Coachella Valley Community Associations Institute Magazine · 2018-04-02 · Coachella Valley Community Associations Institute Magazine JULy 2014 Indian Hills-Palm Desert Homeowners’

Coachella Valley Community Associations Institute Magazine

July 2014

Indian Hills-Palm Desert Homeowners’ Association

Crisis Management: Five Principles for Success

Press and Media Communications: Be Careful!

2014 CAI National Conference

InsIde

Honesty, Integrity, Quality

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2820

CHAPter ANNouNCeMeNt

Welcome to our neW chapter executive

director callen lockett

the cai-cv Board of directors is pleased to announce our new

chapter executive director, callen (cal) lockett. cal is a coachella

valley resident and has worked in the non-profit industry for many years.

he brings a depth and understanding of non-profit membership, fundraising

and event planning to our chapter. cal will assume the executive director position in mid-July.

Quorum July, 2014 coachellavalleycai.org facebook.com/caicv twitter.com/cai_cv4 5

CoNteNtS

5

BoArD oF DIreCtorS CoACHellA VAlley CHAPter 2014

CHrIStINA BAINe DeJArDIN, eSq., PreSIDeNtpeters & Freedman, llp

NeNA t. rutHerForD-MIlwArD,CMCA, AMS, PCAM, CCAM, PASt PreSIDeNt

desert resort management, an associa company

tAD BlACk, PreSIDeNt eleCtGothic Grounds management, inc.

PAulA tAPIA, treASurerpacific Western Bank

roB wINkle, SeCretAryWestern pacific roofing

Art Coulter, DIreCtorpalm valley homeowners association, inc.

MIke MAStroPIetro, DIreCtororange coast Building Services

GrACe PAluCk, DIreCtorthe management trust, monarch Group division

PHyllIS HArkINS, DIreCtorpalm desert country club association

GerArD GoNzAleS, DIreCtoralbert management

leSlee wIllIAMS, DIreCtordesert resort management, an associa company

cai coachella valley office 41-905 Boardwalk Suite a-2

palm desert, ca 92211 tel: (760) 341-0559 Fax: (760) 341-8443

Website: www.cai-cv.org

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 profes-sional 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.

ArtICle SuBMISSIoNS or ADVertISING INForMAtIoN

[email protected]

Features

12 Indian Hills-Palm Desert Homeowners’ Association, Inc. By Jay Powell

18 Crisis Management: Five Principles for Success By Margaret G. ‘Gen’ Wangler, Esq., CCAL, and Lori Albert, CCAM

22 Press and Media Communications: Be Careful! By Gary Kessler, Esq.

Chapter events

20 May Luncheon Program CRISIS MANAGEMENT:

What to Do When All Hell Breaks Loose

28 CAI National Conference May 14 – 17, Orlando FL.

By Tad Black

12

18

22

quoruM CoMMIttee MeMBerS

FrAN MullAHy vintage associates, inc.

MArGAret “GeN” wANGler, eSq. CCAlFiore racobs & powers

GAry keSSler, eSq.adams kessler plc

JAy Powell

JoHN wAlterS – ClArknpG/nelson paving & Grading

lAurIe S. Poole, eSq. CCAlpeters & Freedman, llp

PAulA tAPIApacific Western Bank

PHyllIS HArkINS, CMCA, CCAMpalm desert country club association

SteVeN SHuey, PCAM, CCAMpersonalized property management

rAMoNA ACoStAtinnelly law Group

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.

Chapter news

10 CAI-CV Chapter New & Renewing Members

36 Be A 2015 Board Member with Coachella Valley CAI

36 Have You Heard?

37 Advertisers Index

Departments

8 President’s Message By Christina Baine DeJardin, Esq.

14 Get to Know Your Board of Directors

Mike Mastropietro

15 Time Honored Keith Lavery

By Laurie S. Poole, Esq., CCAL

16 Homeowners Association Law Associations and E-mails: Beware the

Risks of Convenience By Tracy Fuller Linkowski, Esq.

17 Welcome Aboard NPG-Nelson Paving and Grading

By Sharon Nelson

24 Technology Today Cool Roofs for Hot Summers!

By: Dan Stites

31 CAI National Out of the Ordinary—

2014 CAI National Conference By: Christina Baine DeJardin, Esq.

CAI-CV 2014 Platinum Sponsor Spotlight

33 Farley Interlocking Pavers

34 Epsten Grinnell & Howell

38 CLAC News 2014 CLAC update

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ATTORNEYS AT LAW

Member of CAI and CACM

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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


FroM tHe CHAPter

President’s MessageChristina Baine DeJardin, esq., Peters & Freedman, llP, CAI-CV Chapter Board President

I hope that you are all making it through the summer and enjoying long days in the pool.

I know you will love this issue, which is jam packed with information and tips for handling crises in our communities. I’m sure you will find several nuggets of advice that will come in handy.

We have been receiving a great deal of positive feedback about our recently launched Manager on the Run (MOTR) program. These smaller, more focused, programs have really resonated with man-agers. Remember, the MOTR programs are held in the months when there is no luncheon program.

Our June MOTR program featured Peters & Freedman’s James McCormick, who shared his tech savvy-ness with the attendees. The program focused on how to use technology to get work done more efficiently. I’m sure the group not only learned a lot but had a lot of fun as well.

Our next MOTR program will be held on Friday, August 8, 2014, at 8:30 a.m., at the Palm Desert Country Club Association. August’s topic is Board Relations, Leadership and How to Deal with Dif-ficult Boards. The speaker will be Karen Conlon, President and CEO of California Association of Community Managers (CACM). Please contact the Chapter Office to register.

Our next luncheon program will be held on Friday, July 11, 2014, at Palm Valley Country Club. Mike Graves from SCT Reserve Consultants, Inc. and Keith Lavery from Albert Management will be presenting on Reserve Funds and Budgets. Registration begins at 11:30 am. Be sure to register early.

Great news for the CAI-CV Chapter!! After a comprehensive search and interview process, the Board of Directors is proud to announce our new Chapter Executive Director, Callen (Cal) Lockett. Cal will assume his position in mid-July. Cal’s strong background in non-profits will be an asset to our Chapter, and the board looks forward to his introduction to the membership during the summer. Welcome aboard Cal!

Don’t forget to like us on Facebook and follow us on Twitter for some instant updates at Facebook.com/CAICV and Twitter.com/CAI_CV.

Christina Baine DeJardin, Esq.

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CAI-CV Chapter New & Renewing Members

CHAPter NewSCHAPter NewS

new Business partners

patty nixnix’s professional restoration (760) 635-9655 [email protected]

JenniFer James, esq.affordable hoa legal Services (760) 702-7929 [email protected]

patriCk sheehanrenova Solar (760) 568-3413 [email protected]

new multi-Chapter Business partners

JOanna velarDeunited paving co. (714) 739-2200 [email protected]

JOn parsOnstruGreen landcare (760) 501-6214 [email protected]

wenDy mOulDer, CmCacid consortium, llc (916) 607-0011 [email protected]

new manaGers

riCharD emery leBel, sr.albert management corporation [email protected]

linDa nelsOnGold coast property management [email protected]

eriC CharOsSunrise country club homeowners association [email protected]

JenniFer CarrOllFirstService residential [email protected]

Frank J. melónmarrakesh country club [email protected]

new Ca vOlunteer leaDers

el paseO villaGetamara Sorensen Jay l kanner

BermuDa Dunes COmmunity assOCiatiOnpatrick Bohner, cmca

reJOininG Business partners

Crank BrOthers rOOFinG COmpany(949) 548-5569 [email protected]

