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JUNE 2013 ANNIVERSARY ISSUE CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho Mirage Celebrates Its 40th Anniversary. CVWD Marks 50th Anniversary as State Water Project Contractor. Palm Springs Celebrates 75 Years.

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Page 1: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

June 2013

AnniversAry Issue

CAI turns 40….San Diego National Conference

Sensational. Community Association Law: The

Past 40 Years and the Next 40 Years. Rancho

Mirage Celebrates Its 40th Anniversary. CVWD

Marks 50th Anniversary as State Water Project

Contractor. Palm Springs Celebrates 75 Years.

Page 2: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

2013 Corporate SponSorS

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Gold ____________Conserve LandCareFlood responseMutual of Omaha Bank/CondoCertsO’Connell Landscape MaintenancePowerful Pest Managementsign-A-ramaverizon enhanced Communities

Silver ___________CommerceWest BankCTi of the DesertLeon’s Landscaping & Tree serviceMC Painting & ConstructionMcCormack roofingPainting Unlimited, inc.Prendiville insurance Agencysecuritas security services UsA, inc.Time Warner CableUniversal Protection service

Bronze _________Advanced Painting & Wood repairAnimal Pest Management servicesBen’s Asphalt, inc.CertaPro Painters, Ltd.FenceWorks, inc.La rocque Better roofs, inc.Merit Property Management, inc.nautilus General Contractors, inc.Orange Coast Building services, inc.rey insurance services, inc.servpro of Palm Desertsherwin-Williams Paint CompanyUnion Bank

2 Quorum June, 2013

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Page 3: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

20

Your HoA cAn be our next Cover

June 2013

AnniversAry Issue

CAI turns 40….San Diego National Conference

Sensational. Community Association Law: The

Past 40 Years and the Next 40 Years. Rancho

Mirage Celebrates Its 40th Anniversary. CVWD

Marks 50th Anniversary as State Water Project

Contractor. Palm Springs Celebrates 75 Years.

no Cost to you

every Cover haS a Story.

tell uS yourS!MuSt be CaI-Cv MeMber

In good StandIng

ContaCt terry at the CaI-Cv offICe

(760) 341-0559 [email protected]

24

25 28

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV4 5

features

10 Rancho Mirage Celebrates Its 40th Anniversary By Robert Barrett

16 San Diego Conference Sensational; Orlando Heats Up for 2014

18 Palm Springs Celebrates 75 Years with Party and Fireworks Spectacular

24 Community Association Law: The Past 40 Years and the Next 40 Years By Margaret G. “Gen” Wangler, Esq.

25 Meet Indian Wells Mayor Mary T. Roche

28 CAI National Conference – Business Partner Experience By Ken Clark

Chapter news

35 Have You Heard? By Wendy Van Messel

37 Advertisers Index

Chapter events

20 The Essentials Course – Board “Boot Camp”

By Shirley Hotwagner

40 Schedule of Events

board of dIreCtorS CoaChella valley Chapter 2013

nena t. rutherford-MIlward, CMCa, aMS, pCaM, CCaM, preSIdent

Desert Resort Management, an Associa Company

ChrIStIna baIne deJardIn, eSq., preSIdent–eleCtPeters & Freedman, LLP

rob wInkle, paSt–preSIdentWestern Pacific Roofing

MIChael walker, aMS, CMCa, pCaM, CCaM, SeCretaryPGA West Residential Association

glorIa kIrkwood, CMCa, aMS, CCaM, treaSurerPalm Valley Homeowners Association, Inc.

tad blaCkGothic Grounds Management, Inc.

art CoulterPalm Valley Homeowners Association, Inc.

MIke MaStropIetroOrange Coast Building Services

graCe paluCkThe Management Trust, Monarch Group Division

patrICIa SMIth, pCaMVeneto Homeowners Association

paula tapIaPacific Western Bank

tad blaCk has joined the CAI-CV Board of Directors for the remainder of 2013. Tad is a Business Developer and Landscape Industry Certified Manager (LICM) with Gothic Grounds Management, Inc.

The materials contained in this publication are designed to provide our members with accurate, timely and authoritative information with regard to the subject covered. However, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The CV Chapter has not verified and/or endorsed the contents of these articles or advertising, nor do we have the facilities or the personnel to do so. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.

Attendance at CAI-Coachella Valley Chapter programs and events constitutes consent to be photographed for use in print and/or electronic publicity for the Chapter. If you do not want the Chapter to use a photo or video of you, please notify Chapter staff in writing prior to the program or event beginning.

ContentS

1810BOWLING

CAI-CV

ALL STARSALL STARS

For additional information, please call the chapter office at (760) 341-0559

Friday, June 28thRegistration Begins at 5:00 p.m.

Palm Springs Lanes, Cathedral City

CAI Coachella Valley Office 41-905 Boardwalk Suite A-2

Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 431-8443

Website: www.cai-cv.org

16

Page 4: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

Departments

8 President’s Message

9 From the Editor

12 CAI National Trigiani, Dyekman Among

Members Honored by CAI

14 CLAC News CID Bill Hightlights In 2013

By CAI California Legislative Action Committee

15 Time Honored Member James L. Lamb Company, Inc.

By Patrick Ross

22 Homeowners Association Law Learning the “New” Davis-Stirling Act – A Six

Part Series. Part 3 – Ownership and Transfer of Interests; Property Use and Maintenance By Peggy Redmon, Esq.

31 Water Wise Coachella Valley Water District Marks 50th

Anniversary as State Water Project Contractor By Jim Barrett

33 CAI-CV 2013 Platinum Sponsor Highlight

Pacific Western Bank

35 Welcome Aboard The Curb Creator

edItorIal board

edItor

terry SMIthCAI-CV Chapter Executive Director

CoMMIttee MeMberS

Margaret “gen” wangler, eSq.Fiore Racobs & Powers

greg grItterSVintage Associates, Inc.

ken ClarkSeacoast Commerce Bank

laurIe S. poole, eSq.Peters & Freedman, LLP

leSlee wIllIaMS, aMS, CMCa, CCaMDesert Resort Management, an Associa Company

paula tapIaPacific Western Bank

phyllIS harkInS, CMCa, CCaMPalm Desert Country Club Association

Steven Shuey, pCaM, CCaMPersonalized Property Management

tony brunner Country Club Remodeler

CreatIve dIreCtor & graphIC deSIgner

rodney bISSellBissell Design Studios Inc.

SubSCrIber ServICeSThe Coachella Valley Quorum Newsmagazine is a publication expressly prepared for our Association leaders, managers and other related professionals of the Community Associations Institute. Authors are encouraged to submit articles for publishing

consideration. All articles accepted for publication in the Quorum are subject to editing and rewriting

by the Publications Committee.

12

15 22

31

33

35

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Palm Springs, CA 92262 Tel: 760-325-4257 Fax: 760-778-6846

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV6 7

ContentS

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Page 5: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

The mission of cAI is to provide the leadership for successful development and operation of community associations through information,

research and education.

CaI-Cv MISSIon StateMent

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV8 9

preSIdent’S MeSSage froM the edItor

President’s Messagenena t. rutherford-Milward, desert resort Management, an associa Company CaI-Cv Chapter board president

From the Editorterry Smith, CaI-Cv Chapter executive director

CAI turns 40 this year and for those of us fortunate enough to have traveled to San Diego in mid-April for the National Conference, we absorbed so much insight and information to take back to our busi-nesses and communities. We also enjoyed the networking with our fellow CAI members who traveled from all across the country (and a few from overseas). The CAI National Office and San Diego Chapter sure did put on a great meeting! I have heard nothing but good things. You can read what some of the Chapter attendees thought of the conference in the article, San Diego Conference Sensational. My personal favorites were the keynote speakers – Mike Abrashoff and Terry Watson. I found myself crying and laughing (sometimes at the same time) during both of their presentations. Congratulations to all who won awards at the National Conference this year. Look for the article, Trigiani, Dyekman Among Members Honored by CAI listing the CAI National award recipients.

We had several of our chapter members participate in the CAI National Conference as speakers. Don’t miss Gen Wangler’s recap of the session she helped moderate titled, Community Association Law….The Past 40 Years and the Next 40 Years.

Some of our Coachella Valley cities are celebrating milestones as well this year and we have recog-nized them in this issue. Rancho Mirage will celebrate in style with a host of events throughout the year to commemorate its 40th anniversary. Palm Springs turns 75 this year and had a grand celebration on April 20th with other events scheduled through the end of the year. Also, see what the CVWD is celebrat-ing in the article, Coachella Valley Water District Marks 50th Anniversary as State Water Project Contractor.

