Coachella Valley Community Associations Institute Magazine
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DECEMBER 2014
Coachella Valley Community Associations Institute Magazine
INSIDE
Bah Humbug!
Alcohol and
Holiday Parties
Holiday Memories
Helping Communities-
Helping People
Brighten Your Community’s
Path with
Sustainable Lighting
CAI-CV Awards Night
Corks for CLAC
GURALNICK & GILLILAND, LLP
ATTORNEYS AT LAW
Member of CAI and CACM
Legal Services for
Community Associations
• General Counsel
• Assessment Lien and Foreclosure
• No Cost Collections
• Fees Paid by Delinquent Homeowner
• Detailed Monthly Status Reports
• Title Reports at No Charge to Association
• Construction Defect/Reconstruction
• Mold Claims/Litigation
• Real Estate Dispute/Litigation
Phone: (760) 340-1515 FAX: (760) 568-3053
2 Quorum December, 2014
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BOARD OF DIRECTORS
COACHELLA VALLEY CHAPTER 2014
CHRISTINA BAINE DEJARDIN, ESQ., PRESIDENT
Peters & Freedman, LLP
NENA T. RUTHERFORD-MILWARD, CMCA, AMS, PCAM, CCAM,
PAST PRESIDENT
Desert Resort Management, an Associa Company
TAD BLACK, PRESIDENT ELECT
Gothic Grounds Management, Inc.
NO COST PAULA TAPIA, TREASURER
TO YOU Pacific Western Bank
ROB WINKLE, SECRETARY
EVERY COVER
HAS A STORY. Western Pacific Roofing
TELL US YOURS! ART COULTER, DIRECTOR
MUST BE CAI-CV MEMBER
IN GOOD STANDING Palm Valley Homeowners Association, Inc.
MIKE MASTROPIETRO, DIRECTOR
Orange Coast Building Services
CONTACT (760) 341-0559 GRACE PALUCK, DIRECTOR
THE CAI-CV OFFICE
editor@cai-cv.org The Management Trust, Monarch Group Division
PHYLLIS HARKINS, DIRECTOR
Palm Desert Country Club Association
GERARD GONZALES, DIRECTOR
Albert Management
LESLEE WILLIAMS, DIRECTOR
The leaders in Desert Resort Management, an Associa Company
CONCRETE LANDSCAPE
CAI Coachella Valley Office
BORDERS
41-905 Boardwalk, Suite A-2
FREE TES Palm Desert, CA 92211
MA
E TI
S
The Curb Creator
ears Tel: (760) 341-0559
25BYusiness! can transform Fax: (760) 341-8443
In
*ASK US ABOUT your yard!
Website: www.cai-cv.org
installing landscape curbing CAL LOCKETT
in your development. 760.345.9696 Executive Director
DS-0000326876 Lic . 722895 www.thecurbcreator.com clockett@cai-cv.org
ARTICLE SUBMISSIONS OR
ADVERTISING INFORMATION
editor@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 Coachella Valley 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
www.securitas.com/us/en
information contained herein without seeking more specific professional
advice from legal, accounting or other experts as required.
Securitas Security Services USA, Inc. Attendance at CAI-Coachella Valley Chapter programs and events
For
For more
more information
informationon onhow
howwewecan
canexceed
exceedyour
your constitutes consent to be photographed for use in print and/or
expectations,
expectations,contact
contactKaitlin
DougBohigian,
Robinson,Palm
PalmDesert
Desert electronic publicity for the Chapter. If you do not want the Chapter
Branch Manager
Managing at (760)
Director 779-0728.
at (760) 779-0728. to use a photo or video of you, please notify Chapter staff in writing
prior to the program or event beginning.
4 Quorum December, 2014
AI-CVad.indd 1 11/29/12 2:02 PM
CONTENTS
FEATURES
18 Bah Humbug!
Alcohol and
Holiday Parties
By Gary Kessler, Esq.
19 Holiday Memories
& Recipes
19 Personalized
Property
Management’s
Holiday Toy Drive
18
27 Associa Cares
Helping Communities- 27
Helping People
19
29 Reaching Out is
Ongoing at The
Management
Trust
30 Brighten Your 19 29
Community’s
Path with
Sustainable Lighting
By Kimberly Weiss
36 History of the Albert
Management Bear
Affair
22 34
CHAPTER EVENTS
22 CAI-CV Awards Night
Hollywood Glamour
36
5
34 Corks for CLAC
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 5
QUORUM
COMMITTEE MEMBERS
PHYLLIS HARKINS, CMCA, CCAM
Palm Desert Country Club Association
FRAN MULLAHY
Vintage Associates, Inc.
MARGARET “GEN” WANGLER, ESQ. CCAL
Fiore Racobs & Powers
GARY KESSLER, ESQ.
Adams Kessler PLC
JOANNA VELARDE
Har-Bro Restoration
JOHN WALTERS – CLARK
NPG/Nelson Paving & Grading
LAURIE S. POOLE, ESQ. CCAL
Peters & Freedman, LLP
PAULA TAPIA
Pacific Western Bank
STEVEN SHUEY, PCAM, CCAM
Personalized Property Management
RAMONA ACOSTA
Tinnelly Law Group
KYMBERLI TAYLOR-BURKE
O’Connell Landscape
CREATIVE DIRECTOR &
GRAPHIC DESIGNER
RODNEY BISSELL
Bissell Design Studios Inc.
rodney@bisselldesign.com
(714) 293-3749
A Full Service lAw Firm
Providing Practical
SUBSCRIBER SERVICES
Approaches in: The Coachella Valley Quorum
CC&R Interpretation, Magazine is a publication
expressly prepared for association
Drafting and Enforcement leaders, managers and related
business professionals of the
Opinion Letters Community Associations Institute.
Contract Drafting Members are encouraged to
submit articles for publishing
and Negotiation consideration. All articles accepted
for publication in the Quorum
Civil Litigation are subject to editing and rewriting
Assessment Recovery by the Quorum Committee.