DeBBie matuszakliftmaster (630) 530-6056 [email protected]

rhOnDa reeDnelson paving and Grading (951) 505-0149 [email protected]

kathy salDanapatio Shoppers (951) 696-1700 #214 [email protected]

JOseph yslasSherwin-Williams company (760) 218-1197 [email protected]

nishan JOshiWest one Building Services (714) 575-1189 [email protected]

reJOininG manaGer

pamela t. Jaymes, CmCadesert princess homeowners association [email protected]

reJOininG Ca vOlunteer leaDers

Casa DOraDO at inDian wells assOCiatiOnleonard Buchan laurel Burke d’lisa craeger michael eldridge pauline Freberg mark harner kenneth p. ostrow

CatheDral CanyOn C.C. #6don eckhart craig matthias lynn olson lee page John vertes

CatheDral CanyOn C.C. COnDOminium #3patricia abbey Gerald arnusch robert hague Jack houdyshell michael J. Siano, iii

renewinG Business partners

miChael nash, rsassociation reserves ie, llc (800) 733-1365 [email protected]

tOny BrasilBrS roofing, inc. (909) 884-8505 [email protected]

nOrm BrOwndesert Security Services (760) 791-5700 [email protected]

renewinG manaGers

william CliFFOrD, CmCadesert resort management [email protected]

mOniCa alvaraDOdesert resort management [email protected]

Catherine GarCiadesert resort management [email protected]

nanCy C. parkinsOn, amsdesert resort management [email protected]

CarOlyn r. quintana, CmCa, amsdesert resort management [email protected]

CarOl whitlOCk, pCamdesert resort management [email protected]

Diane Gentrymotorcoach country club property owners association [email protected]

patriCia J. smith, [email protected]

CarDinal amBrOse, CmCaalbert management corporation [email protected]

keith l. lavery, pCamalbert management, inc. [email protected]

James pierCeyGold coast enterprises [email protected]

Dennis elam, CmCaheritage village master association delam@heritagepalorg

teresa a. FalCOner, CmCa, amslakes country club association [email protected]

CanDiCe GOrGesn.n. Jaeschke, inc. [email protected]

eve weBeroasis palm desert homeowners association [email protected]

rOnalD searsoutdoor resort palm Springs owners association [email protected]

miChael walker, CmCa, ams, pCampGa West residential association [email protected]

rOsanna CarDenasprime association Services [email protected]

vanessa r rOBertsOn, CmCa, amsSun city palm desert community association [email protected]

steven F. CampBell, CmCa, amsSun city palm desert community association [email protected]

ellen kahhan, CmCathe management trust-monarch management Group a division [email protected]

renewinG manaGement COmpanies

avail prOperty manaGementiyad khoury (760) 771-9546 [email protected]

Desert resOrt manaGement mark dodge, cmca, amS (760) 346-1161 [email protected]

quality manaGement OF the Desert, inC.martha osborne larby (760) 200-9520 [email protected]

renewinG Ca vOlunteer leaDers

CanyOn sOuth hOmeOwners nO. 1don deFrancq Bob ericksen roy landon mark tursi chuck mendenhall

COurtyarDs at Desert FallsGreg vaka

hiGhlanD sprinGs COuntry CluB hOmeOwners assOCiatiOnJoe Bonaventura rhea Weber

maraBella estatesJohn edwards Board member

missiOn lakes COuntry CluBGeorge Bagnall carol Wilton Susan poppey Janet rodgers

mOtOrCOaCh COuntry CluB prOperty Owners assOCiatiOnles davidson charles Fair Judy Gregory hal murphree ron davis

palm Desert COuntry CluB villasJackie Gish Jerry holm

ranChO miraGe COuntry CluB hOmeOwners assOCiatiOnJack Finkelstein robert lucas dale thune al Schardin mary Willis

seven lakes hOmeOwner assOCiatiOn, inC.

Silas dreher

sunrise raCquet CluB Owners assOCiatiOn

Jack helscher nancy luckritz leslie Wheeler

Welcome to July’s Community Spotlight-- Indian Hills-Palm Desert Homeowners’ Association, Inc. This com-munity is nestled off Highway 74 near the Bighorn Country Club in Palm Desert. Its residents will proudly tell you that it is the coolest spot in Palm Desert. This 119 lot PUD sits on slightly more than eleven acres of fee land. Built in the 1970s, Indian Hills has six pools, five spas, and three championship style tennis courts. Its architect was creative in designing two of the tennis courts to face east and west, and the third to face north and south for friendly play-ability regardless of what sun angle might be encountered

at different times of the day. Although there are many inte-rior greenbelts, the

Association has also installed desert-scape areas through-out the property. And the desert-scape is not just rocks and cactus. There are low water using flowering plants blended into the landscape layout, fronting the residents’ homes and also on slopes, thus providing a nice splash of color. Low maintenance and low water use are important to this community. Some of the ongoing projects are more desert-scape conversions in the future and roof replacements. The community recently completed resurfacing and resealing of the tennis courts.

This Association is managed by Alexis Fidler of Desert Resort Management. With prices ranging from $265,000 for the two bedroom homes to $365,000 for the 1,600 square feet, three bedroom homes, this community is very affordable. The old real estate saying, “location, location,

Indian Hills-Palm Desert Homeowners' Association, Inc.By Jay powell

location,” certainly applies here. A bike ride from the shopping and dining spots on El Paseo, this community is ideal for the full time or snowbird resident.

The five members of the Board of Directors also serve as members of the landscape commit-tee and the architectural committee; in addition, the Board provides inspections of the grounds and all homes twice a month. The Board and the homeowners take a special interest in their community, and that is the reason it was named 2011 Association of the Year. As Alexis said dur-ing our interview, “Not only do the location and amenities provide homeowners with a fun and entertaining community experience, it also has a Board of Directors that takes great pride in car-ing for the appearance and upkeep of the com-munity. “

If you are looking for a new place to call home, or if you are a part time Coachella Valley resi-dent, you are encouraged to visit Indian Hills.

Jay Powell is a certified arborist and licensed landscape contractor. He can be reached at 760-413-2466 or [email protected].

A bike ride from the shopping and dining spots on el Paseo, this community is ideal

for the full time or snowbird resident.


FeAtureFeAture

• Landscape Maintenance• Tree Care• Enhancement & Construction• Water Conservation• 24 Hr Emergency Service

760.343.143372265 Manufacturing Road • Thousand Palms, CA 92276

www.conservelandcare.comLicense No. 958748

CAI-CV

Get to Know Your BoArd of dIreCtors

Mike Mastropietro

director of Client services for oCBs, Inc.

2014

Mike has been the Director of Client Services for over 20 years at OCBS, Inc., a full service general contractor that was established in Orange County and has steadily expanded throughout the State of California, with offices in Orange County, San Diego, Los Angeles, San Francisco, and San Jose. Mike works with a variety of clients such as multi-family, single-family, mixed-use, mid-rise, and high-rise developments; these projects include rehab, reconstruction, and historical buildings.

As a Director of Client Services, he is the go-to for all of his clients. His forte is to successfully maintain customer relations, and to always provide continuity and support, helping to bring construction projects to fruition. As a people-person by nature, he has exemplary communication and networking skills. His ongoing communications keep clients apprised of their construction projects’ status. He also acts as the liaison to developers and attorneys involved in the reconstruction, repair phase, and defect litigation cases.

Mike is actively involved in professional trade organizations including CAI, CACM, and BIA. His accomplishments include past board member of CAI Orange County Chapter, current CAI Coachella Valley board member, in his 6th year, and past chair of CACM Council of Affiliate Members. Mike was instrumental in founding the Council of Affiliate Members for CACM. His efforts were acknowledged when he was honored with the CACM President’s Award and Vision Award for Excellence in Services in 2001.

