship to ensure expertise and , and skilled craftsman we’ve precision, efficiency execution – a specialty timely and seamless d work. dedicate of where rehoned over years approach the age As many buildings a trusted partner essential, choosing piping becomes s technical Interiors combine d with is critical. ProForm staffing combine in-house field mastery, 100% us the top choice approach, making a coordinated protect your Let us help you for high-rise re-pipes. for years to come. and functionality integrity building’s

A Commitment

ction Beyond Constru

excellence commitment to ProForm Interiors’ of construction. the technical aspects ity extends beyond as an opportun views every project The company communication, ips based on trust, to build relationsh consultation to From the initial and mutual respect.

s.com

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nding to Whether respo revitalizing shared emergencies, rs, orming interio spaces, or transf s rs delivers result Interio rm ProFo and again proving time that endure – trust. a name clients why they are SPRING 202

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ON THE COVER Proform Interiors: A Foundation of Trust & Excellence

32 Three Empowering Self-Nurturing Practices to Create Balance

By Kelley Grimes, MSW

Departments

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Weevils Wobble But They Don’t Fall Down

Changes to Workplace Safety & Harassment Laws

By Anja Potenza & Michael Lockwood

By Elizabeth A. French, Esq.

3 10 15 18 28 29 37

President’s Message

38 39

Holiday Mixer & Trade Show

New & Renewing Members New Professional Designations Neon Nights Annual Awards Highlights 2025 Kick-Off Breakfast Recap Fall Festival Highlights November 7 Trade Show & Luncheon Highlights Community Outreach Holiday Supply Drive

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WORKING IN

WITH YOUR COMMUNITY MANAGER

By Julie Russo, CCAM-ND

T

here is much to be gained from contracting with the experience and expertise of a professional management company. If the board acts as a “city council,” then management represents the “city manager.” Management’s role is essentially to advise and, more importantly, to implement the board’s directives.

Management consults with the board based upon its experience and knowledge of the industry, and then acts to implement the board’s business decisions and policies, by supervising sub-contractors, channeling all board and association communications, and solving problems. To aid

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with the process, the following are some basic elements of the management/board relationship:

Nature of an Association

Your community is a California Nonprofit Mutual Benefit Corporation and, as such, is a corporation that is managed/administered by the board of directors. It is not a democracy because the board of directors, not the Members or management, make the business decisions of the corporation. The board cannot delegate responsibility to Members by taking votes or polls on issues, although remaining sensitive to the community’s feelings is important for any successful board of directors. The board could successfully be sued for delegating its business decision-making duties to the Members.

Understanding Your Role as a Director

If your association is incorporated it is registered with the State of California and the Franchise Tax Board. As duly elected members of the corporation’s governing body (the board of directors), board members have a legal responsibility to conduct business in accordance with state law and the association’s governing documents. They have a fiduciary duty (based on trust) to the members to always act in the best interest of the association. The members trust that board members will make informed decisions on their behalf and avoid personal or professional conflicts of interest.

Duties of the Board of Directors

Each board member is elected to serve on the board as an individual and as a member of the board acting as a group that makes decisions, sets policy, and accomplishes the association’s goals and objectives.

The board should focus on policy and governance, while allowing management to focus on implementing the board’s policies and business decisions. Partnering with management, the board’s responsibilities include: • Enforcing the provisions of your association’s governing documents; • Maintaining the appearance and safety of common areas by contracting for services (i.e. professional management, utilities, trash removal, landscaping, etc.);

• Ensuring that adequate and appropriate insurance policies and bonds have been procured to cover losses to property and claims of liability by third parties; • Adopting a budget by determining the annual assessment for each lot and notifying the membership prior to the beginning of each fiscal year as may be required by the governing documents and statute; • Overseeing the financial aspects of your association, including regular review of the association’s assets, income and expenses, and reserve account status; • Diligently collecting assessments from the membership, and pursuing past due accounts to the fullest extent permitted by your documents and statute; • Engaging an annual review or audit of the association’s financial condition for distribution to the membership at fiscal year-end; • Filing income tax returns and paying appropriate city, state and federal taxes; • Conducting regular board meetings as prescribed by the bylaws and by necessity; and • Generally, acting for and in the best interest of your association and its Members and avoiding conflicts of interest

Fulfilling Board Duties

At the first board of directors meeting (usually held immediately after the Annual Election Meeting), the first order of business will be to elect officers. The association membership elects directors, and the directors appoint or elect officers. Board member responsibilities at board meetings include: • The duty to read the board packets and be informed on all issues before the meeting.

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Working in Partnership...

Continued from page 7

• Arrive on time or notify management of a planned absence.

• Make motions and/or vote on all motions.

• Make reasonable inquiries into issues regarding the association.

• Obtain competitive bids.

• Make new policies that are tailored to your association’s needs and enforce those policies.

• During a board member’s term, the board director will make decisions that affect every person living and owning property in the association, which includes potentially hundreds of people. In addition, board members are in control of property, common areas and buildings that may be worth millions of dollars.

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Business Judgment Rule

Under the Business Judgment Rule, Courts will uphold board decisions if the board acts on an informed basis, in good faith and with the honest belief that the action was in the association’s best interest. If board members do not know the answers, they may reasonably rely on the advice of experts. If the Business Judgment Rule is followed, the individual director/board should not be personally liable for a mistake made in good faith that is intended to be for the benefit of the association. The person challenging the decision has the burden to show that the decision involved a conflict of interest, was made in bad faith, or without the required degree of care.

It is important to reiterate that the board of directors is responsible for managing the association. It may delegate management functions and

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certain corporate powers to others, but its acts are under the board’s ultimate control and direction. It is essential that boards partner with a professional management company, and rely on the expertise, guidance, and leadership of experienced community managers to ensure that the association is functioning as a legal corporation in good standing and in good faith.

Julie Russo, CCAMND, is Vice President of Community Management at Professional Community Management – An Associa Company.

She can be reached at julie.russo@associa.us.

By Shannon Smith

Lead with Purpose: Transforming HOA Leadership Through Conscious Practices

CONSCIOUS LEADERSHIP PRINCIPLES Commit to Responsibility, Not Blame One of the core principles of conscious leadership is shifting from blame to responsibility. When challenges arise—whether it’s a contentious board meeting or an unexpected maintenance issue—ask, “What role can I play in creating a solution?” This mindset fosters collaboration and sets the stage for others to take ownership of their contributions, building a more cooperative team environment.

Choose Curiosity Over Defensiveness In the HOA world, differing opinions are inevitable.

When your decisions are questioned or conflicts arise, lean into curiosity instead of becoming defensive. Ask questions to understand the other person’s perspective. This not only diffuses tension but often uncovers creative solutions that serve the greater good.

