CAI Summer 2015 Issue

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Insight and Education for Community Associations Community Associations Institute / Central Arizona Chapter / www.cai-az.org

Summer 2015

HOAs and H20 PLUS… President’s Message Myths and Misconceptions 2015 CAI CAC Event Calendar

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on the cover

HOAs and H20 Summer 2015

Community Associations Institute / Central Arizona Chapter / www.cai-az.org

Features 14

Departments From the Chapter Board President ....... 4

Leading the Charge in the California Drought

Thanks is Never Enough

By Jerri Boone, PCAM

From the Chapter Executive Director.... 5

16 You Can’t Conserve

Chapter Executive Director’s Letter

What You Don’t Measure

Myths & Misconceptions ..................... 6

By Moquey Marquross

18 Changing Landscapes Require Less Water By Matt White

20 Poly to PVC Conversion:

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Underground and Out of Mind!

Dobson Ranch

By Sarah Sukta

Can Reserve Funds be used for Drought-Friendly Landscape Renovations? By DJ Vlaming, RS

23 Children This Summer are

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Working With Landscape Contractors to Conserve Water By Bobbie Potts

26 Arizona’s Political

Makeover: Love It or Hate It, It’s Here to Stay By DeMenna & Associates

CAI Events ......................................... 10 Community Spotlight ........................ 12

21 H2O Glossary

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Welcome to the Central Arizona Chapter!

2015 CAI Tradeshow

By Tony Amezcua

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New Members ..................................... 8

at Risk of Hyperthermia in Cars

Annual Sponsors ............................... 28 2015 Annual Sponsors

Congratulations Corner .....................30 Diamond Corner ................................ 31

Showcase of Top Sponsors

Calendar of Events ............................ 32 2015 CAI CAC Event Calendar

By Greg Roberts

Dogs Left in Cars Risk Heatstroke and Death By Lydia Peirce Linsmeier, Esq.

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C E N T R A L A R I ZO N A C H A P T E R

While efforts to ensure accuracy are exercised, the publisher assumes no liability for the information contained in either editorial or advertising content. Valhalla Community Magazines www.Valhalla360.com

For advertising and editorial information, please call Valhalla Community Magazines at (480) 634-1708.

Summer 2015

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From the president

Thanks is Never Enough By Mark L. Wade, CMCA, AMS, PCAM, LSM

We are now well into the swing of the summer months. For some the world of community associations has slowed down, but for others the pace remains a constant. In our CAI family of volunteers you would expect the Legislative Action Committee (LAC) to slow down with the adjournment of the legislative session; but, in fact, they are already working on building relationships with legislators and working on legislation that will be proposed in the next session. My thanks to those who work year round, the LAC, to make sure our voice is heard and that bad legislation gets defeated. My thanks also to those individuals and communities that contribute dollars to the LAC to help pay our lobbyists. Without this money and the time of our volunteers, the industry would be in a sorry decline. I would also like to recognize the other volunteers (you know who you are) that help our organization to run smoothly. You don’t have to go far to

recognize the achievements of these members. All we have to do is look at the committees and all that they do and the events that they sponsor. I can’t thank you who serve in any capacity in the Chapter enough. Under the capable leadership of our Executive Director, Kayte Comes, and Board of Directors, our Chapter continues to excel and once again earned national recognition at the CAI National Conference in Las Vegas. A big thanks to Kayte for applying for these awards so that we can be recognized for the accomplishments of our hard-working members. Yes, the BIG word for this quarter is THANKYOU to all of you who make the CAI Central Arizona Chapter such a wonderful organization. It is you who bring the work, relationships, success, volunteerism and all the other many facets to the organization that make us all want to be a part.

When our neighborhoods are underwater after a monsoon, it is easy to forget that Arizona is in a prolonged drought, and a few memorable storms will not yield enough precipitation to undo the effects. The good news is

2015 Board of Directors Chapter President Mark Wade CMCA, AMS, LSM, PCAM Leisure World Community Association 480-823-0003 • mwade@leisureworldarizona.com Chapter President-Elect Linda Van Gelder ALPHA Community Management 623-825-7777 • linda@alphacommunitymanagement.com Chapter Vice-President Augustus Shaw, IV, Esq., CCAL Shaw & Lines, LLC 480-456-1500 • ashaw@shawlines.com Chapter Secretary Toni Rudolph First Citizens Bank 480-624-0949 • toni.rudolph@firstcitizens.com Chapter Treasurer Jeff Reynolds, CMCA, AMS Messina HOA 602-549-5369 • jjreyno@gmail.com Chapter Directors Milan Carnes Apache Wells HOA 937-477-8652 • milancarnes@hotmail.com Jenna Perkins, CMCA CCMC 480-905-2762 • jperkins@ccmcnet.com Mary Jo Edel, CMCA, AMS, PCAM PMG Services 480-829-7400 x202 • maryjo@pmg-service.com Josh Bolen, Esq. Carpenter, Hazlewood, Delgado & Bolen, PLC 480-427-2862 • josh.bolen@carpenterhazlewood.com CAI Central Arizona Staff Kayte Comes Executive Director 602-388-1159 • kayte@cai-az.org

From the Editor... Summer in Arizona can seem paradoxical. For the most part, the days are filled with a dry heat so stifling that walking outside feels like an oven blast. Plants (and people) all appear parched. But then, a monsoon blows in, dropping the temperatures and resulting in extensive flooding. Suddenly, there is (too much) water everywhere.

Community Associations Institute Central Arizona Chapter

there are steps that each individual, business and community can take to conserve water, which are discussed in this issue of Community Resource. Most Arizonans have not yet felt impact of this drought in their daily lives, unlike our neighbors in California. Hopefully, with our leaders engaging in prudent planning, and with each of us doing our part, Arizona can continue to move through this challenging time with our resources intact. Jessica Maceyko, Esq., on behalf of the CAI-CAC Magazine Committee

Chapter Office 11225 N. 28th Drive, Ste. B102 Phoenix, AZ 85029 Tel: 602-388-1159 • Fax: 602-388-1153 info@cai-az.org • www.cai-az.org Community Resource Committee Jessica Maceyko, Esq. Ekmark & Ekmark, LLC Lydia Peirce Linsmeier, Esq. Shaw & Lines, LLC Audra Gambill, CIRMS Community Association Underwriters Jerry Parsons Sarah Sukta eUnify, Inc. Jacob Marshall, CMCA CCMC John Kaye Our House Financial Services, LLC Elaine Anghel, PCAM AAM

C E N T R A L A R I ZO N A C H A P T E R

Visit us online at… www.cai-az.org

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Anne Whitson Vial Fotheringham, LLP Lawyers


From the Director

Chapter Executive Director’s Letter By Kayte Comes, Executive Director CAI – Central Arizona Chapter

Hello summer! I am always excited for the Summer Issue because we get to brag about the Chapter accomplishments highlighted at the CAI National Conference, which was held this year in Las Vegas. The Chapter has been fortunate for the past five years to win Chapter Achievement and Excellence Awards. Each year, many chapters submit their programs to be evaluated and graded in the hopes of being a winner. This year, we were proud to again win a Chapter Achievement Award in the Member Service category for Large Chapter size for the Marketing Boot Camp the Chapter has conducted the past few years. The event was designed to help tradeshow exhibitors maximize their booth participation and create opportunities to meet potential clients and forge relationships. I am always so pleased that we are recognized for our efforts, and I cannot thank all the committee volunteers enough for their time and dedication to the Chapter! Our net retention rate in 2014 was 95%, which was an increase of 11% over the past three years’ rate of 84%. Many thanks to the Membership Committee and all the Event Committees helping us to break past the three year number! The goal for 2015 is to hold the 95% rate or increase from there. Maybe soon we will see 100% retention. It is all up to you, the members. You make the Chapter great! Kayte Comes Executive Director CAI-Central Arizona Chapter

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?