When Mike is not busy traveling amongst OCBS regional offices, he is spending time in Orange Country or the Coachella Valley with friends and family. He also enjoys his time with charitable organizations such as Susan G. Komen Foundation, Mission Hospital Foundation, and The Painted Turtle (an innovative camp for children with serious illnesses and their families).

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.

www.securitas.com/us/en

CAI-CVad.indd 1 11/29/12 2:02 PM

Keith is Vice President of Client Operations for Albert Management Inc., located in Palm Desert, Califor-

nia. He earned his PCAM designation in 1991 and was one of the first 500 PCAM’s in the country! Keith has been involved in the industry for 30 years and has been a mem-ber of CAI since 1986.

Keith graduated from the University of Southern California with a Bachelors of Science in business with an accounting emphasis. He began his career in public accounting, planning to be a CPA. While work-ing as an auditor, his boss informed him that they were going to start doing work for homeowners associations. Although he did not know what a HOA was, true to form, Keith dove in and began preparing audits and updating reserve studies for associations.

After serving for a few years as the auditor for Wood-bridge Village Association in Irvine, Keith was recruited by the association’s Executive Director, Bob Figeira, to become the controller and administrative manager. Keith describes Bob as his “professional mentor” who “taught me the best things about this industry and was a tremendous encouragement to my professional growth.” After over 10 years at Woodbridge, Keith became the CFO and, later, the Vice President of Operations for a large management company in San Diego.

When he first moved to the Coachella Valley twelve years ago, Keith left the industry for a short time. He returned to management, serving as controller and other positions for different management companies before landing his current job with Albert Management Inc. Keith states, “Having grown in this industry to a position that allows me to work with our management teams, staff and boards of directors to share my profes-sional experience and provide guidance is extremely rewarding, and having the opportunity to do all this in

By laurie S. poole, esq., ccal

TIME HONORED MEMbER

keItH lAVerythe environment of a great family owned local company is an added benefit.”

Keith joined CAI to pursue professional education opportunities. Most of Keith’s CAI service has been at the national level. He has served on the national faculty, teaching numerous classes and professional programs throughout the country. He was also on the task force to re-write the PDMP courses for the PCAM designation. Keith feels his greatest contribution to CAI is in the area of education and mentoring: “I love being able to teach, share and mentor not only colleagues in the industry but also board members, and even homeowners from time to time. Many people have told me I have a natural knack for it and that is probably because I am passionate about what we do.”

Although he claims he did not “choose” this industry and “grew” into it, Keith is passionate about what he does and finds his work important and rewarding. He appreciates the impact we have on people at a personal level regarding their homes and the communities in which they live. In response to a question about what other career would he like to have done, Keith states: “I wouldn’t do anything else; I probably won’t even retire… I know it sounds a bit crazy but part-time consulting and teaching in the industry in old age sounds pretty damn good.”

Keith enjoys traveling and spending time with his three adult children who he describes as “the joys of my life and my greatest accomplishment.” Keith and his partner (who also works in the industry – thanks to Keith) live in Cathedral City. They love living in the des-ert and say it’s like waking up in a postcard every day. One of Keith’s greatest inspirations was his grandfather who taught him from a very young age “there is no such word as can’t.”


Associations and E-mails: Beware the Risks of ConvenienceBy tracy Fuller linkowski, esq., peters & Freedman, l.l.p.

The ease and convenience of e-mail communications outshine potential risks. In the association context, e-mails can be a speedy and efficient communication tool with management, directors, homeowners and third parties. Too often, however, an association with a director or home-owner on the “Olympic E-Mailing Team” may find itself in political or legal hot water due to improper or inaccurate e-mail practices. Managers and directors need to be aware of common e-mail mistakes, potential liability and limita-tions on using e-mails to conduct association business.

Accuracy Matters

Wyatt Earp is famously quoted: “Fast is fine, but accu-racy is everything.” E-mail blunders can easily occur in a few quick key strokes. Functions such as “cc,” “bcc,” “reply all” and “auto-complete” carry the potential of inadvertent disclosures to unintended recipients. This can be a costly mistake. For example, an attorney sent an e-mail to oppos-ing counsel with a “cc” to his own co-counsel and a “bcc” to his client. The client responded to his attorney using the “reply all” function, unwittingly sending his response to opposing counsel as well. In another example, an attorney accidently sent a confidential e-mail intended for his client to his client’s ex-employer. The mistake happened because an “auto-complete” function filled in an old e-mail address for the client at his former employer. The former employer

attempted to use the contents in litigation. In both cases, these mistakes resulted in protective motions and attor-neys’ fees. Before clicking “send,” review the intended e-mail recipients. After sending an e-mail to the intended recipient, forward the e-mail to additional recipients instead of copying, blind copying or replying to all.

out of Control e-Mails

Uncontrolled e-mail communications can result in inac-curacies, expense and legal issues. Managers are expected to respond to a daily onslaught of emails on a broad range of issues, immediately, which may sacrifice accuracy. Time is money. Each e-mail that a manager or attorney reviews or responds to is an increment of time billed to the associa-tion. Further, association e-mail communications create a record that can and will be used against an associa-tion. If a lawsuit is filed in connection with an association issue, all e-mails related to that issue can be discoverable unless a privilege applies. In an era where people are not always guarded or careful in their e-mails, this could be

disastrous. The attorney-client privilege does not automati-cally apply by merely copying the attorney on an e-mail. Courts will look to whether the e-mail seeks or communi-cates legal advice between the association and its attorney. Establish parameters for how the manager’s time should be spent on responding to association e-mails and when to seek legal advice. Adopt an e-mail policy, discussed below, for emails between directors.

e-Mail Meetings

Commencing January 1, 2012, conducting a board meeting via a series of electronic transmissions, includ-ing e-mails, is prohibited except in emergency situations (Civil Code Section 4910). Even if directors are not decision-making in e-mails, if a majority of directors are discuss-ing or deliberating an item of business using e-mails, this conduct circumvents the requirements of an open board meeting (Civil Code Sections 4090, 4155, 4900 - 4955). E-mails between directors should be limited to emergen-cies, ministerial functions (scheduling meetings, setting agendas, informational, following up on matters decided at a meeting, etc.), or to matters delegated to a person or persons, manager, officer or committee (less than a major-ity of the board) (Section 4155). For example, the board may delegate authority to the president and manager to oversee certain tasks in between meetings, who may consult with other directors via email.

Adopt an e-Mail etiquette Policy

Consider adopting a policy governing association e-mail communications. The policy could include possible guide-lines that: prohibit conducting business via e-mail outside of open board meetings unless an emergency; limiting director e-mails to ministerial matters; limiting direct contact between directors and owners via e-mail; keeping a professional tone in association related e-mails; and clari-fying use of personal and association e-mail addresses.

The convenience of e-mails cannot be disputed. Inher-ent in this technology, however, are risks. Uncontrolled or unintended e-mails can expose an association to liability, create a political firestorm in the community or result in additional expense. Protect your association by being aware of common e-mail mistakes and limitations on e-mail use, and adopting a policy governing association e-mail communications.

Tracy Fuller Linkowski, Esq. is an associate with the law firm of Peters & Freedman, L.L.P., a full-service law firm representing associations in Southern California. Tracy can be reached at

(760) 773-4463 or by email at [email protected].

too often, how-

ever, an association

with a director or

homeowner on the

“olympic e-Mailing

team” may find

itself in political

or legal hot water

due to improper or

inaccurate e-mail

practices.