Speak Honestly and Listen Generously

W

orking in the HOA industry comes with its share of challenges. From navigating complex regulations to addressing resident concerns and managing competing priorities, it can be a tough environment in which to operate. At times, it’s easy to feel discouraged. However, this industry is also filled with passionate individuals and a wonderful network of professionals who remind us that working together as a team is often the best path forward.

Adopting conscious leadership practices, inspired by The 15 Commitments of Conscious Leadership by Jim Dethmer, Diana Chapman, and Kaley Klemp, can transform the way we lead, making our work more rewarding and our communities stronger.

By adopting conscious leadership principles, we can turn the inherent challenges of our industry into opportunities for growth and connection. Working as a team – grounded in trust, curiosity, and responsibility – benefits everyone and strengthens the communities we serve. Together, we can create a more positive and impactful experience for everyone.

Shannon Smith is Co-Founder and CEO of AD Magellan Construction Management and can be reached at shannon@admagellan.com.

Transparent and effective communication is vital in our industry. Commit to expressing your thoughts clearly and respectfully while also practicing generous listening. When others feel heard— whether they are board members, homeowners, or team members—they are more likely to trust you and work collaboratively toward shared goals.

Embrace “Above the Line” Thinking Conscious leadership encourages a mindset of openness and possibility, known as “above the line” thinking. In contrast, “below the line” thinking stems from fear and scarcity. Regularly check in with yourself: Are your actions driven by curiosity and collaboration, or by fear and control? Shifting your perspective can lead to better decisionmaking and stronger relationships.

Celebrate Your Network and Prioritize Renewal Our industry thrives on collaboration. Recognize the value of your network and lean on it for support, insights, and camaraderie. At the same time, prioritize self-care to prevent burnout.

Whether it’s taking a break, setting boundaries, or encouraging your team to recharge, renewal is key to effective leadership.

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New & Renewing Members MANAGERS Donald Bellisario MRoland Management Services Sandra Beyroutey Choice Management Solutions, Inc. Kayla Clark Strategic HOA

Hugo Munoz Action Property Management

Highland Commercial Roofing Scott Nakayama

Alison Murray, CMCA

Major League Pest Paul Wynhamer

Patricia Terry Seabreeze Management Company, Inc. Hillary Van Orden Walters Management

Vanessa Coles A.R.K. Management Group, Inc.

MANAGEMENT COMPANIES

Sara Davis Prescott Companies

PMI San Diego Luis Arce, CMCA

David Drew Prescott Companies

Property Management Consultants, Inc. Greg Grant

Cindy Erno FirstService Residential California, LLC Nicholas Eskey Seabreeze Management Company Tracy Hanson Property Management Professionals Lauren Holliman A.R.K. Management Group, Inc. Arthur Hopkins, CMCA, AMS, CIRMS Click2bind Insurance Services, LLC Kavitha Kabaleeswaran Iconic Property Management Jala Kalas Julia Kunkel FirstService Residential Seema Makwana Strategic HOA

April Thomas and Associates, Inc. April Thomas

Modern Masters Painting A.J. Bernal P.W. Stephens Environmental, Inc. Sal Busalacchi Pacific Standard Plumbing Curtis Hefner Simply Voting Inc. Brian Lack TWM Roofing Inc. Thomas Marshall

BUSINESS PARTNERS

Premier Construction Management Group Angie Ray

7X, Inc. Sosan Khalili

Surf City Pools Dalanne Zanotelli

America’s Finest Lighting and Mailbox Co. Rick Archer

Terry Group Construction Jonathan Terry

California Commercial Coatings, Inc. Heather Beck Centric Building Services, Inc. Tim Hoover Costa Roofing Ryan Roesch eXp Realty of California, Inc. David Balderas

Anali Martinez PMP Management

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Mason Reconstruction Michael Zaboth

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Wallrug DBA hoacta.app Isaac Camacho West Coast Drywall & Paint Garrett Slater

HOMEOWNERS Carlsbad Crest Homeowners Association Chris Hunkeler A.J. Romanelli

La Jolla Village Southpointe Homeowners Association Andrew Kirk Mission Playmor Jennifer Scott Palisade Gardens Community Association Brian Haghighi Kara Taylor Sea Village Owner’s Association Ken Hirata Summerfield Homeowners Association, Inc. Daniel Carr Donny Phonea Denise Shield Michael Spring Maria Stein Villa Dominique Courthome Association Bob Derman Nancy Diamond Sandra Main Mike Michaelson Laurie Wagner Debbie Wasserman Villa Maderia Property Owners Association Linda Fortney LaRay Gillison Antoinette Renfroe Villa Mar HOA Lisa Pieropan Sathish Sankaranarayanan Vee Yaneza

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ON THE COVER

PROFORM INTERIORS: A Foundation of Trust and Excellence

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or over a decade, Jimmy Pettit and Reid Schneider have established a reputation for reliability, craftsmanship, and trust throughout San Diego County. At the heart of ProForm Interiors is a simple yet transformative philosophy: prioritize relationships – with clients, employees, and partners – and success will follow.

This guiding principle is evident in every project, making ProForm Interiors more than a construction company; it’s a trusted ally for every building need.

Comprehensive Construction Services

ProForm Interiors offers an expansive suite of construction services, addressing the unique challenges of residential, commercial, and high-rise projects.

With expertise spanning emergency services, general contracting, and renovations, ProForm is committed to delivering quality solutions tailored to each client.

Emergency Services are a cornerstone of ProForm’s operations. When immediate action is required, the team responds with precision and efficiency. Flood mitigation prevents small issues from spiraling into extensive damage. Mold remediation ensures safety and health, while postmortem and drug room clean-up restores spaces to a usable state with sensitivity and 12

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professionalism. Board-up services secure properties against further damage, offering peace of mind in the aftermath of unexpected events.

For HOA Building Services, ProForm is an invaluable partner. Common area repairs, leak detection, and restoration projects are handled with an understanding of the unique dynamics of shared spaces.

Whether preserving the aesthetic appeal of a building or ensuring functionality, ProForm works with associations to maintain the integrity of these communal areas.

General Contracting and Construction Management at ProForm is marked by meticulous attention to detail and seamless coordination.

Construction management ensures that projects run smoothly from start to finish, while skilled carpentry and interior finishing elevate each project beyond expectations. Through effective project management and comprehensive oversight, the ProForm team delivers results on time, within budget, and to the highest standards.

Interior Renovation and Remodel projects transform spaces into functional and inspiring environments. Whether addressing damage or revitalizing outdated areas, ProForm combines creativity

the final walkthrough, clients can expect a partnership characterized by transparency and genuine care.

