Issue 3 2014f

CAI-GRIE’s mission is: To make a positive contribution to the Common Interest Development Community through education and networking.

ISSUE THREE 2014

connectA PUBLICATION OF THE GREATER INLAND EMPIRE CHAPTER OF CAI

our mission

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.

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

SM

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

800.300.1704 l www.epsten.com

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

SM

Su

cc

eS

Scommitm nt

SucceSS

SucceSS

co

mm

itm

n

tKn

owle

dge

inte

grity

Knowledgecommitment

integrityKnowledge

inte

grity

integrity

For more than 28 years, Epsten Grinnell & Howell has been a recog-nized 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.

CONNECT WITH GRIE • ISSUE THREE 2014 | 3

www.cai-grie.org

OFFICERS

Kimberly Lilley, CMCA, CIRMS ................................................. President

Berg Insurance Agency, Inc.

Nancy I. Sidoruk, Esq. .......................................................President-Elect

Epsten, Grinnell & Howell, APC

Lana Hamadej, LSM, PCAM ............................................ Vice-President

Avalon Management Group, AAMC

Alisa Toalson, CMCA, AMS, CCAM ........................................ Secretary

Professional Community Management

Dana Mathey, CMCA, AMS, PCAM ....................................... Treasurer

Euclid Management Company

BOARD DIRECTORS

Greg Borzilleri............................................PCW Contracting Services, Inc.

Weldon L. Brown, CCAM, CPM ...................Weldon L. Brown Company

Linda Cooley ..............................Rosetta Canyon Community Association

Dori Kagan, CMCA, CCAM-Emeritus ....................... Pacific Premier HOA

& Property Banking

Cyndi Koester, CMCA, AMS, PCAM ...................................Sunwest Bank

Nick Mokhlessin ................................ValleyCrest Landscape Maintenance

Tiffani Reynolds .........................................Rodent Pest Technologies, Inc.

Robert Riddick, CMCA ........................................ Sunnymead Ranch PCA

Shelly Risbrudt .............................................Pilot Painting & Construction

Kristie Rose, CMCA, AMS, PCAM, CCAM ............ FirstService Residential

CHAPTER EXECUTIVE DIRECTORDJ Conlon, CMCA

EDITOR IN CHIEFCang Le, Esq. ...........................................................Adams Kessler, PLC

PUBLICATIONS COMMITTEETom Carrasco .....Environmental-Concepts Landscape Management, Inc.Jasmine Fisher, Esq. .....................................................Adams Kessler, PLCLana Hamadej, LSM, PCAM ........... Avalon Management Group, AAMCKimberly Lilley, CMCA, CIRMS ...................... Berg Insurance Agency, Inc.Robert Riddick, CMCA ........................................ Sunnymead Ranch PCABetty Roth, CCAM, CMCA, AMS, PCAM ..................Avalon Management Group, AAMCNancy I. Sidoruk, Esq. ..............................Epsten Grinnell & Howell, APCSheeba Yaqoot, Esq. ................................. Fiore Racobs & Powers A PLC

DESIGN & PRODUCTIONKristine Gaitan .................Rey Advertising & Design/The Creative Dept.

All articles and paid advertising represent the opinions of authors and advertisers and not necessarily the opinion of either Connect or the Community Associations Institute – Greater Inland Empire Chapter. Information contained within should not be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services and should not be relied upon without the consultation of your accountant or attorney.

Connect is an official quarterly publication of Greater Inland Empire Chapter of the Community Associations Institute (CAI–GRIE). The CAI–GRIE Chapter encourages submission of news and articles subject to space limitation and editing. Signed letters to the editor are welcome. All articles submitted for publication become the property of the CAI–GRIE Chapter. Reproduction of articles or columns published permitted with the following acknowledgment: “Reprinted with permission from Connect Magazine, a publication of the Community Associations Institute of Greater Inland Empire Chapter.”

Copyright © 1998–2014 CAI-Greater Inland Empire Chapter.

Advertising, articles or correspondence should be sent to:

CAI-GRIE Chapter

5029 La Mart, Suite A • Riverside, CA 92507-5978

(951) 784-8613 / fax (951) 848-9268

[email protected]

Table of Contents

The Greater Inland Empire Chapter of CAI hosts educational, business

and social events that provide the Chapter’s Business Partners various

opportunities to promote their companies’ products and services to

Community Association owners and managers serving the Community

Association Industry. It is expected that all participants in Chapter events —

whether they be educational, business or social — will conduct themselves

in a professional manner representative of their business or service

organization so as not to detract from the experience of others seeking to

benefit from their membership in the Chapter.

connectA PUBLICATION OF THE GREATER INLAND EMPIRE CHAPTER OF CAI

Features 4 Thoughts on Energy By George R. de Neef 11 Cyber Risk By Michael Berg, CIRMS, CMCA

13 Using Tables for Board Members - Another Step Toward Going Green

By Blake Morlet, CMCA

16 HOAs Prohibited from Fining Homeowners for Failure to Water

By Ramona Acosta, CMCA, AMS, PCAM

17 10 Tips to Maintain Your Landscape and Conserve Water During a Drought

18 Is the Inland Empire Ready for “Green” Landscapes?

By Adam Armit

21 Rosetta Canyon Board Goes Green By Linda Cooley

23 Start Thinking Now About Potential Chapter, National Award Nominees!

By Nancy I. Sidoruk, Esq.

23 Termites, Toxins & Tents, Oh My!

By Megan Pincus Kajitani

Departments 8 President’s Message By Kimberly Lilley, CMCA, CIRMS

10 Editor's Link By Cang Le, Esq.

Thoughtson Energy

4 | ISSUE THREE 2014 • CONNECT WITH GRIE


BY GEORGE R. de NEEF

Thoughtson Energy Energy has become a hot topic.

