June - CAI-CV
Transcription
June - CAI-CV
June 2014 Coachella Valley Community Associations Institute Magazine Inside Bruges to Berlin, and All the Beer in Between Board Members: Why Serve? Short Term Rental Restrictions – Tips on Gathering the Evidence New State Rule Will Be Costly for Coachella Valley Four of the Best Trails Around Our Valley…For Your Body and Mind So, Your Diet Isn’t Working? DEsErT rEsOrT MAnAGEMEnT Providing quality professional management services throughout the Coachella Valley and surrounding areas. Our fOcus is On yOu. Serving community associations since 1987, Desert Resort Management (DRM) provides services that enrich communities and enhance the associations we serve. • National strength. Local attention. • Turnkey service to our clients. • Service-driven technology backbone. • Industry’s best trained team. • Innovative programs to save your association time and money. • Commitment to clients. • Management, financial and development services. SM 2 Quorum June, 2014 42-635 Melanie Place, Suite 103 | Palm Desert, CA 92211 | Tel: (760) 346-1161 | Fax: (760) 346-9918 www.drminternet.com | info@drminternet.com Contents 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 10 Tad Black, President Elect Gothic Grounds Management, Inc. Paula Tapia, Treasurer Pacific Western Bank Your Ad here Rob Winkle, Secretary Western Pacific Roofing Art Coulter, Director Palm Valley Homeowners Association, Inc. Mike Mastropietro, Director Orange Coast Building Services admin@cai-cv.org | (760) 341-0559 June 201 4 Coachella Va lley Comm unity Assoc iations Ins titu te Magazin e 10 Grace Paluck, Director The Management Trust, Monarch Group Division Phyllis Harkins, Director Palm Desert Country Club Association Your HOA can be our next Cover Features Gerard Gonzales, Director Albert Management By Phyllis Harkins 13 16 23 No Cost 27 to you Must be CAI-CV member in good standing Contact the CAI-CV Office 4 Quorum June, 2014 Every cover has a story. Tell us yours! (760) 341-0559 editor@cai-cv.org Attendance at CAI-Coachella Valley Chapter programs and events constitutes consent to be photographed for use in print and/or electronic publicity for the Chapter. If you do not want the Chapter to use a photo or video of you, please notify Chapter staff in writing prior to the program or event beginning. New State Rule Will Be Costly for Coachella Valley 27 Four of the Best Trails Around Our Valley… For Your Body and Mind By Charles Walters-Clark 32 The materials contained in this publication are designed to provide our members with accurate, timely and authoritative information with regard to the subject covered. However, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The CV Chapter has not verified and/or endorsed the contents of these articles or advertising, nor do we have the facilities or the personnel to do so. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required. Short Term Rental Restrictions – Tips on Gathering the Evidence By Jim Barrett editor@cai-cv.org Ins Ide 23 Board Members: Why Serve? By Margaret “Gen” Wangler, Esq. CCAL ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION Bruges to Berlin, and All the Beer in Bet wee n Board Mem bers Why Short Term Ser ve Rental Res tric tions – Tips on Gather ing the Evid ence New Stat e Rule Wil l Be Costly for Coache lla Valley Four of Our Valley… the Best Trails Aro und For Your Body and Mind So, Your Diet Isn’t Working? 16 By Stephen Grane Leslee Williams, Director Desert Resort Management, an Associa Company CAI Coachella Valley Office 41-905 Boardwalk Suite A-2 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org Bruges to Berlin, and All the Beer in Between Why be a Board 13 Member? So, Your Diet Isn’t Working? By Nicole Ortiz, ND Chapter News 9 CAI-CV Chapter New & Renewing Members 37 Advertisers Index 32 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 5 Contents Chapter Events 19 19 CAI-CV Golf Turnament Americana Quorum Committee Members 19 Fran Mullahy Vintage Associates, Inc. MARGARET “GEN” WANGLER, ESQ. CCAL Fiore Racobs & Powers Gary Kessler, Esq. Adams Kessler PLC Contractors Lic. # 235717 WESTERN PACIFIC JAY POWELL Conserve LandCare Roofing Corporation Since 1949 “Complete Roofing Services” Repairs • Re-roofing Roof Inspection • Maintenance Programs Polyurethane Foam • Built-up • Tile • Patios 3462 La Campana Way, Palm Springs, CA 92262 Phone (760) 416-5877 Fax (760) 320-8912 FIND US ONLINE AT www.westpacroof.com John Walters – Clark NPG/Nelson Paving & Sealing LAURIE S. POOLE, ESQ. CCAL Peters & Freedman, LLP PAULA TAPIA Pacific Western Bank PHYLLIS HARKINS, CMCA, CCAM Palm Desert Country Club Association By Luanne K. Fitton 40 FREE TES A STIM E *ASK US ABOUT ears 25BYusiness! In installing landscape curbing in your development. DS-0000326876 CONCRETE LANDSCAPE BORDERS Lic . 722895 Creative Director & Graphic Designer Rodney Bissell Bissell Design Studios Inc. Schedule of Events Departments 8 President’s Message By Christina Baine DeJardin, Esq. 19 CAI National Safe Summer Fun 24 Technology Today Electronic Cigarettes, What’s The Harm? By: John Walters-Clark STEVEN SHUEY, PCAM, CCAM Personalized Property Management The leaders in How “Essential” is the Essentials of Community Association Leadership Program 34 By The Way Quorum Committee Vacation Memories 35 Welcome Aboard Christina Enriquez By Fran Mullahy 30 Community Association Leadership The Curb Creator can transform your yard! 760.345.9696 24 www.thecurbcreator.com Subscriber services The Coachella Valley Quorum Newsmagazine is a publication expressly prepared for our Association leaders, managers and other related professionals of the Community Associations Institute. Authors are encouraged to submit articles for publishing consideration. All articles accepted for publication in the Quorum are subject to editing and rewriting by the Publications Committee. 6 Quorum June, 2014 _______________________ 19 35 34 CoachellaValleyCAI.org O.K. WITH CORRECTIONS BY: ___________________________ facebook.com/CAICV twitter.com/CAI_CV 7 From the Chapter President’s Message Chapter News CAI-CV Chapter New & Renewing Members Christina Baine DeJardin, Esq., Peters & Freedman, LLP, CAI-CV Chapter Board President Summer is upon us and we must brace ourselves for the heat. I hope that you will be able to take a break and escape to somewhere cool in the next few months…. maybe the beach or somewhere tropical. Vacations are critical to that delicate work – life balance. I hope you enjoy some time off. This month we have our ever popular Bowling Tournament. It will be held on Friday, June 27, 2014, at Palm Springs Lanes. Registration starts at 4:30 p.m. The theme is “Summer of Love” so wear your grooviest tie dye. I know it’s going to be a great event and I hope to see you there. I hope you were able to catch our luncheon program last month where Lori Albert of Albert Management and Gen Wangler of Fiore Racobs & Powers presented on crisis management and what to do when all hell breaks loose. Lori and Gen provided some great insights and tips for dealing with crises in our communities. Our next luncheon program will be held on Friday, July 11, 2014, at Palm Valley Country Club. Mike Graves from SCT Reserve Consultants, Inc. and Keith Lavery from Albert Management will be presenting on Reserve Funds and Budgets. Registration begins at 11:30 am. I know that Mike and Keith will have some great information to share with us on this important topic. Be sure to register early. Also, don’t miss our next Managers on the Run (MOTR) program, which will be held on Friday, June 13, 2014, at 8:30 a.m. at the Palm Desert Country Club Association Office. The topic will be “Tech Tips, Tricks & Tools.” Please contact the Chapter Office to sign up. I hope you’ve been following us on Twitter and Facebook. If you have, you will know that CAI National selected our Chapter to receive an Achievement Award for Best Net Retention in a medium size chapter. It was such an honor to accept this award on behalf of the Chapter at the CAI 2014 Annual Conference in Orlando, Florida. It is a testament to our loyal and steadfast membership. Our Board of Directors is diligently seeking a replacement Chapter Executive Director. We have received a number of applications and hope to conduct interviews in the upcoming weeks. I can’t tell you how gratifying it is to see the outpouring of support from our members. My deepest thanks go out to our Board and Committee members who are working hard to ensure that our Chapter continues to hum along. REJOINING MANAGER LOU MORENO Diversified Asphalt Products, Inc. 714-449-8666 loum@diversifiedasphalt.com Marianne Simek Action Property Management Inc msimek@actionlife.com Robert Lienhard Heightened Security, Inc. 760-813-3003 blienhard@hs-usa.com RENEWING BUSINESS PARTNERS NEW MANAGERS Tiffany Goff Albert Management Corporation tgoff@albertmgt.com Matthew Rittenhouse Desert Resort Management mrittenhouse@drminternet.com Todd Gregory Young Reliable Roofing by TGY 760-323-2705 Juana Zarate First Service Residential juana@or-indio.com RENEWING MANAGERS Syliva Corsini J&W Management Co. desertsjc@aol.com Timothy Taylor Keystone Pacific Property Management ttaylor@keystonepacific.com NEW COMMUNITY ASSOCIATION VOLUNTEER LEADERS Julie Brown Shadow Cove HOA jbdesertlifegmail.com Vicki Madler Shadow Cove HOA victoria2dale@hotmail.com