This dedication to service is complemented by a forward-looking approach. By embracing emerging technologies and sustainable practices, ProForm continues to innovate, ensuring that its solutions are not only effective but also environmentally conscious.

From prominent high-rises to private residences, ProForm Interiors has left a lasting mark on San Diego’s architectural landscape. Each project reflects the company’s unwavering dedication to quality, from the smallest detail to the grandest design.

At ProForm Interiors, success is measured not just by the structures built but by the relationships forged along the way. It’s a legacy of trust, craftsmanship, and excellence that continues to shape the company’s approach to every new challenge. Whether responding to emergencies, revitalizing shared spaces, or transforming interiors, ProForm Interiors delivers results that endure – proving time and again why they are a name clients trust.

with practicality to achieve results that meet the client’s vision and exceed their expectations.

High-Rise Re-Pipes: A Critical Expertise

When it comes to high-rise re-pipes, few companies in San Diego County can rival ProForm Interiors’ expertise and experience. These projects demand precision, efficiency, and skilled craftsmanship to ensure timely and seamless execution – a specialty we’ve honed over years of dedicated work.

As many buildings approach the age where repiping becomes essential, choosing a trusted partner is critical. ProForm Interiors combines technical mastery, 100% in-house field staffing combined with a coordinated approach, making us the top choice for high-rise re-pipes. Let us help you protect your building’s integrity and functionality for years to come.

A Commitment Beyond Construction

ProForm Interiors’ commitment to excellence extends beyond the technical aspects of construction.

The company views every project as an opportunity to build relationships based on trust, communication, and mutual respect. From the initial consultation to

proforminteriors.com

Whether responding to emergencies, revitalizing shared spaces, or transforming interiors, ProForm Interiors delivers results that endure – proving time and again why they are a name clients trust.

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By Kurtis Peterson, CMCA

CALIFORNIA HAS FINALLY OPTED-IN TO ELECTRONIC VOTING

Online voting has been a long time coming in California.

Although California common interest developments can now take advantage of this voting method with the signing of Assembly Bill 2159 (AB 2159) into law, there are ambiguities in the new law and many new legal requirements that must be met.

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AB 2159 provides that associations may allow their inspector of elections to conduct an election by electronic secret ballot. Keep in mind that voting by email is not, and cannot, be secret. Electronic secret ballots must be cast via an internet-based voting system and the inspector of election must ensure this system conforms to the requirements set forth in Civil Code § 5110(c)(4).

Online voting is the way of the future. Online voting provides many advantages: enhanced participation; potential cost savings; real time results; and the ability to vote from anywhere from the device of the voter’s choice, just to name a few.

In general, we find that in most communities, given the choice, at least 4 out of 5 members will vote online versus via paper ballot.

This article discusses the key topics we have discussed with associations as of the signing of AB 2159 into law, which became effective on January 1, 2025.

New Election Rules

To implement online voting, associations must first update their election rules to include the option of voting by electronic secret ballot.

Keep in mind that new election rules must be presented to the membership for a minimum of 28 days for member review and comment (Civil Code § 4360) and cannot be adopted less than 90 days prior to any election subject to Civil Code § 5100, except elections for assessment increases legally requiring a vote. Given other recent amendments to the Civil Code and Corporations Code, all associations should update their election rules regardless of whether they intend to permit members to vote by electronic secret ballot.

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New Professional Designations Stephanie Anderson, CMCA, AMS Keystone Briana Cortez, CMCA Walters Management Mario Deleon, CMCA Arthur Hopkins, CMCA, AMS, CIRMS Click2bind Insurance Services, LLC Mostafa Panah, CMCA Meredith Pavone-Plante, CMCA, AMS FirstService Residential California, LLC

Jessica Richardson,CMCA, AMS FirstService Residential California, LLC Walter Rogers, RS Pacific Coastal Reserves Matthew Sutherland, CMCA, AMS FirstService Residential California, LLC Angelica Villa, CMCA Prescott Companies Shawn Ward, CMCA, AMS Vintage Group

Michael Pereira, CMCA, AMS Prescott Companies

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California Has Finally Opted-In...

Continued from page 15

Basic Requirements for a Typical Balloted Election Election Rules Adoption (No less than 90 days before tabulation date with a minimum 28-day review period) Voter Preference Notice Start Date (No less than 120 days prior to Election Date) Nominations Start Date (No less than 90 days prior to Election Date) Voter Preference Deadline (No less than 90 days prior to Election Date) Nomination Deadline (No less than 30 days after start of Nomination Process) Pre-Ballot Notice / 60-day Notice (No less than 30 days from distribution of election packages) Testing of Electronic Voting System (No less than 30 days prior to Election Date) Paper Secret Ballot Mailing Date (No less than 30 days prior to Election Date) Electronic Secret Ballot Emailing Date (30 days prior to Election Date) Ballots Due / Election Date

Opt-Out Versus Opt-In

Owners can choose electronic or paper ballots.

If an association adopts electronic voting, owners can still opt out by choosing to use written paper ballots and can switch from electronic to paper ballots or vice versa, if they do so at least 90 days before an election. (Civ. Code § 5105(i)(1)(A).) To opt-in to electronic voting, owners must provide their association with a valid email address. (Civ. Code § 5105(i)(1)(E).) Paper ballots must be delivered to members who choose to vote by paper and to those members who do not provide a working email address to the association. (Civ. Code § 5105(i)(1)(C).)

The OPT-OUT method minimizes the need for paper election packages mailed to the membership, saving the association direct costs of printing, envelopes and postage. However, this method may cause problems for voters that prefer to vote via secret paper ballot but miss the 90-day deadline prior to an election to alter their voting preference. After this 90-day voter preference deadline passes, voters have no legal way of changing their voting method to a paper secret ballot. Furthermore, the law does not specify whether a member who has failed to opt out of electronic voting by the deadline may attend an election meeting in person to cast a paper ballot. This could lead to contested elections where inspectors deny a voter a paper ballot due to missing the deadline for changing their voting preference.

California association voters are familiar with voting by paper secret ballot. Hence, the OPT-IN option is advantageous because it requires voters to make a conscientious decision to change their voting preference to electronic secret ballot, minimizing potential challenges to the election due to missing the opportunity to alter their preference. Disadvantages include the increased direct costs listed above. There also may be voters who would prefer to vote online but miss the deadline to change their voting preference.

Strict interpretation of Civil Code suggests that after 90 days prior to the election, members may not change their voting preference. It is hoped that the legislature will update the law in the near future to allow alteration of voting preference throughout the election process, granting voters greater flexibility.