This is because how we generate and use energy is

beginning to destabilize what sustains us and gives us life: our ecosystem.

A few years ago it became apparent that the Greenland ice sheet we see today is a fossil. That it will melt is beyond dispute, it is only a matter of how long it will take. And now the same is being said of Antarctica. If you understand the dynamics of ice sheets, you will understand that ice sheets form when the crest of the ice sheet is above the permanent snow line. So, the taller an ice sheet, the more stable it is. If, however, the permanent snow line advances above the crest of the ice sheet, it is history, and only a return to the conditions that first precipitated the formation of the sheet can save it. So, again, the Greenland ice sheet is history.

There will be those that say I am oversimplifying this issue, and that the question is far more complex and that there are far more factors at play – and they will be right – but for the purposes of this discussion I am going to keep things simple. The realization of the vulnerability of ice sheets is one of the tipping points you hear about.

So, what to do? I believe that one of the first steps should be becoming informed about the complexities of energy generation and use.

Points to Ponder• All the energy we produce

eventually winds up as waste heat – no exceptions.

• All modern machines that convert combustion energy to mechanical energy convert very roughly one third of the energy to mechanical energy

– some are worse than others. The other two thirds of the energy are waste heat and pumping losses (which also become waste heat).

Converting Energy from One Form to Another Causes Losses

The waste heat produced by our machines is produced at too low a temperature to be easily useful. Techniques exist to use that heat but they are complex and expensive (eg. reverse engineered heat pumps, Stirling engines, etc.). The exception is using co-generation, where waste heat is used for other purposes such as heating greenhouses, buildings, etc.

Our Largest Communal Energy Infrastructure: The Electric Grid

Next time you drive past a group of wind turbines, take note of the fact that all the turbines of the same type that are operating, are turning exactly in sync. This is a function of the grid. All rotating machinery (except for asynchronous motors) connected to the grid is rotating at exactly the same speed, as if they were mechanically linked. 1/120th of a second off will cause a major explosion and fire. This function is why the grid can be used to run clocks. This is known as grid stability (grid frequency – 60Hz in the US) and the anchors of grid stability are the large generating stations. Smaller generators, such as PV systems, take their frequency cues from the grid. This works fine until the cumulative influence of all the small generators starts to overwhelm the large generators. We have not reached that point but it is a concern.

A larger concern is that alternating current (the electricity in the grid) has to be generated at the exact instant it is needed. In small networks, sudden fluctuations in load can cause the generator to become overloaded and to shut down. This is why we have a grid. By using economies of scale, we can average out the fluctuations, plus what would be a major fluctuation in a small network becomes by comparison a minor bump.

Now Add RenewablesAfter renewables have been built

and installed, they become almost carbon free sources of energy. But renewables make power when they feel like it, not when the customer needs it. So the traditional power companies have to make up the difference. And the problem is the traditional power generation system is designed to run at a more or less constant output with small ‘peaker’ plants dealing with shorter periods of high load. Throttling down the large generating stations is difficult and very inefficient, plus it plays havoc with their pollution control systems. In fact, nuclear generators do not lend themselves to this mode of operation at all.

Everyone is pointing to the Germans for their large scale conversion to renewables but the side effect is that the traditional power generators (which are facing bankruptcy) have been forced to build more dirty coal fired peaker plants which have to be able to come on and off line quickly, making it very difficult to keep their emissions low. In fact, the pollution generated by the German power grid has actually increased because of renewables.

Continued on page 6


I am not saying that we shouldn’t pursue these technologies, but we need to do so with an understanding of the problems and complexities involved.

And as a final example of the complexity of the issue, consider whether to buy an ordinary gasoline car, a hybrid, or a fully electric car.

• Gasoline car – approx. 33% efficient• Hybrid – after extracting the rare earths, etc. needed –

appreciably better than that, but spent batteries are a disposal problem. Compressed air or flywheel hybrids are an interesting alternative.

• Electric car – pollution free, right? Wrong! The overwhelming majority of our electricity is presently generated from fossil fuels, and I have to talk about the real world now. The future may be a different scenario.

• Mechanical energy from fossil fuels – 33% efficiency. • Converting mechanical energy to electrical – 89%

efficiency. Transformer – 92% efficiency. Power transmission – 98% efficiency. Transformer to local network – 92% efficiency. Local network transmission – 98% efficiency. Transformer to house voltage – 92% efficiency. Vehicle battery charger – 75 to 92%

efficiency, depending on power factor. Battery charge – discharge – 89% efficiency. Vehicle inverter – 92% efficiency. Drive motor – 89% efficiency.

• Final worst case scenario electric vehicle energy efficiency – 12%

While my numbers can undoubtedly be nitpicked, the basic premise remains. Because of the economies of scale employed in the generation of electricity, running an electric car is markedly cheaper than running a gasoline car but the final carbon footprint of running a fully electric car is almost three times that of running an ordinary gasoline car – depending on how your electricity is generated. And using solar PV to recharge your electric car generally doesn’t work because you usually charge your car overnight, when the sun doesn’t shine, putting the onus back on the power generators…So, right now, the hybrid makes the most sense.

Of course, the whole picture is vastly more complex and nuanced than I have presented here, but I hope I have given the reader a small window into the issues involved.

George R. de Neef is a Dutchman who grew up in Southern Africa where he studied Civil Engineering. He currently designs and builds technical systems for superyachts in Southern California.

Steven G. SeGal InSurance aGency, Inc.