Christina Baine DeJardin, Esq. Diane Johnston Twin Springs HOA djohnst@dc.rr.com The mission of CAI is to provide the leadership for successful development and operation of community associations through information, research and education. Quorum June, 2014 Allen Moser Advanced Painting Co. Inc. 800-651-6516 info@advpaintconst.com Linda La Rocque La Rocque Better Roofs, Inc. 909-476-2699 linda@familyroofer.com Don’t forget to follow us or like us on Facebook and Twitter for some instant updates @Facebook.com/ CAICV and Twitter.com/CAI_CV. Have a great June! CAI -CV MIS S ION S TAT EMENT 8 New Business Partners REJOINING BUSINESS PARTNERS Anthony Pytel Armstrong Growers 760-360-2870 apytel@armstronggrowers.com Jerod Pannell United Landscape 760-347-6161 jerod@unitedgli.com Frank Bruder Glenellfb@hotmail.com Brenda Ravn Gold Coast Property Management brenda@goldcoastent.com Jon Roy Lake Mirage Racquet Club Homeowners Association jroy@drminternet.com Sara Fenimore Palm Desert Greens Association sfenimore@pdgcc.org Roberta Reynolds Palm Desert Green Association breynolds@pdgcc.org William Kingston Rancho Mirage Country Club HOA rancchoa@verizon.net Lynn Gilliam The Management Trust-Monarch Management lynn.gilliam@managementtrust.com RENEWING MANAGEMENT COMPANIES Personalized Property Management Co. Rich Warfield 760-325-9500 rwarfield@ppminternet.com CoachellaValleyCAI.org RENEWING COMMUNITY ASSOCIATION VOLUNTEER LEADERS Bermuda Dunes Community Association Bonnie Auldridge Katrina Osterberg Ron Rowell John Van Keulen Mary Wattanbarger Desert Braemar, Inc. Susan Fagan sfagan@uoregon.edu Desert Braemer, Inc. Bonnie Meunch bkmuench@live.com Gary Osborn Desert Braemar, Inc. gowizard74@gmail.com Desert Horizons Owners Association Chuck Baer Richard Biagi Lee Clancey Dick Frankel David McFarland Kathy Simmons Steven Wall Indian Canyon Gardens Homeowners Association Dorothy Hedd Leona McCabe Sunwest Villas HOA Ray Smith Will Wills wills631@roadrunner.com Trilogy at La Quinta Maintenance Association jlkelly411@msn.com John Kelly RENEWING NATIONAL MEMBERS Brendan Concannon Mutual of Omaha Bank 619-961-6346 brendan.concannon@ mutualofomahabank.com facebook.com/CAICV twitter.com/CAI_CV 9 Feature Feature Bruges to Berlin, and All the Beer in Between here in the States. Fields as far as your eyes can see every color of the rainbow. The photo here was one of hundreds of tulip fields that we saw that day. Finally, at the end of a very long day, we approached Amsterdam. I have one word of advice about driving in Amsterdam—don’t! After what appeared to be hours, but wasn’t, we arrived at our hotel and I had to lug suitcases, hers and mine, up three flights of stairs. Another word of advice: pack light as many European hotels do not have elevators. Of course, what was the first thing we thought about? A beer of course, so we headed to a town square, have a delightful chat with young Amsterdam students, and talk about the Coachella fest. They all knew about it and some had been to it. Dutch beers are different in taste than others, I liked them. Juanita did not. Next day was spent at the Van Gogh (pronounced goff, not go) Art Museum, the Anne Frank Museum (very moving), and a short (very short) visit to the red light district of Amsterdam. Highly overrated in our opinion. Then it was off to the most spectacular part of the Netherlands, the Keukenhof Gardens pictured here (www.keukenhof.nl). Every year they plant over seven million tulip, hyacinth and daffodil (and other flower) bulbs in flower displays that literally take your breath away. If you love flowers, Keukenhof must be on your bucket list. By Phyllis Harkins, Palm Desert Country Club Association H ow often in life we hear the expression, “It’s not the destination, it’s the journey”. In my lifetime I’ve had many opportunities to share both the destination and the journey in my travels. Europe is always on my bucket list, and this article tells the story of one memorable trip a few years ago with my dear friend Juanita. This trip began with our arrival in Frankfurt, Germany, after an interminable overnight flight from Dallas. I’ve always found it best to plow through the first day even if exhausted with the time change. So off we went to the expressway from Frankfurt to Bruges, Belgium. About midway through the four hour trip, we found ourselves parked on a twelve lane expressway, literally parked due to a massive traffic accident ahead. So there were two American women, exhausted, sleeping in their rental 10 Quorum June, 2014 car, with the windows rolled down, and feeling very safe parked between two large trucks. Finally, with French words that we didn’t understand, and a toot of the horn by one of the truck drivers, we awakened from our three hour nap and headed into Bruges, the city of canals, otherwise known as the Venice of Northern Europe. After checking into a lovely hotel on a canal, off we went to the town square for beers and pomme frites (otherwise known as french fries). As shown by the photo of the square, houses there have “steps” on the rooftops. The more steps in the house, the wealthier the owner. After two wonderful days in Bruges, taking canal trips, exploring the many shops with fabulous Belgian chocolates, lace and tapestries, and walking the cobblestone streets, we left on a rainy Sunday morning for Amsterdam. As we were driving, (or more accurately to say, I was driving—all 1,500 miles of this adventure), Juanita decides that she wants to see a windmill up close and personal. So we drove until we found a large group of them and walked through and around them in the rain. Back in the car, and off we go in search of tulips. Until this trip, I had no idea how many thousands of types and colors of tulips exist. Many of them we never see CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 11 Feature • • • • • Next stop was Germany, so off we went, stopping at many cities along the way in search of that city’s local beer. The photo showing the field of yellow is a mustard field, one of thousands all across Germany. Germans do like their mustard, and grow most of the seed for the world. Almost every town in Germany has a local brewery, and it’s interesting to chat with tavern employees about their cities brewery; they are proud of them. My personal favorite is the dark beers; Juanita preferred the ales, so we kept the local economies humming as we traveled across Germany, heading to Berlin. This was our first trip across Northern Germany, and it was fascinating to be able to compare the infrastructures of Northern and Southern Germany. We especially noticed the huge differrences as we entered what previously was East Germany under the Communist rule. Almost a night and day difference in the factories, houses, highways and cities. One treat for us in our travels was to visit the local grocery stores. How different, yet similar they are to American stores. Much smaller, for certain, and not nearly the selection of any food category. So after two days on the road in Germany, we headed towards Berlin, our final destination. Now remember that I’ve been doing all the driving on this trip, in a stick shift foreign something car; they have odd names for their cars there; you don’t see Chevys or Fords. So now we are driving into Berlin on the Kaiserstrasse, 16 lane (or more) wide street, with parking on both sides and in the middle, in search of the Brandenburg Gate. And while I’m driving I’m also reading the map, because Juanita cannot read a map and our rental GPS decided to not work on this trip. Another word of advice, always have a backup plan; in this case, paper maps. What memories I have of that drive, it’s a good thing that I don’t understand German as I’m sure I would not want to have known what the people were saying to me. Finally we arrive at the iconic Brandenburg Gate, the symbol of freedom for many thousands of Germans. Now it’s a tourist spot; up to the late eighties, it meant freedom to East Berlin residents. There is still one section of the Berlin Wall (pictured here) that remains; unfortunately it has been marred by graffiti. Graffiti is a huge problem throughout Europe; I was always amazed at how much I would see on my trips. When the Wall was taken down in the late eighties, bricks were installed in the place where the Wall was. So you can “walk the Wall” by following the bricks throughout the city. It was sad to think about how families were separated by the Wall, right down the middle of a street. There is a museum at the Checkpoint Charlie gate (pictured) and it tells hundreds of stories of people who were and were not able to escape the communist side of Berlin. A boat ride on the Spree River in Berlin will also show you the West and the East sides of Berlin. And it will provide you with an impressive view of the Reichstag, the former seat of government for Germany. Yes, there was beer in Berlin and fabulous white asparagus. White asparagus is a delicacy in Germany and we just happened to be there when it was available. Interestingly when people think of German food, they think of beef and pork dishes. Germans are known for their fish. And their sauces, some of the best. So we left Berlin, full of beer, great food and memories too many to count. And I’m now so grateful for those memories. As I began this article in late April, I chatted with Juanita, and told