Myths & Misconceptions

Myths and Misconceptions By Lynn Krupnik, Esq., CCAL and Elaine Anghel, CMCA, AMS, PCAM

Myth: The board has the ability to make any modifications and improvements to the community to facilitate water conservation without the approval of the association membership.

Fact: The extent of the board’s ability to make modifications and improvements will depend on the association’s governing documents. Under the governing documents, certain types of modifications may constitute a change of use of the common area, which may require membership approval. Furthermore, the project may be considered a capital improvement (depending on the type of work being performed), and some governing documents require membership approval for capital improvements that exceed a certain dollar amount. Lastly, if a special assessment is necessary to fund the project, the governing documents may require a membership vote to pass such special assessment. Myth: The association has no responsibility for damage caused by floodwaters.

Keep your money where your house is ...

Fact: Under Arizona law, the association has the duty to keep the common area safe. The association’s responsibility for preventing water damage and restoring the common area after water damage occurs will depend on the specific facts. Part of an association’s duty to keep the common area safe may also include hiring an expert to review and provide guidance as to any drainage issues the association becomes aware of. Hiring an expert may also help protect the association and the board members from liability, in light of provisions in the Nonprofit Corporation Act that limit liability when the board reasonably relies on the advice of a competent expert. Amber Welch

The information contained in these Myths & Misconceptions is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel. Lynn Krupnik is an attorney with the law firm of Ekmark & Ekmark, L.L.C., where she has been practicing in the area of community association law since 1997. Ms. Krupnik is a member of the CAI College of Community Association Lawyers, and speaks and writes often on topics that affect community associations. Elaine Anghel is the Vice President of On-Site Communities with Associated Asset Management, LLC (AAM) and has been serving in the homeowner association industry since 1993.

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CAI MEMBERSHIP APPLICATION New Members

Welcome to the Central Arizona Chapter!

6402 Arlington Blvd., Ste 500 • Falls Church, VA 22042 Ph: 1-888-224-4321 • Fax: 1-703-970-9558 • Online: www.caionline.org/join MEMBERSHIP CONTACT: (where materials will be sent) Name: Title: Assoc./Company: Address: City/State/Zip:

The Central Arizona Chapter proudly presents and welcomes our new members from March, April and May.

Phone: Fax: Email: Select your Chapter:

Homeowner/Board Members: Mr. Erich Liermann

Individual Community Managers: Ms. Vivian Parra Ms. Angie Torrez Mr. Jeff Elkins

Associa Arizona Golden Vista RV Resort

Business Partners: Mr. Steven F. Bryner Express Mailbox Sales Service Repair & Maintenance Ms. Becky Sue Coates Lawns By Les, LLC Mr. Bruce Twersky Scoop Ur Poop Mr. Dennis Rusk ABC Glass Company Mr. Michael Zirnheld Alaska USA Federal Credit Union Mr. Tom Hamilton Delta Mechanical, Inc.

Central Arizona

Recruiter Name/Co. Name: TOTAL MEMBERSHIP DUES* Community Association Leaders & Homeowners q Individual Homeowner or Board Member $130 q 2 Member Board $225 q 3 Member Board $300 q 4 Member Board $390 q 5 Member Board $440 q 6 Member Board $495 q 7 Member Board $550 For 2-3 Board Member applications, please list the additional individuals who will receive materials. For applications exceeding three, please contact CAI Customer Care at 1-888-224-4321. Name: Address: City/State/Zip: Phone: Fax: Email: Name: Address: City/State/Zip: Phone: Fax: Email: Individual Managers Management Companies Business Partners q Accountant q Attorney q Builder/Developer q Insurance q Lender/Banker q Reserve Study q Supplier/Landscaper, etc. Please Specify: q Technology Provider *Membership Dues above include $15 Advocacy Support Fee PAYMENT METHOD q Check Enclosed

q VISA

q MasterCard

$139 $430 $590

q AMEX

Account #: CENTR AL A R I ZO N A C H A P T E R

Is your membership current? Contact Kayte Comes at (602) 388-1159 or kayte@cai-az.org.

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Name: Signature: IMPORTANT TAX INFORMATION: Under the provisions of section 1070(a) of the Revenue Act passed by Congress in 12/87, please note the following. Contributions or gifts to CAI are not tax-deductible as charitable contributions for federal income tax purposes. However, they may be deductible as ordinary and necessary business expenses subject to restrictions imposed as a result of association lobbying activities. CAI estimates that the non-deductible portion of your dues is 17%. For specific guidelines concerning your particular tax situation, consult a tax professional. CAI’s Federal ID number is 23-7392984. $39 of annual membership dues is for your non-refundable subscription to Common Ground.


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CAI E v e n t s

2015 CAI Tradeshow Kayte Comes, Executive Director CAI-Central Arizona Chapter

The CAI-Central Arizona Chapter held their annual tradeshow on April 17, 2015. Over 330 community managers and homeowner association board members traveled from all over the state to gather at the Glendale Civic Center and see what CAI had in store for this year’s show. As the tradeshow doors opened, guests were greeted by a man on stilts handing out popcorn and other goodies to showcase the carnival and circus theme. Ninety exhibitors dressed the part and welcomed guests to their carnival booths. Attendees enjoyed dart throwing, sword eating, the bearded lady and her strong man, as well ring toss and many other carnival games. Each exhibitor stocked their booth with company information, creative give-a-ways, games and raffle prizes, which gave attendees an entertaining opportunity to meet and greet each exhibitor. As the tradeshow came to a close, all participants gathered together in the venue’s patio garden for a fabulous catered lunch, libations and networking. After lunch, the fun continued with raffle drawings from many generous exhibitors. Community managers and homeowner association board members alike crossed their fingers in hopes of winning one of many fabulous prizes. In addition to the tradeshow, we added a charity event for CASS (Central Arizona Shelter Services). We asked our exhibitors and attendees to bring cases of water to give to the homeless shelter. Each day in the summer, this nonprofit organization goes through about 950 bottles of water. Our event helped support the shelter for a few extra days. A very special thank you to all who participated in this event! Although every booth was creative, a special recognition is in order for our booth exhibitor winners who had the best interactive booths: 1st Place: Integrated Landscape Management 2nd Place: Paramount 911 Restoration & Construction 3rd Place: DR Paint Marketing Boot Camp Winner: AZ Nonslip Solutions On behalf of the Tradeshow Committee, I would like to take the opportunity to thank all the tradeshow sponsors, exhibitors and volunteers. The 2015 CAI-CAC Annual Tradeshow was filled with excitement - this year’s theme was incredibly memorable, and we had record-setting attendance! See all of you next year at WestWorld of Scottsdale.

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Summer 2015

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community spotlight

Master Planned Community, Thriving in a Desert Oasis By David L. Jones, CMCA, AMS, Susan M. Richards, CMCA, AMS, Craig Wilson, Alexander Hanson and Joanna Loftus

When Dobson Ranch, a master planned community, was designed, water conservation practices were rudimentary. This community in southwest Mesa was developed in 1973 and is the home to over 15,000 residents. Over the years, residents have come to enjoy the lifestyle that the community has to offer. Dobson Ranch has eight lakes, parks, greenbelts, four large pools, a splash pad, along with tennis courts, pickleball courts, racquetball, volleyball, basketball, social events and three recreational facilities.