Toll Free: 800-345-8866 • Toll Free Fax: 800-262-0973Email: [email protected] • www.farmersagent.com/ssegalLicense No. 0E24660

Over 35 years of experience specializing in:Condominium Associations • Planned Unit Developments • Hard to Place Associations

Earthquake Coverage • High Rise Condominiums • Workers Compensation

Thoughts on EnergyContinued from page 5



Our Chapter theme this year is “Shall We Dance? Steps to Effective Leadership.” I am taking a look at each of the steps you might explore when considering leadership within your organization. 1. Work in the “trenches” 2. Lead Locally 3. Be a Visionary 4. Return to Your Roots – Bring Up

New Leaders

#3 – Be a Visionary. One of the biggest “death knells” to an organization is the phrase, “We’ve always done it this way.” While that may be true, times change, and organizations must change along with the times, or be in jeopardy of becoming extinct. While your community association may have always communicated everything homeowners needed to know at the monthly board meetings, as people become busier and more used to getting their information digitally, things will probably have to change. It’s important to keep in mind the goal (the education of the homeowner), as opposed to feeling bound by old expectations.

The same applies to the Greater Inland Empire Chapter of CAI. We have had policies and procedures in place for years that were no longer reflecting the actual functioning of our organization. What did the board of directors do? We updated those policies to better reflect the actual character of our organization. Members had questions about the annual TOPS Awards and how it worked, so the board created guidelines to help educate everyone about how to celebrate our amazing volunteers, while also looking into the future and implementing CAI National award coordination. After all, with a chapter as vibrant and growing as ours, we need to prepare for great things!

The challenge with being a “visionary” is patience. Especially with larger organizations, things take time to implement. It takes time to get all of the stake holders to have the same vision so implementation can even happen! Once you are willing to take on the challenge of being a visionary for your organization, prepare yourself to patiently take one, tiny step at a time. Constantly review your direction to be sure you are still on track to that same visionary goal, and then get ready for the next small step. It may take years, but when you look back, you will see how far you have come!

PRESIDENT’S MESSAGE

Kimberly Lilley, CMCA, CIRMS is Director of Marketing for

Berg Insurance Agency and the 2014 Chapter President for

CAI-GRIE. She may be reached at [email protected].

STEPS TO EFFECTIVE LEADERSHIP – STEP 3


800.400.6686 www.cardinal-online.com

Thinking about changingmanagement firms?

What are you waiting for?

Contact Cardinal… The right choice!

Cardinal Property Management AAMC/ACMF Improving the quality of life for Southern California community association residents for more than 30 years.


TECHNOLOGY AND THE TIMES

I grew up in the 1980s, during the infancy of the

personal computer and before the internet. Yet, my youth

was immersed in the new technology of the time. I had

an Atari, Coleco, and a Commodore 64 computer. And

as I grew and technology grew with me, my acquisition

of the latest gadgets continued – from the Nintendo, to

a personal computer, to AOL dial up internet. Now, my

children are growing up in a world where the internet has replaced Sunday

morning cartoons, bedtime stories are read on an iPad, and the answer to

every “why” question is – “Google it.” In fact, you may be reading this

article on your phone, computer, or tablet device, rather than a print copy.

And the days of actual print copies may be as anachronistic as a beta video

(or VHS for some) or 8-tracks (or CDs for others).

Technology is also changing the homeowner association industry. For many

associations, assessments can now be paid online, governing documents

are available online, and emailing is the norm. As with most industries,

there are many challenges that come with new technology. For homeowner

associations such challenges include protecting homeowner privacy and

confidential information and weighing the costs and benefits of “going

green.”

This issue of Connect will discuss some of the things homeowners

associations are currently dealing with when it comes to new technology

and going green. From Ipads at board meetings, cyber security and cyber

threats of having member information online, solar panels, to landscaping –

the broad range of issues and challenges could cover a set of encyclopedias

(which for those younger readers – was where you went to look for answers

before Google).

While not every single concern and challenge can be fully discussed,

we hope the articles in this issue bring to light some of the things that

boards, managers, and associations should bear in mind when considering

going green and some of the challenges that they may confront with the

technology of our times.

Cang N. Le is a Senior Associate at Adams Kessler PLC and heads the firm’s Riverside office - 11801 Pierce Street, Riverside, CA 90505 and he can be reached at 1-800-464-2817 or [email protected].

Cang Le, Esq.

EDITOR’S LINK


Most believe there are too many different types of insurances to count. The truth is there are only two. There is property insurance, and there is

liability insurance, and every coverage type boils down to these two basics. And as the world evolves, and society commits more to a digital environment, the prospect of liability for cyber-exposure is growing.

Exposure to loss sustained through internet activity is most commonly known as Cyber Risk or Cyber Liability. In either case, within the class are two main exposures. These are the exposures to loss of funds through internet theft of money or theft of identity. Intricacies of the protection for each exposure can be talked about for hours. And considering most people don’t have the passion for talking insurance like most insurance professionals, here are some simple concepts to start the discussion:

Cyber TheftAn association maintains accounts with cash. If those

funds are stolen by transfer to another account over the internet, a cyber theft has occurred. Few of us have difficulty imagining a computer expert somewhere with the ability to forge through and fake out any number of institutional fail-safes. Given the right motivation, like a well stocked bank account, who’s to say to what length a cyber thief will go? Cyber Theft insurance is the virtual equivalent of the Fidelity Bond/Employee Dishonesty coverage a homeowner association should already have in place. The coverage will indemnify the association for lost funds while the theft is investigated and may also cover expenses related to association notification, business interruption and other unanticipated, but unavoidable, hard costs.