her she had the final say on it. Sadly to say, I lost my friend in mid-May to a brief but severe illness. I know she is proud of this story. I will miss my traveling buddy. So get going, start checking off your bucket list items. Don’t worry about language issues in Europe, with a common phrase dictionary, and lots of respect toward the Europeans, you will do just fine, and create your lifetime memories. Auf Wiedersehen! Landscape Maintenance Tree Care Enhancement & Construction Water Conservation 24 Hr Emergency Service 760.343.1433 72265 Manufacturing Road • Thousand Palms, CA 92276 www.conservelandcare.com License No. 958748 www.securitas.com/us/en Phyllis Harkins is the Association Manager for Palm Desert Country Club Association. You can contact her at (760) 345-2331, or by email at Phyllis@pdcca.com. Securitas Security Services USA, Inc. For more information on how we can exceed your expectations, contact Kaitlin Bohigian, Palm Desert Branch Manager at (760) 779-0728. CAI-CVad.indd 1 12 Quorum June, 2014 CoachellaValleyCAI.org 11/29/12 2:02 PM facebook.com/CAICV twitter.com/CAI_CV 13 Feature Feature Board Members: Why Serve? By Stephen Grane – Alante Insurance Programs I was asked by Quorum Magazine to write an article regarding insurance and I ended up writing this article. After attending hundreds of board meetings, just why do Board Members serve on a Board? Board Members would tell me they wish more homeowners would be interested in serving on the Board so they could have a better understanding on how insurance works and the necessity of understanding what needs to be covered and why. I went out and interviewed two current Board Members and one former Board Member from different sized communities and different areas in the State of California. The first Board member: Clark McDonald of Blossom Hills Estates II in the San Jose area of California with 344 condominium units. Clark has served on the Board for 23 years; being President for 10 years and treasure for the balance of these years. The second Board Member: Ellie Monroe (Ret.) of La Terraza HOA in Yorba Linda, CA with 136 townhome units. Ellie served on the Board for three years and served as President during those years. The third Board Member: Mike Watson of New Providence HOA in San Clemente, CA with 225 units. Mike is serving as Board President this year. I will be using each Board Members’ initials when responding to answers. Why be a Board Member? EM = Our homes are generally the largest investment that we will make. The financial health of the association will impact our property value greatly. 14 Quorum June, 2014 I think it is wise to be involved in protecting the value of our properties through membership on the board. Good, sound financial decisions in our operational cost and investments are a key in accomplishing that goal. CM = Two reasons: First, at some point in your life, you need to give back to your community and by doing volunteer work in serving as a board member is one of the best ways to do that. Secondly, if you live in an HOA, serving on the board is a great way to bring positive change in the place where you live. MW = I am now retired and have the time to give the position as a board member the attention it needs. I feel that business experience would be a good asset in helping manage the financial aspects of the HOA. Is being a Board Member worth all the work? EM = The majority of the time I have found that being an active board member has been worth all the work. There have been moments that I have asked that question myself. Overall, I feel that I have served an important function in my community. CM = Yes and No. It is when you see the fruits of your labor benefit the HOA in a positive fashion and member’s thank you for your efforts. MW = At times you have to wonder, but without the hard work of the volunteer members the community would suffer in many ways. It is rewarding to see the well maintained landscaping and great curb appeal we have. What was the biggest challenge you faced as a board member and how did you resolve it? EM = The biggest challenge for me was facing a recall just as I had gotten selected to the board. There was tremendous division in the community at that time, as a result of two different philosophies within the board. When I was selected on the board via recall, the biggest challenge was to find a means of bringing cohesiveness back to the community. When I became President, my philosophy was that the best solution was not to engage in any of the negativity and to keep a diplomatic open mind in making decisions. CM = Normally the biggest challenges are about money. When I first got on the board there were no reserves. The first thing I did was renegotiate the laundry machines contract to get an upfront signing bonus. This was the start of our reserves. I try to operate on the premise there will be no special assessments, so I build contingencies into the budget and I am up front and communicate with my community members. Over the long term I think this is the best, but it can create short term problems such as year to year dues going up more than members like. MW = A near panic situation was when a community member feared their house would slide into the canyon below. We quickly hired respected professionals to analyze the situation and give assurances to the homeowners that they were not at risk. What is the most difficult aspect of your work as a board member? EM = The most difficult aspect of my work as a board member has been with our vendors. When vendors are not performing it becomes a challenge for the board to remedy the issues. It takes a good deal of communication and patience to make these relationships work. A good example of that is when we need an answer regarding insurance and you respond back to us right away. CM = Mostly, it’s dealing with members that don’t believe the rules apply to them. They never receive any information mailed to them, they believe they and they alone are being singled out for rules violations and they complain about everything, but do not have time to help. MW = Dealing with members who choose to ignore the CC&R’s and do as they please. It is an emotional drain on the Board and a financial drain on the other homeowners. What are some of the things that make all of the work you do worthwhile? EM = When I see that projects are completed. It is very rewarding to see the results of the various projects the board pondered over and taken hours to carefully make an important decision. Knowing that these investments are adding to the curb appeal of our community is satisfying. CM = People and/or organizations will respond if they see others making an effort. With our Neighborhood Watch Program, San Jose Police LT has taken a special interest in our HOA and has helped us keep the crime down. Seeing the local police take an interest like this makes a lot of work worthwhile. MW = The positive recognition that does come along from time to time. Most people do realize it is a volunteer position and comes with little thanks. What is the most rewarding part of being a board member? EM = I enjoy watching committee members grow in their roles as they take action in decision making for their community. It has been great treat for me to meet many of my neighbors. CM = Having members, even some you’ve disagreed with, come up to you and say they really trust you, thank you for taking care of their money and are appreciative of your time. MW = Receiving a simple thank you from a neighbor is very rewarding. Do you think there should be term limits for board members? EM = I believe that there should be term limits for board members. I’m not sure what the limits should be. One or two terms that way the mix should change as the community membership changes CM = Normally, I’d say yes to this, but in my experience, there is a great CoachellaValleyCAI.org deal of apathy in HOA’s and it is hard to get qualified members to serve. So, in many cases, this could be wind up being counterproductive. MW = Yes I do, but with so few people interested in serving I fear there would be empty seats on the Board if that were adopted and strictly enforced. I want to thank each of these dedicated past and present Board Members for taking the time to share their experiences with Quorum Magazine. As an Insurance Broker it is wonderful to work with board members such as the ones you have heard from in this article. The main reason they are volunteering their time is because they have a strong desire to improve their community. My advice to board members is to make sure you know what is covered in your Directors and Officers policy. If you as a board member are doing any work around the association’s property make sure you have a Workers Compensation policy in place as well. This is a very inexpensive policy but will save you a headache if someone should get hurt. Stephen S. Grane, is a Broker for Alante Insurance Programs Specializing insuring Homeowners Associations for over 30 years, with over 20 years in the Coachella Valley. You can reach Stephen at 949-679-7131, cell #714-336-7500, or steveg@mcsins.com Receiving a simple thank you from a neighbor is very rewarding. facebook.com/CAICV twitter.com/CAI_CV 15 Homeowners Association Law Short Term Rental Restrictions – Tips on Gathering the Evidence By Margaret “Gen” Wangler, Esq. CCAL Many associations have restrictions on short term leasing in order to avoid the noise, traffic and party atmosphere that typically comes with vacationers visiting our valley for a week or weekend. But it is a struggle to enforce them, especially in April, when the Coachella and Stagecoach festivals take place. Ideally, governing documents that restrict short term leasing will include or authorize rules that assist in enforcement. Many associations require all leases to be in writing, require owners to provide copies of those leases to the association, and require owners to provide identifying information about their tenants. 