Dobson Ranch has a need for water. Our water resources come from two places; the City of Mesa supplies our domestic water needs and the water used in our homes and community for landscaping, pools and other domestic uses and from the storm water run-off that fills our lakes, which is supplemented from water impounded by the Salt River Project dams and canal system. Like all communities that use water in Arizona, Dobson Ranch is regulated by the Arizona Department of Water Resources. One requirement from ADWR is to educate homeowners to save water. Associate Water Director, Craig Wilson, and the Water Management Committee chaired by Ron Magaw, work together each year to educate homeowners on water conservation. They bring in vendors to show what types of material could be purchased and techniques to save the residents money on their water bill. The association also has found ways to save money. Water is precious and should not be wasted. Water conservation techniques have improved dramatically since Dobson Ranch was developed. Many of these improvements have and are now being used. For example, we now use a smart irrigation system and other procedures to save one of our precious resources - water. Dobson Ranch is blessed with open space with numerous parks, walkways, lakes and playgrounds. It is also blessed with mild winters that allow Dobson Ranch residents to spend many

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enjoyable hours in the parks and on our walkways. The summer months, however, bring days when the sun is high in a cloudless sky and a hairdryer like wind can blow. It is not much better when there is no wind. Those are the times residents hold themselves and their children indoors, a reverse of patterns followed in other climes. The residents of Dobson Ranch have asked for a park with lawn on which to play and hold events. Typically, the turf areas of the desert require extensive soil treatment to support a lawn that will withstand active use. A Bermuda turf does this nicely and provides a good strong carpet when growing. Bermuda turf tends to become dormant once the soil temperature drops below 65ยบF, while rye type grasses tend to die when soil temperatures exceed 85ยบF. One grass will not provide a year round lawn. The solution for Dobson Ranch is to plant a rye grass on top of the Bermuda turf in the fall for a green lawn through the winter months. Generally, municipal overseers frown on using municipal water to support over seeding for a winter lawn. How is this resolved? An acre of turf in Dobson Ranch will take 4.6 acre-feet of water per year, about 1.5 million gallons, to flourish. One unique feature of Bermuda grass is that it will survive under watering by going dormant if water is held at 80% of its normal water requirement.

The photo here shows a dormant Bermuda that has lost its luster for the three warmest months, while half a million gallons of water is saved; see the following figure for a description of reverse season irrigation plan.


It turns out the amount of water saved will provide for the establishment and maintenance of a winter lawn in the cool months as the evaporation is much lower. This we call reverse season irrigation.

Changes to accommodate the reverse season irrigation plan are made simply by programed changes within each smart controllers directed by the central computer. During the summer months, the controllers put down 80% of needed precipitation for the turf. Budgeting water makes sense during the warm season due to less residential use of the parks. The saved water is then utilized for over seeding; bringing Dobson Ranch’s parks back to top condition when the summer heat subsides. When the cold season turf is spread, controllers are updated with the info needed to meet watering needs of the grass. The end product allows for a picturesque green lawn for the Ranch’s many recreational activities.

Reverse season irrigation provides a lawn people can enjoy by saving water that would have been used when few people are around to water when a lawn is needed. The ease of establishing a reverse season irrigation program is quite easy to employ with a centralized irrigation control system. Hosted outdoor events include the Music in the Park, Halloween Spooktacular, Movies in the Park, Fall Festival, Bark in the Park, and Easter Eggstravaganza. Smart controllers have enabled the management of turf aesthetics, while additionally encouraging more efficient utilization of our water resources.

Dobson Ranch manages its turf in parks and common areas through smart controllers. These dispersed irrigation controllers (eleven total) are programmed from a central computer that is able to remotely adjust irrigation scheduling and settings. The central computer also gathers local weather data to evaluate temperature and precipitation. Information is then sent to each controller to account for needed weather adjustments, ensuring the appropriate amount of water reaches the grass. These smart controllers are a part of an ongoing ten-year project to improve irrigation of parks and common areas. The Ranch’s irrigation system has evolved from individually placed controllers at each park to a linked arrangement of controllers operating from a single data center. No longer must each controller be configured manually. Rather, individual changes or system wide changes can be made at the central computer, a labor saving tool.

“The best place to live,” is the motto of Dobson Ranch. Providing the residents of Dobson Ranch with the resources to live and play is a challenge in the desert southwest. The resources need to be protected and conserved not only now, but for the future residents of Dobson Ranch. In the southwest, water can be scarce and needs to be conserved by applying only the needed new and proven techniques. We harvest rainwater, have created a drought plan, have conducted sediment studies, we minimize turf areas, we maximize the use of desert adapted landscape and we continually educate ourselves about water saving techniques. This way, water is abundant to those who use it wisely. David L. Jones, CMCA, AMS, is the Executive Director of Dobson Ranch. Susan M. Richards, CMCA, AMS, is the Associate Community Director of Dobson Ranch. Craig Wilson has served as the Dobson Ranch Water Management Director for the past 15 years after retiring from a successful project manager career. Alexander Hanson is the Support Staff Specialist and has been working with Dobson Ranch Recreation for over 8 years. In 2014, he began assisting Craig Wilson with water management for the Ranch. Joanna Loftus has been with Dobson Ranch for 10 years and is currently serving as the Editor for the Ranchers’ Roundup newspaper.


Leading the Charge in the California Drought By Jerri Boone, PCAM

The current drought endured by the state of California is not its first rodeo. Between 1987 and 1992 the second driest period in California history ravaged much of our country, not the least of which, in the southwest. Fast forward nearly 20 years and front and center in the hearts and minds of many Californians is that precious resource that many, until very recently, have taken for granted - water. As a result of Governor Jerry Brown’s recent declaration of a mandatory 25% reduction in water usage property managers, board members, landscape companies in the homeowner association industry are putting their thinking caps on in order to develop working strategies to meet the statewide water reduction requirement. Impetus to adhere to the mandate is far-reaching, including fines and penalties that most association budgets cannot absorb. This effort cannot be accomplished in a vacuum. Many local California water districts have been actively working to get ahead of this issue. Chief among the strategies are turf removal rebate programs. Incentives are paid based upon the amount of water savings and can be as much as $.60 per 1000 gallons saved per year typically limited to 50% of eligible project costs. Incentive programs vary from city to city and the board of directors and their representatives should inquire with their respective city officials as applicable. Other options available to community associations in an effort to comply with the current drought restrictions are replacing overhead irrigation with rotating nozzles and drip systems. In addition, associations currently using smart timers are well served to use these to full capacity, including utilization of flow 14

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sensors and master valves. The Metropolitan Water District of Southern California offers no-cost landscape irrigation surveys in homeowner association common areas that have a minimum of one acre of irrigated land. Last but certainly not least – more plants die from over irrigation than under-irrigation. Weekly meter readings and monthly irrigation tests (while most likely not a part of the landscape contract) can be a productive tool in ensuring that associations are doing their part. Dispensing with the annual over seed regimen that can require considerable irrigation during the winter months can also be an easy way to conserve water. Ongoing education of association members through newsletters and e-blasts with topics ranging from runoff to artificial turf options to water saving modification of individual owner yards can have high impact with minimal impact on a community’s budget. The “landscape” of California is changing and it may not be by choice, but homeowner association leaders and its affiliates can choose to take steps to actively be a part of the solution with strategies at low to no cost. Leaders, like water, can sometimes be scarce. Communities throughout the Golden State can stand as a leader in combating the circumstances which we currently find ourselves.

Jerri Boone has worked in the community association industry for twenty years. She holds the Professional Community Association Manager designation and is an Executive Director of Management Services at Total Property Management in Irvine, California.