By Sharon nelson

Sharon nelson

Founded in 1961, NPG Corporation - “Nelson Paving & Grading” is now a third generation family owned company that has stemmed from a foundation based on its values, commitment, and the trust its customers have put into our hands. Our company’s founder

Jewell Nelson successfully passed down the familial business to Jeff and I in 1982. I am proud to say that my two children and their spouses have continued with the family business. We have also been blessed with four grandchildren, so does this mean NPG will continue to a fourth generation? I have high hopes that it will!

In the asphalt business for over a half century, we have survived the test of time by incorporating this motto of “Without great customers and employees, we are nothing”. I take pride in our company’s mor-als and ethic standards by appreciating the people who take part to ensure our company offers the best service to our customers. With the wisdom we have acquired over the years in the asphalt industry, we look forward to continuing to offer the best quality work and service to our customers in the Coachella Valley.

I encourage you to come to NPG for all your asphalt maintenance needs as we specialize in all aspects of asphalt paving, concrete, and seal coat application. Backed by our exceptional insurance coverage, we not only work hard to provide our cus-tomers with great quality service, we strive to make our customers feel comfortable knowing they are protected when using our services.

I have always valued the relationship with YOU, our customer, and hope to extend our services fur-ther by offering the latest in asphalt maintenance technology. I’m always happy to meet and hear from our customers, so please contact me directly, or contact our Business Development Manager, John Walters-Clark at [email protected], or 760-822-3258

Sharon Nelson is the CFO of NPG-Nelson Paving and Grading. She can be reached at [email protected].

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NPG-NelSoN PAVING AND GrADING


HoMeowNerS ASSoCIAtIoN lAw

Crisis Management: Five Principles for Success

By margaret G. ‘Gen’ Wangler, esq., ccal, and lori albert, ccam

Whether your community has 15 condos or 1,500 homes, your board of directors may be faced with a crisis at some point. While it is difficult to predict what the emergency will be, it’s important to have a plan to effectively deal with the situation when it arises.

There are five basic principles to consider when dealing with a crisis:

Face It – If it feels uncomfortable or wrong, it probably is. Don’t bury your head in the sand and hope the situa-tion will pass. Ignoring the problem will always lead to a larger headache in the future. Bad news travels fast, espe-cially in today’s digital world of smartphones, tablets and social media. Give yourself permis-sion to accept something is wrong and prepare yourself to take action. The best crisis response plan begins early, at the first indication of trouble.

Identify Your Stakehold-ers and Engage the Experts – And do it quickly. Determine who has been impacted by the situation, and who needs to be involved in formulating the resolution. Within com-munity associations, our stakeholders are generally the members or the developer and their representatives. You may also want to consider your insurance carrier a stake-holder. In extreme crisis situations, the association may be threatened with a lawsuit. In that case, you may need to put your liability carriers on notice of the potential claim. It is particularly important to put the association’s Direc-tors’ and Officers’ (D&O) liability carriers on notice. D & O policies are almost all “claims made” policies, mean-ing that the carrier must be put on notice of any claim or potential claim during the current policy period. If you do not comply with the notice requirements in the policy, the carrier may deny coverage.

In most cases, you should engage your attorney in the

early stages of your crisis response. It’s especially impor-tant to do so when compliance with state or federal laws (such as the federal Fair Housing Amendments Act, or California’s Unruh Act) is being questioned or challenged. Your attorney can also advise you of the right to privacy for any party involved.

For areas outside of your expertise, rely on professionals to help you understand the variables of the crisis and your best options for a response.

Be Upfront – When working through the resolution, commit to being upfront with your stakeholders – especially the news media. When working with the media, make sure you have identified a single point of contact and one person who is authorized to speak on behalf of your organization. Empower your authorized representative to answer questions from the media and the stakeholders.

Commit to addressing the sit-uation and providing all the facts (to the extent possible) without violating the privacy of any one party. Be sure to explain the association or board’s obligation

to react or respond. Help your stakeholders understand what you are dealing with, when you plan to take action and your intended response.

Be sure to communicate the details of your response to the stakeholders frequently. Explore all options available to you for delivering your information: website updates, email and voice mail blasts, letters, phone calls, Facebook and Twitter postings, notices posted in the common areas, etc. Today’s technology offers a multitude of ways to deliver your message. At a minimum, use email to deliver rapid and frequent communication to your stakeholders.

People get very frustrated when there’s no forthcoming information – just think about your frustration when wait-ing for a delayed train or flight. If they know what’s going

on, your stakeholders will be more inclined to help you deal with the crisis and be patient.

Lack of communication leads to rumors, and rumors cause more damage than facts. There’s a positive feeling associated with being in the know, and in a crisis you need to cultivate positive feelings.

Make Yourself Available – Unusual activity calls for unordinary levels of communication. If the news media is pursuing the story, make sure reporters have the autho-rized spokesperson’s cell phone number and email address. Reporters work on tight deadlines and do not have time to wait days or hours for a returned phone call or email. While talking to the media, be sure to keep your statements short and to the point. If you don’t know an answer, ask for time to check the facts, and then get back to them. As long as you respond in reasonable time everyone wins.

Don’t expand on spontaneous thoughts or attempt to recreate the facts of the situation. Stay focused on your obligation to respond and appropriately react. Whenever possible, keep your comments positive and focused on the resolution of the situation. Choose your words carefully. For example, instead of referring to a business entity, the “association,” which can sound cold, refer to the “commu-nity.” Talk about the volunteers, the members of the board, who lead the community. Don’t feel pressured into giving an immediate response. And never say “no comment.”

If the crisis is related to a particular event that occurred within the community, the media will want access to the property to shoot footage or take pictures. While they do have “freedom of the press,” the news media does not have the right to enter private property without permission. You do not have to grant them access to the property. If you choose to allow them in the community, be sure to provide an escort or have your authorized spokesperson available to accompany the media personnel while on the property.

Move On – When it’s all over, be sure to encourage everyone to move on. Closure will come and at that point it’s important to encourage everyone to look toward the future.

Margaret G. “Gen” Wangler, Esq, CCAL.,is a senior shareholder of Fiore Racobs & Powers, which devotes its practice to the representation of community associations. She can be reached at

[email protected] or 760-776-6511.

Lori Albert is the CEO and President of Albert Management in Palm Desert, CA. You can follow her on Facebook and Twitter @AlbertMgt or contact her at [email protected] or

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Although it may be exciting and tempting for association managers, directors, employees and

other agents to speak with the press or make postings on social media or elsewhere on the internet about interest-ing association-related matters, there are legal reasons as to why such temptations sometimes should be resisted. What follows is a short discussion of some of these issues.

1. Potential Admission. If an Association agent makes a statement to the press or on the internet about an Association-related matter, such a state-ment has the potential for being be used as an admission against the Association in subsequent litigation. There are several types of admissions, one of which is an “authorized admission”. An authorized admission is any statement made by an agent who is authorized to speak for his or her principal on a particular subject. Thus, if an Asso-ciation manager or director is approved to interact with the press about a particular matter, anything that the manager or director says to the press can be considered as an authorized admission and introduced into evidence against the Association in a lawsuit. Such statements may be very damag-ing to the Association’s interests.

2. Potential Defamation. One always must be care-ful not to make any statement verbally or in writ-ing about another person which may be considered as defamatory. This is especially true where the statement is made to the press or on the inter-net, since such statements are likely to be widely disseminated, thereby increasing the potential damages resulting from a defamatory statement. What is a defamatory statement? Generally, it is a statement which is false, which tends to harm the reputation of another as to lower him/her in the estimation of the community, or which tends

to deter third persons for associating or dealing with him/her. The law of defamation is complex, and there are additional requirements, such as where the person allegedly defamed is a public figure.