Continued on page 12

CYBER RISKBY MICHAEL BERG, CIRMS, MBA


There are some insurance companies whose coverage for money and securities, as part of an association’s master policy, is defined in a very broad way. So much so that the theft of cash in any way (internet or otherwise) would be covered, subject perhaps to a deductible. However, those policies likely also include low sub-limits for such coverage, meaning the association’s total exposure may not be covered. In most cases, in order to cover the amount of cash in the bank, the association would need to purchase separate insurance.

Cyber LiabilityIf an association member’s identity is stolen, and the theft

stems from personal information in the digital custody of the association, the association could be accused of leaving the member’s identity exposed to that theft. However, if the association doesn’t keep a digital database with personal information, or allow online transactions such as payment of assessments, the exposure is truly limited. Or is it? The important distinction to make is between actual negligence for the protection of personal information, and the accusation of negligence. Cyber Liability is the exposure to the allegation of negligence and, if necessary, payment of damages (i.e. costs) associated with that negligence. Basically, the association doesn’t need to actually keep personal information in a digital state in order to be accused of being responsible if someone’s identity is stolen.

The coverage may also provide for costs of disclosure to the membership of a privacy breach and data risk management services to help identify and avoid potential breaches. Some insurance carriers are beginning to offer a Cyber Liability endorsement to their master policies. But, as with Cyber Theft, most often additional or adequate coverage limits would need to be purchased through a separate policy.

For the typical homeowner association, the cyber risk is admittedly low. Unlike larger corporations with multiple entities, departments and personnel accessing various cash accounts, a homeowner association usually has two or three people with immediate access to funds. This means the funds are likely watched closer, which is a deterrent to theft. And, few associations maintain websites or other digital solutions where personal information used in identity theft (i.e. birthdates, social security numbers, credit card numbers and bank information) can be accessed. The coverage included in an association master policy may provide the necessary protection and peace of mind to satisfy most of the uneasiness. However, it is nice to know there is a solution available for protection in the event there is a more direct exposure.

Michael Berg, CIRMS, MBA, is President of Berg Insurance Agency that serves all of California and can be reached at [email protected].

Cyber Risk Continued from page 11

Using Tablets for

Board Members

Tablets are more than a fun and easy way to surf

the web, stay in touch with friends or order your latest household items. These great technological devices allow access to just about any data imaginable while you’re on an airplane, waiting at the dentist or from the comfort of your living room. Tablets can be a valuable tool for association managers and board members to be more efficient, effective and utilize amazing technology to go green.

Why use tablets? Tablets allow board members to have access to years’ worth of documents, access to content from anywhere, efficiencies in operations, transfer of community history to subsequent board members and their

use takes another step toward going “green”. The use of tablets increases efficiency by becoming one source for all association information. Tablets provide board members with instant access to board packets and financial reports, governing documents, association contracts, minutes, resolutions, legal opinions, site plans, maps, and educational information. They also offer the opportunity for board members to attend meetings by telecommuting, a big benefit in reducing cancelled meetings due to lack of quorum. Simply put, it allows board members to have a wealth of information available to quickly answer their own questions and make informed business decisions.

Another Step TowardGoing Green

by Blake Morlet, CMCA




In 2011, The Avalon Management Group, Inc., AAMC® set out to determine the level of effectiveness of using tablets when implemented in the CID industry. After beta testing every tablet on the market, we determined that Apple’s iPad is the most effective solution for our needs. The performance and reliability of the iPad made it an easy choice over its competitors. While the initial investment is significantly higher than other tablets on the market, we found that the investment was worthwhile due to very few technical problems encountered during testing. Candidly, client feedback after the first few months of implementing the beta iPad program was how much fun board members were having using the iPads to be more efficient.

Following two years of field testing with board members, managers, accountants and senior management, we received overwhelmingly positive

feedback. Board members were amazed at how convenient it became to review board packets, financials or photos to prepare for upcoming meetings. Using wifi access and/or broadband connection from the cellular company, board members are able to access up-to-the-minute information from virtually anywhere in the world. The ease of access to current and historical documents, legal opinions, financial data, homeowner history and other pertinent information continually increases the efficiency and effectiveness for long-time board members and newcomers alike. Many clients have become accustomed to using the tablet to search the governing documents or board reports in PDF format, making their job easier than having to search hard copies manually. Board member email addresses were created using their association’s website domain ([email protected]) which gives board members a non-personal email address to use for association business.

Board members really liked the association-specific email as it would give incoming board members access to historic information in addition to reducing the likelihood that their personal email would be subpoenaed in the event of legal matters.

One of the most important factors in addition to easy access of information is the cost-savings in reduced paper and the ability to take one more step toward green technology. On average, we calculated a savings of 15,000 sheets of paper each year, per association. With over 323,000 associations across the United States, think of how much paper the CID industry could save by using this technology. Also consider the savings in toner, printer repair and maintenance, labor and postage costs associated with the distribution of paper monthly board information packets. Your management company and association can save thousands a year by utilizing this green technology.

While there are many factors to

Using Tablets for Board MembersContinued from page 13


consider regarding implementation and technicalities of utilizing tablets for your association or your clients, the use of tablets for board members has proven highly beneficial, in our experience. This use of technology has proven to be a win-win for all involved.

Blake began working in the CID industry in 2009 when he joined Southern California’s premiere association management company, Avalon Management Group, Inc., AAMC® quickly advancing

to the position of Senior Manager. Mr. Morlet attended Chapman University in Orange, CA earning a Bachelor of Science in Business Management. Mr. Morlet was born and raised in Southern California and is also a licensed California Real Estate Broker and technology professional. Mr. Morlet was a featured presenter at the CAI National Conference held in Orlando, Florida in May 2014.