Meet Indian Wells Mayor Mary Roche in an informative question and answer article. Another install-ment of the “New” Davis-Stirling Act is addressed in this issue as well. Part 3 of our 6 part series covers Ownership and Transfer of Interests, and Property Use and Maintenance.

While the temperatures rise this time of year, the population seems to go down here in the Valley as our winter residents and visitors have departed for the summer. Hopefully we can take this slower period to reconnect with some of our fellow CAI-CV members and enjoy the fun activities planned for the summer.

Please join me in welcoming Tad Black of Gothic Grounds Management to the CAI-CV Board of Direc-tors. Tad will be filling the vacancy left by Gina Roldan for the remainder of the 2013 term. We are sad to see Gina go and want to thank her for her service to the Coachella Valley Chapter. Another farewell this month is our Chapter Executive Director, Wendy Van Messel. Wendy has accomplished great things for our Chapter over the past several years and we thank her for her contributions. While Wendy is leaving the CV Chapter, she is not leaving CAI. Wendy will be working with the CLAC Committee and still be involved with all 8 California Chapters. We wish her well in her new endeavors.

Did you know that CAI offers an Educated Business Partner designation? Join us for the Business Part-ner Mixer on June 11th at the Classic Club and learn more about the benefits of becoming a CAI Educated Business Partner from members who have already earned this unique distinction. This social is free to members to attend but we do ask that you contact the Chapter office to sign up.

One of the most fun events of the summer is the CAI-CV Bowling Tournament. This year, the theme is “All Stars” and we hope to see everyone dressed in their favorite sports team jersey. The tournament will be held on June 28th and even if you are not a bowler, you can come out and cheer on your fellow CAI members. Sponsorships and spectator registrations are still available. Contact the Chapter office for more details.

Looking ahead, the Education Committee is planning another FUND event…a trip to Del Mar Race-track on July 19th for the annual Day at the Races event. All proceeds from this event benefit the Manager’s Scholarship Fund which assists our manager members with funding to pursue their designations. This event is limited to sponsoring business partners and managers. It’s a great opportunity to network in a smaller setting, enjoy the beautiful weather of Del Mar and maybe get lucky on a few horse races.

Father’s Day will be celebrated on June 16th this year. This is a day to honor our fathers, celebrate fatherhood, paternal bonds and the influences of fathers in our lives. For those of you who are fathers, Happy Father’s Day! For those who have fathers or father-figures in your lives, don’t forget to tell them how much they mean to you.

All my best,

Volunteers don’t get paid, not because they’re worthless, but because they’re priceless. - Sherry Anderson

Nena T. Rutherford-Milward

Page 6: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV10 11

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2013 marks the 40th anniversary of the City’s incorporation. The actual birthday of the City was August 19, 1973. The City Council however has elected to dedicate this entire year to a series of celebratory and commemora-tive events that will engage as many residents as possible in remembering the notable leaders and occasions that helped to make Rancho Mirage the extraordinary jewel of a city that it is. A full schedule of events can be found at www.RelaxRanchoMirage.com. You can also use the QR code on this page to take you to the site. As the year progresses, information on the website will be added and updated. Residents are encouraged to check the website often so as not to miss out on any of the fun.

Planned events include a free series of outdoor movie screenings in May and June at Whitewater Park. Films featuring stars that lived in Rancho Mirage will be introduced by relatives and others that worked and played with Lucille Ball, Frank Sinatra, The Marx Brothers, Bing Crosby, Bob Hope and Dean Martin. Also at Whitewater Park in mid-November, a free concert

Rancho Mirage Celebrates Its 40th Anniversary

featuring the music of Frank Sinatra will be presented. The same evening of the concert, the Mayor and the City Council, will ceremonially break ground for the expansion of the park that will include a new amphitheater and dog park.

Plan to attend the open houses at City Hall and the Library in Novem-ber. The 13th Annual Art Affaire in November will feature some 40th anniversary surprises. Consider playing in the 40th anniversary Charity Golf Tournament in Decem-ber. Don’t miss sampling and voting for your favorite dessert at Rancho

Mirage restaurants in the late fall as chefs compete to produce the defini-tive Rancho Mirage sweet ending to a special year. Join us in celebrating our City’s ruby anniversary.

Robert Barrett is the Marketing Manager for the City of Rancho Mirage. He can be reached at (760) 324-4511 or by email at [email protected].

By Robert Barrett, City of Rancho Mirage

feature

Page 7: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

Greater Inland Empire Chapter

Michelle Leary, CED of the Year

San Diego Chapter

Donald Dyekman, Distinguished Service Award

Pia Trigiani (2nd from left), President’s Award Winner

Stacey Drayer, CED Rising Star

Greater Los Angeles Chapter

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV12 13

CaI natIonal CaI natIonal

Lucia Anna “Pia” Trigiani, Esq., a principal with the Virginia-based

law firm MercerTrigiani, received one of CAI’s most prestigious honors April 19 at the organization’s 2013 Annual Conference and Exposition.

Given at the discretion of CAI’s immediate past president, Kathryn C. Danella, CMCA, LSM, PCAM, the President’s Award was presented to Trigiani in recognition of her exem-plary service to CAI and the instru-mental role she has played to support CAI and the 63-million-plus Ameri-cans who live and work in community associations.

Donald E. Dyekman, Esq., a mem-ber of the Central Arizona chapter and a past president of both CAI and the College of Community Associa-tion Lawyers, received the prestigious Distinguished Service Award for long-standing and extraordinary contribu-tions to CAI. Among other activities, Dyekman prepared case law update materials for the Community Associa-tion Law Seminar attendees for more than a decade.

Trigiani has been a major contribu-tor to CAI for 20 years, providing her talents as an advocate, advisor and educator on both the chapter and national levels. She is a member of CAI’s College of Community Associa-tion Lawyers (CCAL); served on the

Foundation for Community Associa-tion Research’s Board of Directors from 2006-2012; and acted as chair of CAI’s National Government and Public Affairs Committee from 1996-2008. Trigiani is also the author of Reinvent-ing the Rules (Community Associa-tions Press, 2002) and in 2009 received CAI’s Distinguished Service Award.

Trigiani and Dyekman were among eight CAI member leaders, three chap-ter executive directors, 21 chapters and a state legislative action committee recognized for excellence, achieve-ment and leadership during CAI’s Annual Conference, April 17–20 in San Diego. The event attracted attend-ees from all over the globe—includ-ing Australia, the Bahamas, Brazil, Canada, Dubai, Saudi Arabia and South Africa. More than 1,400 confer-ence participants—including 23 past national presidents—also celebrated CAI’s 40th anniversary.

other award recipients

The following members also received 2012 awards at this year’s conference:

• StephenR.Bupp,CMCA,AMS,PCAM (Washington Metropoli-tan), Educator of the Year

• DanaDavidson,CMCA,AMS(Orange County Regional–Cali-fornia), Recruiter of the Year

Trigiani, Dyekman

Among Members Honored

by CAI

CAE. “Today, that same spirit lives on in our members—many of whom volunteer on 61 chapter boards, edu-cate their peers and work through 35 CAI legislative action committees to help ensure appropriate public policies affecting common-interest communities. I can only imagine all of the ways our members will help shape CAI over the next 40 years.”

Chapter awards

Several CAI chapters and chapter executive directors (CEDs) were also honored during the Annual Confer-ence. Michelle Leary, the Washing-ton State chapter’s CED, was named the Chapter Executive Director of the Year, while Stacey Drayer (Cen-tral Virginia) and Vicki Hancock, CMCA, AMS, PCAM (Michigan), were named Chapter Executive Director Rising Stars.

The following chapters were rec-ognized for their excellence in vari-ous categories of achievement: Cen-tral Arizona (three awards); Central Virginia; Connecticut; Gold Coast; Greater Inland Empire; Greater Los Angeles; Heartland; Illinois (two awards); Jacksonville Metropolitan; Orange County Regional; Oregon; Pennsylvania/Delaware Valley; San Antonio; San Diego; Southeast Flor-ida; and Wisconsin (two awards).

“Year after year, our CEDs and chapter member volunteers con-tinue to play an invaluable role for CAI,” says Crystal L. Wallace, IOM, CAE, CAI’s vice president of mem-bership and chapter relations. “From New England to Califor-nia to South Africa, our chapters develop new and better ways to serve and support members and give them opportunities at the local level. We would not be the organization we are today without them.”