73-710 Fred Waring Drive, Suite 120, For inquires contact Jeffrey French
Palm Desert, California 92260 www.gbflawyers.com | 760.346.9310
6 Quorum December, 2014
CONTENTS
CHAPTER NEWS
9 CAI-CV Chapter
New & Renewing Members
40 Chapter Upcoming Events
DEPARTMENTS
8 President’s Message
By Christina Baine DeJardin, Esq.
About CAI-CV
10 Planning a Future for
CAI Coachella Valley 10 13
By Cal Lockett
13 Volunteer Committee Form
20 32
20 Homeowners Association Law
The Court of Appeal Confirms that
Associations Must Accept Partial
Payments on Assessment Debt
By Erin A. Maloney, Esq.
24 CAI California
CAI’s California Legal Forum
What We Learned...
By Kimberly Lilley, CIRMS, CMCA
24
32 Water Wise
Coachella Valley Water District Shares
Compliance Options for New State Rule
By Jim Barrett
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 7
FROM THE CHAPTER
President’s Message
Christina Baine DeJardin, Esq., Peters & Freedman, LLP
CAI-CV Chapter Board President
As the end of 2014 draws near, we have the opportunity to reflect on our Chapter’s achievements and learn
from our mistakes. CAI-CV weathered some administrative storms in 2014 but we recovered quickly. We are in
great shape financially and have made significant strides during the past four months. We anticipate that these
achievements will launch CAI-CV in a positive direction in 2015.
The Board has developed a strategic plan that will help make CAI-CV the primary source of education and
advocacy for our members. Please see Executive Director, Cal Lockett’s article on page 10 of this issue.
I am happy to report that CAI-CV has already raised more than $100,000 for 2015 sponsorships and advertising.
Thank you to our generous management companies and Business Partners for their continued support and
partnership. Members have until December 15 to turn in their marketing plans if they are interested in pre-paid
discounts or being recognized as corporate sponsors. Copies of the CAI-CV Marketing Plan are available at the
CAI-CV Office.
It takes a great team to build a great organization. Thank you to all our members who are volunteering for the
2015 committees and taking on leadership roles with the Chapter. If you are interested in volunteering, it’s not too
late. Please see the volunteer form, printed on page 13.
We all know that the holidays are a time for giving back to our communities. Please join me in thanking our
generous members who are contributing to individuals and families in need this season. The Narrow Door’s
Christmas Store is busy at work giving away the many gifts collected at the Business Partners’ Holiday Open House.
Additional thanks to many of our management company members for collecting gifts for the Christmas Store
at their locations. We can all be proud of the help our Chapter is giving to our community. Unwrapped gifts for
children ages six through sixteen may be dropped off at the CAI-CV office until December 15.
Please mark your calendars for Friday, December 12, for the Annual “State of the Chapter” Program, at Palm
Valley Country Club. Registration begins at 11:30. Come meet the 2015 leadership team, including the new Board
of Directors, incoming Committee Chairs and Co-chairs and hear from our Chapter Executive Director about
some new directions and opportunities for CAI-CV in the New Year. For managers, we have a Manager on the Run
(MOTR) event scheduled for Friday, December 9, at the Ritz-Carlton. The event begins at 8:30 a.m. Member Carol
Fulton of LaBarre/Oksnee Insurance will be presenting about risk and fidelity insurance.
Happy Holidays!
Christina Baine DeJardin, Esq.
CAI - CV M I S S I ON S TAT E ME NT
The mission of CAI-CV is to provide leadership for
successful development and operation of community
associations through information, research and education.
8 Quorum December, 2014
CHAPTER NEWS
CAI-CV Chapter New & Renewing Members
NEW BUSINESS PARTNERS RENEWING MULTI-CHAPTER UNIVERSAL PROTECTION SERVICE Zoe.Lombard@monarchgrp.
CODE 4 K9 SECURITY MEMBERSHIP FOR BUSINESS Ms. Sue Anderson com
Mr. Christian Alvarez PARTNERS (760) 200-2865
NEW VOLUNTEER LEADERS
(951) 940-5307 EAGLE ROOFING PRODUCTS sue.anderson@universalpro.com
Mr. Greg Morrow SUNDANCE II
code4ps@gmail.com HOMEOWNERS
NEW MANAGERS
(909) 633-2191 ASSOCIATION
SERVPRO OF PALM SPRING THE MANAGEMENT TRUST-
AND INDIAN WELLS gregm@eagleroofing.com Mrs. Arlene Springer
MONARCH MANAGEMENT GROUP
Mr. Chris Bennett HAR-BRO CONSTRUCTION A DIVISION
RENEWING VOLUNTEER
(760) 327-7700 Ms. Erica Schein Mr. Joey Rice
LEADERS
chris@servproiwps.com (951) 680-8900 joe@irhoa.com
SUN CITY SHADOW HILLS
TERMINIX INTERNATIONAL erica.schein@harbro.com THE RESERVE COMMUNITY Mr. John Council
Mrs. Valori Marshall PRIMECO PAINTING AND ASSOCIATION Ms. Joan Dzuro
(714) 930-3480 CONSTRUCTION Mrs. Julie Anne Reese, CMC Mr. Greg Middlebrook
Mr. Chris Erickson jreese@thereserveca.com
RENEWING BUSINESS PARTNERS (760) 473-6327
PAUL DAVIS RESTORATION RENEWING MANAGER
chris@primecopainting.com
AND REMODELING MEMBERSHIPS
Mr. Scott Johnson SUNWEST BANK MS. KATHERINE V. MELBERN, AMS
(760) 360-1855 Ms. Cyndi Koester, Katherine@datatechcorporation.com
sjohnson@pdr-usa.net CMCA, AMS, PCAM
MR. JOHN MURPHY
(949) 231-9560
jgmurphy@dc.rr.com
ckoester@sunwestbank.com
THE MANAGEMENT TRUST-
THE INSPECTORS OF
MONARCH MANAGEMENT GROUP
ELECTION, LLC
A DIVISION
Mr. Marc M. Poland
Ms. Zoe Lombard
(800) 350-8333
marc@theinspectorsofelection.com
Serving the Coachella Valley
for over 29 years.