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Summer 2015

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You Can’t Conserve What You Don’t Measure By Moquey Marquross

With ongoing drought conditions and corresponding water shortages and with what seem like never-ending rate increases, many associations are looking for ways to conserve water to an even greater degree. The first step in water conservation is to identify where the water is going. This is simple for associations that have separate water meters for irrigation, buildings and/or units. However, for the great number of associations with common metering, this simple first step is impossible because irrigation, common use and residential potable water use is all lumped together at the district meter point(s). Not knowing for certain where water is being used, leads to waste! ‘Wasted’ water is the first place to start with any conservation plan because it is usually the easiest and least expensive change, often with the greatest result. Eliminating waste also has zero negative impact on the homeowners, unlike mandatory usage reductions or taking out landscaping. Examples of often unnoticed ‘wasted’ water include (listed in order of magnitude): toilet leaks, irrigation controller bypass, under-slab plumbing leaks, underground lateral pipe breaks, water softener/R.O. treatment system bypass, pool fill valves stuck and overflowing swamp or HVAC system humidifiers. These are all very common issues that can leak tens of thousands of gallons per month; in fact, a single leaky toilet can waste more water in a week than a family of four uses per month! Examples of noticeable wasted water include: over -watering or over-spraying onto hardscape, leaky fixtures and broken irrigation heads. All of these leaks are usually easy to see and often repaired quickly. How much water is wasted? In the average association with common metering, eliminating just the wasted water can usually save 12% or more from simply identifying and fixing leaks. Additional savings can be realized through usage awareness, landscape water management, low-flow fixtures, etcetera, to realize anywhere from 18% to 60%+ overall reduction in water usage. Depending on the rate structure of the providing water district, the dollars saved may even be multiplied since the water saved can often bring total consumption below the next tiered-rate step. How do you know where the water is going? Meter it! Depending on the plumbing configuration of the association, it may be possible to meter each individual unit, building, landscape quadrant/sector and/or pool house. While the 16

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most ideal scenario is to have separate meters on each unit (then each resident can also be separately billed for their usage), metering and monitoring the separate buildings and/ or landscape sectors can also show high-usage areas and substantially increase the ability to identify and repair leaks. Based on cost savings from eliminating water waste alone, the return on investment (ROI) for installing sub-meters is usually in the 6-18 month range, making these systems a very wise investment. Once the association’s water is sub-metered, regular meter readings can track the usage of each unit, building and/or landscape sector. Initially, this data can be used to identify constant low-flow leaks and anomalies (for example: Building ‘A’ uses 3x more water than building ‘B’ which is identical). Over time, this data can also show trends and deviations from baseline usage (a leak indicator), or be used to better manage irrigation watering and help with making more educated long-term decisions (for instance, how much water/ money can actually be saved by changing an area to xeriscaping). In today’s environment of continuing drought-induced water shortages and increasing water/sewer rates, many association boards are tasked with making tough decisions such as cutting back on landscape watering (to already drought-stricken/thirsty plants), increasing irrigation system efficiency, or removing greenscapes altogether. In reality, there may be just as much or more water to be conserved from leaks and household waste as there is from irrigation watering. When it comes to water management and conservation, knowledge is power, and without good data you are shooting in the dark at a moving target. Moquey Marquross has worked in private and public water and energy sectors for over 20 years, and is now the Managing partner at MeterNet. Moquey has an in depth view of all aspects surrounding water conservation, metering and billing.


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Summer 2015

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Changing Landscapes Require Less Water By Matt White

Plant material in today’s landscapes requires significantly less water. Efforts toward improvements in water conservation and water management in Arizona continue to be a significant consideration in the development of new landscapes, both in the commercial and residential real estate sectors. This can be recognized by observing the evolving landscapes in our communities over the last 20 years. The communities developed in the 1990’s were generally comprised of a shrub pallet consisting of pink oleander, asparagus fern, cassia, juniper, yellow lantana, myoporum and pittosporum. Eucalyptus, pine, olive and palms were often the dominating tree species. Plant densities also increased in new landscape designs. None of these aforementioned species were necessarily low water use and all required high maintenance. Historically, the dominant maintenance trend within this period yielded sheered “beer can” shaped shrubs of almost every variety. This prescribed trimming technique required the “affected” plant material to absorb more water to repair the damage the trimming had caused. Moreover, and an even less successful trend of the 90’s were irrigation systems supported by inefficient bubbler emitters. Excessive watering and composed of components prone to damage and failure, bubblers were famous for sending streams of water into the air like mini-Bellagio fountains. 18

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As the housing boom continued into the 2000’s, we started to see a continued increase in the density of plant material. They were often planted within one or two feet of each other, with no room to grow. It seemed like there was a race to install more plants than the community across the street. We started to see more bougainvillea, sage, lantana (more than just yellow) and accent grasses. There was an uptick in desert trees, such as mesquites, ironwoods and palo verdes. Turf became relatively abundant in every new park. Water conservation just seemed to be less important back then. Demand for lush landscapes persisted and it seemed the only way to get there was to plant more, large, high water use plant material. Between 2007 and 2010, there were not a lot of new communities being built nor older communities being upgraded. We planted very little of anything during this time. As the housing market improved, the landscape shifted. In some cases, density was reduced to municipal minimums and architects had to amend plans to meet tighter budgets. By 2013, the housing market was moving again. There was a shift in the landscape architect’s designs to a more desert adapted and drought tolerant landscape. Nurseries were growing succulents, agaves and specific aloes, plant material


we hadn’t typically seen in commercial landscapes. These designs also had plants that required far less maintenance. Compounding this trend, there had been a total shift in landscape maintenance practices, as the landscape industry and its trade organization educated the community on proper horticultural practices resulting in healthier plants that bloom more and require less water. Plant material is being selected where the plant leaves provided the contrasting color accents and the blooming cycles provided a second push of color. “Nurseries are growing more dwarf versions of desert plants as well as varieties of thornless desert trees. They are constantly cloning and hybridizing plants and trees for variations in flower color, bug resistance and heat tolerance,” says Certified Nursery Professional Lori Stewart. Additionally, we are seeing much less turf, with our turf installation at 80% of what it was in 2006. We have increased our desert and desert adapted trees installed to over 50% of where they were in 2006. Irrigation technology has also improved in the last 20 years. We now have “Smart Controllers” that irrigate based upon local weather conditions or soil moisture content. We now irrigate trees and shrubs with emitters that adjust based upon plant needs. Even the sprinklers for turf areas have improved. According to Shane Grim, Director of Estimating for Caretaker, “more large communities are using flow sensors which measure the amount of water being used, so if there is a break in the middle of the night, the flow sensor shuts off the system until the break is repaired.” Currently, the trend continues. The landscapes we are installing today are more vibrant, more interesting, require less maintenance and significantly more water efficient. Nice work to the efforts of our amazing landscape architects and nursery professionals. Our landscapes have never been more beautiful!! Matt White, CDLP, SLM, MBA is the President/ CEO of Caretaker Landscape and Tree Management. He joined Caretaker, Inc. in 1988 as a laborer. He graduated from the University of Arizona in 1997 and returned to Caretaker in 1998.

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Valhalla Community Magazines To see what our communication tools can do for your community, visit www.valhalla360.com or call (480) 634-1708. Summer 2015

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Poly to PVC Conversion: Underground and Out of Mind By Tony Amezcua

Our hot desert environment can take a toll on just about everything, from the paint on your vehicle to your patio furniture. And even though it’s underground and out of the baking sun, your community’s irrigation system may not be exempt. That’s because most valley communities have drip systems made using polyethylene piping, known as “poly”. Poly pipe is flexible, soft and easy to install. However, our harsh climate and dry ground are not kind to poly piping, causing it to crack, split and break down over time. Besides taking a beating from our harsh climate, poly lines are also susceptible to other kinds of damage — which bring secondary landscape costs. For example, plant roots can cause damage when they grow around poly lines, pinching them off. Without repairs, these pinched lines will keep water from getting to plants downstream, eventually killing them. In addition, broken poly lines can cause irrigation water to gush and flood your landscape, resulting in erosion. Finally, rodents — such as gophers — love to chew poly lines, creating more leaks. Communities with deteriorating poly systems often see their irrigation repairs increase dramatically —by as much as 30% — over just a few years when their systems start to wear down - and that’s in addition to increased water costs caused by leaking pipes. A great, more long-lasting and durable alternative to poly is polyvinyl chloride pipe, also known as PVC (hard pipe). PVC will last for decades if installed properly, will help prevent water loss and does not degrade in our desert environment. In addition, PVC is less susceptible to damage from rodents and plant roots. 20

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COST OF CONVERSION If you have a poly irrigation system, start planning and budgeting now for replacing the in-ground components after they are about 13-18 years old. Keep in mind that depending on the size of your community, pipe conversion is a phased project, typically spanning 3 to 7 years. The average cost of a poly to PVC conversion ranges from $5 to $6 per linear foot. Factors that affect the cost include: • Plant density - A high plant density means there will be more material to replace. • Location of pipes - Are the pipes in open fields or in tight, confined spaces? Are they near utility lines or under hardscape? Irrigation components that are easier to access will be less expensive to replace. • Ground quality - Hard, rocky ground means a tougher dig and more equipment — two factors that could raise your costs. Because large-scale irrigation system repair and replacement like poly to PVC conversions happen less frequently than other items in your budget and can be a big undertaking, it’s important to properly plan years in advance. But while a conversion project adds to your budget now, it can save thousands in the future in decreased repair and water usage costs. And — most importantly — it will help preserve your existing trees and plants. Tony Amezcua is a Field Manager for DLC Resources, Inc., and coordinates the day-to-day landscape operations for HOA communities. He has more than 10 years of experience in the landscape industry.