3 Potential Invasion of Privacy. Another potential pitfall is where a statement to the media refers to a private or personal matter. One basis of a privacy claim is based upon the public disclosure of a private fact which “would be offensive and objectionable to a reasonable person and… which is not of legitimate public concern.” (Schulman v. Group W Productions, Inc. (1998) 18 Cal.4th 200, 214.) A second type of pri-vacy claim occurs when a disclosure subjects a person to unreasonable and highly objectionable publicity, attributes to him or her characteristics, conduct or beliefs that are false, and places that person before the public in a false position. And a third type of privacy claim can be based upon a violation of the Califor-nia Constitution, which protects certain “inalienable rights”— including the right of privacy. (Ca. Const. Art. I, § 1). Therefore, Association directors and managers must be extremely careful about saying something to the press which could invade another person’s right to privacy.

4 Potential Privacy Claims By Association Employees. Additional privacy concerns arise when the subject of a statement to the press involves an Association employee. In this regard, a discharged employee may bring an invasion of privacy claim based upon the California Constitution if an Association manager or director discloses the reasons for an employee’s ter-mination. (Payton v. City of Santa Clara (1982) 132 Cal.App.3d 152, 155). Similarly, if information is published which reveals the content of an Association employee’s personnel records, such a publication also could be the subject of an invasion of privacy lawsuit. If health

information is involved, California law requires that all employers establish “appropriate procedures” to ensure the confidentiality of an employee's medical history or mental or physical condition. Importantly, if health-related information about an employee is referenced in an Association’s media communica-tions and the Association has not adopted appropriate confidentiality procedures, then compensatory and punitive damages may be awarded by statute for such unauthorized disclosures. (Civil Code sections 56.20 and 56.35).

5 Potential Waiver of Attorney-Client Privilege. If a director or manager’s statement to the media is based upon confidential communications with the Associa-tion’s attorney, such a public communication could be considered as a waiver of the attorney-client privilege. In this regard, Evidence Code section 912 states that the attorney-client privilege may be considered as waived where a significant portion of the communica-tion is disclosed. Caution must be exercised whenever referencing the contents of protected communications with the Association’s counsel.

As you can see, Association managers, directors, employees and agents cannot be too careful when speak-ing to the media or making internet postings about Asso-ciation-related matters and incidents. After speaking with the press or posting on the internet, you cannot take back whatever was said or written. Therefore, it is always best to be careful and think carefully before you are interviewed by a reporter or make an internet posting.

Gary Kessler, Esq, is with Adams Kessler PLC. You can reach him at (310) 945-0280 or by email at [email protected]

Press and Media Communications:

Be Careful!By Gary kessler, esq.

“would be offensive and objectionable to a reasonable person and… which is not of legitimate public concern.” (Schulman v. Group W Productions, Inc. (1998) 18 Cal.4th 200, 214.)


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Title 24 of the California Building Code establishes standards for energy efficient construction in the State. It addresses requirements for energy efficient windows, insulation, ventila-tion, and roofing systems, to mention a few. The fundamental objective of Title 24 is to reduce the consumption of natural resources used in the heat-ing and cooling of buildings. For roof-ing systems, Title 24 generally applies to new or retrofitted roofs on buildings with more than 2,000 square feet of air-conditioned space, with require-ments that differ for residential versus commercial construction. Although it establishes a set of requirements for building construction, we like to think of Title 24 a little differently – we see it as a collection of opportunities!

The California Energy Commission estimates that a ‘cool roofing system’ alone in Southern California can save an average of 15% of a building’s heat-ing and cooling costs. Considering the cost of air conditioning in the summer time and heating in the winter time, that 15% can be a significant number. It can also reduce the need for the construction of new power generating stations, reduce ‘rolling brown-outs’ that can be experienced during the peak summer cooling season, and also conserves this country’s pre-cious natural resources. In addition, cool roofs generally last longer and can require less maintenance than

traditional roofing systems. These are some very sound reasons to consider a cool roofing system – whether man-dated by Title 24 or not!

What is meant by the terminology cool roof? In general, a cool roof is one that is highly reflective during the sunny daytime and that emits mini-mum heat radiation during the cold nighttime (called ‘reflectivity’ and ‘emissivity’ respectively). Cool roofs will stay 50°F to 60°F cooler than a tra-ditional roof under a hot summer sun!

Over 90% of the environmental

heating and cooling of a building is due to radiation. This is fairly obvious during sunny daytime hours when we can feel the warming radiation from the sun. It is not so obvious at night when the opposite is occurring. At night, the building loses heat by radia-tion to the sky – essentially, the warm building is ‘heating’ the sky by losing its heat (cooling) through radiation. Have you ever wondered why frost can form (water can freeze) when the nighttime air temperature is above freezing? The answer is that the dew

is cooled below the air temperature due to radiation heat loss to the sky. Therefore, a cool roof must minimize radiation heating during the day-time by having high ‘reflectivity’ and minimize radiant cooling during the nighttime through low ‘emissivity.’

So what exactly what is a cool roof-ing system? For flat roofs, this usually means a light colored surface (bright white is most efficient) and for pitched roofs this generally means tiles or shingles that have been specially treated to show a decorative color but

Cool Roofs

for Hot Summers!

By: dan Stites

solar Reflectance:thefractionofsolorenergythatisreflectedbytheroof

Thermal emittance:therelativeobilityoftheroofsurfacetoradiateabsorbedheat

Someheatisabsorbedbytheroofandtransferredtothebuildingbelow

Thesun’sradiation

hitstheroofsurface


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the fundamental objective of California’s title 24 energy efficiency Standards is to reduce the consumption of natural resources used in the heating and cooling of buildings. title 24 Cool roofs will stay 50°F to 60°F cooler than a normal roof under a hot summer sun. to save energy, save money, extend roofing system life, and be a good ‘Green Neighbor,’ think title 24 Cool roofs!

still have the proper levels of reflectiv-ity and emissivity. Title 24-compli-ant pitched roofs are very difficult to tell from non-compliant roofs when viewed from street level.

When it is time to replace a flat roof, there are many viable Title 24 cool roof options to consider:

• Built-Uproofingsystems:Thisiseasiest to envision as the tradi-tional multi-layer hot asphalt roofing system with a granulated cap sheet finish but, for a cool roof, rather than the traditional gray coloration, the cap sheet is finished with a light-colored coating that has been tested and documented to meet Title 24 stan-dards. In addition to ‘hot asphalt’ roofs, there are many other similar ‘built-up’ systems that are available.

• Single-Ply:Thesingle-plysys-tem is analogous to a ‘swimming pool liner’ on the roof. There are many types of single-ply systems – EPDM, PVC, TPO, and others – each with its own advantages, depending on the particular application. As with the built-up systems, single-ply products have been tested and documented to meet Title 24 standards.

• Othersystemsarealsoavailablesuch as spray-on polyurethane foam roofing systems. As noted above, the specific roofing project will dictate which system is best for the particular application.

For pitched roofs, many manu-facturers offer Title 24-compliant systems for tile, synthetic, and com-position roofs. Although these sys-tems are not as efficient as ‘bright white’ flat roofing options, they are attractive in appearance and have been tested and documented to meet the Title 24 standards, thus bringing all of the benefits of an energy-efficient cool roofing system.