Increased Notification Requirements Regardless of the method chosen above,

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Voting by electronic secret ballot means more diligence from the association, management and the inspector of election.

associations must individually notify members no less than 120 days prior to the election of (1) their current voting preference, (2) the primary email address they have on file with the association, (3) how they can change their voting preference from electronic secret ballot to paper secret ballot or vice versa, and (4) how to update their email address if need be.

Levels of Administration & Timeline

Offering voting by electronic secret ballot requires added levels of administration. Electronic elections must begin even earlier than the prior voting scheme, and there are more action items in the election timeline to track.

Special care is required to ensure none of these actions or deadlines are missed. Associations should attempt to combine the items listed above where possible. In our experience, fewer mailings can be valuable when sending information to the voting membership due to member attention fatigue. Qualified inspectors should be able to guide management through all required notices and timelines, and we suggest that they rely heavily on the inspector of election to either perform or oversee the entire process.

If associations are going to attempt election by acclamation

pursuant to Civil Code section 5103, there are even more requirements to satisfy, and associations should consult with their professional inspector of election to ensure all legal requirements are adhered to.

Recommendations

Our recommendation is that association election rules provide for both opting methods and allow the association to choose which

General Counsel • ADA & DFEH Compliance • CC&R & Bylaw Amendments • Architectural Matters • Contracts & Insurance • Elections & Recalls • Employment Law • Legal Opinions

method it intends to use prior to any election. We would also recommend that associations are consistent with the method they choose from election to election to avoid confusion.

Voting by electronic secret ballot means more diligence from the association, management and the inspector of election. Hopefully, the ultimate result of increased voter participation and potential cost savings should make it all worthwhile and provide a easy, safe and enjoyable experience for all California association voters.

Happy Voting!

Kurtis Peterson, CMCA is Chief Operating Partner of The Inspectors of Election, LLC and can be reached at kurtis@tieivote.com.

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CAI SAN DIEGO AWARDS GALA

Congratulations to All the Awa Congratulations to Our

Lifetime Achievement Award Recipients Laurie Poole, Esq., CCAL Adams Stirling Rachael Robenolt, CMCA, AMS 360 Community Management

Donald Rogers Walters Management Caitlin Schlussler, CMCA Summit Property Management, Inc. Sarah Trobaugh, AMS FirstService Residential Rebecca Warrillow, CMCA Avalon Management Group, Inc.

Manager of the Year - Rookie (0-5 Years) Moriah Amicay Choice Management Solutions

Manager of the Year - Veteran (6+ Years) Kierstin Avalos, CMCA Avalon Management Group, Inc.

Business Partner of the Year Amber Antoski EmpireWorks

Kyle Black, CMCA Walters Management

Leanne Beck, CMCA, AMS, PCAM Avalon Management Group, Inc.

Nicole Cummings N.N. Jaeschke, Inc. – An Associa Company

Sara Borek, CMCA, AMS The Prescott Companies

James Hippolyte EmpireWorks

Alysia Dale, CMCA, AMS Property Management Professionals

Nafisa Braimah, CMCA, AMS FirstService Residential

Tommie Hoyt Procoat Painting San Diego

Kerry Fiedler, CMCA, AMS Walters Management/RealManage

Nerissa Damasco FirstService Residential

Robert Hudson Building Resource Management

Lucilla Garcia Walters Management

Elena Egos The Prescott Companies

Pejman Kharrazian Epsten APC

Brandon Garza FirstService Residential

Ryan Figley, CMCA, AMS Moonstone Management and Consulting

Cassandra Ludden Landscapes USA

Tracy Hanson Property Management Professionals

Rachel Garrett Walters Management/RealManage

JoJo Royden Andre Landscape

Claire Hosking Summit Property Management, Inc.

Chloe Holder, CMCA Avalon Management Group, Inc.

Mike Rucke Alta Roofing & Waterproofing, Inc.

Kimberly Kizer N.N. Jaeschke, Inc. – An Associa Company

Seantell Marron Professional Community Management

Haley Smith Black Diamond Paving, Inc.

Anali Martinez Property Management Professionals

Elle Mondant, CMCA, AMS FirstService Residential

Board Member of the Year Veteran (6+ Years) Lisa Pieropan Villa Mar Homeowners Association

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Charise McLaughlin N.N. Jaeschke, Inc. – An Associa Company

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ard Nominees Tina Montalvo, CMCA ARK Management Brittany Vik, CMCA 360 Community Management Angelita Villanueva, CMCA, AMS Walters Management/ RealManage Pamela Walker The Prescott Companies Rising Star – Business Partner Brandon Berce Golden Alliance Insurance Agency, Inc. Sean Floody Harvest Landscape Julie Gould Alliance Enviormental Group, LLC Jackie Heitman Ross Construction Management Graciela King Santelises CertaPro Painters Ryan Moldt AD Magellan Daniel O’Reilly Servpro of San Diego City SW & Centre City/Uptown Nika Richardson, AMS, PCAM Enhanced Landscape Management Diana Riggs Proform Interiors Franky Sesma Parking Squad Kendahl Stein Flanagan Law APC Rising Star - Manager Claire Hosking Summit Property Management, Inc.

Article of the Year Governing Document Enforcement Basics Published Summer 2024 Authored by Tyler Kerns, Esq. Kriger & Schuber APC Community Associations Published Fall 2024 Authored by Rhonda Goldblatt, Esq. Epsten APC Board Leadership - Uniting Homeowners for the Common Good Published Winter 2024 Authored by Kumar Raja, Esq. Beaumont Tashjian Educational Program of the Year Plumbing 102 Amber Korody, CCAM, CMCA Choice Management Solutions Dan Zastrow Remedy Rooter Repair Strategies for Pool Decks Becky Larson PrimeCo James R. McCormick, Jr., Esq., CCAL Delphi Law Group, LLP Christina Mercer, CCAM PMP Management We Lay Siege at Dawn – Enforcement Strategies Robert DeNichilo, Esq. DeNichlio Law APC Marisa McVey, CMCA, AMS FirstService Residential Laurie Poole, Esq., CCAL Adams Stirling

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CAI SAN DIEGO AWARDS GALA

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Attendees enjoyed a bright night at the Neon Night Annual Awards Gala held January 25th at the Loews Coronado Bay Resort. Everyone got into the festive party mood with dining, dancing and lots of fun. The evening featured the presentation of the Chapter’s 2024 Service Awards.

Congratulations to all the nominees and award winners!