H2O Glossary By Sarah Sukta

There have been some crazy storms, floods and water scares in Arizona this past year. Since this issue focuses on HOA’s and H2O - how much do you know about water? Below is a sampling of water terms relevant to the Phoenix landscape. Some of these terms, such as “aquifer,” we learned in grade school, and others we may hear, such as “grey water,” but maybe don’t completely understand. Check out the water terms below: 100-year flood – This is not a flood that occurs once every 100 years, but rather the 1% probability (1 in 100 chance) of a flood from heavy rainfall happening in any given year. Remember when I-10 turned into a lake?

Irrigation – A manmade system to meet water demands not met by rainfall. Irrigation plays an important role in watering crops.

100-year storm – Just like with a 100-year flood, this refers to the 1% chance of a large storm occurring in any given year. To complicate things more, a 100-year storm does not necessarily mean there will be a 100-year flood.

Levee – A barrier (manmade or natural) at the edge of a body of water.

Aquifer –A body of permeable rock that can contain or transmit groundwater.

Potable water – Water that is suitable for drinking.

Evaporation – When liquid water becomes water vapor. Flash Flood – A sudden rush of water through local riverbeds or urban streets. In Arizona, you really have to be mindful of flash floods because even a small amount of water can cause extreme damage due to our ground being very hard and unable to soak up extra water, as well as our drainage systems not being built to accommodate an extreme volume of water in a short period of time. Flood – The temporary overflow of water onto dry land or urban streets caused by heavy rainfall or levee failure. Floodplain –An area of dry land that is susceptible to floods. Believe it or not, there are floodplains in Arizona. Check out the floodplain viewer for Maricopa County here: http://gis.fcd. maricopa.gov/apps/floodplainviewer.

pH – The measurement scale used to gauge the acidity of water.

Reclaimed water – Water that is treated and restored to be used again. This water can be used for irrigation, aquifer recharge or decorative fountains, among other uses. This water is typically not meant for human or animal consumption. Reservoir – A manmade or natural pool of water such as a lake, basin, or pond to store water. Wastewater – Water that cannot be reused without being treated. Water table – The surface of the water in an aquifer. Measuring the depth of the water table is important for digging wells, building construction, and resource management. Xeriscape – Landscaping that utilizes low maintenance plants that need little to no water. Does your HOA mandate xeriscape for front yards?

Fresh water – Water not containing much salt, such as natural rivers or lakes.

To learn more about water and the environment in Arizona, check out these water resources:

Grey water – Wastewater that can be recycled from things such as bathtubs, sinks, and washing machines.

ADWR – Arizona Department of Water Resources - http://www. azwater.gov

Groundwater – Water that seeps through the ground and fills underground wells and springs.

ADEQ – Arizona Department of Environmental Quality - http:// www.azdeq.gov

Hard water – Water that contains the minerals calcium and/ or magnesium. Most of Arizona’s water supply is hard water; think of the white film you sometimes see on glass.

Sarah Sukta is the Director of Marketing for eUnify, cloud-based community management software for HOAs and community managers, and iColligo, HOA collections software for lawyers. She has an educational background in Landscape Architecture and earned a Masters of Business Administration from Arizona State University.

Summer 2015

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Can Reserve Funds be used for Drought-Friendly Landscape Renovations? By DJ Vlaming

The southwest has been in the middle of a major drought for quite some time, so many of our clients are asking this question as they try to be both “good citizens” and financially responsible. The answer to the title question is “Yes, but…” Landscape renovations can be classified as a reserve project if they meet the National Reserve Study Standards’ 4-part test: 1. The project is a common area maintenance responsibility 2. The project has a well-defined useful life interval 3. The project has a predictable remaining useful life 4. The project is above a minimum threshold cost of significance Many associations already have landscape-related projects in their reserve study, the most common being irrigation controllers and replenishing decomposed granite (“DG”). Some also have landscape renovation projects to periodically freshen up the appearance and health of plants at community entrances. If your association currently has a landscape renovation reserve component, those funds could be used for re-planting and re-designing with drought-tolerant species. If you wish to add such a line item to the reserve study, get some guidance from your reserve and landscape professionals to select an appropriate useful life, remaining useful life, and scope. Remember, an addition of this nature will result in an 22

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increase to your reserve contribution rate. If you find that a $50,000 landscape renovation project would result in a projected $50,000 water savings over 3.5 years, and if your reserve balance can support that magnitude of an expense without delaying necessary reserve projects, an updated reserve study can provide the documentation necessary to make this multi-year, zero interest loan from reserves to operating. Just communicate the plan with your reserve analyst and get it added into your next reserve study update. A few additional points: • Make sure the project meets your architectural requirements. You don’t want to replace grass in the common area with artificial turf if you’ve been denying homeowner requests to do similar projects in their front yards! ‘ • If you are installing artificial turf (or something else that will need renovation or replacement), remember to add it to your reserve component list! • If you make design changes to your landscape, think 10, 20, or 30 years into the future. The current drought may be temporary, and because of its cost, you’ll want to enjoy your new landscaping for decades into the future. DJ Vlaming, RS, is the President of Association Reserves-Arizona.


Dogs Left in Cars Risk Heatstroke and Death By Lydia Peirce Linsmeier, Esq.

Children This Summer are at Risk of Hyperthermia in Cars By Greg Roberts

It can happen to anyone. A change in routine, running late or simply being preoccupied with daily tasks. All may lead to a child being inadvertently locked inside a vehicle. It is a gutwrenching feeling. A slip of the mind that can lead to serious health issues, even death, for a child locked and left inside a vehicle during extreme temperatures. With the start of summer just around the corner, safety thoughts turn to keeping loved ones cool in the sweltering summer months throughout the greater Phoenix area. As temperatures rise, a growing concern of parents and caregivers is accidently leaving children in locked cars. As a nation, we experienced too many deaths last year that could have been prevented. According to KidsAndCars.org – a public safety awareness website for child safety around automobiles: • On average, 38 children die in hot cars each year from heatrelated deaths after being trapped inside motor vehicles. • In 2014, there were thirty-one heatstroke deaths of children in cars in the United States. • In the previous year, 2013, there were forty-four heatstroke deaths of children in cars in the United States. • The total number of U.S. heatstroke deaths of children left in cars from 1990 through 2013 is 717. To help prevent accidently locking and leaving children in automobiles, consider the following: • Keep vehicles locked at all times, even in the garage or driveway, and always set the parking brake. • Put something you will need like your cell phone, handbag, employee ID or briefcase, etc., on the floorboard in the back seat of your vehicle • Keep a large stuffed animal or favorite toy in the child’s car seat when it is empty. When the child is placed in the seat, put the stuffed animal or toy in the front passenger seat. It’s a visual reminder that anytime the stuffed animal or toy is up front you know the child is in the back seat in a child safety seat. Simple steps like the above can go a long way in preventing a child from being locked and left in a vehicle - and experiencing potential tragedy. Greg Roberts is the owner of Pop-A-Lock of Phoenix, offering automotive, residential and commercial security and locksmith services.