• Landscape lighting & design
• Fence/rock wall construction
• Irrigation design & repair
• General maintenance
• Tree and shrub care
• Grass cutting
• Lawn seeding
• Fertilization
• And more!
Lic. # C27-892720 QAC #92033
Call uS today for a free eStimate!
P (760) 272-4012 e BlueSkyLandscpe7@aol.com
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 9
ABOUT CAI
Planning a
Future for CAI
Coachella Valley
By Cal Lockett, CAI-CV Executive Director
D efining CAI takes more than the
typical look toward short term
--- or even long term achievement. If
plus years of history. It surveyed past
CAI-CV Presidents and the present
membership. With the help of CAI
CIDs is complex and relentless.
Where does that leave CAI-CV?
To achieve being the “go to” author-
we are building a formidable and posi- National, Board members studied ity on CIDs, we need to look at our
tive force that will lead CAI-CV into the community trends and best practices community and know where we fit.
future, our thinking and planning must from chapters across the United States. We asked the question: Is there a need
focus on the big picture. CAI must They also looked at the legislative and for an authority on CIDs? Accord-
define itself as it relates to our commu- regulatory trends and media accounts ing to the Coachella Valley Economic
nity and our membership. The defini- for issues impacting common inter- Partnership, the Coachella Valley’s
tion must be broad and strong enough est developments (CIDs). We learned population will increase to 600,000
to withstand the winds of individual that CIDs are an important part of our residents by 2015; which is almost
bias or even the wants and desires of communities and that are growing double where we were five years ago.
any one set of Board Members. exponentially. The frequency of new The Coachella Valley has a long his-
To build a solid future for CAI, the legislation and regulation impacting tory of being home to common interest
Board has embarked on a strategic developments, with more CIDs than
mission of collecting best practices most regions in the US. Since 1995,
and, with the help of outside experts, CAI-CV can be the premier almost all home building has been in
to define an organization that will rep- CIDs. We estimate at least 400,000
authority on educational,
resent the interests of our community Coachella Valley residents currently
well into the future. It has required ethical and business live in CIDs. In 2012, there were
rethinking the organization’s role and development for CIDs, 740 community associations in the
the role of its leadership team, includ- Coachella Valley registered with the
homeowners, community
ing the Board, Committee Chairs and Secretary of State. That means there
our many volunteers. With a look board members, managers were at least 3,700 board members in
toward the future, the Board even took and business partners. the Coachella Valley and those num-
a diligent look back at CAI-CV’s 30 bers are significantly higher now. We
10 Quorum December, 2014ABOUT CAI
know that people want to live in CIDs With our leadership characteristics defined, we are in a position to develop
and CIDs are a formidable force in strategies and objectives. The Board has developed four key strategies of focus.
the Coachella Valley now and in the Following each strategy are objectives and implementation strategies:
future. Who represents the interests
of this vast population? CAI? Abso- 1. Focus on Being the Foremost Authority on CIDs: Allowing
lutely! CAI-CV is perfectly situated CAI-CV to be the industry authority for CID stakeholders.
to lead our CID communities into a
secure and thriving future. Leadership Recommended Objectives
requires good leaders. 1. Increase profile on local and national levels
The Board looked at the leadership
characteristics needed to move us for- 2. Improve communication with stakeholders
ward. There are five areas of expecta- 3. Advocate for good CID legislation
tions for CAI-CV’s Board, Committee
Chairs and volunteer leaders (rewrit-
Recommended Strategies
ten from notes taken by Steve Swaf-
ford, Ph. D, facilitator for the Board’s a) Use media to become “the authority,” such as press releases, media source,
November 10, 2014 strategic thinking TV/radio campaign
session):
b) Partnering with other organizations such as CDAR, Chamber of Commerce,
• CAI-CV’s leaders will follow BIA, President’s Councils
through with their commitment
c) Technology for new website, app, and library
to be engaged, fulfill their duties
and responsibilities as well as d) Strong CLAC resulting in galvanizing grassroots efforts
to be accountable for the end
results. e) Promote education for all local CIDs
• CAI-CV’s leaders will be open to f) Community outreach to/with charities, giving back
and supportive of new ideas and
g) Become the “model chapter,” – membership growth strategy, database
innovation, so long as it advances
development, app/website
the Chapter. Not all leaders need
to be innovators, but we all need
to support the concept. 2. Focus on Being the Principal Provider of Education to CID
Stakeholders: To increase external awareness and provide
• CAI-CV leaders will work to find
relevant information to our members and our community.
new ways or unique solutions to
achieve the Chapter’s goals. Recommended Objectives
• CAI-CV leaders will take a self- 1. Improve professionalism of our industry through education.
less approach to serving; serving
because they passionately believe 2. Expand educational opportunities to all membership types.
in the Chapter and not for per-
sonal gain. Recommended Strategies
• CAI-CV leaders will collaborate a) Promote credentials of managers, business partners, board certification/
and respect the organization and board basics
each other while supporting the b) Create webinars, breakout sessions – more convenient educational
vision of the Chapter. opportunities
• CAI-CV leaders will conduct
c) Revise scholarship program; include CVLs
themselves with integrity, loyalty
and with respect for confidential- d) Identify further educational needs, current events, seasonal or first-time
ity while acting in the best inter- home buyers – realtors – committee members
est of the organization.
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 11ABOUT CAI
4 Focus on Operations: Operate the Chapter to
achieve value for the members and financial
stability and growth for the organization.