• COMPUTER COLOR IMAGING• PROFESSIONAL COLOR CONSULTATION• ON-SITE CONTRACTOR BID WALK• DETAILED WRITTEN SPECIFICATIONS• CONTRACTOR REFERRALS UPON REQUEST• JOB MONITORING AFTER PAINTING BEGINS• ELECTRONIC COLOR DATABASE • PROFESSIONAL BOARD/COMMITTEE PRESENTATIONS• HOA DISCOUNTS

Property Specialist: Tim Wilsterman [email protected]

COMPLIMENTARY PROPERT Y SERVICES

Let us put the “Community” Back into your Association!

DepenDABLe, experienCeD, pesonALizeD & professionAL MAnAgeMent

855.345.7255


In its third consecutive year of severe drought,

California faces a historic water shortage and

wildfire danger. According to Mashable.com and

U.S. Drought Monitor, “The entire state is in some

stage of drought, with 77% of the state suffering from

‘extreme’ to ‘exceptional’ drought conditions.” Matters

are expected to worsen, as California continues to

experience its hottest year on record. In response to

these conditions, Governor Brown signed an Emergency

Drought Proclamation in January 2014 declaring a

state of emergency and calling upon all Californians to

voluntarily reduce their water usage by 20 percent. As

residents of homeowners associations (HOAs) began

responding to the Governor’s plea by reducing their

irrigation, HOAs fined their members for failure to

maintain their yards in accordance with the governing

documents. This led to swift action by both the

Governor and the California Legislature.

In April, Governor Brown signed an Executive

Order which effectively prohibits HOAs from fining,

or threatening to fine, homeowners “who comply

with water conservation measures.” The Order

further provides that “any provision of the governing

document, architectural or landscaping guidelines, or

policies of a common interest development will be void

and unenforceable to the extent it has the effect of

prohibiting compliance with the water-saving measures

contained in this directive.” One of these water-saving

measures is to limit outdoor watering to no more than

twice per week.

The California Legislature is also considering three

bills related to drought relief, which would impact

HOAs. AB 2100 (Campos) and SB 992 (Nielsen) would

prohibit HOAs from imposing a fine or assessment

against a member for reducing or eliminating watering of

vegetation or lawns during a Governor-declared state of

emergency, or a local government-declared emergency,

due to drought. If passed, these bills would take effect

immediately as urgency statutes. AB 2104 (Gonzalez)

would provide that a provision of the governing

documents, including the architectural or landscape

guidelines, is void and unenforceable if it would have

the effect of prohibiting low water-using plants as a

group, or as a replacement of existing turf, or if it has the

effect of restricting compliance with water conservation

measures.

The California Legislative Action Committee (“CAI-

CLAC”) continues to seek amendments to these bills

as they work their way through the legislature. It is

important to note that both the Proclamation and the

pending legislation are limited to periods of a Governor-

declared drought. HOAs are still permitted to enforce

other landscape maintenance issues, such as weeds,

brush, tree trimming, etc. In addition, HOAs may

continue to enforce irrigation provisions, provided they

are within the parameters outlined in the Order or as

set forth by the local water agency. HOAs considering

changes to their architectural or landscape guidelines

should seek the advice of their legal counsel.

Ramona Acosta, CMCA, AMS, PCAM, is the Director of Business Development of Tinnelly Law Group, PC, and is a Delegate to CAI’s California Legislative Action Committee (CAI-CLAC). Tinnelly Law Group has been devoted exclusively to providing legal representation to California community associations for 25 years. For more information, visit our website at tinnellylaw.com.

HOAs Prohibited from Fining Homeowners for Failure to Water


According to the Irvine Ranch Water District, “Up to 60 percent of your home’s total water usage is used outdoors.” Use these tips to conserve water, while

maintaining your landscape and protecting your home’s property value.

1 Water early in the morning or later in the evening when temperatures are cooler. Save 25 gallons per day.

2 Choose a water-efficient irrigation system, such as drip irrigation for your trees, flowers and shrubs. In turf

areas, upgrade your sprinklers to water efficient multi-stream nozzles. Check with your local water agency to see if there is a rebate available for the rotating sprinkler nozzles. Save 15 gallons each time you water.

3 Maintain your irrigation system. Check your sprinkler system frequently for leaks, and adjust nozzles so only

your lawn is being watered and not the house, sidewalk or street. A well-functioning irrigation system can save 500 gallons per month.

4 Water deeply, but less frequently to create healthier and stronger landscapes. Reducing the time you water and

increasing the cycles, prevents overwatering and run-off. For a free watering schedule, visit irwd.com. Save 12-15 gallons each time you water.

5 Monitor the performance of your landscape and adjust the run times up or down accordingly. If your lawn

does not spring back when stepped on, it’s time to water. Be sure to turn off your irrigation system when it rains, and depending on rainfall wait to restart. Water only when necessary. Save 1,100 gallons per irrigation cycle.

6 Consider investing in a weather-based smart controller. These devices will automatically adjust the watering

schedule based on soil moisture, rain, wind and evaporation and transpiration rates. Check with your local water agency to see if there is a rebate available for the purchase of a smart controller. Save 40 gallons per day.

10 Tips to MaintainYour Landscape

and Conserve Water During a Drought

7 Replace your lawn with drought-resistant trees and plants. These plants are well-suited for

California’s mild winters and dry summers. They are low maintenance, use less water and don’t require soil preparation or fertilizing. Remember to contact your association and obtain prior architectural approval, if necessary. Check your local water agency to see if there is a turf removal rebate available. Save 30-60 gallons per 1,000 sq. ft. each time you water.

8 Plant the right plants for your climate. Use the Save Our Water-Wise Garden Tool to learn

what plants and flowers will work best in your neighborhood. Or, download a free copy of A Homeowners Guide to a WaterSmart Landscape.