Congratulations 2025 Award Winners

PRESIDENT’S AWARD (Photo B) Emilio Lopez San Diego Roof Doctor

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LIFETIME ACHIEVEMENT AWARD (Photo A) Laurie Poole, Esq., CCAL Adams Stirling Rachael Robenolt, CMCA, AMS 360 Community Management ARTICLE OF THE YEAR (Photo D) Tiny But Mighty: Managing Legal Compliance for Small Community Associations Fall 2024 Issue Authored by Rhonda Goldblatt, Esq. Epsten APC BEST EDUCATIONAL PROGRAM OF THE YEAR (Photo E) Repair Strategies for Pool Decks Becky Larson PrimeCo James R. McCormick, Jr., Esq., CCAL Delphi Law Group, LLP Christina Mercer, CCAM PMP Management

BOARD MEMBER OF THE YEAR VETERAN (6+ YEARS) (Photo F) Lisa Pieropan Villa Mar Homeowners Association

BUSINESS PARTNER OF THE YEAR (Photo H) Amber Antoski EmpireWorks RISING STAR – BUSINESS PARTNER (Photo I) Franky Sesma Parking Squad MANAGER OF THE YEAR ROOKIE (0-5 YEARS) (Photo C) Sarah Trobaugh, AMS FirstService Residential MANAGER OF THE YEAR VETERAN (6+ YEARS) (Photo G) Ryan Figley, CMCA, AMS Moonstone Management and Consulting RISING STAR – MANAGER (Photo J) Claire Hosking Summit Property Management, Inc.

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Thank You to Our Sponsors TITLE SPONSOR

AWARDS DINNER TABLE SPONSORS AD Magellan Andre Landscape Bemus Landscape BrightView Landscape Services, Inc. CM2 & Associates, Inc. Epsten, APC Harvest Landscape Landscapes USA Park West The Prescott Companies Proform Interiors Pro-Tech Painting ProTec Building Services Rayco Exteriors RealManage Reconstruction Experts Ross Construction Management SERVPRO of San Diego City SW DRINK TICKET SPONSORS Berding Weil Fenton Grant Kaneda & Litt, LLP Life Specialty Coatings PrimeCo WM of San Diego Western Towing

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CENTERPIECE SPONSORS Alta Roofing & Waterproofing Associa - NNJ PMP Management San Diego Backflow Testing PARTY FAVOR SPONSORS The Naumann Law Firm, PC Servpro of Sorrento Valley MUSIC SPONSOR SERVPRO of Sorrento Valley REGISTRATION SPONSORS Berg Insurance Agency (in partnership with LaBarre/ Oksnee) Pacific Backflow Corporation Precision Construction and Painting SavATree, LLC PARKING SPONSORS BuildingLink CertaPro Painters Procoat Painting PuroClean of Claremont CLAC SPONSOR Servpro of Sorrento Valley

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CAI SAN DIEGO AWA

ARDS GALA

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By David Hinrichs

Roof Rat Prevention & Control

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oof rats are a common nuisance in Southern California residential areas, including in homeowners associations. These pests can cause significant damage to structures, contaminate food supplies, and pose health risks to residents. Effective prevention and control of roof rats are essential to maintaining the safety and comfort of any community.

Prevention is the most effective strategy in managing roof rat populations. By taking proactive measures, homeowners associations can reduce the likelihood of infestations and minimize the need for more aggressive control methods.

Exclusion

Exclusion involves sealing off entry points to prevent roof rats from entering buildings. This can be achieved by: • Inspecting structures for gaps, cracks, and holes in walls, roofs, and foundations.

• Sealing openings with durable materials such as steel wool, hardware cloth, or concrete.

• Maintaining doors, door sweeps, thresholds and windows to ensure they close tightly.

• Trimming tree branches and shrubs back that provide access to roofs to a minimum distance of three feet.

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Trapping

Trapping is a useful method for controlling small roof rat populations. It involves the use of mechanical traps placed strategically in areas where rats are active. Key points to consider when using traps include: • Placing traps along walls, in attics, and near food sources.

• Using appropriate attractant, such as peanut butter or dried fruit.

• Regularly checking and resetting traps to ensure effectiveness.

Baiting

Baiting is an effective component of roof rat control. It involves the use of rodenticide baits to eliminate rat populations.

Pulse Baiting

Pulse baiting is an innovative and strategic baiting technique that involves the use of a non-toxic bait to identify rodent feeding areas.

This method ensures that active ingredient baits are only placed in locations where roof rats are actively feeding, increasing the efficiency and safety of the baiting process.

Steps in Pulse Baiting

Placement of Non Toxic Bait: Initially, a non-toxic monitoring bait is placed in suspected rat activity areas. This bait is designed to attract rats without posing any harm to humans, pets, and the environment.

Monitoring and Identification: The monitoring bait is monitored over a period to identify feeding patterns and high-activity areas.

Replacement with Active Bait: Once feeding areas are established, the monitoring bait is removed and replaced with an active ingredient bait. This targeted approach minimizes the use of toxic substances and reduces the risk to non-target animals and humans.

Removal of active bait: When rodents stop feeding on the active bait, it is removed and replaced with the monitoring bait.

Roof rats pose a significant challenge for homeowners associations, but with effective prevention and control strategies, their impact can be mitigated.

Roof rats pose a significant challenge for homeowners associations, but with effective prevention and control strategies, their impact can be mitigated.

Exclusion, trapping, and baiting, particularly through innovative methods like pulse baiting, are essential tools in the fight against these pests. By implementing these measures, communities can protect residential and community structures, reduce health risks, and maintain a high quality of life for all residents. It is always a good idea to

consult with a licensed professional pest management company for pest control concerns.

David Hinrichs is Key Accounts Manager at Lloyd Pest Control and Vice President of California Pest Management Association. He can be reached at david.hinrichs@lloydpest.com.

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WELCOME TO THE

COMMUNITY ASSOCIATIONS & SOCIAL MEDIA

By Rhonda R. Goldblatt, Esq.

While community association boards might view social media as a free, convenient means of disseminating information to the membership, social media use by associations can be fraught with potential stumbling blocks.

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oards may in fact prefer to avoid using social media altogether given the concerns listed below. At the same time, Civil Code § 4515 limits associations’ ability to restrict individual homeowners’ use of social media to discuss association life. In that respect, associations may need to view individual homeowners’ use of social media from a live-and-let-live perspective.

Potential Concerns – Association Use of Social Media

The Loose Canon. Board members may lose their temper, reveal attorney-client privileged information, or otherwise inflame an already volatile dispute when posting or responding to homeowner comments on social media. Online content lives forever, even if subsequently deleted. Ill-considered board member comments can in turn attract defamation claims, sow division, and otherwise negatively affect the association.