It is not likely that anyone would tear off a perfectly good roofing system to install a Title 24 cool roof. Fortunately, there are retro-fit options that are cost-effective, extend roofing system life, and bring the energy efficiency and cost savings of Title 24 compliance. These are typically ‘roof coating’ systems that can be applied to an existing roof while the roof still has remaining life. There are many roof coating options for flat roofs that are a fraction of the cost of a new roof-ing system, and can have warran-tees of up to 20 years. Cost-effective Title 24-compliant coating systems are available for pitched tile roofing systems as well.

So to save energy, save money, extend roofing system life, and be a good ‘Green Neighbor,’ think Title 24 Cool Roofs! For more informa-tion, you can visit www.energy.ca.gov/title24/

Dan Stites is a licensed Professional Engineer and licensed California General Contractor and

Roofing Contractor. He was educated at Cal State University, Long Beach, Rice University, and Thunderbird, Garvin School of International Management. He is currently Chairman and CEO of Crank Brothers Roofing Company, Inc. and CBCI Construction, Inc., both licensed California contractors and members of CAI Coachella Valley Chapter.


CHAPter eVeNtS CHAPter eVeNtS

The CAI Annual Conference and Exposition took place this year in Orlando, Florida from May 14th through May 17th at the Loews Royal Pacific Resort. The theme of this year’s conference was “Out of the Ordinary”, and the four-day program was full of great events.

There were twenty-six educational sessions focusing on problem-solving, leadership, and idea-sharing. The participants explored applying innova-tive perspectives and approaches to common industry challenges, while the Chapter Executive Directors and President-Elects attended break-out ses-sions to share their own strategic ideas.

On Thursday and Friday, dynamic keynote speakers Stephen Harvill and Vince Poscente entertained the large crowd with stimulating and inspiring stories. Afterwards, the new CAI Board of Trustees members were sworn in and Thomas Skiba, CEO and incoming President Julie McGhee Howard, Esq. reported on the latest CAI news. The Exposition Hall featured Business Partners from a variety of supporting trades, and one of the most popular activities was the wide-variety of networking opportunities for sharing best practices with all of our peers from across the country.

The Coachella Valley was well-represented at the Conference, with atten-dance by Chapter President Christina Baine-DeJardin (Peters & Freedman), Past-President and CLAC Delegate Nena Rutherford-Milward, Chapter Board Member Leslee Williams (Desert Resort Management), President-Elect Tad Black (Gothic Grounds Management), and CLAC Liaisons Steven Shuey (Personalized Property Management), James McCormick Jr. (Peters & Freedman), Carol Fulton (LaBarre Oksnee) and Lori Fahnestock (Powerful Pest).

The Conference also provided an opportunity for CAI to honor numerous members from across the country, and Coachella Valley shined with sev-eral recipients. Nena Rutherford-Milward and Leslee Williams from Desert Resort Management were recognized for completing their PCAM designa-tions, while Desert Resort Management was separately awarded the AAMC designation.

The Coachella Valley Chapter was also acknowledged for Best Net Reten-tion of a Medium Sized Chapter in 2013, with an impressive 91% retention rate! And DJ Conlon, CED of our neighboring Inland Empire Chapter, was given the Chapter Executive Director Rising Star Award.

Overall the event was a rousing success, and we look forward to seeing even more Chapter members at next year’s Annual Conference and Exposi-tion which will be held April 29 to May 2, 2015 at Caesars Palace Las Vegas!

CAI NATIONAL CONFERENCE May 14 – 17, Orlando FL.By tad Black, cai-cv chapter president-elect


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The 2014 CAI National Conference in Orlando, Florida was the first

conference I was able to attend where I wasn’t stuck in President-Elect training all day. What a difference! Not that the training wasn’t fantastic, but it was nice to have the flexibility to not only attend the amazing Keynotes, but also the various education sessions offered. The education sessions covered topics rang-ing from using cloud-based technology to avoiding burnout at the office. There were also numerous sessions on legal issues and risk mitigation.

A cross-country trip is never easy, but I will say that even though I had to wake up at 4 a.m. to catch flights to and from the Conference, the trip was absolutely worth it! Let’s face it, the homeowners association indus-try isn’t easy. Being able to chat with members throughout the country (and the world) about issues we all face is amazing. It was invigorating to learn what other Chapters are doing, as we can sometimes feel isolated in our Valley.

Aside from spending time with the wonderful members of our industry,

CAI makes a tremendous effort to put on keynote speakers who truly inspire. This year was no exception. The first speaker was Stephen Harvill, former CAI National President. Stephen gave an amazing presentation focused on story-telling, and how he has used this approach to better his own company and the industry giants with whom he consults, such as General Mills, South-west Airlines and Apple. Listening to Stephen gave me ideas on how to make adjustments at my firm and I’m posi-tive that other attendees walked away with to-do lists of things they can do to make their work more efficient and their clients happier.

The next day we heard from Vince Poscente, a former Canadian Olym-pic skier. Vince told us about how he went from a recreational skier to an Olympic downhill speed skier in four short years. Vince’s philosophy is that, to succeed, you have to be prepared to do what the other guy won’t. His emphasis was on focus and visual reinforcement of your goals. Vince’s presentation was packed with humor, wit and solid advice to allow anyone to

Out of the Ordinary— 2014 CAI National Conference

tackle even the most seemingly out of reach dreams. After a short dance ses-sion and a few visualization examples, I left pumped and ready to take on the world.

The highlight of the conference was when I had the honor of accept-ing, on our Chapter’s behalf, the award for Best Net Retention for a Medium Sized Chapter. I also applauded loudly for our own Board member, Leslee Williams, who received her PCAM as well as our manager member, Desert Resort Management, for receiving its AAMC designation.

If you have never been to a CAI National Conference, I encourage you to do so. In addition to the camara-derie, the education and the good times, you will absolutely leave with an ignited or re-ignited passion for our industry and solid tools and tips for succeeding. Do yourself a favor and don’t miss out! The 2015 CAI National Conference will be held in Las Vegas, Nevada. Remember, what happens in Vegas, stays in Vegas.

By: christina Baine deJardin, esq., cai-cv chapter president

Charissa Farley, President of Farley Inter-locking Pavers and television host is Palm

Spring’s Life 2014 Corporate Business Woman of the Year . She is already recognized as the “Queen of Pavers” for her commitment to growing the country’s interlocking concrete paver industry and is the only woman in the country to hold the ICPI certification Advanced Residential Con-tractor Instructor, as well as being certified in commercial/advanced pavement technologies, permeable pavers, and sales to specifiers. Cha-rissa purchased the first ever Optimus T-11 Paver installation machine in North America utilized for mechanical installation of streets and parking lots. She is the television host of “Home Makeover in the Desert”, sits on the Board of Desert Cancer Foundation and is very active in the community and community events. She is a voting member of the ICPI, WBE certified, a Management Trust Trusted Partner, a member of Desert Contractor’s Association and a Belgard Authorized Contractor.

Farley Interlocking Pavers has origins dating back to the mid 1970s. They offer installation, distribution, showrooms, continuing education, assistance in design and technical specifica-tions, municipal resources and permeable pave-ments for storm water management. They have a broad range of experience with homeowner

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associations, developers, builders, architects, landscape architects, interior designers, land-scapers, pool companies, and homeowners. They are the only company on the west coast to be a recipient of four National Concrete Awards in both residential and commercial.