9 Put a layer of mulch around trees and plants to reduce evaporation and keep the soil cool.

Organic mulch also improves the soil and prevents weeds. Save 20-30 gallons per 1000 sq. ft. each time you water.

10 Avoid using water for outdoor clean-up. Use a broom to clean driveways, sidewalks,

and patios. Wash cars with a bucket, sponge, and hose with self-closing nozzle. Save 8-18 gallons per minute.

For more tips and samples of drought tolerant landscapes, visit www.bewaterwise.com, http://saveourh20.org or download the toolkit.


I was at a meeting for a homeowners association last week, and was asked in the open forum, “What is our association

doing to become environmentally friendly, use no chemicals (and fertilizers), and use less water?” This question seems straight forward but the answer has many implications. I believe everyone will agree that the use of landscape water in Southern California must be reduced, and almost everyone would like to see the use of chemicals eliminated, but are our residents prepared for the tradeoffs that will be required?

Highly manicured landscape requires a great deal of water, fertilizer, and chemicals to look in top shape. Most residents do not realize how often we are using pre-emergent herbicides, weed sprays, synthetic fertilizers, and other chemicals. You can read the text of

any standard landscape RFP, and there will be requirements for how much fertilizer must be applied, and requirements for weed control. These requirements are usually written as an absolute, and almost never require a soil sample to verify if these fertilizers are even needed at all. In fact, blindly fertilizing, whether needed or not, is typically required, while soil sampling is optional and can be charged as an extra. Ask yourself, when was the last time your community had a soil sample performed? If your community wants to go “green”, the use of these synthetic products should be restricted. This would require a move toward more testing and only supplying the plants with nutrients that are truly needed. We would use less effective higher priced organic fertilizers, eliminate sprays and other chemicals, and increase the

Is the Inland Empire Ready

for “Green” Landscapes?


labor required to maintain the landscape. That is, if I cannot spray weeds, I need more gardeners everyday pulling them. This may net an increase cost to the association of 30-60% or more. To top it off, the appearance of the landscape would suffer. Meaning, we would leave some clippings and leaves on the ground to decompose and provide soil nutrients, weeds would likely be more prevalent without sprays, insect damage would be noticeable, and water use may have to increase to keep up expected appearances.

We are deep into a multi-year drought and water conservation is again in the limelight. Most water agencies have graduated from voluntary reduction and are now headed to a stage 3 mandatory reduction. The bright spot is that many

grants have increased in value and the available funding for water savings projects has greatly increased. If you haven’t considered weather-based irrigation controllers, high-efficiency

spray nozzles, or turf removal, now is certainly the time. But these measures are only one part of a water reduction strategy. The landscape industry has several techniques available to help maintain your plant health in a low water environment. We have soil conditioners and surfactants that help water penetrate and persist in the soil, fertilization techniques that can help your plants respond to the heat more efficiently, and mulch to help the soil retain moisture. Of these three techniques, only the mulch could be considered “green.” As mentioned above, without these chemicals and inorganic fertilizers, water use may have to increase to

maintain the current quality level. If we are going green, increasing the water does not seem to be congruent. Something would have to give.

This is where California-friendly and California native plants come into play. These plants are well-suited to the arid California climate. They have evolved to go dormant during the dry hot summers, and reemerge in the wetter months. We use many of these plants but supplement them with water to keep them from doing what they do naturally. When we irrigate moderately, these plants are tricked into believing it is spring, and continue to grow and bloom in summer. But we could reduce their water to only once or twice per week. If established, they would drop most leaves, turn brownish, but live to reemerge in a vivid display of foliage and flowers in the cooler months. This is the same for turf grass. Have you noticed that after a lawn has been under-watered it turns brown, but once water is restored it greens up rapidly? This is the turf going dormant, as it would

If you haven’t considered weather-based irrigation

controllers, high-efficiency spray nozzles, or turf

removal, now is certainly the time.

BY ADAM ARMIT



have done in a prairie during the hot days of summer, waiting to re-emerge in fall or spring rain. We trick these grasses into staying green and lush by using heavy amounts of water and fertilizer. It is interesting that many of us tolerate Bermuda, St. Augustine, Kykuya or other “warm season” grasses becoming light brown all winter, but will absolutely not tolerate anything less than vivid green in the summer. What if I were to say that if you could tolerate light brown spots in your turf during the summer I could reduce your turf water bill by 40%? Then again, are our associations really prepared to make the sacrifices it will take to become more “green?”

This brings me back to the explanation I gave the resident at that homeowner’s association meeting. All good landscape vendors are doing what we can to become more environmentally friendly, use less chemicals, fertilizers, and use less water. But until we as a society are prepared for the tradeoffs required to go “green” we will have to continue to use limited amounts of these chemicals, and more water than should be used to maintain plants in this desert where we live. We hope one day your board and community as a whole embrace the changes required to go “green,” and at that point we will happily make that change.

Adam Armit is a Certified Arborist, Certified Water Auditor, Qualified Applicator, serves as President of the Board of Rosetta Canyon HOA, a 975 unit community in Lake Elsinore, and is an

appointed Planning Commissioner for his City.

Is the Inland Empire Ready...Continued from page 19


Rosetta Canyon is a 56-acre master-planned community of 1012 large homes – up

to 4000 square feet – and large home sites, managed by the Avalon Management Group, AAMC located in Lake Elsinore between Corona and Temecula with rolling hills, manicured landscapes, a natural habitat preserve for endangered species, an elementary school and a fire department. Rosetta Community Park, built on land given by the builder and maintained by the city has lighted tennis and basketball courts, a baseball field, picnic areas and a 1.25 acre dog park. Local amenities include recreational water sports at Lake Elsinore, the largest freshwater lake in Southern California, sky diving and the Storm baseball stadium.