Hundreds of dogs across the United States each year die from heat exhaustion after being left in a parked vehicle. The extreme summer heat in Arizona leaves dogs at particular risk for illness and death after being left in the car. On days when the ambient temperature is 72 degrees, which is mild for the Phoenix area, internal vehicle temperature can reach 117 degrees within one hour, with 80% of that temperature rise happening in the first thirty minutes. If the car is in the sunshine and not shaded, that number changes to 75% of maximum temperature within five minutes.* The State of Arizona has addressed this serious issue with Arizona Revised Statute §13-2910 which states in pertinent part: A. A person commits cruelty to animals if the person does any of the following: ... 7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result. Leaving a dog in a hot vehicle is a crime in Arizona. Parking in the shade, cracking the window, and ‘just for a few minutes’ do not work. Furthermore, law enforcement and animal control personnel are not responsible for any reasonable damage that occurs to the vehicle while your dog is being rescued. Be safe and leave Fido or Fifi at home this summer when you run errands around town. Your pet will thank you – and a potential tragedy will be prevented. * Catherine McLaren, Jan Null & James Quinn, Heat Stress From Enclosed Vehicles: Moderate Ambient Temperatures Cause Significant Temperature Rise in Enclosed Vehicles, 116 Pediatrics 109, (2005). Lydia Peirce Linsmeier, Esq., an associate at Shaw & Lines, LLC, has developed a unique practice area that is sensitive to the role of companion and service animals in a community association setting. She currently serves as Chair of the State Bar of Arizona Animal Law Section.

Summer 2015

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Working With Landscape Contractors to Conserve Water By Bobbie Potts

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According to a growth study published in 2014 by the New York Times, Arizona growth is on the rise and becoming more popular for retirees on the west coast. The study also shows that Arizona ranked 30th in 1987, but now ranks 8th in the country. More and more Arizonans are staying put. What does that mean for Arizona? On the positive side it means commerce and jobs. With our fair sunny weather and quick access to many different geographic settings such as Sedona and Flagstaff, it is no surprise that Arizona has become an attractive place to live. The dimmer side, however, means more people must share our rapidly depleting water resources. This, coupled by the extended drought and alarming news of water restrictions in California, has made Arizonans uneasy. There have been multiple articles and websites dedicated to helping residents reduce their water use. There are also helpful sites that can help communities reduce their water use and gain economic savings through cities and grants.

Here are some suggestions to get started:

Aside from farmers, commercial, retail and community associations use the largest amounts of water. Communities will be some of the first to feel the squeeze when the water situation becomes critical. Pricing will climb and major restrictions will be implemented. Because landscape irrigation is one of the largest expenditures for communities, it would be prudent to start looking and applying water saving measures before the crunch hits. Partnering with the communities’ landscape contractor is critical and the best way to start the process of reducing water usage. Thirsty landscapes can quickly drain tight community budgets. There are multiple ways to enlist the help of your landscape contractor to tackle common water management challenges.

2. Make sure the landscape contractor is overseeing the adjustment of controller schedules as often as needed. Controllers should be adjusted monthly at a minimum to compensate for season, humidity, wind and rain. This should be performed by one person and not by multiple people. Controllers being handled by multiple people generate a higher likelihood of error. This also eliminates problems in finding the one person responsible when irrigation problems arise. Finally, and most importantly, the landscaper should be monitoring the property for turf, tree and plant stress. Irrigation systems should be adjusted often to address the water needs of the trees, plants and turf not by a set schedule.

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1. Have the landscape contractor or a certified irrigation auditor conduct a water evaluation of the landscape. A good irrigation system evaluation will help determine where there are leaks, broken valves, clogged spray heads or uneven water coverage. According to the City of Chandler website conducted in 2013, eleven (11) HOA’s conducted water audits and saved a combination of 5,089,000 gallons in the first year post audit. That is a lot of savings. This far outweighs the nominal cost the landscape company may charge to perform a thorough audit. A good landscape contractor will be able to compile previous water records, perform water-use studies, measure irrigated sites, identify plant materials by general groups, determine the irrigation water requirements and be able to estimate the potential water savings.


Controllers should never be set and forgotten. This leads to high water loss and in many cases tree and plant loss due to incorrect watering practices. 3. Outdated and worn out irrigation systems should be replaced. There is an expiration date for your irrigation system. Do your homework to find out when the system was installed, upgraded, or replaced. If this hasn’t been done for several years, chances are the system is inefficient and wasting water. Technology has come a long way with new systems. There are now systems available that reduce water loss through evaporation. There are also parts that are stronger and smarter like the new flow sensor that prevents damage from breaks and smart enough to adjust to high or low flow conditions. Installing a new updated irrigation will benefit a community in economic savings up to 30% in some cases! 4. Ensure turf, shrubs, and trees are watering on different valves. Turf, shrubs and trees have vastly different water needs. Many landscapes have their turf and shrubs on the same valve, or trees and shrubs on the same valve. This is not the best or most efficient way to water the landscape! While the turf may be getting enough water, the shrubs that are on the same valve are drowning. Another example is a mature tree with deep root system sharing the same turf valve may only receive a minimal amount of water needed because the turf watering schedule that waters the top 12” will not water to the 2’-3’ depth the tree needs. Not only is this detrimental to the landscape, it wastes a lot of water and can add up to large landscape charges through the years in lost plants and trees. 5. Provide and insist on as built irrigation plans. Having irrigation plans makes a world of a difference for the current landscape contractor, as well as any landscape contractor taking over the property in the future. Having irrigation plans ensures that the system is being evaluated and updated often. It also helps identify where controllers and valves are. This saves the landscaper time when hunting for stuck valves, problems with controllers or other issues that typically develop in irrigation and leaving more time to spend repairing broken valves and sprinklers. This keeps the irrigation system in top shape. 6. Insist on proper landscape cultural practices. The landscape community has come a long way in understanding and learning about the proper ways to maintain a commercial landscape. Now there are many great resources where landscapers, community managers, and community board members can learn about the most efficient ways to maintain a community landscape. Education about proper cultural landscape practices have taught the industry it is important to

implement these practices to reduce the need for so much water. Some of these include: • Proper pruning practices. If a shrub is continually sheared into balls and cubes, it will require more water because of the stress it endures from the constant cutting. Shrubs should be manicured within its natural state and should only be pruned back (also known as cutbacks) once a year to regenerate or reduce sizing. • Turf, trees and shrubs should be fertilized according to their needs. Fertilizing turf, trees and shrubs helps them maintain health and vigor, requiring less water as it matures. • Maintain a weed free environment. It is a no brainer that weeds rob resources from the desirable plants, trees and turf. By keeping landscape areas weed free, the desirable plants will have full access to the water and the other resources available. • Maintain proper mowing heights for turf. While cutting the grass short may seem like less maintenance, it really isn’t in the long run. Cutting more than 1/3 of the height at one time will stress the grass and will require more water. • Finally, get rid of the turf! Turf in common areas of a community are huge drains on water. Converting turf areas to granite that aren’t being utilized such as in a park or playground, will have huge ongoing economic benefits. Native or desert adapted trees and shrubs use a quarter of the water that turf or non-desert or nonnative plants do. Desert landscape designs can be just as beautiful because drought tolerant shrubs and trees don’t have near the stress or water needs their cousins to the north in more humid areas do. A good landscape contractor should be able to offer some acceptable and desirable designs that suit the community’s aesthetic needs and desires. Arizona will continue to be a wonderful place to live and play as long as we are responsible with our most valuable resource. Other states are struggling with water restrictions while we still enjoy the freedom of being able to water our yards, or do activities like wash our cars and doing what we need to do with our water. These freedoms are important and it is imperative to evaluate where the state is with its water resources and making a plan to do better at conserving them moving forward. The Sonoran Desert has a beauty that is unique and beautiful from the entire country. Taking plans from Mother Nature’s playbook will not only enhance its’ communities, but will leave opportunities for the next generation to live, play and enjoy all Arizona has to offer. Bobbie Potts, a 5th generation Arizona native, has been working in the landscape/nursery industry for about 7 years. Bobbie has a Sustainable Landscape Management certification, and currently serves as the Business Development and Marketing Director for Desert Classic Landscaping.