Pavers have more than twice the strength of poured concrete, guaranteed never to crack, spauld, or break and will last a lifetime. Pavers are perfect for almost any hardscape including streets, common areas, driveways, pool decks and patios as well as courtyards and outdoor living areas. In a statement by Sue Wiskow in Planning and Development for Bighorn Coun-try Club with over 7 miles of pavers, “our pavers require little maintenance and this is done yearly by applying sand during the summer months for approximately one month. This helps to clean the pavers as well as maintain sand between pavers.” The City of Ripon outside of San Fran-cisco has required concrete paver streets for new developments due to problems with asphalt. A recent study demonstrates that if you include the costs of maintenance, pavers become less expen-sive then asphalt over the lifetime of the pave-ment. A Homeowner’s Replacement Fund Study performed locally recommended that all asphalt be replaced with pavers.

Groundwater is the source of virtu-ally all drinking water and other

domestic water in the Coachella Valley. This potable water source also is utilized for a myriad of nonpotable purposes, ranging from agricultural irrigation to golf course and other outdoor landscap-ing irrigation. As a result, the Coachella Valley’s significantly-sized aquifer is in a state of overdraft. Whenever possible, best management practices dictate that water users who can cost-effectively utilize water supplies other than well water from the aquifer be provided access to such waters at reasonable expense.

Existing statutes require the majority of nonpotable water consumers within the boundaries of the Coachella Valley Water District (CVWD), including more than half of the region’s golf courses, to use nonpotable water, provided that CVWD can provide a reliable supply at or below what it costs them to pump groundwater.

Homeowner association (HOA) main-tained facilities were not included in the irrigation practices prohibited by the 2006 legislation from using potable water when nonpotable sources are available.

In 2009, CVWD built the Mid-Valley Pipeline to improve deliveries of non-potable water to existing recycled water customers, and to expand the avail-ability of recycled/imported water to 35 additional golf courses and other large landscape irrigators. An economic downturn slowed the expansion of nonpotable water delivery infrastruc-ture, but recently, aggressive plans to hook up additional customers have been underway.

Why is it important HOAs join irrigators required to use nonpotable water if it’s available?

According to some sources, there are 600 to 700 HOAs in the Coachella Valley. While some use a minimal amount of water for irrigation, the larger HOAs use on average 400 acre-feet per year of groundwater to keep land-scaping green. This is equal to what 400 typical households annually use domestically, indoor and out. In addition to helping eliminate overdraft, groundwater saved is available to meet needs as the valley grows.

If the legislation is enacted, will the water HOAs receive meet their needs, and at a reasonable cost?

Yes. The legislation requires that the source of nonpotable water be of adequate quality; and the water must be furnished at or below what it costs to obtain potable water.

Is greater use of nonpotable water harmful to the environment?

No. The legislation mandates that the nonpotable water cannot degrade water quality, and it cannot be found to be injurious to plant life, fish and wildlife. In addition, the water source cannot adversely affect water rights.

What type of nonpotable water will be delivered to the HOAs?

Most likely a combination of recycled water and water imported from the Colorado River and delivered to the region via the Coachella Canal. This ensure adequate supplies year around since recycled water supplies are at their lowest in the summer, when the demand for irrigation water is at its peak. Recycled water is treated to a tertiary level to ensure it meets govern-ment standards; it is hard to distinguish it from other sources.

Will all the HOAs convert to the use of nonpotable water right away?

No. While CVWD has expanded its nonpotable water delivery system in recent years, more construction will be necessary to serve everyone. HOAs associated with golf courses making the switch away from groundwater are likely to be first. CVWD will deal with HOAs on a case-by-case to address specific issues and concerns. CVWD’s Board of Directors also must reach certain findings before specific HOA water uses are covered by the statute.

How else can HOAs help with efforts to manage effectively local water sources?

Especially in recent years, many HOAs have converted their landscaping to plants more suitable for a desert climate, installed smart controllers, con-verted to drip irrigation and the use of more efficient sprinklers. HOA rules for homeowners also have been changed to allow them to convert private property to desert-friendly landscaping and initiate other water conserva-tion measures.

Coachella Valley Water District AB 1896Nonpotable water use legislation fact sheet

coachellavalleycai.org facebook.com/caicv twitter.com/cai_cv 33

wAter wISe

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writers for every topic.

Give our readers your unique perspective.

Join the fastest-growing committee in the Chapter.

please contact the cai-cv office to become famous and wield that pen like a sword. come join the

Quorum today!

[email protected] (760) 341-0559

For more than 28 years, Epsten Grinnell & Howell has been a recognized leader in community association law. With offices in the Coachella Valley, San Diego and the Inland Empire, our personable and professional attorneys and staff provide quality legal services throughout South-ern California’s desert communities and beyond.

Attorneys & Practice AreasOur solid reputation reflects our attorneys’ wealth of

experience and diverse backgrounds. Some have worked as community association managers, including found-ing shareholder, Jon H. Epsten, making their experiences an important component of our knowledge base. Several, including Mary M. Howell, have been inducted into CAI’s prestigious College of Community Association Lawyers. Still others bring unique, multi-disciplinary professional backgrounds and fresh perspectives on the practice of today’s ever-changing community association law.

Community association attorneys play various roles in achieving client successes, serving as advisors, problem solvers, advocates, and educators. Each of our attorneys is dedicated to the practice and study of laws and regulations related to California community associations. Offering a comprehensive portfolio of services, we have developed multiple core practice areas critical to community associa-tion operations and governance:

• CommunityAssociationCounsel

• Senior&FairHousing

• AssessmentRecovery

• DisputeResolution

• CivilLitigation

• ConstructionDefect

The Coachella Valley is home to many age qualified communities. Age qualified housing compliance pres-ents its own set of issues and priorities. We provide legal guidance on matters specific to senior housing, including enforcement of age restrictions, age verification and rule enforcement conflicts. We share with you a unique and highly qualified resource in this area of the law. A recog-nized authority on legal issues unique to age qualified communities, Mary M. Howell has advocated for the rights of 55+ and other senior housing for more than 30 years. Mary and the team of attorneys at Epsten Grinnell & Howell have represented numerous age qualified communities throughout Southern California, including both new devel-opments and those existing for decades. Mary also authors

2014 PLAtInuM sPonsor sPotLIGHt

relevant legal texts relating, including A Resource Manual for California Senior Communities and co-authors the Con-tinuing Education of the Bar publication, Advising Califor-nia Common Interest Communities, the authoritative text for attorneys seeking to learn the law of community associ-ations. She has been formally recognized by state and local governments for her fair-minded efforts.

Educational ResourcesLaws frequently change. To excel in client service, our

attorneys stay abreast of these changes to offer high qual-ity legal guidance. They conduct seminars, publish client advisories and provide other educational opportunities and resources to keep community association board members and managers informed. Through active participation in organizations such as CAI, our attorneys advocate and lobby on behalf of California community associations.

Well-informed directors and managers are better prepared to serve their associations. An important part of client service is education, an area in which we excel. We offer a variety of helpful materials and programs, including

• AnnualLegalSymposium

• CommunityAssociationLawResourceBook(Print&Electronic Formats)

•“LunchandLearn”&OtherSeminars

• E-NEWSfromEG&HNewsletterforCommunityAsso-ciation Managers

• WebsiteResources

Attorneys Serving Community AssociationsWhether we share our knowledge with hundreds or a

handful, you will find that our educational and legal ser-vices offerings are well-targeted to meet community asso-ciation needs. 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 the found-ing principles of integrity and fairness upon which Epsten Grinnell & Howell was built, we strive to be an entity that garners the admiration of not only our clients, but also that of our business associates, suppliers and employees.