Recommended Objectives
1 Build efficient association management system (AMS) to
include communications, registrations, directory, and
financials
2 Introduce a process implementing budget and account-
ability systems
3 Introduce steps to develop operation manuals of policies
and procedures
3 Focus on Membership: Increase
membership in all classes by provid- 4 Build an initiative to develop a governance succession plan
ing a substantive return on invest-
Recommended Strategies
ment in a way that is mutually ben-
eficial for all classes of membership. a) Build RFP for AMS
b) Create historical analysis of revenue and expenses for prior
Recommended Objectives
years; use tax returns to start
1. Build retention of membership
c) Create finance committee to include the ED, Treasurer, BP,
2. Increase participation of managers & CVLs Manager, and CVL
(quality)
d) Work with National to extrapolate best practices for opera-
3. BPs increase access & opportunity to know tion manuals from other chapters
decision makers
e) Charge Executive Committee to establish governance suc-
4. Introduce CVLs & managers – advocate the cession plan utilizing counsel of past Chapter presidents
value of quality education that includes committee structure and board development
These strategies and objectives are the key to our Chapter’s
Recommended Strategies
future. They will change as we learn new things during imple-
a) Define member needs & expectations of each mentation. While we would like to gain progress on all fronts
member type right away, some things take longer than others. We all need
to remember that this is a team effort. Together, we will build
b) Emphasize & market value of membership to
a sustainable organization that strives to improve common
all classes
interest communities. And, in the process, we will build lasting
c) Mentoring program friendships and relationships.
If you are excited about the direction CAI is heading, and
d) Define a call to action list for CVLs, BPs, and you have time to get involved, please consider joining a CAI-CV
Managers Committee and being part of the leadership team.
e) Promote scholarship programs
Cal Lockett has served as Executive Director of CAI-CV
f) Coordinate efforts with Marketing and Mem- since mid-July 2014. He has served as President of two
bership Committees HOA boards and as President of ACCP, a national
professional association representing corporate
g) Increase level of education programs and foundation mangers. He served as Executive Director of fourteen
events corporate foundations, and headed up public relations for
WellPoint/Anthem Blue Cross Blue Shield. Prior to that, he served
h) Quantify current participation of managers as Director of State Policy Development and Chief Lobbyist for
and CVLs Bank of America.
12 Quorum December, 20142015
STANDING
COMMITTEES
Join the CAI-CV leadership team by volunteering for a CAI-CV Committee. Serving on a
Committee is the best way to maximize your membership with CAI. As a volunteer, you will build
lasting relationships with other members and help educate and strengthen our communities.
Most of the Committees have new responsibilities and more networking opportunities for members. Chairs and Co-
Chairs will be attending Committee Training in January so Committees can plan out logistics and marketing for the year
in advance. The event Committees already have dates chosen for their functions so you can volunteer for an event
that is convenient for your schedule. The Quorum, Education, Business Partner, CLAC, Volunteer, Membership and
Marketing Committees are busy year round and they are looking for volunteers who have the time and energy to help
them meet their goals on a monthly basis. Serving on a CAI-CV Committee can be a very rewarding experience.
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 13HOMEOWNERS ASSOCIATION LAW
NEW FOR 2015
PROGRAMS COMMITTEE publishes the class schedule and list of publications. The
Education Committee also oversees the CAI-CV Scholarship
Educational Programs Scheduled for Friday, Jan. 23, Mar 6, May 15,
Fund that helps CAI manager members achieve their educational
Jul 10, Sep11 and Dec 18; Legislative Update, Friday, November 20 goals through the CAI-CV scholarship program. The Education
Committee also hosts the Annual Essentials Course for
The Programs Committee is responsible for planning and
community board members.
executing seven educational events each year. These events
are developed for all CAI-CV members and cover topics
GOLF COMMITTEE
related to industry trends, new opportunities and state and
federal regulations. One of the seven events is CAI-CV’s Spring Golf Tournament, Friday, April 24, 2015
annual Legislative Update where members are invited to
hear presentations about new laws that have passed or are The CAI-CV Golf Committee is
still pending that impact common interest developments. responsible for developing the
In addition, the Programs Committee has piloted two new Chapter’s golf fundraising activities.
programs for 2015. The Manager on the Run (MOTR) program This Committee plans the annual golf
is specifically designed for managers and covers topics such as tournament, sets the date, inspects
financial and audit review tools, how to more effectively organize and chooses a course, develops the day’s
board meetings and hearings, and technology tools and apps activities and marketing opportunities, sends
that can help improve management and productivity skills. out invitations and administers the event. The
The Board Member Workshop (BMW) program is designed Committee works to create an environment
for homeowner volunteers and focuses on educating board where all CAI-CV members are welcome and
members about fiduciary responsibilities, legal and regulatory can participate. Members and their guests are
issues, and best practices for dealing with homeowner issues encouraged to have a great time while networking
that may come before a community board. MOTR & BMW dates and building relationships.
TBD.
BOWLING COMMITTEE
WINE TASTING EVENT COMMITTEE Bowling Night, Friday, June 26, 2015
Corks for CLAC, Friday, February 20, 2015
The Bowling Committee is responsible for developing and
The Wine Tasting Event Committee is responsible for developing implementing a social fundraising event annually to assist with
and implementing one fundraising event annually to assist with funding the CAI-CV Chapter. The Bowling Committee chooses
funding CAI-CV’s commitment to the California Legislative the venue and administers all of the logistics for the event,
Action Committee (CLAC). CAI-CV provides CLAC with including finding sponsors, invitations, programs, marketing,
funding from the Buck-a-door Campaign (CLAC Committee) food, bar and registrations.
and the annual Wine Tasting Event. These funds help CLAC
continue their efforts to identify, track and lobby legislation that CASINO NIGHT
impacts common interest communities. The Wine Tasting Event COMMITTEE
Committee chooses the venue and administers all of the logistics
for the event, including finding sponsors, invitations, marketing, Casino Night, Friday,
silent auction, food and wine selections and registrations. September 25, 2015
EDUCATION COMMITTEE The Casino Night Committee
is responsible for developing
Essentials Course, Friday, April 10 and implementing one
fundraising event annually
The CAI-CV Education Committee is responsible for monitoring
to assist with funding the
the educational needs of Chapter members. Working with
CAI-CV Chapter. The Casino
the national office of CAI, they schedule appropriate classes
Night Committee chooses
in the Coachella Valley and nearby areas. These educational
the venue and administers
courses include classes required by CAI to receive manager
all of the logistics for the
certifications and designations, and classes that offer education
event, including finding
to homeowner volunteers and business partners. The Education
sponsors, invitations, gaming,
Committee also works with the national office of CAI to ensure
marketing, silent auction,
our Chapter has the latest CAI educational publications. The
food, bar and registrations.