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Arizona’s Political Makeover: Love It or Hate It, It’s Here to Stay By DeMenna & Associates

Arizona just had a serious political makeover, and whether you like the new look or not, it’s here to stay. The transformation began in early November of 2014 when an uncharacteristically low number of Arizona voters elected new statewide leadership, lawmakers, and a variety of other highranking positions in state government. The makeover occurred despite this dip in voter participation. Former State Treasurer Doug Ducey defeated challenger Fred DuVal by a whopping 12 points to replace Jan Brewer as Governor. Former State Senator Michele Reagan defeated former Arizona Attorney General Terry Goddard to replace former Senate President Ken Bennett as Secretary of State. Former Arizona Department of Gaming Director Mark Brnovich (pronounced “Burn-O-Vich”) bested attorney Felecia Rotellini to replace an embattled Tom Horne as Arizona’s Attorney General. Horne wrestled with allegations of campaign finance violations, and a slew of other issues throughout his campaign. Businessman and political newcomer Jeff Dewitt replaced now-Governor Doug Ducey as State Treasurer. Dewitt ran unopposed in the general election after defeating Hugh Hallman, the former Mayor of Tempe, and Randy Pullen, a former Chairman of the Arizona Republican Party in the primary election. Finally, former

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Peoria Unified School Board President Diane Douglas replaced State Superintendent of Public Instruction John Huppenthal by defeating challenger David Garcia, who boasted a lengthy resume in education. The political complexion of the legislature changed considerably as well. Democrats had their sights set on expanding their margins in 2015, but Republicans easily maintained control of both legislative chambers. In 2013, the GOP held a strong majority with 17 Republicans in the 30-member Senate, and 36 Republicans in the 60-member House. Arizona’s newest legislative makeup mirrors that of the 2013-2014 legislature; however, the current membership is noticeably more conservative. And roughly a third of Arizona’s lawmakers are brand new to the process. In addition to the fresh faces, the legislature elected new House and Senate leadership, including the first House Speaker from Southern Arizona in 28 years. Senator Andy Biggs, a Gilbert Republican, maintained his post as Senate President - the only holdover from the previous Senate legislative leadership team. It’s clear that Arizona has a brand new political regime, and the turn to “The Right” – best reflected in the 12 percentage-


point Ducey victory – is unmistakable. For the foreseeable future, Arizona is a decidedly Red State.

legislative session), lawmakers managed to introduce 1,163 bills, and 324 of those received Governor Ducey’s signature.

With this change in leadership, it was safe (and correct) to assume that the new management would have a different way of running the show.

Of course, Arizona’s annual legislative exercise would not be complete without the perennial barrage of HOA-related legislation.

For the last 15 years, legislative sessions have averaged roughly 130 days in length. Under Brewer’s administration, sessions averaged 125 days, and when Napolitano was Governor, sessions routinely ran in excess of 150 days. But with Ducey, new lawmakers, and new legislative leadership, the 2015 session wrapped up its work in an astonishing 81 days – the shortest since man landed on the moon.

Every year, the Community Association Institute’s (CAI) Legislative Action Committee (LAC) and its lobbying team work to ensure that HOA-related legislation is both sensible and functional. As an advocate for HOAs and their residents, CAI’s reputation continues to grow. The organization has set itself apart as one that supports straightforward and understandable HOA policies; a refreshingly unique approach acknowledged by both Arizona’s policymakers and their staff.

Again, this was a serious political makeover. Every year, the state budget is the legislature’s top priority. But the budget is typically one of the last items to be tackled, with tedious negotiations often spilling over well into June (leaving lawmakers and staff dreaming of Southern California beaches). This year, however, the new Governor took a much different approach, and worked with lawmakers to garner support for a state budget that was approved in early March. A few short weeks later, it was clear that the legislature was poised to adjourn for the year, and on Friday, April 3rd, 2015, at 3:37 a.m. the First Regular Session of Arizona’s 52nd Legislature adjourned Sine Die. Similar to previous sessions, the push to adjourn was a marathon - this one lasting over 19 hours. The Senate, after becoming increasingly frustrated with the House’s pace, made the unilateral decision to Sine Die at 1:07 a.m. The Senate’s action sent the House into a scramble as lawmakers rushed to identify, and continue voting on, bills that only required House approval before reaching the Governor’s desk. In the final day of session, the House and Senate managed to send 73 bills to the Governor. Notable measures include legislation to regulate ride-sharing companies like Uber and Lyft, and a last-minute fix that will allow Arizonans to obtain REAL ID compliant licenses. Unless stated otherwise, the general effective date for this year’s legislation to become operational is July 3rd, 2015. Interestingly enough, in this condensed window of time, lawmakers managed to process the same number of bills as they have in the past. Every session for the last 15 years, legislators have introduced an average of 1,239 bills, and an average of 326 bills are signed into law. In the 2015 session (which was roughly 38% shorter than your average Arizona

CAI’s impact on HOA policymaking is undeniable. The organization, as it does every year, played a role in every HOA bill that advanced during the 2015 legislative session. In the waning days of session, and under the LAC’s direction, over 5,400 community associations and 17,000 individual home owners came together to voice their opposition to a pair of HOA bills that would have created an array of unintended consequences for HOA boards and elections. The LAC’s legislative efforts, reinforced by their lobbying team, do not often produce tangible results. Regardless, CAI should be proud that the organization successfully worked to ensure that a number of shortsighted proposals were defeated – and many never saw the light of day. The overall reduction in the number of HOA-related measures introduced every session also speaks directly to the LAC’s constituent-driven efforts, aimed at tackling issues at the local level - before they take the form of legislation. As we look ahead to future sessions, it is critical to focus our efforts on educating new policymakers about the best way to tackle HOA issues, while simultaneously preparing for the next assault on the laws governing Arizona’s HOAs. Finally, it is important to recognize that the successes of each session could not be possible without the volunteers who serve on the LAC, and the time they dedicate to crafting better public policy. These volunteers work to ensure that the makeover, no matter how large or small, is a good one.

DeMenna & Associates is a Phoenix based government relations, public affairs and political consulting firm. With nearly 60 sessions of combined experience among our team, the firm provides lobbying and consulting services intended to make a difference – influencing legislative opinion in virtually every manner possible.

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Annual Sponsors

CAI - Central Arizona Chapter

2015 Annual Sponsors

DIAMOND SPONSORS Carpenter Hazlewood Delgado & Bolen, PC. FirstService Residential Maxwell & Morgan, PC

HOA Community Roofing Experts Since 1971

copper SPONSORS Vial Fotheringham LLP Lawyers GOLD SPONSORS Brown| Olcott, PLLC. CCMC Community Association Underwriters of America, Inc. DLC Resources Metro Phoenix Bank Roofing Southwest Shaw and Lines, LLC SILVER SPONSORS Alliance Association Bank Associa Arizona Association Capital Bank BlueStar Landscape Burdman & Shore, PLLC Burns Pest Elimination Butler Hansen Desert Classic Landscaping Dynamite Paving & Sealcoat Goodwill Commercial Maintenance HOAMCO - HOA Management Company Integrated Landscape Management LLC Kasdan LippSmith Weber Turner, LLP Mutual of Omaha Bank Paramount 911 Restoration PPG Paints Republic Services Sherwin Williams BRONZE SPONSORS Allied Barton Security Services ALPHA Community Management Benjamin Moore & Co. Brown Community Management, Inc Caretaker Landscape & Tree Management CBI Consulting and Construction Mgmt. CLC Enterprise Painting Ginsburg & Dwaileebe CPAs, LLP Holbrook Asphalt Co. Metro Property Services PMG Services SealMaster AZ The Travis Law Firm, PLC Transcend Security Solutions, Inc Union Bank HOA Services Urban Tree Care, Inc. 28