16 Quorum June, 2014 A fine schedule with fines high enough to discourage owners from merely treating fines as a “cost of doing business” can be an effective tool. Of course, courts require that fines be “reasonable,” but a fine that is related to the rental amount that an owner can command would probably be viewed favorably. When considering appropriate penalties, consider that the City of Indian Wells recently imposed a moratorium on short term rentals and imposed fines of $2,000.00, $3,000.00 and $5,000.00 for first, second, and third violations of that moratorium, respectively. But before you can impose discipline, you need to have evidence of the violation. If you suspect an owner is renting to short term tenants, try to find out as much as you can about the rental activity before notifying the owner of your suspicions. Once an owner knows he is being watched, he may hide his activity much more carefully by instructing tenants to pretend they are his friends or family, by changing the language of online ads, or even by falsifying lease agreements. Start your investigation by looking for online ads with Google searches of the association’s name, the owner’s name, the address of the property, the owner’s email address, and the owner’s phone number. Search Facebook and Twitter for all identifying information about the owner. If the owner has a unique username for his email address, search that same username on social media. Allow your search results to prompt additional searches for online ads. Search vacation rental websites like vrbo.com, homeaway.com, airbnb. com, craigslist.org, and flipkey.com. Many of these websites have a map that allows you to zoom in to your community, but they do not include properties with addresses that are not listed in the ad. Pictures of a swimming pool or other outdoor structure can help identify the property. Once you find one ad, search for more by quoting the exact language of the description of the advertised property. The owner probably repeated the same description on multiple websites. Ads often include a wealth of information about an owner’s rental “Search Facebook and Twitter for all identifying information about the owner. If the owner has a unique username for his email address, search that same username on social media.” activity, like a calendar of available dates showing that a property is repeatedly unavailable for short periods of time. They often state that the minimum stay is less than what is permitted in the CC&Rs. They might even include evidence of the financial relationship between the owner and tenant, proving that an occupant was not just a friend who stayed for free. Once you have established a pattern of violations, you may have enough information hold hearings to fine the owner or suspend membership privileges, or even to pursue litigation. Do not be too concerned with proving each violation beyond a shadow of a doubt. Recently an owner told a board that her guests were just friends visiting from out of town and that she did not charge them rent. One of those “friends” later posted a scathing online review of the property. That did not sound like something a friend would do. Neither did it absolutely prove the violation. But, when CoachellaValleyCAI.org combined with other circumstantial evidence, it helped build a case that the owner engaged in a repeated pattern of violations. Don’t worry if you never find the “smoking gun.” If an owner advertises his property for short term tenancies, a judge is unlikely to believe his claims that his 30-day tenants left early after arriving on the first day of Coachella, and that the guests who arrived on the first day of Stagecoach were just the owner’s friends visiting from out of town. Remember, when a judge puts on his robe and walks into a courtroom, he does not check his common sense at the door. Margaret G. “Gen” Wangler, Esq., is a senior shareholder of Fiore Racobs & Powers, which devotes its practice to the representation of community associations. She can be reached at 760-776-6511, or at gwangler@fiorelaw.com. facebook.com/CAICV twitter.com/CAI_CV 17 CAI National Put your best foot forward with a security company that walks the walk. AMS Security is not only the largest Gate Access Systems Community Management Software fully integrated security company in the Coachella Valley, but the best. Camera Surveillance Systems Gate Repair & Installation 24/7 UL Monitoring 74-794 42nd Ave. Suite 1 Palm Desert, California Lic# 944895 ACO 6917 760.341.3593 AMSprotectme.com Safe Summer Fun From CAI National The National Center for Missing & Exploited Children recommends that parents and guardians take action to keep their children safe during both structured and unstructured summer activities. The first step is to talk to your children. Kids need to know: • Neighborhood boundaries and whose homes they may visit. • Whom to call and where to go in an emergency. MEET A BANK WITH 20 YEARS IN THE NEIGHBORHOOD. 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’s capabilities make it easier to control your daily financial operations. Contact us today at 866-210-2333 to learn more. HOAbankers.com Smartstreet.com • Their full name, address and telephone number. • To keep doors locked and not open the door if they are home alone. • Not to approach a vehicle or accept a ride from anyone without your permission. • To avoid pools and other bodies of water without adult supervision. • Their curfew, and to call you if they will be late. Parents also should remember to: • Supervise children at malls, movies, arcades and parks. • Choose and screen babysitters with care. • Investigate day care centers and recreational camps thoroughly before enrolling your children. • Always listen to your children. ©2014 Union Bank, N.A. All rights reserved. Member FDIC. Smartstreet is a registered mark of Union Bank, N.A. 18 Quorum June, 2014 For more information, visit The National Center for Missing & Exploited Children’s website at www.ncmec.org. CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 19 Chapter Events Chapter Events Grand Prize Sponsors Flood Response and Armstrong Growers Tee Booth Sponsors AMS Paving Asphalt MDs Desert Resort Management Empire Works Flood Response Har-Bro Hort Tech Landscaping Jessup Auto Center Lloyds Pest Control NPG/Nelson Paving and Sealing SBS Lien Services Serv Pro United Paving Vista Paint Western Pacific Roofing Foursome Photo Sponsor CBCI Construction Trophy Sponsor NPG/Nelson Paving and Sealing Ball Sponsor Universal Protection Services Water Bottle Sponsor Blue Sky Landscape Closest to the Pin SponsorWomen Desert Resort Management Closest to the Pin Sponsor-Men 1 Stop Pool Pros Longest Drive Sponsor-Women Vista Paint Longest Drive Sponsor-Men Pacific Western Bank Green Signage Sponsors AMS Paving Epsten Grinnell & Howell Fiore Racobs & Powers Breakfast and Lunch Sponsors Law Office of Peggy Redmon Peters & Freedman Universal Protection Services Vintage Landscape Vista Paint 20 Quorum June, 2014 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 21 1 # Paving Company in the Valley! Honesty, Integrity, Quality Water Wise New State Rule Will Be Costly for Coachella Valley By Jim Barrett, General Manager, Coachella Valley Water District T Our Services: • Asphalt Repair, Patching & Crackfill • Asphalt Removal & Replacement • Grading and New Paving • Overlays and Fabric Overlays • All types of Slurry Seals, Pavement Coatings and Striping valley. Unfortunately, this could mean bill increases for he California Department of Public Health in April CVWD customers of about $50 a month per household. announced a new regulation for chromium-6 at 10 Our elected board of directors will have to decide how parts per billion (ppb). About half of the Coachella Valley best to fund the needed improvements and implement Water District’s wells are impacted by the new regulation of chromium-6, which is a mineral that occurs naturally in por- gradual rate increases. Customers always have an opportunity to be involved in the distions of the valley’s aquifer, trict’s rate increase process, the source of our drinking The Coachella Valley will be one of the and will be notified before water. Chromium-6 poses no most financially impacted areas in the increases are considered. The new regulation level, immediate health risks. The state as a result of this regulation, the equal to about 10 drops in state is regulating chromium-6 because of potential first of its type in the nation. While studies 10,000 gallons, is expected to go into effect on July 1. long-term health concerns are still under way, complying with this CVWD is working with state based on high doses. You can continue to drink, cook regulation is expected to require