Education Committee develops articles for Quorum and
14 Quorum December, 2014BUSINESS PARTNER COMMITTEE
Dates, To Be Determined
The Business Partner Committee is responsible for fostering
relationships between Business Partners and other members of
CAI-CV. The Business Partner Committee works with the CAI-
CV Board, other Committees and the Chapter’s membership to
develop networking opportunities for Business Partners. This
Committee also recruits new Business Partners and provides
mentoring to new Business Partner members. Three times a
year, the Business Partners Committee hosts events specifically
designed to promote relationships and networking. The
December event is also known as the CAI-CV Holiday Social. This
event is completely sponsored by CAI-CV Business Partners and
all proceeds from the event go to benefit a local Coachella Valley
charity.
EXPO COMMITTEE
The CAI-CV Expo Committee is responsible for developing
the Chapter’s annual Business Partner Expo where businesses
have the opportunity to share their business capabilities
with association managers, community volunteers and other
businesses. The CAI-CV Board has decided to forgo an Expo
OKTOBERFEST COMMITTEE in 2015 and instead has asked the Committee to use 2015
Oktoberfest, Friday, October 23, 2015 to develop a new strategy for Expo and plan a new type of
Expo event for 2016. The committee has been tasked with
The Oktoberfest Committee is responsible for developing and investigating Expos at other chapters and other non-profit
implementing one fundraising event annually to assist with organizations, reporting their findings of best practices to the
funding the CAI-CV Chapter. The Oktoberfest Committee Board, and developing and implementing a new CAI-CV Expo in
chooses the venue and administers all of the logistics for 2016.
the event, including finding sponsors, invitations, programs,
marketing, food, bar and registrations.
CALIFORNIA
AWARDS COMMITTEE LEGISLATIVE
ACTION COMMITTEE
Awards Night, Friday, November 6, 2015
Coachella Valley (CLAC-CV)
The Awards Committee is responsible for
planning CAI-CV’s annual Awards event The California Legislative
where members who have gone above Action Committee – Coachella
and beyond in their service to the Chapter Valley (CLAC-CV) is the local
are honored. During the year, the Awards Committee responsible
Committee works with the Board of for supporting the efforts
Directors and other CAI-CV Committees to of CAI’s statewide and
help them identify outstanding volunteers. national legislative action
The Committee manages the nominations Committees. CAI-CV
process where CAI-CV members are solicited provides two delegates and one liaison who represent the
for nominees. Members fill out a nominations Chapter on the California Legislative Action Committee (CLAC).
form and the nominees are passed along The CLAC-CV Committee is responsible for monitoring the
to one of our sister chapters to review and activities, legislation and regulation, legislative outreach efforts
choose the winners. The Central Arizona and grassroots involvement sponsored by the statewide or
Chapter has served in this capacity for national legislative action committees. CLAC-CV organizes
CAI-CV for the past two years. In addition legislative information to be included in Quorum Magazine,
to overseeing the nominations process, and to be disseminated to CAI-CV’s members. They also
the Committee selects a theme, venue, organize grassroots meetings with elected officials in their
decorations, menu, invitations, entertainment Coachella Valley district offices. The CLAC-CV Committee
and awards for the Awards Night event. This is also responsible for managing the Chapter’s Buck-a-door
Committee makes every effort to make sure campaign, a fundraising effort to support CLAC in Sacramento.
CAI-CV thanks its top volunteers for their The Buck-a-door Campaign raises funds directly from community
outstanding service to the Chapter. associations.
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 15MEMBERSHIP COMMITTEE
The CAI-CV Membership Committee is responsible for
promoting and strengthening the Chapter’s relationship with
VOLUNTEER
existing members as well as supporting efforts to recruit new
members. The Membership Committee is also responsible
for developing mentoring programs for managers and
community volunteers. They work with the Business Partner
COMMITTEE MEMBER
Committee to help facilitate the mentoring program for INTEREST FORM 2015
business partners. The Membership Committee members
also serve as Ambassadors for the chapter at CAI-CV events.
Ambassadors identify and greet new members at CAI-CV
functions and help them to maximize their participation with Join CAI-CV’s Volunteer Leadership Team by becoming a
CAI-CV. member of a Committee. Committee members have the
opportunity to build lasting relationships with CAI-CV members
from every membership class. Committee members help raise
funds, promote education and work to make CAI-CV the best
place to network in the Coachella Valley. If you are enthusiastic,
energetic, a good team player and have the time to volunteer,
we want you on one of our Committees!
MEMBER INFORMATION
Name
Company Name
Street Address
City St Zip
Work Phone
QUORUM COMMITTEE
Work Cell Phone
The Quorum Committee is responsible for publishing the
Chapter’s monthly magazine. This Committee monitors CAI E-Mail Address
events, educational opportunities, industry issues, state and
federal legislation, and trends impacting common interest COMMITTEE SELECTION
communities. The Committee develops a story list for each
issue and then works with the appropriate experts to gather Please list the Committee where you believe your service can
information, develop and write articles, and edit and proof be most beneficial to you and the Chapter. You may request to
the publication before it is published. Each Committee serve on more than one Committee. Please provide a back-up
member is assigned specific tasks including investigation, committee in case the Committee you request is full.
interviewing experts, writing articles, proofing and editing.
The Quorum Committee also works with the CAI-CV events
committees to develop marketing ads for Quorum. And, the
Committee works with Business Partner and Management
Companies to develop and properly place advertising in
Quorum Magazine.
SPECIAL SKILLS OR QUALIFICATIONS
VOLUNTEER COMMITTEE If you have special skills that you want considered by the
The Volunteer Committee is responsible for providing Committee Chairs, please list them here:
volunteers to help administer CAI-CV events. The Volunteer
Committee works with the Board and the CAI-CV office to 1.
develop registration procedures that make attending CAI-CV
2.
events easy and enjoyable. Volunteer Committee members
provide assistance with registration, collecting payments, 3.
organizing and handing out nametags, setting up and
I understand the two-hour time commitment required to serve
striking events, and developing and delivering hand-outs to
on a CAI-CV committee(s) and I have read and understand the
event participants.
responsibilities of Committees and their members.