Constant Vigilance. Association-run social media pages must be constantly monitored because negative, defamatory, or otherwise ill-advised content may be posted by homeowners, which the association may in turn need to regulate or delete. Homeowners may also post negative content about one another, leading to demands that the association delete such content by the targeted party, putting the association in a tough position. Homeowners may additionally choose to notify the association of important issues via social media rather than contacting management. The resulting need for constant monitoring can be time-consuming and expensive.

Jerrison

Sarah STOP FEEDING CROWS BAGELS. They aren’t eating the bagels you are giving them. They are stashing them in the trees and it’s raining bagels at my house.

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Is This Covered? Association and board members’ online activities on social media may not be covered by association insurance policies. If an association is sued in connection with online activity, and the claim is not covered, any resulting liability could be financially devastating.

Civil Code Section 4515 and Homeowner Use of Social Media

If an association steers clear of social media, shouldn’t homeowners be required to do the same? Under the law, no. Civil Code § 4515(b) states governing documents shall not prohibit a member or resident of a common interest development from “using social media or other online resources to discuss any of the following, even if the content is critical of the association or its governance:” 1. Development living; 2. Association elections; 3. Legislation; 4. Election to public office; 5. The initiative, referendum, or recall processes; or 6. Any other issues of concern to members and residents.

Note that homeowners’ social media posts may be critical of the association. Negativity, whether unfair or Continued on page 28

WHO LEFT THIS ON MY TRUCK, THIS IS NOT FUNNY I CALLED THE POLICE ON YOU. tHIS IS A VIOLATION OF PRIVACY AND THE FIST AMENDMENT IF I EVER SEE ANOTHER SANDWICH ON MY PROPERT AGAIN I AM GOING TO REPORT YOU TO THE POLICE. 8

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Welcome to the Wild Wild West...

Continued from page 27

CAI San Diego Kick-Off Breakfast On January 17th over 75 Chapter volunteers gathered to kick off 2025.

2024 President Heather Wiltshire, N.N. Jaeschke, and Chapter Executive Director Carissa Mace gave an update on of the Chapter’s strategic plan and an overview on plans for 2025. A lively question and answer session started some great conversations, which the Chapter looks forward to continuing throughout the year.

not, does not constitute grounds to regulate homeowner online activity. Further, “development living” and “any other issues of concern to members and residents” are so broad as to effectively serve as catch-all categories, allowing homeowners to freely post about most association-related topics.

My neighbor has this flower peeking into my backyard. I couldn’t get close enough to see if there is a camera hidden inside. Is this even legal?

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So where does this leave community associations?

Associations may do well to remember that one of the main purposes of common interest developments is to maintain the common areas. That is, associations serve physical needs (maintenance) in the real world, rather than playing a role online. Given that associations are also limited in regulating homeowner online activity, associations may want to steer clear of the Wild Wild West of social media entirely.

Rhonda R. Goldblatt, Esq. is a Senior Attorney at Epsten, APC and can be reached at rgoldblatt@epsten.com.

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THANK YOU TO OUR FALL FESTIVAL SPONSORS! TITLE SPONSOR

BIG GAME SPONSOR Advanced Election Services Platinum Security Inc.

Held at NTC Park in Liberty Station, the Saturday afternoon Fall Festival featured food, fun and games for the entire family.

CARNIVAL SPONSORS A-1 All American Roofing Company Alta Roofing & Waterproofing, Inc. PrimeCo Primus Paint Worx Procoat Painting Rayco Exteriors San Diego Roof Doctor WM of San Diego FESTIVITES SPONSORS Black Diamond Paving BuildingLink.com, LLC Mt. Helix Pest & Termite Control Parking Squad SavATree, LLC SERVPRO of Sorrento Valley Synergy Management Group

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WEEVILS WOBBLE But They Don’t Fall Down

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By Anja Potenza and Michael Lockwood

s the weather gets warmer and your landscape wakes up after winter, it is important to be aware of potential pests that can impact the overall health and beauty of one of your community’s most visible assets – your plants. I sat down with BrightView’s Tree Healthcare Business Developer, Michael Lockwood, recently to discuss a few common springtime pests to keep your eye out for, and what solutions to be aware of.

We started our discussion about the canary date palm, also known as the “Rolls Royce” of trees. Similar to a Rolls Royce, owners of these palms typically pay the highest for tree maintenance in San Diego.

One of the most visible and prevalent pests for palm trees locally is the South American palm weevil. Weevil larvae feed on the crown of the palms which ultimately destroys the tissue. Once that tissue is destroyed, it has trouble producing new fronds; no new growth means it doesn’t have a good chance of survival.

“Due to heavier pesticide regulation, the pest has become more difficult and expensive to control – and technically there is no control, only prevention. Preventing the palm weevil requires the priciest products and four 30

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treatments a year and even then, there is no guarantee with treatments. They have also been known to attack many other palm varieties and even giant bird of paradise,” Michael shared.

He also mentions that aside from the South American palm weevil, there is another ailment that can impact palm varieties in our climate, “If the weevil wasn’t enough to worry about, date palm owners need to be aware of a fungal disease, Fusarium wilt, that is a slow killer. Identification is easy. All one needs to do is look for asymmetrical coloring on the fronds. Despite being incurable, if detected early enough, treatments do wonders at slowing the disease progression and preserving the tree for many years. However, treatments are required annually.”

The agave weevil is another pest to keep an eye out for. Michael explained, “The palm weevil decided to invite his cousin to the party. Enter the agave weevil, palm weevil’s smaller cousin. Previously known for destroying tequila crops south of the border by boring round holes directly into the heart of the agaves until they flop dead on the ground, they also seem to enjoy “false agave” aka

BOARD MEMBERS, HOMEOWNER LEADERS & COMMUNITY VOLUNTEERS

Furcraea, which has become very popular in modern drought tolerant landscapes. Unfortunately, what was a good control and previously available at your local garden center is no longer available in California as of this year. Consult with your local arborist for treatment options.”

If you have additional questions about any pests invading your landscape – reach out to your landscaper or certified arborist for treatment options!

CAI is the foremost authority in community association management, governance, education, and advocacy for the 380,000 homeowners associations, condominiums, and co-ops in the United States and millions of communities worldwide.

As a member of CAI, you are part of a global network of over 45,000 community managers, management company executives, homeowner leaders, and business partners.

YOUR CAI MEMBERSHIP = VALUE

MAKE THE MOST OF YOUR MEMBERSHIP

The best community associations have the best boards – BUSINESS PARTNERS they’re educated, knowledgeable, and prepared to lead their Elevate your career and increase your salary Membership conveys your commitment to communities successfully.

CAI membership provides your board with tailor-made education and credentials the community association industry and the that give you a competitive edge in the potential for expanding your client base! members valuable resources and education to stay informed.