the most and local representatives on legislation that would with and use your tap water costly public works project in the history provide a reasonable amount as our team identifies and of time to build the needed implements the most effiof the valley. Unfortunately, this could infrastructure. It is possible cient, cost-effective compliance plan. Your tap water has mean bill increases for CVWD customers that if a compliance period is not granted, for the very always complied with the of about $50 a month per household. first time CVWD will have state standard for all forms of to notify customers that our chromium at 50 ppb and the drinking water does not meet all regulations. We federal standard at 100 ppb. encourage you to reach out to your representatives If you would like more information about the and let them know your opinions on this presshealth risks, the Cal EPA office of Environmental ing issue, as we work diligently to comply with this Health Hazard Assessment website is at oehha.org/ regulation. public_info/facts/Cr6facts072711.html. CVWD also I encourage you to get engaged in the process. has compiled an up-to-date resource center for our As regulations evolve, CVWD will continue to meet customers at www.cvwd.org/cr6. all new standards set by the state and federal govThe Coachella Valley will be one of the most ernment. We will continue to keep our customers financially impacted areas in the state as a result informed about these regulations and their impacts. of this regulation, the first of its type in the nation. While studies are still under way, complying with Jim Barrett is the General Manager of the this regulation is expected to require the most Coachella Valley Water District. He can be costly public works project in the history of the reached at jim@cvwd.org or (760) 398-2651. Serving all of Southern California Since 1981 amspaving.com License #415436 22 Quorum June, 2014 760-327-0800 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 23 Technology Today Electronic Cigarettes, What’s The Harm? But how does it affect you, your clients and HOA homeowners in general? By John Walters-Clark, NPG/Nelson Paving & Sealing T his seems to be the million dollar question, what’s the harm with using e-cigarettes? We all know by now that tobacco use is the leading cause of cancer and heart disease. We’ve all be taught over the last 45 years or so how detrimental smoking is and how harmful second hand smoke is. We pretty much get that. Anti-smoking laws have been in full force for years. But what about this relatively new phenomenon called e-cigarettes? I recently reached out to the FDA and asked them what the future holds for e-cigarettes and are they as dangerous as people are starting say? This is what they had to say. “Electronic cigarettes are battery-operated products that turn nicotine, which is highly addictive, and/or other chemicals into a vapor that is inhaled by the user. The FDA regulates electronic cigarettes that are marketed for therapeutic purposes as drugs or devices. The FDA intends to propose a regulation that would extend the agency’s ‘tobacco product‘ authorities -- which currently only apply to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco -- to other categories of tobacco products that meet the statutory definition of “tobacco product.” Further research is needed to assess the potential public health benefits and risks of electronic cigarettes and other novel tobacco products.” I was still left to wonder what the issue was. I know people that still choose to smoke and I now how hard it is to 24 Quorum June, 2014 “Just recently the State of Utah, the cities of Carlsbad, Los Angeles and Chicago have banned e-cigarettes in public places, putting into effect laws that mirror conventional anti-smoking laws.” quit if you so choose. I also know people who have all but kicked the habit of conventional smokes and have turned to e-cigs. Just recently the State of Utah, the cities of Carlsbad, Los Angeles and Chicago have banned e-cigarettes in public places, putting into effect laws that mirror conventional anti-smoking laws. The FDA is poised to regulate e-cigarettes and other “vaping” devices for the first time, potentially reshaping an industry that generates roughly $2 billion a year in the United States. Some industry analysts see e-vapor consumption out pacing that of traditional cigarettes. Dr. Priscilla Callahan-Lyon of the FDA’s Center for Tobacco Products wrote in a recent medical journal article: “Contradictory findings from preliminary studies have become ammunition in the lobbying campaign around the devices, which allow users to inhale nicotine without the damaging tar produced by conventional cigarettes.” Public health officials have said the devices may encourage nonsmokers, particularly young people, to try conventional cigarettes. E-cigarette advocates have argued that they provide a safer alternative for smokers. The FDA has sponsored research to try to answer safety questions, and it is examining its database of adverse events for any trends that might raise concerns. I recently reached out to Laurie Poole, Esq., of Peters & Freedman, LLP, and asked her opinion as to where she sees the issue of e-cigarettes as it pertains to HOA law: “Banning traditional tobacco and marijuana cigarettes in homeowners associations has been a hot issue for the past several years. Many associations have considered such bans due to health concerns, as there is reliable data concerning adverse health risks in exposure to secondhand smoke. The other main reason associations have addressed this issue is due to nuisance complaints from those who are exposed to secondhand smoke. Advocates in favor of e-cigarettes claim that they do not have the same health and nuisance issues as traditional cigarettes. However, the governmental entities that have banned e-cigarettes cite concerns that the use of e-cigs in locations where other types of cigarettes, pipes and cigars are prohibited could cause confusion, uncertainty and make it more difficult to enforce bans on smoking. Other reasons are health issues, the desire to promote a smoke-free environment and concerns that e-cigs may serve as an introduction to smoking to younger consumers due to the added colors and candy-like flavoring. Due to the lack of medical data, associations will need to balance the competing information, pay attention to future research, and determine whether e-cigs are a safer, inoffensive alternative that will cause less resident complaints than traditional cigarettes.” John Walters-Clark is Business Development, Desert Division for NPG/ Nelson Paving & Sealing and can be reached at (760) 822-3258 or by email at jwalters.clark@npgasphalt.com A Full Service lAw Firm Providing Practical Approaches in: CC&R Interpretation, Drafting and Enforcement Opinion Letters Contract Drafting and Negotiation Civil Litigation Assessment Recovery 73-710 Fred Waring Drive, Suite 120, Palm Desert, California 92260 For inquires contact Jeffrey French www.gbflawyers.com | 760.346.9310 HOA Banking Seacoast Commerce Bank offers a full range of comprehensive banking and financial services for Homeowner Associations and Property Management Companies. HOA BANKING sOlutIONs •Depository Services Seacoast Commerce Bank provides our Property Management and Homeowner Association clients the ability to maximize their use of bank services. We understand the unique Banking needs of our Property Management and Association clients, providing industry specific products and customer service that you have grown to expect and deserve. KeN CArterON Senior Vice President HOA Banking Division 760-803-9541 Mobile 858-312-7022 Fax kcarteron@sccombank.com CoachellaValleyCAI.org •Cash Management •Remote Deposit Capture •Lockbox Services •ACH Origination •HOA Financing •Online Dues Program tOm CHeeK Vice President Business Development Officer 760-550-2030 Mobile 858-312-7060 Fax tcheek@sccombank.com facebook.com/CAICV twitter.com/CAI_CV 25 Feature Patio Furniture Doctors Inc. “REFINISHING SPECIALISTS” Five of the Best Trails Around Our Valley…For Your Body and Mind 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! We can create a new look with your existing patio furniture for about 1/2 the cost of new! We are your only locally owned and operated state of the art Please call me any time for your free on-site furniture assessment. I am always in your neighborhood. Owner/Operator Bill Richardson BEST PRICES, QUALITY & SERVICE We can meet or beat any professionally written quote. patiofurnituredoctors@gmail.com P SucceSS Knowledge integrity commitm nt (760) 272-4012 e BlueSkyLandscpe7@aol.com our mission commitm nt Knowledge. Integrity. Commitment. Success. For more than 27 years, Epsten Grinnell & Howell has been a recognized leader in community association law throughout Southern California. We are a leader in our field for a reason. We work hard to earn our reputation and believe each day is another opportunity to solidify it. By preserving our founding mission of knowledge, integrity, commitment and success, we strive to be an entity that garners the admiration of not only our clients, but also that of our business associates, suppliers and our more than sixty employees. SucceSS integrity commitment integrity 26 QAC #92033 Call uS today for a free eStimate! (760) 328-8999 integrity