Signature
Questions about serving on CAI-CV Date
Committees may be directed to the Please return this form to the
Chapter Office via fax (760) 341-8443 or
CAI-CV office at (760) 341-0559. email to Admin@cai-cv.org
16 Quorum December, 2014ABOUT CAI-CV STANDING
COMMITTEES
STRUCTURE
• The Committee Chair and Co-Chair will be appointed by the CAI-CV
Board
• Committee Members will be appointed by the Committee Chair • Landscape Maintenance
• A CAI-CV Board member will serve on each Committee • Tree Care
• Committees will strive to include representatives from each CAI
membership class
• Enhancement & Construction
• The CAI-CV Executive Director will be a non-voting member of • Water Conservation
each committee • 24 Hr Emergency Service
• Committee members are CAI Coachella Valley (CV) members in
good standing
• Committee members may be removed from a Committee if they miss
two or more meetings (all meetings are available via conference
call)
• Committee members may serve on a Committee for up to three one-
year terms (Exceptions may be granted by the Board)
• Committee members serve at the pleasure of the Board and may
be asked to move to another Committee or to step down from a
Committee at any time.
760.343.1433
FINANCE
• Each Committee will have a budget approved by the Board
• Committees will seek Board or Executive Director approval before 72265 Manufacturing Road • Thousand Palms, CA 92276
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RESPONSIBILITIES
• Committee Chairs and Co-Chairs will complete Committee Chair
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• Committees will develop Goals and Objectives to submit to the
Board “REFINISHING SPECIALISTS”
• Committees will schedule 2015 meetings on the Master Calendar by
the end of December, 2014
• Committees will hold their meetings at the CAI-CV office
• Committees will inform the Board of important actions and
activities through written reports to the Board as needed
• Working with the Marketing Committee, each Committees will
establish an annual marketing plan that will include a schedule for
mailings, e-blasts, media and social media
• Committees will work to fulfill their 2015 Marketing Plans before
January 15, 2015
• Committees will appoint one member to serve as Secretary for
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CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 17FEATURE
Bah Humbug!
Alcohol and
Holiday Parties By Gary Kessler, Esq.
W ith the holidays right around
the corner, directors and
managers are busy finalizing plans for
California Supreme Court case
decided during this past year, opens
the party door to potential liability. It
intended to immunize from liabil-
ity social hosts and businesses who
furnish alcoholic beverages to any per-
association holiday parties. Although is important for associations to know son. Civil Code section 1714(c) states
during the first eleven months of the about these bases for alcohol-related that “no social host who furnishes
year, the association may have had to holiday party liability so that directors alcoholic beverages to any person may
deal with difficult issues and controver- be held legally accountable for dam-
sies, and individual members may have ages…resulting from the consumption
engaged in conflicts with each other, of those beverages.” Similarly, Busi-
the holiday season can be a wonderful ness and Professions Code section
opportunity for the association to host 25602 protects those in the business of
a gala celebration—complete with food selling alcohol from becoming liable
and spirits, in order to foster good cheer to any persons injured “as a result of
as a new year begins. intoxication by the consumer of such
However, as that well-known alcoholic beverage.”
legal scholar from the 19th century, However, the legislature and the
Ebenezer Scrooge, once said about the courts have created several important
Christmas holidays: “Bah Humbug!” exceptions to the general immunity
In other words, while holiday par- and managers can take appropriate provided by the above two statutes,
ties are fun and offering alcoholic actions to reduce their exposure. any of which could impose liability
beverages to the revelers makes these An understanding of this area of on unknowing associations who serve
festivities even more enjoyable, Cali- California law must begin with two alcohol at their holiday parties, includ-
fornia law—including an important statutes enacted in 1978 which were ing the following four examples.
18 Quorum December, 2014Holiday Memories
First, anyone who “sells” alcohol to an breach of his voluntary promise as
obviously intoxicated person under a Good Samaritan to protect third
21 may be liable for injuries which are parties who might be injured by
caused by the minor. (Bus. & Prof. the patron’s intoxicated driving.
Code section 25602.1). In the February Consequently, if during a holiday
2014 case of Ennabe v. Manosa (2014) party any agent of the association
58 Cal.4th 697, 715, 722, the California (including directors and managers)
Supreme Court recently expanded the makes any similar Good Samaritan-
scope of liability under this section by type promise to assist an inebriated
holding that a sale of alcohol occurs person at the party, the association
any time an “entrance fee” is required could face liability.
Photo of Rich Warfield’s daughter, Kelsey, and
to enter a party where alcohol is Kelsey’s friend, at a Recue Mission toy drive event.
provided. Therefore, if an association And fourth, liability could attach
charges members any type of fee to to the association under the prin-
Personalized
attend their holiday party, the associa- cipals of respondeat superior if one
tion could be liable if alcohol is served of its agents consumes alcohol at
Property Management
to an obviously intoxicated minor, and the party and then injures someone Community Giving
that minor subsequently gets into an in an auto accident. In Harris v. Personalized Property Manage-
auto accident. Trojan Fireworks Co. (1981) 120 Cal. ment has provided toys every year
App.3d 157, an employer furnished for the Coachella Valley Rescue
Second, an adult who knowingly alcohol at their Christmas party. Mission’s holiday toy drive. Rich
furnishes alcoholic beverages at his An employee became intoxicated Warfield, PPM’s President, com-
or her residence to a person who he and injured someone in an auto mented that one year PPM donated
or she knows or should have known accident. The court held that the one hundred fifty (150) bicycles for
to be under 21 years old, is liable for employer could be found liable for the children that are helped by the
any injuries caused by the intoxicated the injuries if “there was a suffi- Rescue Mission. According to Rich,
minor. (Civil Code section 1714(d)(1).) cient business relationship between the Rescue Mission has a special
Thus, if an association holds its holi- the employment and the banquet place in PPM’s heart, and he is
day party in a director’s home, and the at which the defendant became honored to support such a worthy
director or his/her spouse furnishes intoxicated…” charitable organization.