COMMUNITY MANAGERS

growing community association business.

MAKE THE MOST OF YOUR MEMBERSHIP MANAGEMENT COMPANY EXECUTIVES Visitlatest www.caionline.org regularly for the latest Visit cai-sd.org regularly for the CAI happenings and CAI happenings and information.

Communities count on you for professional information. management and guidance. CAI membership Log in to the CAI website and your profile to helps your company boost credibility and ensure all contact information is current so increase exposure to potential clients. you – don’t miss out on education CAI news, emails, Get involved with our chapter attend an orand other important updates.

networking event and maybe even join a committee, where HOMEOWNER LEADERS Anja Potenza is a Business Developer for BrightView Landscape Services, Inc. and can be reached at anja.potenza@brightview.com.

Get involved with your local chapter—attend Save timecan and money with CAI education you network, learn with peers, or meet potential service an education or networking event and and resources and lead your community maybe even join a committee, where you can providers for your community. to success! network, learn with peers, or meet potential new clients.

JOIN NOW! Michael Lockwood is a Tree Care Business Developer for BrightView Tree Care Services and can be reached at michael.lockwood@brightview.com.

We’re Here For You! Have Questions?

We’re Here For You! Questions?

Email the Customer Service Center at Visit cai-info@caionline.org Email us at membership@cai-sd.org or call toll free at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET). #WeAreCAI

or call 858-836-1119

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Three Empowering Self-Nurturing Practices to Create Balance

By Kelley Grimes, MSW

“Balance is not something you find; it’s something you create.”

-Jana Kingsford

When we are overwhelmed and exhausted, we are out of balance in our lives. When this happens, we have often taken on more responsibility than there is time in the day leaving us chronically stressed and overscheduled. We may find the more we give without filling back up, the more imbalanced we feel. Over time, this unsustainable pattern leads to illness, burnout, and a lack of meaning in our lives.

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If we are searching for work/life balance, we may not recognize that we actually need to create it. To develop more balance, we need to choose to nurture ourselves and cultivate self-compassion, self-awareness, and intentional choices of how we spend our time. Recognizing we have choice is essential to cultivating balance in our lives.

Here are three empowering self-nurturing practices to create more balance:

1. Embrace a Growth Mindset

One of the most impactful self-nurturing practices to create balance is to release expectations of perfection and embrace a growth mindset. Unrealistic expectations of yourself feed a pattern of overworking and causes conflicting priorities at work and home. When you embrace a growth mindset, you allow mistakes to turn into lessons and find self-compassion and self-acceptance. To embody this practice, repeat the phrase “progress not perfection” and find the lesson in every challenge.

2. Let Go of What is Not Serving You

When you feel out of balance with your overflowing work and life calendars, it is usually because you need to let something go. This letting go can come in the form of decluttering your home or office, schedule, negative thoughts, responsibilities, and/or expectations. Every time you set a boundary and say no to activities that no longer bring you joy you create more balance in your life. Reflecting regularly on what you need to let go of to cultivate more balance can be empowering and clarifying. Start by choosing one thing to let go and reflect on the space opened in your life. As Betsy Jacobson wrote, “Balance is not better time management, but better boundary management. Balance means making choices and enjoying those choices.”

3. Acknowledge Yourself

When you are overwhelmed and live from a place of busyness, you often move onto the next item on your overflowing to do list without pausing to celebrate your completion or success.

When you don’t acknowledge yourself, you devalue your efforts, miss your growth, and often feel stuck in the doing without feeling a sense of purpose or meaning. Being intentional about acknowledging yourself can deepen your gratitude practice, increase your confidence in yourself, and support a more balanced life. Begin an acknowledgement and gratitude practice today.

Kelley Grimes, MSW is a counselor, speaker, and author who can be contacted at kelley@cultivatingpeaceandjoy.com.

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Changes to Workplace Safety & Harassment Laws

By Elizabeth A. French, Esq.

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n California the law recognizes an employee’s right to enjoyment of a safe and healthy workplace in discharging day to day duties at work. California has recently enacted some new laws to ensure that employers are proactively protecting their employees. What is workplace violence? It is defined as any act of violence or threat of violence that occurs in a place of employment. The law breaks the violence down into four categories. The first is criminal intent - a person approaches the workplace with the intent to commit crime like retail robberies or threats to security guards. The second category is violence directed at employees by customers, clients, patients, students or visitors. The third type is violence against an employee by a present or former employee, supervisor or manager. The fourth is violence committed by a person who does not work there but has a personal relationship with an employee.

Beginning July 1, 2024, California employers were required to develop and adopt a written workplace violence prevention plan, train employees and supervisors on workplace violence matters, create and maintain violence incidence logs, and retain records of all associated training. This law

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applies to most public and private employers in California including qualifying common interest developments. However, there are exemptions. Smaller employers with less than ten employees present at the same time are exempt, but those employers must have a compliant injury and illness prevention plan.

Telecommuting employees that work from a location of their choice are exempt. Certain healthcare facilities and law enforcement agencies are also exempt.

Failure to comply with this new law could result in a misdemeanor violation pursuant to Labor Code Section 6401.9(g). This article is not intended to comprehensively cover all of the requirements, rather it is intended to simply apprise employers of their obligations and provide an overview. Employers can find in depth information about the new law’s requirements at California’s Department of Industrial Relations, www.dir.ca.gov. A number of other websites have popped up with legally compliant programs designed to assist employers with implementing the new law with forms and training programs.

In order to comply with the new law, employers need to make a written Workplace Violence Prevention Plan (WVPP) that is easily accessible to all employees.

In general, the WVPP must identify who is responsible for implementing the plan and have effective procedures for doing so. Employers should involve employees and their authorized representatives in developing the plan. The plan must require employers to respond to reports of workplace violence, prohibit retaliation against employees reporting acts of violence, ensure supervisors and non-supervisors comply with the plan, provide for communication

about violence incidents, and outline the investigative procedure that will be used. It must further provide for training, procedures for identifying hazards, and procedures for timely correction, post-incident response and investigation and finally, the effectiveness of the plan must be evaluated and revised as warranted.

Next, employers are also required to train employees when the plan is implemented, and then annually thereafter. The training must cover the WVPP and inform employees about how to obtain copies of it, inform employees how to report violent incidents, identify hazards that are specific to each employee’s work environment, identify corrective measures, advise how to seek assistance to prevent or respond to violence while avoiding physical harm, and finally inform the employees about the log and how to get copies of the log.