Knowledge Lic. # C27-892720 Call us today ... your association’s success and ours go hand and hand. Knowledge SM SucceSS Quorum June, 2014 800.300.1704 l www.epsten.com San Diego Coachella Valley Inland Empire 10200 Willow Creek Rd., Suite 100 San Diego, California 92131 858.527.0111 • fax 858.527.1531 74830 Highway 111, Suite 100 Indian Wells, California 92210 760.836.1036 • fax 760.836.1040 43460 Ridge Park Dr., Suite 200 Temecula, California 92590 951.461.1181 • fax 858.527.1531 By Charles Walters-Clark, Management Trust D enver can almost compete. Seattle and Portland try, but fall short. Nowhere in the lower 48 can you find more hiking trails (more than 140) within the 60-mile-plus radius of Palm Springs. And nowhere in such a concentrated area will you find the diversity of topography and flora. With elevations of 11,000 feet to below sea level, this desert resort area is fast becoming one of the country’s pre-eminent hiking destinations. Legislation has created one of California’s great scenic state parks, Mount San Jacinto, along with Joshua Tree National Park, the Santa Rosa & San Jacinto Mountains National Monument, and the scenic nature preserves of the Coachella Valley: Whitewater Canyon and Big Morongo Canyon. In addition, the Agua Caliente Reservation offers the Indian Canyons in Palm Springs. Then there is the world famous Palm Springs area weather: Where else from November to April can you hike beneath sunny skies with an average 78-degree temperature? As temps rise on the desert floor, hikers seek the high country, making this a year-round destination for hikers to refresh themselves physically and spiritually. The following hiking trails represent just a sampling of what the Palm Springs area has to offer and if you’re vacationing in our beautiful valley or live here full or part-time, you don’t have to drive very far to enjoy…... CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 27 Feature Feature 1. Palm Canyon Trail to the Stone Pools (Palm Springs Indian Canyons) Length: 6 miles Hiking Time: 3 hours 2 Elevation Gain: 880 feet Difficulty: Moderate This trail takes you through the lush jungle-like river bottom of Palm Canyon and out to backcountry High Desert plateaus, where the entire horizon seems to open up. Looking 14 miles south toward the distant Santa Rosa Mountains, the trail is surrounded by the San Jacinto mountains, which soar dramatically from the canyon floor. Stunning views of the desert and Palm Springs appear to your rear, followed by a series of magnificent plunging cliffs, waterfalls, and exotic pools fed by clear, shimmering ribbons of water racing through the rock gorges. 2. The Araby Trail Beginning Elevation 400 Elevation Gain 800’ This trail gives the hiker great views of the Coachella Valley, and you get to hike right past Bob Hope’s house!! It is a fairly easy hike from the start at the Rimcrest/Southridge gate to Bob Hope’s house. You can forget about buying one of those postcards of Bob Hope’s house, instead send your friends one that you took while hiking right next to it! After you hike up the Araby past Bob Hope’s house, you can continue up the trail for access to the Berns, Garstin and Henderson Trails. Like any of the other trails in the area, even in mild temperature conditions you will need plenty of water. Be sure to bring some snacks to enjoy once you reach the top of the trail. There are no picnic tables, but there are plenty of rocks to sit on and enjoy the view of the Coachella Valley while you take a well-deserved lunch break. The Araby trail can be accessed either at the entrance to the Rimcrest/Southridge development (that’s where Bob Hope’s house is), or via the Berns, Henderson and Garstin Trails. If starting from the Rimcrest/Southridge road, the trail can be found on the left (east) side of the road, before you get to the guard gate. Park in the dirt on the right side of the road immediately after turning onto the Rimcrest/Southridge road. 3. The Rancho Mirage “Bump-n-Grind” Trail Length 2 Miles Elevation 250’ – 1000’ Moderate to Strenuous 1 28 Quorum June, 2014 Quickly becoming one of the Coachella Valley’s most popular trails, this trail is actually known by several different names, including the Desert Drive Trail, Patton Trail (some people say 3 it was built by General Patton’s troops, Desert Mirage Trail, and the ever-popular Dog Poop Trail (plastic bags and a trash receptacle were made available at the beginning of the trail for animal waste). Please keep in mind Palm Desert has amended its trail-use ordinance, legally prohibiting all but service dogs from most Palm Desert trails. The official reason dogs have been banned is to preserve habitat that is home to a number of endangered and protected species, in particular the Peninsular bighorn sheep. After starting out as a narrow trail at the bottom, it joins a wider road that leads up from the valley floor to a vantage point that gives the hiker a nice view of Palm Desert, Rancho Mirage and the Coachella Valley. While the Bumpn-Grind doesn’t give the hiker an experience of solitude like they will get hiking some of the other Coachella Valley trails, it is a great cardio workout for hikers and for those who just want to get in shape. It is also a good trail to hike during the summer months because it is a wide trail that makes it easier to see and avoid the rattlesnakes that are out and about during the scorching summer weather. The trail is not considered to be an “official” trail, and does cross private property in some areas, so only use the official trailhead to access the trail. The access point for this trail is located on Painters Path behind the Target store in Palm Desert. The City of Rancho Mirage is restricting entrance to the Bump and Grind from the other older trailheads located in residential areas, so do not use them. 5 4 4. Palm Springs Museum Trail 1.5 Miles Elevation: 520’ - 850’ To reach this trail, go to the corner of the Palm Springs Art Museum’s north parking lot. The Museum Trail rises above the city of Palm Springs, and offers spectacular views of Palm Springs and the Coachella Valley. From the parking lot at the museum, to the top of the trail is a good, hard, uphill hike. When you finally reach the picnic tables at the top you will be ready for a rest. 5. The North Lykken Trail The North Lykken Trail can be accessed from the west end of Ramon Road. Follow Ramon Road till it ends at the mountain, and you will see the trailhead off to the right. Park on the side street off Ramon Road. The trail will lead you about a mile and a half where you will find the picnic tables that are also accessible from the Museum Trail leading from the Palm Springs Museum. It is a moderately strenuous hike, but the views of Palm Springs and Tahquitz Canyon make it worthwhile. In closing, please remember to take plenty of water and a few light, healthy snacks with you before you begin your local adventure. Be safe, have fun and respect our beautiful environment. Charles Walters-Clark, CCAM, has been in the HOA industry for 10 years with the Management Trust, Monarch Group Division. He currently manages 10 homeowners associations, from Palm Springs to Palm Desert, comprised of over 600 homes. He has been a certified manager since 2006. Charles has served on several CAI-CV committees throughout the years. Favorite things to do are bowling and working out; quirky thing that people wouldn’t know is that he likes to do cartoon voiceovers. CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 29 Chapter Events W hat an educational awakening to the world of homeowners’ associations I received when attending the recent volunteer program “Essentials of Community Association Leadership” held April 11, 2014 at Palm Valley Country Club. Volunteering to serve my community as a board member on our HOA has led me to more fully understand what it takes to operate and maintain a homeowners’ association. Experiencing a baptism-by-fire initiation meant listening closely and making important decisions right off the bat from the first board meeting I attended and all the meetings since. Like the saying goes, “Getting old isn’t for sissies”. The same holds true for serving on a HOA board – it isn’t for sissies. It takes more than interest. It is also a necessity to know how a HOA operates. Our HOA board is fortunate to have a manager who informs and advises us prior to our making important decisions. Observing our manager’s effective communication skills has been paramount. One needs How “Essential” is the Essentials of Community Association Leadership Program By Luanne K. Fitton, Director, Palm Desert Country Club Association 30 Quorum June, 2014 Community Association Leadership Some homeowners are not aware they are even in a HOA, don’t understand why it exists, or think it is a waste of time and money. to be firm yet friendly with our fellow homeowners who have an issue that we must endeavor to resolve with finesse each and every time. For me, it was time to get a closer look. The manager keeps the board advised of the HOA’s financial and legal issues, communicates and problem-solves with our homeowners, attorneys, and a multitude of other vendors. The manager has a thorough knowledge of our CC&R’s. Discovering how a HOA is established by the developer, forming an ad hoc committee before a full board is established; appointing officers