liquor to a minor, the director and his
spouse could face liability under this Of course, the best way to avoid
section. potential alcohol related liability
is not to serve any alcohol at an
Third, an association could face association’s holiday party. But not Holiday Recipes
liability under the Good Samaritan every association is such a Scrooge.
exception to the immunity statutes. So if alcohol will be served, then Paula Tapia’s
This theory of liability was explained associations should take reason- Cheese Ball Recipe
in Williams v. Saga Enterprises, Inc. able precautions to reduce their
2 cups grated cheddar cheese
(1990) 225 Cal.App.3d 142, where a risk, including confirming that they
2 cups Bisquick
bartender voluntarily agreed to hold have sufficient insurance to cover
1 pkg (1 lb) pork sausage, HOT flavor
a patron’s car keys if, due to alcohol potential liability, and hiring a
consumption, the patron was not reputable and responsible commer-
Combine ingredients and mix by
able to drive his car upon leaving the cial caterer/bartending company to
hand until everything is very well-
restaurant. One evening, the bar- furnish alcoholic beverages.
blended. From the mixture, form
tender gave the car keys back to the
small balls, about an inch in diameter.
patron, who drove away intoxicated Gary Kessler, Esq. is an
Place each on a greased or lined
and injured a third person in an auto attorney with Adams
Kessler PLC. You can baking sheet. Bake at 375’ for ten to
accident. The Williams court held that
reach him at twelve minutes. Turn each ball over
the restaurant could be liable to the
(310) 945-0280 or by email at and bake for another ten minutes
injured person due to their employee’s
gkessler@adamskessler.com (watch closely so they don’t burn).
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 19HOMEOWNERS ASSOCIATION LAW
The Court of Appeal Confirms that
Associations Must Accept
Partial Payments on Assessment Debt
By Erin A. Maloney, Esq., Fiore, Racobs & Powers, APLC
On October 14, 2014, the Court of Appeal issued an The court considered two issues related to section
opinion in the case of Huntington Continental Townhouse 5655(a). First, the court analyzed whether that section
Association, Inc. v. Miner concerning associations’ duty to permits an owner to make a partial payment which does
accept partial payments from delinquent owners. not cover the entire debt. The court found that the plain
The issue considered by the court in the Huntington case language of section 5655(a) unambiguously permits par-
was whether an association is required by the Davis-Stir- tial payments. By creating an order of allocation, section
ling Common Interest Development Act to accept partial 5655(a) recognizes a payment might not cover the full
payments from an owner who is delinquent in the pay- amount of the delinquency and other charges.
ment of assessments after Second, the court con-
a lien has been recorded sidered whether section
against the owner’s prop- 5655(a) requires an asso-
erty. The court decided that ciation to accept a partial
associations must accept payment. The court deter-
partial payments made mined that associations
by an owner, regardless are so required. The court
of whether a lien has been noted: “Section 5655(a) does
recorded. not refer to any payment
The defendant, Miner, made by the owner and
had tendered a partial pay- accepted by an association.
ment toward his debt that Instead, section 5655(a)
would have brought the states, ‘[a]ny payments
debt below the statutory made by the owner’ toward
threshold for foreclosure.1 a debt described in sec-
Counsel for Huntington tion 5650(a) ‘shall’ (italics
Continental Townhouse added) be applied in the
Association (“HCTA”) order set forth. Use of the
rejected the tender of pay- word ‘shall’ connotes a
ment, asserting that it was mandatory act.”
not able to accept partial The court held: “Under
payments without first the statutory language of
establishing a payment plan approved by HCTA’S Board of section 5655(a), if an owner of a separate interest makes any
Directors. payment, the association cannot reject it, but is required
Civil Code section 5655 addresses allocation of pay- to (“shall”) apply that payment to the debt in the statutory
ments made by an owner. Section 5655(a) provides: “Any order of allocation.”
payments made by the owner of a separate interest toward That mandate is clear with regard to a tender of an
a debt described in subdivision (a) of section 5650 shall unconditional payment. However, if a conditional payment
first be applied to the assessments owed, and, only after the is tendered, then concerns arise that were not addressed by
assessments owed are paid in full shall the payments be the court in Huntington. Civil Code section 1494 provides:
applied to the fees and costs of collection, attorney’s fees, “An offer of performance must be free from any conditions
late charges, or interest.”
1 Civil Code section 5720(b)(2) provides that an association may not foreclose upon a lien until the amount of the delinquent assessments secured thereby , exclusive of any accelerated
assessments, late charges, fees and costs of collection, attorneys’ fees or interest equals or exceeds $1,800 or the assessments secured by the lien are more than 12 months delinquent.
20 Quorum December, 2014theprovide
We Devil is solutions...
in the details.
Knowledge. Integrity.
to complex Community If you are involved in the management of a
community association, you know that State
Association legal issues.
which the creditor is not bound,
on his part, to perform.” Thus, if a
Commitment. Success. and Federal laws that govern associations
complicate decision-making and make the
If conduct
you are involved in the management of a
of association business challenging.
integrity
SUCCESS
partial payment is tendered as “pay- community association, you know that the
State and Federal
At Epsten laws
Grinnell that govern
& Howell, associations
knowing the
ment in full,” that payment need not
be accepted as such. A creditor may Knowledge commitm
complicate
nt
details of community association lawtheis our
conduct
decision-making
Foforassociation
only business. moreOurthan
and
business
attorneys
make
challenging.
constantly
28 years, Epsten
KNOWLEDGE
We can help. At Epsten Grinnell & Howell,
commitment
strike conditional language such as
COMMITMENT Grinnell & Howell has been a recog-
KNOWLEDGE integrity
solving theleader
nized complexities of community
in community association
“payment in full” from a check before governing documents. This attention to
association law is our only
law throughout business.
Southern California.