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• All Roof Types • Re-Roofing • Free Inspections • Phased Roof Projects • Board Presentations • Maintenance Plans

(800)-235-2669 RoofingSouthwest.com

Thank you for helping us make our first

25 years

successful!

www.dlcresources.com


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C o n g r at u l at i o n s Corner

AMS Designations Sun Lakes Homeowners Association II Mr. Steve Nolan Vision Community Management Mrs. Rachel Dugall CMCA Designations Ms. Maria Emma Kroum Sun Lakes HOA #1, Inc. Mrs. Kelly Haynes LSM Designations FirstService Residential Ms. Vanessa Dreyer

Congratulations Corner “Dollar a Door” Legislative Action Committee Campaign 2015 Corporate Community Sponsors Alan Lezak Gainey Ranch Community Association Ginsburg & Dwaileebe CPAs LLP Leisure World Arizona Community Association Metro Property Services Recreation Centers of Sun City West Inc. Scottsdale Ranch Community Association Sun City Grand Community Association Verde Groves HOA Westbrook Village Association 2015 Community Involvement Partners Ahwatukee HOA Apache Wells II Association Reserves AZ LLC Central Square Association Fountain of the Sun Homeowners Association Spectrum Management Associates

Volunteer of the Year Awards for 2014 MEMBER OF MERIT Member has contributed extraordinary service and time to the growth of the Chapter. This award may be given to a manager or a business partner who displays integrity, reliability and the ability to interface with managers, business partners, homeowners and other industry professionals. MIKE KUZMIN, PCAM Vice President, FirstService Residential In 1997 after serving 20 years in the oil industry as General Manager of international supply operations, Mike Kuzmin joined FirstService Residential, formerly Rossmar & Graham, as a compliance coordinator. Within a few months he was assigned to a master-planned community as a community manager. He performed this function until 2000, when there was an opportunity to support the community managers of FirstService Residential, and he was promoted to general manager. During this period of time, Mike realized the

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importance of education in the community management field and commenced taking CAI management courses with a goal of attaining his PCAM. In October 2003, Mike completed this goal and was certified as a Professional Community Association Manager. That was a great year for Mike as he was also promoted to Vice-President! Mike supports the community association industry by participation in educational opportunities, and also helps homeowners and associations who may not have the financial ability to do it on their own. It’s important to give back to our communities whenever possible! Mike managed the Scottsdale portfolio division until 2005 when FirstService Residential Arizona opened a new office in Peoria, Arizona. He has been leading the West Valley Division ever since. Over the years, Mike has served as a volunteer instruction for homeowners association board training seminars for several Arizona cities including Glendale, Peoria, Goodyear and Surprise. Some of Mike’s other achievements: • CAI- M 100 Exam Administrator • City of Glendale Community Spark Award- Certificate of Recognition • Arrowhead Ranch Independent Newspaper HOA Question and Answer column • September 2014 FirstService Residential-Arizona Presidential Award BUSINESS PARTNER OF THE YEAR Created to recognize business partners in good standing for their contributions in time and resources for the betterment of the Chapter. Jeni Meyers Director of Business Development, Goodwill Commercial Maintenance Jenifer Meyers, Director of Business Development for Goodwill Commercial Maintenance, has been actively involved in all facets of the property service industry for nearly 15 years. She has also been an active member of CAI-CAC during this time. As a CAI member she has worked on and chaired multiple committees and multiple events, including the recent addition of the Business Partner Committee. Jeni truly enjoys CAI and reaching out to new vendor members and mentoring members in getting the best out of their memberships, even sharing her years of experience teaching marketing classes. Since joining the Goodwill Commercial Maintenance team, Jeni has become certified in Sustainable Landscape Management and is studying to become a Certified Landscape Professional as recognized by the Arizona Landscape Contractors Association. She also holds the designation of Certified Manager of Community Managers with CAI.


Diamond Corner

Diamond Corner The CAI Central Arizona Chapter wants to thank our Diamond Sponsors, whose contributions assist us in preserving, protecting, and enhancing the industry. Our Diamond Sponsors contribute at the top level to our organization and are recognized in each issue by providing helpful information to our members. Carpenter, Hazlewood, Delgado & Bolen, PLC As lawyers, we often hear from managers or directors that the board “can’t make a decision”. At first blush, that seems baffling. The directors are elected by the members to make decisions for the association. They have a duty to act in the best interests of the corporation. Yet, they often feel tied up by a practice of “decision by consensus,” or “let’s find out what the community wants,” or “what’s a motion?” Boards owe it to their constituents to study, know their documents, listen to advice, then make actual motions and vote on those motions. There is nothing that says “no motions can be made until there is a consensus.” There is nothing that says the community has to be polled before board action (in the absence of very specific issues in documents like selling common area). Make motions and vote on them! Maxwell & Morgan, P.C. Many condominium associations pay one water bill for the entire community. As a result, there is little incentive for individual

owners to conserve water or check and repair leaky fixtures in their units. One way for a condominium association to encourage water conservation and reduce water bills is to install water sub-meters at each unit if allowed by the association’s governing documents. FirstService Residential The Arizona summer monsoon season, while incredibly magnificent and beautiful, can produce heavy rainfall, strong gusts of wind, and even dangerous mud slides. Towards the end of June, we start to see more activity in our weather as the low pressure from the desert heat yield storms with substantial rainfall. Arizona communities need to be prepared for this nearing monsoon season by ensuring that all storm drainage systems are clean and free of any clogs or debris. Your trained community manager should be monitoring the state of your storm drainage systems and working with your licensed professional vendor to include dry well maintenance, culvert cleaning, tank cleaning, and removal of all debris. For condominium and townhome communities, it is crucial that the rooftops be cleared of all debris to guarantee that the scuppers and rain gutters drain efficiently. By ensuring that the appropriate maintenance has been completed prior to our Arizona monsoons, your community will be set up for success when the flood rains fall.

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Calendar of Events

2015 CAI-CAC Event Calendar

AUGUST 11th Business Partner Speed Dating with FirstService Residential Location: FirstService Residential Education Room September 3rd

New Member Breakfast Club Location: Metro Phoenix Bank 4686 E. Van Buren, Phoenix Sponsored by – Metro Phoenix Bank

15th CAI – Central Arizona Educational Lunch – Professional Speaker: Julie Adamen Adamen, Inc. Location: Hilton Phoenix Airport 2435 S. 47th St., Phoenix 23rd-27th Large-Scale Manager’s Workshop Location: Fairmont Scottsdale Princess Scottsdale October 1st-3rd

PMDP M-100 Phoenix, AZ Location: Sheraton Crescent Hotel 2620 W. Dunlap Ave., Phoenix

8th-10th

CEO-MC Retreat Location: The InterContinental Hotel New Orleans, LA

15th

Annual Sponsor Appreciation Night Location: First Citizens Bank 14650 North Northsight Blvd., Scottsdale

22nd

PCAM Roundtable Discussion (Breakfast) Location: TBD Sponsor: TBD

26th-27th

CED Retreat Location: Washington, DC

Hello, I am an Ad.

November 5th CAI Member Happy Hour Meeting Sponsored by – EmpireWorks Painting Location: Thirsty Lion Tempe Market Place 10th

CAI –Central Arizona Chapter Educational Lunch & Annual Meeting Location: Hilton Phoenix Airport 2435 S. 47th St., Phoenix

12th-13th

PMDP CASE Study Location: DC Ranch Scottsdale, AZ

13th

CAI – Annual Golf Classic Location: Whirlwind Golf Resort Presented By – TBD

For more information, visit the chapter website at www.cai-az.org or call the office at 602-388-1159. Items in red are CAI National events.

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Summer 2015

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