and committees; and learning what the board’s responsibilities are to protect our community is what I learned and wish all our homeowners should know. Some homeowners are not aware they are even in a HOA, don’t understand why it exists, or think it is a waste of time and money. Homeowners would do well to learn how their lifestyles are protected and their community preserved by their HOA. While I leave the area of finance to those more proficient with numbers, it is still important to understand how a HOA operates financially within the state laws. That we are a non-profit organization binds us to the laws that govern how we can utilize our assessments. In problem-solving, how best can we communicate a necessity and for what amount, if applicable? “Educate, not advocate.” Words that were spoken by attorney Mary Howell. Urge homeowners to vote to pass their CC&Rs – probably the most challenging task confronting a board. There is more information to assimilate before I understand well enough the invaluable information the speakers imparted at this program. This is just the beginning. I thank our HOA board for allowing me this opportunity to attend the volunteer program. Luanne K. Fitton is a volunteer board director for the Palm Desert Country Club Homeowners’ Association. She chairs the Community Improvement Committee. Ms. Fitton has been a resident of Palm Desert Country Club since 1994. Prior to her relocation to Palm Desert, she worked for the Ernest W. Hahn Co. in San Diego in the Property Management and Leasing Divisions. CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 31 Feature Most diet foods register as little or zero calories but still cause a spike in insulin levels, which causes the body to store fat. So, Your Isn’t Working? By Nicole Ortiz, ND 5. You think happy hour doesn’t count because you are eating small portions. It is easy to underestimate the metabolic changes that occur after a drink (or two), especially when you are rationalizing the money saved from the happy hour discount. Add a small plate of fried food and you have just sent your metabolism reeling into a tailspin before dinner has even started. 6. You’re stressed and have been for years. I am writing yet another weight loss article, not because I want to tell you about the latest diet trends, but actually to illuminate the opposite perspective. I want to explain why your diet isn’t working. This article is intended to help you understand why – despite your dedication, perseverance, and sweat – those pounds of fat keep sticking to you like glue. The statement that is repeated DAILY in my office goes something like, “I just don’t understand why I cannot lose weight even with all the hard work I do.” My hope is that this article will shed some light on why your diet and exercise routine is failing you. 8 Reasons Why You Can’t Win the Battle of the Bulge: 1. You love the treadmill and are afraid that weights will make you bulky. Long cardio sessions (45+ minutes) can actually work against your weight loss efforts. The prolonged cardio burn is the same as a prolonged stress response, increasing the production and utilization of cortisol in your body. In the long-term, this response promotes insulin resistance and the loss of muscle, not fat. A better option? HIIT, or High Intensity Interval Training (over a shorter period of time), which is characterized by alternating between periods of high- and low-intensity activity during a workout. For example, instead of running on the treadmill at a moderate pace for 30 minutes, you could alternate between sprinting for one minute and then jogging for two minutes. There is evidence that this alternating intensity 32 Quorum June, 2014 technique maximizes fat burning. According to a study published in the Journal of American Physiology, participants who engaged in HIIT activities regularly burned greater amounts of fat and improved their overall cardiovascular fitness. HIIT may work by training the cell’s energy centers to burn fat calories before carbohydrate calories. 2. You believe eating fat will make you fat. All fat is not created equal. There is very healthy fat and very unhealthy fat, and the two should never be confused. The “bad” kind of fat consists of trans-fats, omega 6 fats, and the processed fats that are used to manufacture processed foods. Healthy fats are found in fresh, wild fish; nuts and coconut; grass fed animal meats and pasture raised eggs; avocados and olives. Eating healthy fats in lieu of sugar actually gives us sustained energy, satiation, and more burning of fat for our fuel source. 3. You think fruit is a healthy “go to” snack. Fruit is not evil, but it does break down into glucose, or sugar, in your intestine. Your body does not care if the sugar is from a healthy source or not. Its very presence causes insulin to be released, and when excess glucose is present, the insulin will direct its storage into fat. Fruit intake should be moderated, like all sweets. The best choices are antioxidant-rich berries and pitted fruits. 4. You think DIET soda doesn’t count. Most diet foods register as little or zero calories but still cause a spike in insulin levels, which causes the body to store fat. Other chemicals in diet foods, like MSG, have also been shown to induce obesity. Any type of stress, whether internal or external, causes the body to enter into a state of self-preservation. This results in altered hormone levels, especially cortisol. Prolonged stimulation of the fight or flight response results in increased fat storage in the mid-section. 7. You eat gluten-free but don’t limit your grains. As mentioned above, processed carbohydrates manipulate your blood sugar and insulin levels. Over time, your cells become insulin resistant, which makes it very difficult for your body to burn fat effectively, regardless of exercise and caloric intake. 8. You skip naps for the gym and stay up late to watch your favorite program. Lack of sleep is a constantly overlooked source of weight gain. Our sleep patterns have a significant impact on our hormone levels, in particular, cortisol and growth hormone. Disruptions in these hormones lead to weight gain by changing your metabolism, increasing cravings and your emotional relationship with food. In the end, the best way to lose weight is to adopt a balanced lifestyle. This includes eating good fats and nonprocessed, non-diet foods, moving your body regularly and effectively, obtaining adequate amounts of sleep, and finding healthy ways to manage stress. Although there is, unfortunately, no miracle diet which is true and permanent, the tips mentioned above can guide you to a healthier, fitter lifestyle which will continue even after the extra pounds melt away. 3 WAYS TO CUT YOUR WINTER WATER BILL Dr. Nicole Ortiz is the co-owner of Live Well Clinic and a Naturopathic Doctor with a focus in preventative cardiology. For more information call (760) 771.5970 or visit www.livewellclinic.org. CoachellaValleyCAI.org Turn off your sprinkler system when it rains to conserve water Adjust your irrigation controllers for the cooler winter temperatures Convert your grass to Lush & Efficient desert landscaping For more information, call Coachella Valley Water District at (760) 398-2651 or visit www.cvwd.org facebook.com/CAICV twitter.com/CAI_CV 33 By The Way Quorum Committee Vacation Memories Welcome Aboard By Fran Mullahy, Vintage Associates, Inc Writers for every topic. Christina Enriquez One of my favorite vacation memories was in 2005 when my wife Karen, our two sons Michael and Daniel, and I took an Alaskan cruise. This is a picture of all of us at the Mendenhall Glacier, which as you can see is quite spectacular! Alaska is an amazing state and I look forward to taking another cruise there with Karen next year when Michael and Daniel are both in college and we become empty nesters! - Gary Kessler, Esq., Adams Kessler PLC. When growing up, my parents always took us to Mammoth Mountain to go skiing. It had easily become my favorite vacation spot for the winter ski trips. Last year was the first time my own family was able to go up during the summertime and we were amazed at all we were able to do and enjoy. Mammoth Mountain has great camping but we were fortunate enough to stay at a wonderful condo right at the base of the mountain. We enjoyed taking our bikes on the free tram that took us to the top of the road where there were trails we could ride on and coast all the way down to the bottom. Easy enough for the beginner or the advanced riders. I would definitely recommend Mammoth Mountain for the avid hiker and biker. Our family can’t wait for the next time we get to head up to the mountains. - Rodney Bissell, Bissell Design Studios Inc. 34 Quorum June, 2014 One of my favorite vacations was our 2009 summer vacation which I call the “Ball Field and Battlefield Tour.” We planned the trip based on the interests of our family members. My older son and I are interested in baseball so we traveled to the Baseball Hall of Fame in Cooperstown NY and went to a Red Sox game at Fenway Park. My husband wanted to see Harvard Business School where his father had attended, so while we were in Boston, off to Harvard we went. My younger son is into anything dealing with war history and the military so we visited Gettysburg, Pennsylvania and Manassas, Virginia (Battle of Bull Run 1 and 