Chapter growth and retention

The following chapters were recognized for having the highest net membership growth in 2012:

• SouthernArizona(smallchapter, 19 percent)

• Austin(mediumchapter,26percent)

• SouthCarolina(largechapter,10 percent)

• OrangeCountyRegional(verylarge chapter, 16 percent)

The membership growth of all chapters helped CAI surpass the 32,000-member mark in 2012.

Chapters recognized for the highest net membership retention in 2012 were:

• SanAntonio(smallchapter,89 percent)

• CaliforniaNorth(mediumchapter, 94 percent)

• Chesapeake(largechapter,91percent)

• Connecticut(verylargechap-ter, 90 percent)

CAI’s national member reten-tion rate for 2012 exceeded 85 percent.

• LindaVanGelder(CentralAri-zona), Award of Excellence in Membership

• BruceR.Gran,CMCA,AMS,PCAM (Central Arizona chapter), Award of Excellence in Chapter Leadership

• StephenM.Marcus,Esq.(NewEngland), Outstanding Volunteer Service Award

• Earl“Dick”Pruess(GreaterLosAngeles), Award of Excellence in Government and Public Affairs

The California Legislative Action Committee (CLAC) was named the LAC of the Year for its advocacy efforts and successes in the state legislative arena. CLAC successfully advocated many difficult bills this session, including executing a grassroots cam-paign that mobilized 2,500 parties to support the need for AB2273 (the fore-closure notification bill)—the results of which went on to assist CAI’s federal advocacy work related to mortgage finance regulations.

“In 1973, a group of passionate volunteers had the foresight to realize the importance of providing advocacy and education for community asso-ciations, and from their grassroots efforts CAI was born,” says CAI Chief Executive Officer Thomas M. Skiba,

Page 8: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

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Quorum June, 201314 15

ClaC newS

As a long time California native, Mr. James L. Lamb has served his country and his com-munity for over 30 years -- from a Navy sailor to a Riverside County Deputy Sheriff to a very well known electronic gate contractor in the Coachella Valley. He has been in the gate business for 28 years serving communities all over the valley. He and his wife, Judy Lamb, have been members of the CAI Coachella Val-ley Chapter for over 20 years, involved in the Business Partner Committee, Membership Committee and as Chair for the Volunteer Committee.

Now in a new phase of his life, Jim will be moving to Tennessee with his wife. He has left his legacy to a long time friend whom he also trained for 5 years, Mr. Patrick Ross. He and his wife Kellyanne Ross are the proud owners of Big Sky Gate Keeper, who will be carrying on the tradition of doing the job right, the first time! Jim is departing with excitement and a bit of a heavy heart leaving this valley he has called home for so many years! He wants to say “Thank You” to all those who have had faith in his knowledge, wisdom and work ethic throughout the years.

On behalf of Big Sky Gate Keeper and the Ross Family we want to wish Mr. Lamb and his lovely wife Judy nothing but the best in this new chapter of their lives. Safe travels to Tennessee and know that we will take pride in serving his clients as he did, for some many years!

TIME HONORED MEMBER

By: Patrick Ross, Big Sky Gate Keeper

CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV

Fire Prevention & Suppression Fees – Six bills that have to do with the Fire Prevention Fees implemented by the state last year have been introduced in the legislature. AB 23, AB 124, AB 929, SB 17, SB 125 and SB 147 range from a complete repeal of the fee to some minor language changes. The outcry against the fee has had a lot to do with the contro-versy over whether this fee actually qualifies as a tax or not (and therefore would need with approval of two-thirds of the legislature), but the California Legislative Action Com-mittee (CLAC) has been seeing a different problem with the implementation of the fees. The agency that is in charge of interpreting how the fee is to be applied has been focus-ing on charging “per owner” as opposed to the “per structure” language in the original bill, which states in section 4212 (a)(1) that the fee is “to be charged on each structure on a parcel that is within a state responsibility area.” For an apartment building there is usually only one owner per structure, no matter the num-ber of units, so that fee seems to be applied fairly. For a condo-minium project with potentially hundreds of units per structure, and therefore hundreds of owners per structure, charging $150 for each owner is not an equitable application of this law.

Electronic Balloting for HOAs – AB 1360 (Torres), spon-sored by CAI-CLAC, would allow common interest develop-ments (CIDs) to have an option available to their members to vote electronically. The goal of making sure that every association member is involved in their association’s democratic process will be expanded with the success of this bill. How often have we had to put elections off to the next month because we cannot reach quorum? How much money do we spend sending out the double-envelope ballots over and over again? Do we really want to trap board members into their positions - not “allowed” to leave because a legal election cannot be held to replace them? That does not sound like the democratic process we want to

perpetuate! Electronic balloting will allow for more mem-ber participation and a reduction in overall costs.

Elections for Small Associations – AB 968 (Gordon) is focused on elections for small associations. When there are only three units and three positions on the board, is a double-envelope ballot really necessary? This bill attempts to remedy that situation within smaller associations.

$75 Recording Fee – SB 391 (DeSaulnier) is being called the California Homes and Jobs of 2013 and is using a $75 recording fee to fund low-income housing, among other things. While low-income housing is something we all

want to support, the legislature may not be aware of the impact on associations of charging an extra $75 for every record-ing – every time we file a lien to encourage a homeowner to pay the assessments they promised when they bought their home, an extra $75 is tacked on! These are people who are probably already having problems paying their bills, and now they will have to have those extra charges added on. To those people it may very much feel like “robbing Peter to pay Paul,” and we need to be sure that the legislators know of the impact SB 391 may have.

Other bills we are looking at this session include: SB 752 (Roth) – Commercial and Industrial Common Interest Developments, which is an attempt to split out the Davis-Stirling Act into separate “Commercial” and “Residential” applications. SB 454 (Corbett) has to do with Electric Vehicle Charging Stations being made public and AB 746 (Levine) would prohibit smoking in multifamily units. AB 637 (Torres) seeks to define more clearly who maintains exclusive-use common area and who replaces it and SB 298 (Wyland) allows associations to contract with local law enforcement for supplemental services.

CAI-CLAC can be reached at www.caiclac.com.

By CAI California Legislative Action Committee

....we need to be sure that

the legislators know of the

impact Sb 391 may have.

CID Bill Hightlights In 2013

JaMeS l. laMb CoMpany, InC.

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ALLEN & ASSOCIATESCommunity Association Bookkeeping

ATTENTION SELF-MANAGED ASSOCIATIONS!Why haven’t you hired us to do your bookkeeping?

We specialize in helping small HOA’s navigate the maze of rules all HOA’s must follow.

We provide ALL Community Associations bookkeeping, collections & financial services, including

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Palm Springs, CA 92262www.allenhoa.com

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Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV16 17

feature

CAI’s 2013 Annual Conference and Exposition, April 17-20 in San Diego, was a tremendous success by almost any measure, with participants taking full advantage of education sessions, networking opportunities, a full exhibit hall, member camaraderie and the natural beauty of San Diego. Nearly 1,700 conference participants—including 23 national past presidents—celebrated CAI’s 40th anniversary during the event. According to a post-conference survey, 99 percent of registrants were satisfied with the conference, with 65 percent saying they were “very” satisfied. Photographs from the conference are now posted online at www.caionline.org.

Coachella valley Chapter attendees had this to say...

I have attended many National Conferences and CAI National out did themselves this year! This was the best conference with great keynote speakers, great education sessions and network opportunities. Way to go!

Cyndi Koester, PCAM SVP/ HOA Division Manager CommerceWest Bank

San Diego Conference Sensational; Orlando Heats Up for 2014

Every year I look forward to CAI National Conference.  I know this is where I can find my friends.  These days they come from all over the world.  These are the people that hold me to the highest standard and teach me what it is to be a profes-sional. They motivate me to be my very best and remind me how blessed I am to be in this industry.  Every year I meet someone new and grow a new friendship.  You can bet you will see me in Orlando next year!

Nathalie E. Ross Director of Business Development Adams Kessler PLC

For those already looking for-ward to next year, CAI’s 2014 Annual Conference will be held May 14-17 at Loews Pacific Royal Resort in Orlando.

Although I have attended numer-ous conferences, this was my first CAI National Conference. I was very impressed on many levels at this con-ference. The quality of the seminars and the choice of the facilitators were excellent, and the business partners and their booths flowed well. The Hil-ton did a superb job in the conference

areas from food to classroom and meeting room set up, even the rest-rooms were always clean! Coming from a career in the hospitality indus-try, I’m confident in the accuracy in my evaluation here.