INTEGRITY
SUCCESS
depositing it to avoid an accord and KNOWLEDGE
satisfaction by accepting a partial integrity Our
varied
attorneys
practical
We are
streamWe
reason.
ahandle
solutions
leader a continuing
to legal
in
of association
work hardlegal
fieldand
ourproblems. for a
matters.
to earn our
payment. (Civil Code section 1526.) WeLetcollaborate
our comprehensive
reputation andshare
and understanding
believe
our each day isof
ever-expanding
commitm nt
Huntington could be argued to hold anotherwith
knowledge
community opportunity
each other,law
association to
andsolidify
with our
contributeit. to
that even conditional tenders must SUCCESS integrity By
clients. preserving
This can be our
a real founding
benefit
the success of your association. to mission
your
commitment
of knowledge,
association, integrity,
as our attorneys arecommitment
not
be accepted, so associations should likelyand
to besuccess, we strive
starting from squareto onebewhen
an entity
consult with legal counsel regarding that garners the admiration of not
faced with your difficult issue.
KNOWLEDGE
integrity
only ourCallclients, but alsoWe
us today… that of our
have
such conditional offers of payment. business associates,
a lot of common suppliers and
interests.
Callour usmore
today… thanWe sixtyhave
employees.
The impact of the Huntington SUCCESS a lot of common interests.
decision is that in cases where a
Call us today ... your association’s
partial payment is made that reduces success and ours go hand and hand.
the principal amount of the debt
to an amount below the statutory
SM
threshold for foreclosure, then fore-
SM
closure may no longer be a remedy
available to the association. This is San Diego Coachella Valley Inland Empire 760.836.1036 I www.epsten.com
800.300.1704 l www.epsten.com
true when payment is tendered dur-
ing litigation, as in the Huntington
case. In such cases, an association San Diego Coachella Valley Inland Empire
could still obtain a money judgment 10200 Willow Creek Rd., Suite 100 72960 Fred Waring Dr., Suite 1 43460 Ridge Park Dr., Suite 200
San Diego, California 92131 Palm Desert, California 92260 Temecula, California 92590
for the amounts due, but it would not 858.527.0111 • fax 858.527.1531 760.836.1036 • fax 760.836.1040 951.461.1181 • fax 858.527.1531
be entitled to a decree for foreclo-
sure if the threshold is not met after
applying a partial payment which is
tendered.
In cases where a lawsuit has not
yet been filed, then acceptance of a
pick the right tools
for your next project.
partial payment may simply result
in a delay in initiating foreclosure
rather than a bar to using that rem-
edy. The association would have to With community association lending expertise
wait for the debt to reach the statu- like ours, you’ll get the job done right.
tory threshold after applying the
payment before initiating an action take that to the bank.
for foreclosure.
Brendan Concannon
Erin A. Maloney, Esq., is an Regional Account Executive
attorney with Fiore, 619-961-6346
Racobs & Powers, APLC. Toll Free 866-800-4656, ext. 7480
She is the managing
shareholder of the firm’s Assessment
brendan.concannon@mutualofomahabank.com
Collection Department. She can be
reached at 951-369-6300 or
emaloney@fiorelaw.com. mutualofomahabank.com Member FDIC
AFN46055_0913 Equal Housing Lender EQUAL HOUSING
LENDER
CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 21CHAPTER EVENTS
CAI-CV
HOLLYWOOD
Glamour AWARDS NIGHT
NOVEMBER 7, 2014
22 Quorum December, 2014CHAPTER EVENTS
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CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 23ABOUT CAI CALIFORNIA
CAI’s California Legal Forum –
What We Learned… By Kimberly Lilley, CIRMS, CMCA
This year’s Legal Forum for Cali- the Forum by stating: “What I walked learn from someone. You should have
fornia communities took place in San away with is somewhat elementary, them attend every event. This is great
Diego at the Marriott Marquis. As but essential, and that is knowing and stuff and they just didn’t have enough
usual, the Forum began with delegates understanding your HOA’s govern- time.”
and liaisons attending the annual ing documents and management Betty Roth, General Manager for
California Legislative Action Com- contract.” Sunnymead Ranch (Avalon Manage-
mittee’s (CLAC) planning meeting, Another San Diego manager stated, ment Group), commented on the
where the past year’s legislative work “I attended both days of the Legal excellent presentation in Risky Rules:
was reviewed and plans were made for Forum and view [it] and the infor- The Hidden Liability Lurking in
2015. mation received mainly as a great Your Rules. “This well-done session
A sampling of the Forum partici- reminder tool. I truly appreciate hear- brought out the fact that even though
pants confirmed the widespread inter- ing about the vital legal requirements the wording of a rule may sound great
est in learning more about the legal of management, so that I can prop- to the creators, it is very important
aspects of common interest develop- erly adhere to these requirements. I to have that rule reviewed and inter-
ments and in furthering CAI’s leading also gained additional knowledge preted by other entities such as a rules
role in the educational process. As and insight at each of the sessions I committee and/or the Association’s
a manager in San Diego mentioned: attended.” legal counsel so as not to create a rule
“I liked the fact there were advanced Sheila Robbins, General Manager which may appear to be discrimina-
classes for those that have been in the for Village Park Community Associa- tory or unnecessarily restrictive due to
industry for some time. Furthermore, tion in Irvine, particularly enjoyed the interpretation.”
I liked how the speakers engaged the relevance of The XYZ’s of Enforcing Another San Diego manager appre-
audience so it was more interactive.” Governing Documents, and also felt ciated all of the new information he
Mike Romo, a manager with S&L that Deciphering the Code: How to heard from the presenters in Enemy
Association Management in Mur- Read and Understand Recorded Docu- at the Gate: Responding to Criminal
rieta, summarized his impressions of ments was “most informative and Activity in Associations relating to
advanced.” crime prevention, security cameras,
Becky Groenewold, General Man- and the attorney-client privilege.
ager for Ocean Hills Country Club in Regarding the session on The XYZ’s
San Diego, agreed with Sheila: “The of Enforcing Governing Documents,
best part of the program to me was the Joanne Pena from Horizon Manage-
program on Deciphering the Code. ment in Los Angeles was interested
I could have listened to the speak- in hearing about the “information
ers for much longer. They gave great regarding new legislation on IDR and
information that I have been dying to the homeowners’ right to bring their
attorneys. I have an IDR request pend-
ing now, and so this was particularly
relevant.”
24 Quorum December, 2014You can also read