2). The photo of Gettysburg taken by my younger son (11 at the time) perfectly captures the somber feeling that we all experienced while we were there – just thinking about all the lives that were lost and the sheer magnitude of the Civil War. I came away from that trip believing that every American should be required to visit Gettysburg in order to understand the sacrifices that were made to keep our country together. - Laurie S. Poole, Esq., CCAL, PETERS & FREEDMAN, L.L.P. Attorneys At Law Having worked in various industries, including real estate, Christina believes the CID industry has been one of the most challenging, but at the same time the most rewarding. Christina enjoys managing communities, but the most motivating part of her job is the wonderful people she has worked with and met over the years. In Christina’s eighteen years of working in this wonderful industry, she has had the pleasure of meeting and working with so many great managers, community leaders and business partners. She has been able to learn something from each and every one of them, which has made her experience most rewarding. Christina began her career in property management as a customer service representative, which she thoroughly enjoyed. As she became more interested and knowledgeable in the industry, she worked towards her CCAM certification in 2003. Christina’s past experiences include managing small and large scale onsite communities, as well as project management. Christina is currently managing community portfolio accounts with Desert Resort Management. In November 2013, she received her CMCA Certification and is currently working towards her goal to reach the PCAM Certification. Christina is happily married with three children and three grandchildren. Christina enjoys spending time outdoors with her family, which includes hiking, bike riding, going to the movies and baking for her grandchildren. It’s hard to believe she has grandchildren! Give our readers your unique perspective. Join the fastest-growing committee in the Chapter. Please contact the CAI-CV office to become famous and wield that pen like a sword. Come join the Quorum today! admin@cai-cv.org (760) 341-0559 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 35 go the extra mile for your clients become a cai educated business partner You go the extra mile for your business. Show your community association clients you’re willing to go the extra mile for them, too. The new Educated Business Partner distinction recognizes active CAI Business Partner members who have successfully completed Business Partner Essentials, an online course developed by CAI to help product and service providers better understand the issues and challenges faced by their association clients. Take the course, pass the test, be affiliated with an active CAI Business Partner member, and you’ll earn the CAI Educated Business Partner distinction. As an added benefit, you’ll be listed on the CAI website, where clients can see your commitment to service. Visit www.caionline.org/bpcourse, e-mail cai-info@caionline.org or call (888) 224-4321 to learn more. Advertiser Index Advertisers ACCOUNTANTS & BOOKKEEPERS MANAGEMENT COMPANIES SECURITY BRABO & CARLSEN, LLP................................ 13 Associa/DESERT RESORT ALLIED BARTON............................................. 31 MANAGEMENT................................................ 3 AMS Security................................................... 18 SECURITAS SECURITY ASPHALT AMS PAVING................................................... 22 Asphalt MD’s................................................... 17 SERVICES USA, INC........................................ 13 OUTDOOR FURNITURE PATIO FURNITURE DOCTORS, INC................ 26 NELSON PAVING & SEALING........................ 39 Farley Interlocking Pavers................................. 2 POOL DECK RESURFACING ATTORNEYS Sidewalk and paving CTI OF THE DESERT......................................... 6 Epsten Grinnell & Howell................................ 26 FIORE RACOBS & POWERS........................... 31 ROOFING GREEN BRYANT & FRENCH, LLP................... 25 GURALNICK & GILLILAND, LLP...................... 38 RELIABLE ROOFING....................................... 38 LAW OFFICE OF PEGGY REDMON............... 12 WESTERN PACIFIC ROOFING.......................... 6 PETERS & FREEDMAN, LLP............................ 36 ADVERTISING INFORMATION Contact the CAI-CV Chapter Office Phone: (760) 341-0559 editor@cai-cv.org BANKS Union Bank...................................................... 18 Mutual of omaha bank.................................... 37 Seacoast Commerce Bank.............................. 25 Construction Pacific Coast Constraction.............................. 38 The attorneys and staff at Peters & Freedman, L.L.P., are seasoned professionals in the field of community association law. With experienced attorneys, paralegals, assessment collection specialists and administrative staff, Peters & Freedman, L.L.P. is committed to providing effective, innovative and comprehensive legal services to community associations throughout Southern California. As a full service Law Firm, we can help you with any issue facing your association. ELECTRIC & WATER COACHELLA VALLEY WATER DISTRICT........ 33 As a full service law firm, our services include: • Governing Document Interpretation • Governing Document Enforcement • ADR & IDR • Contract Negotiation • Architectural Compliance • Litigation • Construction Defect • Reconstruction • Legal Compliance If you have questions regarding any of our legal services or would like to request a free, printed copy of our latest community association Legal Guide book, please contact us. You may also visit our website to learn more about our Firm or to download an electronic copy of our current Legal Guide. 36 Quorum June, 2014 • Fiduciary Obligations • Maintenance & Repair Obligations • Assessment Recovery • Post-Judgment Enforcement • Writs & Appeals • Board Education • FHA Certification • FEHA Compliance • CC&R Restatement & Amendments San Diego Area: 760.436.3441 Coachella Valley: 760.773.4463 Orange County: 949.390.2971 www.hoalaw.com Mail@Hoalaw.com INSURANCE TIMOTHY CLINE INSURANCE........................ 39 pick the right tools for your next project. With community association lending expertise like ours, you’ll get the job done right. take that to the bank. Brendan Concannon Regional Account Executive 619-961-6346 Toll Free 866-800-4656, ext. 7480 brendan.concannon@mutualofomahabank.com LANDSCAPING BlueSky Landscape Corp................................. 26 CONSERVE LANDCARE................................. 13 HIGH TECH IRRIGATION, INC.......................... 4 Sunshine Landscape........................................ 33 The Curb Creator.............................................. 6 Vintage Landscape.......................................... 39 mutualofomahabank.com Member FDIC Equal Housing Lender AFN46055_0913 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV EQUAL HOUSING LENDER 37 Manager On The run DATE: Friday, August 8, 8:30am - 9:30am TOPIC: Board relations, Leadership* LOCATION: Palm Desert Country Club Association DATE: Friday, October 10, 8:30am - 9:30am TOPICS: Meetings, Meetings, Meetings: annuals, Hearings, Executive etc.* LOCATION: Palm Desert Country Club Association DATE: Tuesday, December 9, 8:30am - 9:30am TOPICS: insurance LOCATION: TBD *Topics subject to change. All managers who attend will receive 1 hour of Continuing Education Credit (C.E.U.) Morning Education PrograM fOr cOMMuniTy Managers RegisteR At CAi-CV offiCe call (760) 341-0559 or email admin@cai-cv.org GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW Member of CAI and CACM 78755 Darby Road Bermuda Dunes (760) 772-3673 fmullahy@thevintageco.com www.thevintageco.com 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 38 Quorum June, 2014 CoachellaValleyCAI.org facebook.com/CAICV twitter.com/CAI_CV 39 41-905 Boardwalk, A-2 Palm Desert, CA 92211 2014 Corporate Sponsors Platinum_______ AMS Paving, Inc Asphalt MDs Desert Resort Management Empire Works Epsten Grinnell & Howell, APC Farley Interlocking Pavers Fiore Racobs & Powers Nelson Paving & Sealing Pacific Western Bank Peters & Freedman, LLP Sign a Rama Sunshine Landscape United Paving Co. Vintage Associates Inc Western Pacific Roofing Gold____________ Flood Response Securitas Silver___________ 1 Stop Pool Pros Blue Sky Landscape CBCI Construction Conserve Landcare CTI of the Desert Har Bro Emergency Restoration Mariposa Landscape Mutual of Omaha Prendiville Insurance Universal Protection Services Vista Paint Corp Bronze_________ CAI Bowling Tournament Summer of Love Friday, June 27th Palm Springs Lanes CAI-CV Upcoming Events June July CAI-CV Bowling Tournament July Luncheon Program Theme: Summer of Love When: Friday, June 27th Registration opens at 4:30 pm Where: Palm Springs Lanes Theme: Reserves and Budgets When: Friday, July 11th Registration opens at 11:30 am Where: Palm Valley Country Club Painting Unlimited SBS Lien Services Seacoast Commerce Bank ServPro of Palm Desert Sherwin Williams Union Bank Valley Crest Landscape Join CAI! The Quorum Committee hopes that you and your families have a fun and safe summer. There are many benefits to being a part of our chapter, including the monthly Quorum magazine. Call (760) 341-0559 today.