Dave Carter, Association Manager Cathedral Springs HOA

Page 10: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

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Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV18 19

featurefeature

Palm Springs Celebrates 75

Years with Party and Fireworks

SpectacularTo celebrate the history and culture of the City

of Palm Springs from 1938, a special event dubbed “Thanks for the Memories: Palm Springs Through the Decades,” was held on Saturday, April 20, 2013 at the historic O’Donnell Golf Club in downtown Palm Springs.

“Over the past 75 years, Palm Springs has become world famous as the premiere resort destination in Southern California where celebrities and people from all over the world come to relax, rejuvenate and enjoy year-round sunshine,” said Mayor Steve Poug-net, who with Councilman Paul Lewin lead the city’s 75th anniversary subcommittee.

The free “75th Anniversary” party featured musi-cal performances from every decade performed by the McCallum and Palm Canyon theatres along with entertainers from all over the Coachella Valley. In addition, there was a Kids Zone and petting zoo, car-nival games including photo booths, and delicious food and beverages from local restaurants.

A world’s fair-style exhibition showcased the colorful and unique aspects of the legendary his-tory of Palm Springs. Participants included the Palm Springs Art Museum, the Palm Springs International Film Festival, the Palm Springs Aerial Tramway, the Fabulous Palm Springs Follies, the Festival of Lights Parade, the Palm Springs Historical Society and many more.

The night concluded with a spectacular fireworks display that could be seen all over the Valley.

In addition to the April 20th event, many of the City’s signature special events will be celebrating the 75th anniversary throughout the year with special tie-in events. You can view the “75 Fun Things to do in Palm Springs” and learn more about Palm Springs history and the city’s 75th anniversary celebration by visiting www.Palmsprings75.com.

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Chapter eventSChapter eventS

eSSentIalS SponSorS:asphalt Md’s CtI of the desertepsten grinnell & howell, apCflood responselabarre/oksnee Insurance agency, Inc.prendiville Insurance agencyrevco Solar engineering, Inc.verizon enhanced Communitiesvintage associates, Inc.western pacific roofing

By Shirley Hotwagner, Palm Desert Country Club Association

The Essentials Course – Board “Boot Camp”

It was 8:15 am when I arrived at the Palm Valley Country Club in Palm Desert, CA. First stop, registration. Yes, they had my name tag. So far, so good. Now, for a cup of coffee and continental breakfast.

Could this be true? Have I really committed to sitting in a room for eight hours to learn HOA stuff?

Will I learn anything useful? Will I understand the legal-ease? I wondered if I was the only board member pondering why they were here. I decided to settle down, relax, and hope something would sink in.

Mr. David Kline, Esq. presented an overview of the HOA industry and legal documents which covered

board responsibilities, roles of officers, fiduciary duty, CC&Rs, bylaws, board meetings, notices and agendas. Mr. Kline was very knowledgeable and well organized.

Next up, was David Peters. Esq. who spoke on rules and regulations, adoption and enforcement. Mr. Peters has a flare for public speaking and succeeded in brightening up what I thought might be a somewhat dull presentation due to the subject matter. Among the many problem solving tips he offered, was a personal favorite – “... always leave wiggle room.”

Time for lunch already? Where did the morning go? What an enjoyable, learning experience. I took a table by the window overlooking the wonderful view. The food was delicious and the dessert was to die for. My compliments to the CAI volunteers who selected the menu.

After lunch, Sandra Seddon, CMCA, AMS, PCAM from the Lakes Country Club spoke about maintenance issues. If a homeowner volunteers to repair something, are they cov-ered by Workers Compensation Insurance? An interesting question, to say the least. She also covered maintenance contracts and financial resources to pay for the repairs.

Next, was Mike Rey, from Rey Insurance Services who covered insurance needs for Common Interest Devel-opments. He defined property coverage, earthquake coverage, liability, Directors & Officers liability, fidelity, Umbrella, and Workers Compensation.

Keith Lavery, PCAM from Albert Management, Inc. pre-sented financial control and reserve funding.

Items covered were financial services, financial state-ments, accounting basis, levels of accounting services,

reserve accounts, reserve study, Civil Code 1365.5. Mr. Lavery tackled issues that I always wanted to know about but was afraid to ask.

Our final speaker was Nena Rutherford-Milward, CMCA, AMS, PCAM from Desert Resort Management who spoke on the value of manager education and designations.

The day passed so quickly. My head was spinning with knowledge. I know I will be better equipped to help with the business of the community. The Board Boot Camp was a worthwhile, well organized, educational event, and all

board members would do well to attend one. My thanks to the CAI volunteers and sponsors. I have only one burning question...what do all of those letters after everyone’s name actually stand for?

Shirley Hotwagner is currently the Treasurer for Palm Desert Country Club Association. She also served as Treasurer of an Orange County HOA while residing there. A native Californian and

mother of four, Shirley was Credit Manager for over 20 years at a large, wholesale merchandise distributor until her retire-ment. She recently formed a consulting company that will specialize in accounts receivable solutions, procedure manu-als and collection issues. Shirley can be reached at [email protected].

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV20 21

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Securitas Security Services USA, Inc.For more information on how we can exceed your expectations, contact Kaitlin Bohigian, Palm Desert Branch Manager at (760) 779-0728.

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Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV22 23

hoMeownerS aSSoCIatIon law

Starting with the February issue, the QUORUM is presenting an

overview of the revised Davis-Stirling Common Interest Development Act (“Act”), which will become opera-tive July 1, 2014. This month, we cover Chapter 4 and Chapter 5 of the new Act.

Although we were all promised that there would be no “substantive changes” and only renumbering done, there are nevertheless nuances to that legislative promise that require further information for community managers, board members and busi-ness partners. While it would have been helpful to simply provide a reference to the previous Civil Code Section number at the end of each new Civil Code number, this did not occur (although the legislature has provided a cross-reference).

Here we will focus on Chapters 4 and 5, and discuss changes and addi-tions, including additional circum-stances where the board may grant use of common area to an owner and clarification to the law providing that disability modification rules apply to PUDs as well as condominiums.

Chapter 4 – Ownership & Transfer of Interests

This Chapter, encompassing Civil Code Sections 4500 through 4650.

CC4525 (a)(9) now requires that, in addition to disclosing any provision in the governing documents prohibit-ing rental or leasing and a statement describing the prohibition, there must be a statement of its applicability.

CC4528 eliminates the need for 10 point type in the disclosure for charges for documents. It also changes the name from “pro forma operating budget” to “annual bud-get report” as one of the documents required to be provided and indicated as such on that disclosure document. Of course, it also changes the Section indicators for all the documents pur-suant to the new numbering system.

CC4530 completely leaves out 1368(3)(A), effective in 2013, regarding cancellation fees. It can be assumed that this will be addressed by the Leg-islature in “clean up” action.

CC4600 adds three exceptions to the 67% membership approval requirement for the board to grant an owner exclusive use of a part of the common area: (1) to accom-modate a disability; (2) to assign a parking space, storage unit, or other amenity, that is designated in the declaration for assignment, but is not assigned by the declaration to a specific separate interest and (3) to comply with governing law. In addi-tion, the Section excludes language specific to an industrial or commercial development.

CC4605 leaves out the previous language in CC1363.09(c) indicating that upon a finding by the Court that the election procedures or procedures regarding rules in the Article had not been followed, the Court may void the election results. Again, it can be assumed that this will be addressed by the Legislature in “clean up” action.

Chapter 5 – Property Use and Maintenance

This Chapter encompasses Civil Code Sections 4700 to 4790.

Previously, many provisions of the Act were “scattered” throughout the Code sections, and the legislature has attempted to group them together in a logical order. Take comfort in the fact that the Legislature has not, in this Chapter, changed of the substan-tive language regarding display of the US flag, commercial/noncommercial signage, fire retardant roof covering materials, satellite dishes/anten-nae, use of low water using plants, electric vehicle charging stations, required architectural review proce-dures, responsibility for maintenance of common areas, damage by wood destroying pests, relocation costs, access to telephone wiring, or pets. It does expand the documents that can-not contain arbitrary or unreasonable restrictions on marketability of a sepa-rate interest to all governing docu-ments, not just to rules as previously stated (see CC 4730) and it includes lessees in addition to tenants regard-ing rental provisions (see CC 4740).