Employers must record all incidents of violence in detail (who, what, where, when, and why) but without personal identifying information of the person providing the information for a log. Further, the classification of the circumstances and location of the incident must be included, the type of violence, consequence of the incident (was law enforcement called?), the name as well as job title of the person making the log entry and the date the entry was completed. Finally, all associated records (log and training records) must be maintained and made available to employees upon request within fifteen days.

There is also a new law that went into effect on January 1, 2025, that makes it easier for employers to obtain a workplace restraining order on behalf of their employees. This law applies to all common interest developments with employees.

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Changes to Workplace Safety & Harassment Laws Continued from page 35

The previous law allowed California employers to seek restraining orders on behalf of employees and their families where there was workplace violence or credible threats of violence. The new law expands this protection to now allow employers to seek protection orders for employees who have been harassed.

The new law defines harassment as knowing and willful conduct that seriously alarms, annoys or harasses a specific person that serves no legitimate purpose and would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress. The legislature does not want employers to have to wait until things escalate into violence before allowing the employer to seek an order of protection. As such, these changes permit an employer to act sooner than they could under prior law.

So, the good news is California is expanding protections for employees so that everyone feels safe and healthy in their places of work. However, at the same time employers need to be aware of these changes and ensure compliance as well as the ability to take advantage of these enhanced worker protections.

Elizabeth A. French, Esq. is a partner at Green, Bryant and French, LLP and can be reached at efrench@gbflawyers.com.

To be featured on the cover of Community Insider magazine, contact Carissa Mace, executivedirector@cai-sd.org.

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The November 7th San Diego Education Luncheon and Trade Show featured the always popular Legal Update and Almost Free Legal Advice. The panel featured Louie A. Brown, Jr., from Kahn, Soares & Conway, LLP and CLAC Advocate, Matthew Plaxton, Esq., Tinnelly Law, and Rob Ward, Esq., Adams Stirling, PLC. The panel gave an overview of industry legislative issues as well as a lengthy question and answer session featuring hot industry topics.

THANK YOU TO OUR EVENT SPONSORS! PROGRAM SPONSORS

EXHIBITORS

Accurate Termite & Pest Control Agricultural Pest Control Services Alliance Association Bank Alta Roofing & Waterproofing, Inc. Apex Contracting & Restoration Aztec Landscaping, Inc. BrightView Landscape Services, Inc. Costa Roofing Delphi Law Group, LLP Fiore Racobs & Powers, A PLC* Flanagan Law, APC* Golden Alliance Insurance Goldstar Asphalt

GuardTop Harvest Landscape Enterprises Inc. Hotwire Communications Monarch Landscape Companies Nissho of California, Inc. NPG Asphalt Parking Squad Pilot Painting & Construction Precision Concrete Cutting Precision Painting and Reconstruction Rayco Exteriors Reconstruction Experts Riley Pasek Canty LLP RSI Roofing S.B.S. Lien Services The Secret Ballot SmartStreet Powered by Banc of California Soundproof San Diego Third Party Voting Tinnelly Law Group* Vista Paint Corporation Western Towing

RESERVED TABLE SPONSORS Berding Weil Pro-Tech Painting SERVPRO San Diego City SW PHOTOGRAPHY SPONSOR CertaPro Painters EDUCATION SPONSORS Life Specialty Coatings San Diego Roof Doctor NETWORK SPONSORS Adams Stirling Bemus Landscape Berg Insurance Agency The Naumann Law Firm, PC Southern Cross Property Consultants CLAC SPONSORS LaBahn’s Landscaping McCormick-JWC Construction & Consulting Structural Preservation Systems, LLC

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CAI SAN DIEGO

Reception & Trade Show

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THANK YOU TO OUR SPONSORS FESTIVITIES SPONSORS

PHOTOGRAPHY SPONSORS PuroClean of Claremont Teel Painting

Drink Ticket Sponsors Alliance Environmental Group Black Diamond Paving Life Specialty Coatings Pilot Painting & Construction

COFFEE BAR SPONSOR Pacific Green Landscape, Inc.

HOLIDAY NETWORK SPONSORS

Antis Roofing and Waterproofing Apex Contracting & Restoration Atlas Tree Services Behr Paint Berding Weil Berg Insurance Agency EmpireWorks Reconstruction JJ&S Environmental Services Monarch Landscape Companies The Naumann Law Firm, PC RealManage Reconstruction Experts Riley Pasek Canty LLP San Diego Roof Doctor

PARKING SPONSOR PrimeCo

CLAC SPONSORS

LaBahn’s Landsaping Modern Pipe Solutions, Inc. Pro-Tech Painting West Coast Drywall & Paint

EXHIBITORS (*CLAC upgrade

Sponsors) Accurate Termite & Pest Control AD Magellan Agricultural Pest Control Services Andre Landscape Service Ascent Roofing Aztec Landscaping, Inc. Bald Eagle Security Services, Inc. Bear Flag Waterproofing and Restoration Bemus Landscape BrightView Landscape Services, Inc. California Premier Roofscapes Centric Building Services, Inc Chapman & Intrieri, LLP Click2bind Insurance Services CM Squared, Inc.* Costa Roofing Dunn Edwards Corporation Enhanced Landscape Management* Fenton Grant Kaneda & Litt, LLP Fiore Racobs & Powers, A PLC First Citizens Bank Flanagan Law, APC* Generation Contracting & Emergency Services, Inc. Golden Alliance Insurance Goldstar Asphalt Products Gothic Landscape Harvest Landscape Enterprises Inc. Horizon Lighting Kings III

Kriger Law Firm* Life Deck Coating Installations Major League Pest MC Contracting McKenzie Mena, LLP Mt. Helix Pest & Termite Control Nautilus General Contractors Nissho of California, Inc. NPG Asphalt O’Connell Landscape Pacific Backflow Corporation Park West Parking Squad Precision Concrete Cutting Precision Door Services Precision Painting and Reconstruction Premier Roofing CA, Inc. Procoat Painting San Diego Rayco Exteriors Roseman Law* RSI Roofing S.B.S. Lien Services SAX Insurance Agency SERVPRO San Diego City SW SmartStreet Powered by Banc of California Solid Property Services Teel Painting* Tinnelly Law Group* Vista Paint Corporation Western Fire Protection Western Towing

COMMUNITY OUTREACH COMMITTEE

Holiday Supply Drive In December, the Community Outreach Committee held its Annual Holiday Essentials drive supporting the Youth Assistance Coalition (YAC). Industry came together to help homeless youth in San Diego and improve their lives on the streets. The goal was to help YAC replenish their supplies so they can continue to provide necessities to kids that need a hand-up, not a handout. The donations topped last year’s total and there was tremendous attendance from the Community Outreach Committee to sort and pack away the donations at the YAC facility.

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www.cai-sd.org

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