Lake Elsinore was recently recognized as the fastest growing city in California. Rosetta Canyon’s relaxed semi-rural atmosphere with ocean breezes and valley air hasn’t

been affected by the growth and development that surrounds it and commuter homeowners are buying their dream home here. Richmond American bought over 100 empty lots from the builder, Centex, and built homes that have sold quickly and they’re almost finished building.

The social committee provides new homeowners with a recyclable “Welcome to the Neighborhood” bag which contains information about their new community including social activities, useful household items and coupons from local businesses. The social committee, supported by high school volunteers that receive high school credit for verified community volunteer service through the AVID program, has several quality community events a year where homeowners get to know their neighbor. The events include a Halloween Trunk or Treat contest with decorated car trunks, candy and gift card prizes for the best costume

where all of the children walk in a large circle to display their costumes. The unique part of Trunk or Treat is that prizes for the best costume fall into two categories. One category is for Most Creative costume (which is designed at home) and the Most Unique such as Darth Vader, etc.

Breakfast with Santa provides a free breakfast and is held in the fire station where children meet the firemen on the fire truck, participate in drawings for Toys R Us gift cards and receive a free professional family portrait with Santa that can be downloaded to a flash drive. A drawing is held for a decorated 6 foot holiday tree and we ask that families who don’t have a tree participate first. This year, the children of the family that won the tree had tears of joy.

The Spring Egg Hunt (which has several egg hunts for each age group including adults) has face painting, ball games, a magician, the Easter

Rosetta Canyon Board Goes Green

BY LINDA COOLEY



Media Statement on theHalting of AB 1360

The Community Associations Institute’s California Legislative Action Committee (CAI-CLAC) Chair Pamela Voit issued the following statement in response to the Senate Judiciary Committee halting AB 1360 (Torres), which would have allowed homeowners associations the option to utilize electronic balloting in their community elections:

“CAI-CLAC is disappointed that AB 1360 will not move forward to provide homeowners across the state the opportunity to vote electronically in their homeowners association elections. Electronic balloting would increase voter participation and decrease election costs, all while maintaining the safety and anonymity needs of elections. Currently, community associations are the only corporations in California not allowed to utilize electronic voting and their elections are subject to specific procedures, which are more restrictive than other non-profit corporations.

“CAI-CLAC will continue to pursue electronic balloting for HOAs in future legislative sessions, as it’s an incredibly important issue – homeowners must be able to easily participate in their communities and vote on issues that affect their homes. It’s time that HOAs use the technology people prefer and use on a daily basis.“

bunny and a DJ. In July, the social committee partners with Parks and Recreation for Movies in the Park – they provide the movie and the committee provides popcorn and bottled water. The next social event, which is still in the planning stage, is a hot dog barbecue.

With 3 million square feet of landscaped area to maintain, water conservation has been a major goal. Rosetta Canyon has presented a challenge to the board of directors to contain costs and conserve water. The goal has been to conserve water and obtain excellent low-cost landscape services to maintain and improve the natural atmosphere which makes Rosetta Canyon a great place for families to live.

The board applied for and received a grant to replace 15,000 water efficient sprinkler heads. We also asked for and received another grant for 50% of the cost to upgrade our sprinkler controllers to be a true weather-based system. We have dramatically lowered our water costs and HOA dues have gone down from $110.00 to $78.00. Rosetta Canyon was given recognition by the water company as a Star Water Saver for cutting water usage 35% and in 2012 was recognized by CAI-GRIE as Community Association of the Year (Large Category). The award was based on efforts to control costs (especially water), and on scheduling community activities.

Our latest endeavor in going green to improve efficiency and save trees by going paperless is the use of iPads for our board meetings. iPads will add a layer of confidentiality as homeowner information will not be printed and will give each board member individual access to present and past board reports, financials, hearing information and pictures.

Linda Cooley serves as Vice President and is also the liaison for the Design Review Committee for the Rosetta Canyon Community Association and a member of the CAI-GRIE Board of Directors.

Rosetta Canyon Board Goes GreenContinued from page 21


One of the nicest ways to say “thank you” is to nominate a deserving CAI-GRIE member for a Chapter award. Our Top of Profession and Services (TOPS) awards will be presented on Friday, December 12, but it’s not too early to start thinking about the worthy individuals, committees, businesses and community associations that deserve recognition. Have a potential nominee in mind, but not sure if they’re a current member of CAI-GRIE? Contact Executive Director DJ Conlon and if you learn your potential nominee isn’t a part of CAI-GRIE, it’s a great time to recruit a new member!

Watch for Chapter email and website announcements with details on how to make nominations, the categories and qualifications for nominated awards and submission deadlines. The Awards Committee may also present optional, discretionary awards which might not necessarily be given each year. The Awards Committee welcomes your questions and feedback – just keep in mind that an official nomination must be submitted in order to be considered for a nominated award.

The Awards Committee also facilitates and encourages submission of worthy entries for annual CAI National Chapter

Achievement and Excellence Awards. Recent recipients of these awards were the Education Committee, the Legislative Support Committee and our own Executive Director, DJ Conlon. Entries are typically due to CAI National near the end of January and the nomination package preparation process can be time consuming. If you know of a 2014 chapter program, committee or initiative that should receive national recognition, please contact the Awards Committee soon. The Awards Committee wants to get an early start to help you identify potential nominees, as well as support and coordinate submissions of qualified entries.

This year’s Awards Committee is chaired by Kimberly Lilley, President, and includes Lana Hamadej, Past (and) Vice President; Nancy Sidoruk, President-Elect; Dori Kagan, Education Committee Liaison; and Blair Loubet, Bowling Committee Chair. For more information about the Awards Committee and its responsibilities, visit the Chapter website where you’ll find the Awards Committee Guidelines among the posted Chapter Documents or contact Executive Director DJ Conlon at the CAI-GRIE office.