CC4700 specifically indicates that it is not intended to affect the applica-tion of provisions limiting the author-ity of an association to regulate the use of a member’s separate interest as found in other Civil Code sec-tions, including the display of signs, solar energy systems, structures that are constructed offsite and moved

Learning the “New” Davis-Stirling Act – A Six Part SeriesPart 3 – Ownership and Transfer of Interests; Property Use and Maintenance

By Peggy Redmon, Esq., Law Office of Peggy Redmon, APC

there are nevertheless nuances to that legislative promise that require further information for community managers, board

members and business partners.

to the property in sections or modules, Govern-ment Code sections regarding racial restrictions and modification of property to accommodate a disability and Health and Safety Code sections regulating to the operation of a family day care home. You should review those sections as cited in Article 4700 for their specific language.

CC4760 now provides that previous provisions allowing modifications by owners as necessary to accommodate a disability are not limited to condominiums, but also include “separate inter-ests” in any type of common interest development, including planned unit developments (PUDs).

CC 4785 now provides for delivery of notice regarding termite treatment to the owner who does not occupy the separate interest or occupant by email, facsimile, or other electronic means if the owner or occupant has consented, in writing, to that method of delivery rather than just by first class mail as previously provided.

Stay tuned for additional analysis of the new Davis Stirling Act provisions in an upcoming issue of the QUORUM!

Peggy Redmon, Law Office of Peggy Redmon, APC. Practice limited to common interest developments in the Coachella Valley since 1993. You can

reach Peggy at (760) 262-8840 or at [email protected].

MeMber of

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Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV24 25

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Meet Indian Wells Mayor Mary T. Roche

The City of Indian Wells set a historical precedent in December of 2012 when Mayor Pro Tem Mary

T. Roche was sworn in for her third term as mayor. The City’s first woman to serve three times as mayor, Roche was first elected to Indian Wells City Council in 2000 and re-elected in 2010.

In addition to her mayoral duties, Roche currently serves as the Indian Wells representative on the Cove Communities Services Commission, CVAG Executive Committee, Coachella Valley Mountains Conservancy, Coachella Valley Animal Campus, Jacqueline Cochran Regional Airport Commission, California JPIA, and Indian Wells Personnel and Marketing Committees.

A trailblazer in the Indian Wells community, Roche founded the Indian Wells Historic Preservation Foun-dation and Homeowners/Residents Association of Indian Wells. She was founding president of Desert Horizon’s Women’s Club, as well as past president of Desert Horizons Homeowners Association.

She has received numerous accolades and awards for her accomplishments including Tools for Tomorrow 2010 Vision for the Future, 2008 37th District Woman of the Year, Indian Wells 2008 Athena Award, Palm Desert Soroptimist 2007 Making a Difference Award, and Women Leaders Forum’s 2007 Lifetime Achievement Award (an organization which she founded in 2001).

An educator and businesswoman, Roche retired from Los Angeles Community College after 25 years as both an administrator and professor. She founded and served as CEO/president of Linens Unlimited II, a retail bed and bath chain in Orange and Los Angeles Counties.

feature

Attorneys Jon Epsten, Sandra Gottlieb, Janet Powers and Gen Wangler, all Chapter members,

presented "Community Association Law: The Past 40 Years and the Next 40 Years." Common interest devel-opments were in their early infancy in 1973 when CAI was formed; the many changes since then in American society and values, technology and the economy are all reflected in CID law. Not only the number of people living in CIDs, but the quantity of cases litigated over CID issues has increased exponentially. The panel sum-marized the evolution and major changes in all areas of community association law since 1973, identifying the shifts, trends and growth of the industry, and how statu-tory and case law have developed across the country.

The statistics presented are startling. In 1970, there were approximately 701,000 housing units in CIDs, out of a total of 63 million, about 1% of the units, and 2 mil-lion residents in CIDs, out of a population of 203 mil-lion, about .9% of the total population. Today, it is esti-mated that there are approximately 28 million housing units in CIDs out of a total of 126 million, or about 18%, and 59 million residents in CIDs out of a population of approximately 298 million, or about 19%.

Community Association Law: The Past 40 Years and the Next 40 Years

By Margaret G. “Gen” Wangler, Esq., Fiore Racobs & Powers

The panelists reviewed the growth in types of CIDs over the last 40 years, from tiny stock co-ops to today's huge master planned communities, the increased responsibilities of associations for infrastructure, demands for more amenities and services and, of course, the impact of technology. The changes in governance of associations, the expansion of members' rights in areas such as records inspections, the right to fly flags and voting on certain major decisions were also reviewed.

The panel also presented their forecasts for the future, opining that CIDs will probably be subject to more and more regulation and, at the same time, have more responsibility for infrastructure; that residents will demand more amenities, that electronic voting and electronic communications between association and members, will be the norm, and that litigation, especially on enforcement issues, will increase.

Margaret G. “Gen” Wangler is a senior shareholder in Fiore, Racobs & Powers, APLC, in Palm Desert and serves as CAI-CV Chair of the Education Committee. She can be

reached at (760) 776-6511 or at [email protected].

Page 14: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

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Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV26 27

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27

top-caliber reputation the community associations/country clubs bring to our city, have enhanced Indian Wells in higher across-the-board property values.

Q: What are any HOA challenges or issues

that exist in the city?MR: The cost of Highway 111 land-

scaping is one of the biggest issues. The Lighting and Landscape Mainte-nance Districts (LLMDs) were put in place when an individual developer initiated city building permits and, as a requirement for the issuance of the permit, contracted to pass landscape set back requirements, cost and main-tenance on to all future buyers. This issue was on the last election ballot and it was decidedly rejected by our voters. It is evident that those residents who do not live in associations -where the cost is added to their taxes – do not want to share in the cost of these districts. Discussion is ongoing as to how to deal with this issue which, to some, is a fairness issue relating to the fact that only some of our residents shoulder the cost, which provides such an important benefit to the entire city.

Q:What are any major issues facing the city

and how are they being addressed?

MR: The closure of the redevelop-ment agencies is probably the big-gest issue for every city in the state; particularly in the Coachella Valley. With that change last year, every city has had to reevaluate how to further build and maintain their city with minimal tax dollars, increased costs, and deteriorating infrastructure. For Indian Wells, the loss of dollars is major - $3.6 million from our budget. This restructuring of budgetary issues will continue for some time with addi-tional strategic planning emphasizing revenue building and cost analysis.

Roche earned a Masters of Arts degree in educa-tional administration from California State University, Long Beach and a Bachelor of Arts degree from Cali-fornia State University, Los Angeles. She also attended McGeorge School of Law in Sacramento.

Here, she shares her insights on Indian Wells’ evolu-tion, and the benefits the city receives from its commu-nity associations.

Q: What contributions have you made that have had the biggest

impact on the city of Indian Wells?MR: Since I first became council member in 2000, I

have been part of many changes that have been benefi-cial to our exceptional community. The most important of these includes the accomplishment of the complete rebuilding of our popular, financially successful public Indian Wells Golf Resort into a nationally recognized, prestigious golf destination, complete with its iconic clubhouse, the IW Club. Together with our four luxury hotels, Indian Wells is home to a unique leisure and conference “campus” with the Golf Resort the center focal point and pedestrian access to and from all four hotels.

Also, our world famous Indian Wells Tennis Garden, the second largest stadium in the world, is home to the BNP Paribas Open, now the fifth most attended profes-sional tennis tournament, drawing more than 350,000 spectators. And with the purchase of the stadium and tournament by multibillionaire Oracle CEO Larry Elli-son, a spectacular new stadium expansion is planned for the near future.

Perhaps the most visible change is our recent revitalization of our local portion of Highway 111. It has become the pride of our residents and adds to the serenity of life in Indian Wells. Refreshingly landscaped with an exquisite array of palm trees, walking paths, flowered medians, and open spaces, it provides all who traverse through Indian Wells a reminder of the natural beauty of our environment.

Relating specifically to homeowners associations, as president of my association in 2000, I initiated the formation of the Homeowners Associations of Indian Wells. This group of representatives, one from each HOA in the city, met three or four times a year with city staff. It proved to be invaluable for both the HOAs and city staff, as interaction and factual information shar-ing was at an all time high. Unfortunately, the group has not been active for several years; my wish is that some association would strive to reinstate this very worthy alliance. Maybe those of you reading this can help initiate a drive to make it happen.