It is a pleasure to work with the wide array of commu-nity associations, managers and volunteer leaders here in the Coachella Valley. Our history of involvement in, dedica-tion to, and support of CAI-CV is something of which we are extremely proud. Thank you for being an integral part of our success. We look forward to continuing to be a part of yours.

thank you tofor their generous support of CAI-CV

CAI-CV

C A L I F O R N I A C O M M U N I T I E S

ForumLegalCAI

Oct. 17, 2014 | San Diego, CA

A one-day event for California community managers, association board members and other homeowners from Community Associations Institute—the leader in HOA education, advocacy and professional development.

Critical updates on important legal requirements that impact how you work.

Essential information on key legal developments that impact where you live.

For event details and registration, visit www.caionline.org/events/CALaw or call CAI Member Services at (888) 224-4321 (M–F, 9–6:30 ET).


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Albert Management welcomes Lisa Lynn as the new General Man-ager of Desert Island Community Association in Rancho Mirage. Albert Management has added two new clients: Waring Place Homeown-ers Association in Palm Desert, and Mountain View Country Club Home-owners Association in La Quinta. Cardinal Ambrose, CMCA, AMS, CCAM will serve as the dedicated Manager for Mountain View, sup-ported by Cynthia Doane as Assistant Manager.

Congratulations to Leslee Wil-liams, PCAM, Community Asso-ciation Manager with Desert Resort Management, on her recent engage-ment to Travis Cicogna. Travis sur-prised Leslee with the proposal as she arrived home at Palm Springs airport from the CAI National Conference. There was loud applause throughout the terminal when Leslee said yes. The Quorum Committee and the CAI-CV Board of Directors, of which Leslee is a member, extend their heartfelt best wishes to the happy couple for a lifetime of happiness together.

Desert Resort Management, an Associa company, announced its recent distinction as an Accredited Association Management Company (AAMC) by the National Community Associations Institute (CAI). This AAMC distinction was announced at the recent CAI annual conference in Orlando, Florida. Congratulations to Desert Resort Management for this national honor.


CHAPter NewS

In accordance with the Bylaws of the Coachella Valley Chapter of CAI, the Annual Election of Directors has been scheduled for Wednesday, October 29, 2014, at 3:00 p.m., in the CAI-CV Chapter office, 41-905 Boardwalk, Suite A2, Palm Desert, CA. 92211.

Our Bylaws define the nomination and election procedures for the Chapter.

The Nominating Committee is now accepting applications from anyone who is interested in serving on the CAI-CV Board of Directors for the three year term of January 1, 2015 through December 31, 2017. Contact the Chapter office to obtain a “Nomination for the Chapter Board of Directors Form”, and submit your application no later than close of business on Thursday, July 31, 2014, at the Chapter office. Eligible candi-dates shall have served on a chapter committee for at least a year, shall have regularly attended chapter events, and shall commit to attending at least seventy percent (70%) of Board meetings and chapter events during their terms. The Nomi-nating Committee will interview all applicants and nominate a slate of applicants to submit to the members. Such slate will be comprised of one nominee for each of the available seats on the Board of Directors.

The Nominating Committee will notify all applicants and advise them if they were selected to be on the slate. Any applicant who was not selected to be on the slate may petition to have his/her name submitted to the electorate. The petition must be in writing and must contain the verified signatures of at least 25% of the voting membership. The deadline for submitting this petition to the Chapter office is no later than the close of business on Monday, September 15, 2014. This peti-tioning candidate, together with the previously approved slate, will be placed on the ballot. The ballot will be mailed to the voting membership no later than Monday September 29, 2014, together with information on each candidate.

If no candidates were added to the ballot pursuant to a peti-tion, at the Annual Meeting on October 29, 2014, the Secretary will cast a unanimous ballot for the approved slate of candi-dates. If a petition was received, the ballots will be counted at the Annual Meeting to determine the successful candidates. The person(s) receiving the highest number of votes shall be elected to a three year term commencing January 1, 2015 through December 31, 2017.

• Governing Document Interpretation • Governing Document Enforcement • ADR & IDR • Contract Negotiation • Architectural Compliance • Litigation • Construction Defect • Reconstruction • Legal Compliance

• Fiduciary Obligations • Maintenance & Repair Obligations • Assessment Recovery • Post-Judgment Enforcement • Writs & Appeals • Board Education • FHA Certification • FEHA Compliance • CC&R Restatement & Amendments

The attorneys and staff at Peters & Freedman, L.L.P., are seasoned professionals in the field of community association law. With experienced attorneys, paralegals, assessment collection specialists and administrative staff, Peters & Freedman, L.L.P. is committed to providing effective, innovative and comprehensive legal services to community associations throughout Southern California. As a full service Law Firm, we can help you with any issue facing your association.

If you have questions regarding any of our legal services or would like to request a free, printed copy of our latest community association Legal Guide book, please contact us. You may also visit our website to learn more about our Firm or to download an electronic copy of our current Legal Guide.

San Diego Area: 760.436.3441Coachella Valley: 760.773.4463Orange County: 949.390.2971

[email protected]

As a full service law firm, our services include:

COntriButiOns

ClAC NewS

GOal2014 Contributions*

ClaC

* this amount set by clac and based on cai-cv membership count.

$16,194

CLAC researches and follows legislation on behalf of all communities in California. Their funding is solely by volunteer contributions from community associations (HOAs) like yours. Our chapter goal is based upon chapter membership and we need your help in reaching it. Please consider contributing – the “Buck a Door” program is a great way to consider the amount your community may choose to contribute. If $1 a door is too much or not enough, merely adjust it to your liking. Thank you for your support. Checks may be made payable to CLAC and addressed to our local chapter at …

CAI Coachella Valley Office 41-905 Boardwalk Suite A-2 Palm Desert, CA 92211

Quorum July, 2014 coachellavalleycai.org facebook.com/caicv twitter.com/cai_cv 3938

$8,242the 2014 ytD contributions from our Cai-Cv Chapter to ClaC are

JoIN CAI!

CAI-CV UPCOMInG events

THe QUOrUM COMMITTee HOPeS THAT yOU AnD

yOUr fAMILIeS HAVe A fUn AnD SAfe SUMMer.

July luncheon program theme: reserves and Budgets when: Friday, July 11th registration opens at 11:30 am where: palm valley country club

July save the Dates septemBer 12: luncheon program, 11:30 am OCtOBer 17: cai legal Forum, San diego nOvemBer 14: luncheon program, 11:30 am

Manager On The run

Morning Education PrograM

fOr cOMMuniTy Managers

DATE: Friday, October 10, 8:30am - 9:30am TOPICS: Meetings, Meetings, Meetings:

annuals, Hearings, Executive etc.* LOCATION: Palm Desert Country Club Association

DATE: Friday, August 8, 8:30am - 9:30am TOPIC: Board relations, Leadership* LOCATION: Palm Desert Country Club Association

DATE: Tuesday, December 9, 8:30am - 9:30am TOPICS: insurance a – Z* LOCATION: TBD

RegisteR At CAi-CV offiCecall (760) 341-0559 or email [email protected]

*Topics subject to change. All managers who attend will receive 1 hour of Continuing Education Credit (C.E.U.)

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

Platinum ______AMS Paving, IncAsphalt MDsDesert Resort ManagementEmpire WorksEpsten Grinnell & Howell, APCFarley Interlocking PaversFiore Racobs & PowersNelson Paving & SealingPacific Western BankPeters & Freedman, LLPSign a RamaSunshine LandscapeUnited Paving Co.Vintage Associates IncWestern Pacific Roofing

Gold ___________Flood ResponseSecuritas

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2014 CorPorAte SPoNSorS

Documents

Coachella Valley Community Associations Institute Magazine · 2018-04-02 · Coachella Valley Community Associations Institute Magazine JULy 2014 Indian Hills-Palm Desert Homeowners’