AWARDS COMMITTEE ALERT:

Start Thinking NOW About Potential Chapter, National Award Nominees!

BY NANCY I. SIDORUK, ESQ.

MEET A BANK WITH 20 YEARS IN THE NEIGHBORHOOD.

©2014 Mitsubishi UFJ Financial Group, Inc. All rights reserved. Union Bank and Smartstreet are registered trademarks of MUFG Union Bank, N.A., Member FDIC.

No matter what size your community is, managing it can be a daily challenge. Union Bank® Homeowners Association Services is here to help. For over 20 years, we’ve streamlined the assessment collections process for community associations with specialized tools and services powered by Union Bank product solutions and our proprietary Smartstreet® technology platform. We offer a customized HOA lockbox with same-day processing to accelerate payment collection, reduce mail-in times for checks, and provide homeowners with convenient online payment options. Whatever your needs, Union Bank provides solutions that make it easier to control your daily financial operations. Contact us today at 866-210-2333 to learn more.

HOAbankers.com Smartstreet.com


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).


It all started two weeks ago, when I saw what I thought was a termite, then another, scurrying into a crack in our

townhouse’s foundation between an outside wall and the patio tile. I’d seen termites before, and remembered their telltale long bodies and pointed behinds – and we all know what happens when you have termites, right?

I began to hyperventilate at the thought of the big primary-color-striped toxic circus tent that exterminators would surely demand be put over our house. Not just because we all dread the process of bagging up clothing, linens and dishes to protect them from the poisons exterminators let loose inside those termite tents – but because of the poisons themselves.

As the mother in a household full of allergic and chemically-sensitive people, spraying that poison throughout our entire home was simply not an option for me, period. And, as a family living a vegan lifestyle (respecting every creature’s role in the ecosystem), bombing these critters (and others in their wake) dead with toxic chemicals didn’t sit well with me on the humane front either.

Termites, Toxins & Tents, Oh My!Rethinking Pest Control with Less Poison and More Humanity

MEGAN PINCUS KAJITANI (OPEN POST ORIGINALLY PUBLISHED ON AOL’S PATCH)

So, what’s a family who doesn’t want the toxic termite tent to do?

Cleaner, Kinder Termite Control Just a little research (ultimately The San Diego Natural

Guide) led me to find that there is a growing movement toward non-toxic, natural termite control. Alternative termite and insect management uses formulas of plant essential oils, salts, microwave heat treatments and other non-toxic options to effectively rid homes and offices of termites.

The inspector who came to my house told me that the toxic termite tents that are so common are almost never necessary, at least with chemicals; this company uses the tents, but with heat instead of poisons inside. He also told me that their once-small business is booming, as more and more people begin to seek less toxic alternatives to the poisons and termite tents.

Caroline Celia, a local homeowner, environmentalist says when she found the company in the phonebook a decade ago, there were no other companies offering non-toxic termite control



options. She has had no more termite problems or aftereffects from the heat treatments. “I’m glad people are finally starting to see that it can be done without all the toxins,” Celia says.

Rethinking “Pest” Management My journey to living a less toxic, more green and more

humane lifestyle has been evolving over the past decade. Before that, I must admit, I didn’t think too much about things like termites’ role in the ecosystem (they save forests by eating decomposing wood and making room for new trees, aerate soil, cycle beneficial nitrogen back into the atmosphere, and feed birds, lizards and other species).

But, now that my eyes have been opened to this way of seeing the world, even the term “pest control” pushes buttons for me. The idea that any animal invading “our” living space is a “pest” forgets the fact that insects, spiders, mice, squirrels, moles and even rats are all fellow creatures on the planet with purpose, and we all share the land.

So, when we have bugs in our house, I try to get them out without killing them. I will openly cop to the fact that now and then a bug still freaks me out, and I have been known to panic a bit and even fatally swat. I tell you this because I

don’t believe it is about some perfect ideal of never making a regrettable choice, never smacking a mosquito biting you or stepping on an ant you don’t notice on the sidewalk. What it is about is adopting a new mindset when it comes to other living creatures we call “pests.”

This doesn’t mean we need to live with bugs or rodents in our homes – and in fact it’s often unsafe to do so. It just means that we can find and use less toxic, more humane ways to remove them from the premises and send them back to their outdoor homes. All it takes is an online search, and perhaps also calling in some local experts who are trained in non-toxic, humane critter management.

If you have bees, there are several local live bee removal companies, who will get the nest out of your living area and safely relocate it. (Albert Einstein famously predicted that if we lose this “keystone species” of pollinators, man would only have four years of life left.) If you have mice or rats, there are humane and poison-free mouse and rat control companies. (Rodents are important to the balance of plant life.) And if you have skunks, snakes, bats or other wild critters – who of course play their own important roles in the ecosystem as well – Project Wildlife can come extract them humanely.

A Happy EndingThe good news at the end of this story is that I was

mistaken: the bugs I saw were not, in fact, termites (and I was pleased that the inspector was honest with me about that). So, not only did I not have to face the nightmare of the toxic termite tent, but we don’t need to do anything at all. The inspector did offer the option of a natural treatment to prevent termite colonies from taking hold in our attic, but there was no big urgency or sales pitch in it, which I appreciated.

And the best news is that those bugs living in the foundation of our townhouse – whatever they are – inspired me to research this topic and offer readers an opportunity to reconsider traditional “pest management,” poisons and the less-adorable critters in our community.

Termites, Toxins & Tents, Oh My!Continued from page 25


5029 La Mart, Suite A Riverside, CA 92507-5978