Q: In what ways do the HOAs ben-efit the city?

MR: As a former president of the largest HOA in our city (Desert Horizons Owners Association), I have a depth of understanding of how an HOA works as well as the demarcation line between the city’s responsi-bility and that of the HOA. As you all know, the HOA is responsible for the streets rather than the city, the HOA is responsible for the common area landscaping, the HOA is responsible for its residents, its architec-tural standards, etc. In essence, the city is relieved of a significant amount of day-to-day challenges, costs, and oversight because the HOAs assume a lion’s share of these duties and costs.

Moreover, in our city, I do believe that one of the rea-sons our public safety is so outstanding overall is due to the additional support from the extensive security sys-tems and personnel that many of the 46 HOAs provide within their walls.

In terms of expenses, since the residents of each HOA actually own all of the property – which is private property – this relieves the city of the responsibility and costs to maintain the streets, landscaping and staffing costs for managing these tasks.

There is the prestige factor too. There is no doubt in my mind that Indian Wells’ reputation was built and has been maintained by the draw to live in and join the particular HOAs in our city. Since some 65% of our residents reside within community associations, the additional increased security, maintenance and club interaction have contributed to the city’s renown as a community with an exceptional quality of life.

In terms of aesthetics, the HOAs that front Highway 111 have a required set back for providing beautification to that corridor. In most cases, the major cost to main-tain this landscaping is passed on to all owners within the entire HOA. Thus, the city benefits from those approximately 1,600 of our 5,000 residents shoulder-ing this cost of our Highway 111 corridor, which is an integral part of our image and quality lifestyle. Also, most of the HOAs have internal architectural standards and committees who review any reconstruction or alteration plans within the community which, in turn, expedites city staff reviews, as well as instilling high quality construction and generally superb styling to each of their own communities.

Indian Wells maintains the highest property values in the Coachella Valley and is also one of the highest in Riverside County and the state. Most, if not all, of the higher value properties are within our HOAs/country clubs. The added stature and security, as well as the

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We were so fortunate to have had our neighboring CAI San Diego Chapter be

the host of the 2013 CAI Annual Conference and Exposition. I have to say, they have wonderful clean air, fantastic beaches, incredible night life and a psychotically friendly population. They sure are proud of their city. It was an invigorating week of connecting, sharing, and learning.

The venue at the Hilton San Diego Bayfront was outstanding. In fact, Tom Cheeks of Seacoast Commerce Bank said, “Everyday was

CAI National Conference – Business Partner Experience By: Ken Clark, Seacoast Commerce Bank

well represented and a huge success. To try to communicate the significance of this event in this short article (short in comparison to “Gone with the Wind”) is almost as difficult as getting a teenager to take out their own garbage. The message with this conference reinforced the importance of staying informed on topics affecting the ever-changing CID industry. Forget everything else! Your kids’ birthday(s)’…not important. The theme of the conference was “Creating Community Legacies.” The word “Community” is so important to all of us whether we are a homeowner leader, management professional or business partner. (It’s also a pretty funny sitcom). The concept of “Community” has a very strong influence here in our Coachella Valley.

Limited on time, Paula Tapia, of Pacific Western Bank, chose to attend the session, “Synergistic Decision Making: Part I and Part II.” The facilitator, Paul Mengert, CMCA, PCAM was engaging and the combination of power point presentation, videos, and group interactions was so riveting that Paula forgot to check e-mails and messages on her I Phone. That also says a lot if you know Paula and what an addict she is with work and technology. Through a simple group exercise, and a special drink, the participants were able to clearly recognize their long dead

family members for the first time in years and converse with them. (Oh, wait, that was the “other” convention hall). In Paula’s workshop they were able to recognize the fact that as a collective whole you make a better impact. In essence, the session delivered exactly what it promised, demonstrating how people genuinely see the same situations differently; how groups make better decisions (often 40% to 50% better) than individuals; and how different views from multiple viewpoints enhance decision making.

As a business partner and community leader, this was not new information to Paula. But it WAS the first time she had seen Aunt Sarah in 20 years. Just like Aunt

like being on vacation rather than working the booth at the tradeshow.” He was also really enthusiastic about the Chapter Party held at the San Diego Air and Space Museum.

The turn out was fantastic with people coming from as far away as Florida. They’ll do anything though to escape those bugs (many of which are larger than a 4 slice toaster) and the humidity. Anyway, the event according to Tom was well organized,

Sarah though, this information was buried down deep in her mental hard drive, making it easy to dismiss. The experience brought the awareness of working as a group back as an Icon on the Home Page.

Inspired and motivated by the educational session, Paula had high expectations for the keynote speaker, Terry Watson. His talk on “Why Be Normal?” was funny, uplifting, and inspiring. He blew it out of the ball park. (Petco Park is right there, as you know.) Check out his website and look at his recommended reading list and video archives. www.terrywatson.com.

Taking care of ourselves mentally, emotionally, and physically will help us put our very best face forward no matter what role we play in the circle of “Community.” Aunt Sarah was a good reminder what happens when you enter a crosswalk without looking both ways.

Ken Clark is the HOA Client Service Representative in the Coachella Valley Region for Seacoast Commerce Bank. Ken can be reached at (760) 445-3690 or by email at

[email protected].

Terry Watson, Keynote Speaker

Terry Watson, Keynote Speaker

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV28 29

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Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV30 31

water wISe

Coachella Valley Water District Marks 50th Anniversary as State Water Project Contractor

portion of their water from the project, which annually delivers on average 2.5 million acre-feet of water through the California Aqueduct system.

While a direct connection from the California Aque-duct to the Coachella Valley was not constructed because of the expense and significant engineering challenges, CVWD and Desert Water Agency negotiated an agree-ment with the Metropolitan Water District of Southern California for a “bucket-for-bucket” exchange of SWP water for Colorado River water.

Exchange water is delivered to the Whitewater River and Mission Creek groundwater replenishment facilities through turnouts off the Colorado River Aqueduct, which traverses the Coachella Valley.

The exchange accord was amended to enable MWD to deposit Colorado River water in the valley’s aquifer dur-ing years of above average precipitation and make with-drawals in years of drought. This arrangement benefits the valley since the storage of additional groundwater aids in overdraft reduction.

Groundwater replenishment is a critical part of our commitment to be good stewards of the aquifer. Thanks in part to our 50-year involvement with the State Water Project, we can report that, to date, total groundwater replenishment from imported supply has reached 3.16 million acre-feet. That is an impressive milestone to celebrate!

Jim Barrett is General Manager of the Coachella Valley Water District. You can contact Jim at (760) 398-2651 or by email at [email protected].

This year we mark the 50th anniversary of the Coachella Valley Water District becoming a State Water Project contractor.

The anniversary is significant because it supports one of the district’s main objectives to ensure a long-term water supply: expanded groundwater replenish-ment efforts. While the Coachella Valley is fortunate to be located above a vast aquifer containing high quality water, any long-range plan for a sustainable water supply requires that water pumped from the aquifer be replen-ished. To do so, CVWD must import water to supplement natural mountain rainfall and snow melt.

By replenishing the aquifer, we combat overdraft, which helps to protect water quality, preserves storage capacity and minimizes land subsidence. Increased water conservation, the development of additional afford-able water supplies and the use of recycled and imported Colorado River water for irrigation purposes further preserve the health of the aquifer.

The State Water Project delivers water from supply and storage facilities in Northern California to areas as far north as Plumas County and as far south as the border with Mexico, representing more than 25 million residents and 750,000 acres of agricultural land.

Two-thirds of California residents receive at least a

By Jim Barrett, Coachella Valley Water District

by replenishing the aquifer, we combat overdraft, which helps to protect water quality and minimizes land subsidence.

Page 17: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

In today’s market, the right banking partner can be the key to success. At Pacific Western Bank, we pride

ourselves on being unique among financial services companies by providing our clients with a high level of

expertise and knowledge when it comes to their financial well-being.

For over 30 years, we have made it our business to understand the needs of homeowner associations and

property management companies throughout California. This depth of experience along with our ability to

develop a full range of customized solutions has helped hundreds of customers optimize cash flow, improve

internal audit controls and enhance their operating efficiencies.

An example of how we are helping our HOA and property management companies improve their cash flow

is the development of a comprehensive lockbox solution. Thanks to our relationship with one of the country’s

largest payment processors, our clients can have one central lockbox where images of all payment documents

are sent daily and sorted by homeowner association for automated posting. This complete solution also provides

for same-day access to owner and resident check images within hours of processing allowing us to respond

timelier to customer inquiries. Additionally, with the use of automated unbankable processing, exceptions are

now automated eliminating the need for manual research and delayed postings. In addition to RemitStream®, we

continuously look for ways to introduce and develop new technology to meet the growing demands of our clients.

Our team of experienced industry specialists is committed to providing you with exceptional service, strategic

advice and creative solutions. Our depth of resources and financial strength has made Pacific Western Bank one

of the most respected banking franchises in the country.

Pacific Western Bank is the 15th largest commercial bank headquartered in California with $5.3 billion in assets

as of March 31, 2013. Today we have nearly 1000 employees and 67 full-service branches extending from San Diego

to Northern California.

To learn more, please visit our website at www.pacificwesternbank.com or contact Paula Tapia, Assistant Vice

President at (760) 324-4914 or by email at [email protected].

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Page 18: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

By Wendy Van Messel, CAI-CVAssociation Mangers are on the move and achieving their edu-cation goals! Congratulations to Ashley Layton, with Desert Resort Management, an Associa Company and Jim Brown with Madison Club for having received their CMCA designa-tions. Grace Paluck with The Management Trust passed her M201 class and Cardinal Ambrose with Albert Management, Inc. passed her M100 and is working on her CMCA. Way to go everyone, keep up the good work!

Greg Gritters from Vintage Associates, Inc. was recently appointed to the City of Palm Desert Sustainability Commit-tee.  This Committee will evaluate the changing needs and future demographic trends regarding sustainability that the City of Palm Desert may anticipate in the following six resource areas: the Built Environment, Energy Management, Materials Management, Regional Air Quality, Transportation Resources, and Water Management. Also receiving appointments are Terry Kramer, with Palm Valley Country Club HOA and Phyllis Harkins, with Palm Desert Country Club Associa-tion who were both appointed to the Palm Desert Public Safety Commission.

Changes are happening at Albert Management beginning with Fred Strong being named the new General Manager for Desert Island Community Association in Rancho Mirage. Liz Weber has been named the new Community Association Manager for Mission Hills East HOA also in Rancho Mirage. Larry Pfander has joined Albert Management as the new Community Associa-tion Manager for Chaparral Country Club Association in Palm Desert and Carol McLean has also joined the Albert team as a Portfolio Manager. Albert Management has also entered in to a contract for full service management with the Happy Wanderer Community Association in Indio with Tiffany Goff as the on-site Manager.

Desert Properties Light Maintenance is pleased to announce that they have hired Tony Licata as a new Sales Manager.

Desert Resort Management, an Associa Company received the Small Office of the Year Award at Associa’s 2013 Leader-ship Summit. The award recognizes achievements in 2012 for employee morale, client growth, client retention and overall company success.

Wendy Van Messel is the Chapter Executive Director for the CAI Coachella Valley chapter. If you have an item for Have You Heard, you can reach Wendy at [email protected]. The office number is

(760) 341-0559.

Have You Heard?June 2013

The Curb Creator brought decorative landscape curbing to the Coachella Valley 25 years ago. The Curb Creator is the respected industry leader, with the completion of over two million feet of curbing.

Landscape curbing is the only permanent solution to the unsightly plastic and wood borders that often line planters. Concrete curbing retains a manicured look years after installation, whereas every other border material pops out of the ground and deteriorates in a short amount of time.

Replacing wood & plastic borders every few years can be very costly, especially for a large development. Upgrading to concrete curbing not only eliminates the ongoing expense, but also provides a permanent clean, attractive look. Many of the local homeowner associations in the Coachella Valley have realized the benefit of installing concrete curbing.

The Curb Creator is committed to customer satisfaction. The Curb Creator believes in exceeding their customer’s expectations by providing affordable, quality service that will increase property value and reduce maintenance costs.

The Curb Creator is family owned and operated. When you call The Curb Creator, you will be connected directly to the company’s owner, Dan Eaglin, who personally does each estimate, and takes the time to answer all of your questions.

“Like” them on Facebook, or visit their website to read customer testimonials, view their extensive photo album of completed projects. Call (760) 345-9696 or sign-up on-line at Thecurbcreator.com for a free estimate.

CAI was incorporated September 20, 1973, but that wasn’t the only news that year…….

The California Legislative Action Committee (CLAC) is a volunteer committee of the Community Associations Institute (CAI) consisting of homeowners and professionals serving HOAs. CAI is dedicated to monitoring legislation, educating elected state lawmakers and protecting the interests of those living in community associations, and its California advocacy arm, CLAC, functions solely on donations from the associations, like yours, it represents.

BUIL

DIN

G A

UN

ITED

FRO

NT

October 18, 2013 / Irvine, CA

A one-day event for California Community Managers, association board members and homeownersFeaturing: •Critical updates on important legal requirements

that impact how you work. •Essential information on key legal developments

that impact where you live.

For more event details: visit www.caionline.org

Support CAI-CLAC by contributing a “Buck-A-Door”

at your Association and your manager and one of your board members will be

entered into a drawing for a chance to win a registration to the CAI Legal Forum: California

Communities plus $100 VISA gift Card. One manager registration and one board member registration will be given away.

Managers will be entered in the drawing for each of their Associations that participate. Contributions made from 10/1/12 thru 9/30/13 will be entered in the

drawing. Winners will be announced in the October 4th Weekly Update.

1. HOA PLEDGE: # Doors_______ X “A Buck a Door or More” = $______________

Name: _________________________________________________Title: __________________________________________________

Association Name: ______________________________________________________________________________________________

Address: ______________________________________________________________________________________________________

City: ___________________________________________________State: ____________Zip: __________________________________

Phone: __________________________________________________Fax: __________________________________________________

E-Mail: ________________________________________________________________________________________________________

Signature: _______________________________________________________________________Date: __________________________

Make your check payable to: CAI-CLACReturn to: CAI-Coachella Valley Chapter, 41-905 Boardwalk, A2, Palm Desert, CA 92211

CAI California Legislative Action Committee (CLAC), is a 501(c)(6) not-for-profit organization. Contributions or gifts to CAI California Legislative Action Committee are not deductible for federal income tax purposes.

YES, I’d like to support CAI-CLAC with a pledge!

CAI Coachella Valley Chapter •41-905 Boardwalk, A2 •Palm Desert, CA 92211 •760-341-0559 •760-341-8443 fax •[email protected]

Continuing Education Credit Available

[email protected]

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV34 35

WELCOME ABOARD

Page 19: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

aCCountants & BooKKeepers

ALLen & ASSocIATeS ......................... 17

brAbo & cArLSen, LLP ...................... 23

ScoTT corPorATIon ........................ 18

asphaLt

AMS PAVInG ......................................... 32

ASPHALT MD’S ....................................... 2

neLSon PAVInG & SeALInG .............. 30

unITeD PAVInG co............................. 39

attorneys

ePSTen GrInneLL & HoWeLL ........... 38

fIore rAcobS & PoWerS ................. 17

Green brYAnT & frencH, LLP......... 27

GurALnIcK & GILLILAnD, LLP ........... 18

LAW offIce of PeGGY reDMon ..... 11

PeTerS & freeDMAn, LLP ................. 30

BanKs

MuTuALof oMAHA bAnK ................. 11

SeAcoAST coMMerce bAnK........... 27

eLeCtrIC & water

coAcHeLLA VALLeY WATer DISTrIcT .................................. 38

InsuranCe

TIMoTHY cLIne InSurAnce ............. 38

LanDsCapInG

conSerVe LAnDcAre ....................... 15

HIGH TecH IrrIGATIon, Inc. ............ 23

KIrKPATrIcK LAnDScAPInG SerVIceS, Inc. ..................................... 18

o'conneLL LAnDScAPe MAInTenAnce .................................... 25

SunSHIne LAnDScAPe ...................... 11

THe curb creATor .............................. 6

VInTAGe LAnDScAPe ......................... 39

manaGement CompanIes

ASSocIA/DeSerT reSorT MAnAGeMenT ...................................... 3

DeSerT MAnAGeMenT ........................ 6

outDoor furnIture

PATIo furnITure DocTorS, Inc. ..... 11

pest manaGement

PoWerfuL PeST MAnAGeMenT ...... 25

pooL pLasterInG

THe LeAK DeTecTorS .......................... 2

pooL DeCK resurfaCInG

cTI of THe DeSerT ............................. 15

CAI-CV Chapter New & Renewing Members Advertisersnew BusIness partner memBers

paCIfIC Coast DeCK CoatInGMr. James Schilling (760) 434-1218 [email protected]

s-2 seaLInG anD strIpInG, InC.Mr. Terry Scott Cechin (760) 578-7817 [email protected]

the CurB CreatorMr. Daniel Eaglin (760) 345-9696 [email protected]

new manaGer memBers

Mr. Rich Lampley (714) 325-7271 [email protected]

merIt property manaGementMrs. Wendy Coyne (760) 834-2485 [email protected]

Ms. Amanda Gray (760) 408-5288 [email protected]

professIonaL CommunIty manaGementMrs. Cari Burleigh (760) 345-4349 (x227) [email protected]

new voLunteer LeaDer memBers

Ms. Camila Silva

Canyon CoLony west homeowners assoCIatIonMr. Alfred Dutra Mr. Raymond Mastalish

GarDen vILLas I owners assoCIatIonMr. Michael Mahon

KInston owners assoCIatIonMr. Tom Reynolds

trILoGy at La QuInta maIntenanCe assoCIatIonMr. John Kelly

Chapter newS advertISer Index

renewInG BusIness partner memBers

aws ConsuLtants, InC.Mr. Carl A. Brown

BIG sKy Gate KeeperMr. Patrick R. Ross

fIrst BanKMs. Jan Hickenbottom

Green Bryant & frenCh, LLpMr. Ronald M. Green

James ernst aCCountInGMr. James H. Ernst

patIo shoppersMs. Kathy Saldana

peters & freeDman, LLpMr. James McComick, Esq.

ppG InDustrIes

pwLC II, InC.Mr. Paul Rasmussen

seCurItas seCurIty servICes usa, InC.Ms. Kaitlin Bohigian

servpro of paLm DesertMr. Neal Tauferner

whItLey’s ConstruCtIon CorporatIonMr. Jason Whitley

renewInG manaGer memBers

Mr. Crispin D. Kelly, CMCA, AMS

Ms. Catherine Pannell

Ms. Patricia J. Smith, PCAM

aLBert manaGement, InC.Ms. Cardinal Ambrose

Desert prInCess hoaMs. Pamela T. Jaymes, CMCA

Desert resort manaGement, an assoCIa CompanyMrs. Jan Baker Ms. Carol Calhoun Ms. Brandi Scott

GoLD Coast property manaGementMrs. Brenda Ravn

ranCho mIraGe Country CLuB hoaMr. William Kingston

sun CIty paLm Desert CommunIty assoCIatIonMr. Steven F. Campbell, CMCA, AMS

the LaKes Country CLuBMs. Sandra Seddon, CMCA, AMS, PCAM

advertISIng InforMatIonContact the CAI-CV Chapter Office

Phone: (760) 341-0559

renewInG voLunteer LeaDer memBers

Casa DoraDo at InDIan weLLs assoCIatIonMs. Rosemary Anaya Mr. Leonard Buchan Ms. D’lisa Craeger Mr. James Domke Mr. Michael Eldridge Mr. Darrel Hume Mr. Kenneth P. Ostrow

CatheDraL Canyon CC ConDomInIum #3Ms. Patricia Abbey Mr. Jack Houdyshell

InDIan Canyon GarDens hoaMs. Dorothy L. Hedd Ms. Leona G. McCabe

LaGuna De La paZ hoaMs. Carolyn Bass Ms. Linda Baughman Mr. William Bryan Mrs. Karen Redmond Mr. Murray Todd

motorCoaCh Country CLuB poaMr. Ron Davis Ms. Christine Kesten Mr. Tony Macaitas Mr. Rudy McTee Ms. Teresa Ringnes

paLm Desert Country CLuB hoaMs. Shirley Hotwagner Mr. James Olsen Ms. Josanne Smith

rIvIera GarDens hoaMs. Olga Bates

sunwest vILLas hoaMr. Ray Smith Mr. Will Wills

vICtorIa faLLs hoaMs. Lisa Holmquist Mr. Geoffrey Roots

roofInG

MccorMAcK roofInG .................... 23

reLIAbLe roofInG............................... 6

WeSTern PAcIfIc roofInG ............. 25

seCurIty

ALLIeD bArTon ................................... 37

SecurITAS SecurITY SerVIceS uSA, Inc. ............................. 23

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV36 37

Page 20: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

WAYSTO CUT YOUR3

SUMMER WATER BILL

For more information,call Coachella Valley Water District

at (760) 398-2651or visit www.cvwd.org

Participate in CVWD’s Large Landscape Smart Controller Rebate Program

Water between sunset and sunrise to decrease water lost to evaporation

Convert your grass to Lush & Efficient Desert Landscaping

our mission

inte

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Su

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eS

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commitm nt

SucceSS

SucceSS

co

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itm

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Knowledgecommitment

integrityKnowledge

integrity

For more than 27 years, Epsten Grinnell & Howell has been a recognized leader in community association law throughout Southern California.

We are a leader in our field for a reason. We work hard to earn our reputation and believe each day is another opportunity to solidify it. By preserving our founding mission of knowledge, integrity, commitment and success, we strive to be an entity that garners the admiration of not only our clients, but also that of our business associates, suppliers and our more than sixty employees.

Call us today ... your association’s success and ours go hand and hand.

Knowledge. Integrity. Commitment. Success.

If you are involved in the management of a community association, you know that State and Federal laws that govern associations complicate decision-making and make the conduct of association business challenging. At Epsten Grinnell & Howell, knowing the details of community association law is our only business. Our attorneys constantly

governing documents. This attention to

practical solutions to legal problems. Let our comprehensive understanding of community association law contribute to the success of your association.

San Diego10200 Willow Creek Rd., Suite 100San Diego, California 92131858.527.0111 • fax 858.527.1531

Inland Empire43460 Ridge Park Dr., Suite 200Temecula, California 92590951.461.1181 • fax 858.527.1531

Coachella Valley72960 Fred Waring Dr., Suite 1Palm Desert, California 92260760.836.1036 • fax 760.836.1040

800.300.1704 l www.epsten.com

to complex Community Association legal issues. If you are involved in the management of a community association, you know that the State and Federal laws that govern associations complicate decision-making and make the conduct of association business challenging. We can help. At Epsten Grinnell & Howell,solving the complexities of community association law is our only business.

Our attorneys handle a continuing and varied stream of association legal matters. We collaborate and share our ever-expanding knowledge with each other, and with our clients. This can be a real benefit to your association, as our attorneys are not likely to be starting from square one when faced with your difficult issue.

Call us today… We have a lot of common interests.

We provide solutions...In Community Association Law…

the Devil is in the details.

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San Diego10200 Willow Creek Rd., Suite 100San Diego, California 92131858.527.0111 • fax 858.527.1531

Inland Empire43460 Ridge Park Dr., Suite 200Temecula, California 92590951.461.1181 • fax 858.527.1531

Coachella Valley74830 Highway 111, Suite 100Indian Wells, California 92210760.836.1036 • fax 760.836.1040

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Save the Date

Friday, November 1, 2013

NIGHTAWARDS

CAI-CV

ROARINGTWENTIES PARTY

Theme Attire Encouraged

Quorum June, 2013 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV38 39

Page 21: Annivers Ary Issue...JUne 013 Annivers Ary Issue CAI turns 40….San Diego National Conference Sensational. Community Association Law: The Past 40 Years and the Next 40 Years. Rancho

JuneBusiness partner mixer topIC: Be A CAI Educated Business Partner when: Tuesday, June 11th, Registration 5:30 p.m. where: Bellatrix at the Classic Club, Palm Desert

CaI-Cv “all star” Bowling tournament when: Friday, June 28th, Registration 5:00 p.m. where: Palm Springs Lanes, Cathedral City

JuLyJoint CaI-Cv & rCsa July LunCh program & mini trade show topIC: Assisting Your Community with Early Prisoner Release When: Friday, July 12th, Registration 11:30 a.m. Where: Palm Valley Country Club, Palm Desert

cAI - cV uPcoMInG

events

Proceeds to benefi t the Manager’s Scholarship Fund

Del Mar, CAJuly 19, 2013

Day at The RacesDay at The RacesDEL MAR RACETRACK

For more information, contact the

CAI-CV Offi ce at 760-341-0559

Join CaI! there are many benefits to being a part of our chapter, including

the monthly Quorum magazine. Call (760) 341-0559 today.

41-905 Boardwalk, A-2Palm Desert, CA 92211