Sunday, August 1, 2010

Important Update from a Board Member of the Palermo Palm Springs HOA

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The following is an email that one of the HOA board members wanted posted on Positively Palermo. Here it is:

Morning Penny,

I spent much of yesterday going through your blog and trying to come up with some answers to posts and follow-up with the recent Board Meeting. Here's what I have so far:
1. Towing Service: I have researched three towing services that - low and behold - just happen to be across the street on San Rafael. I will talk to them this week about a 24 hour towing service that residents who see people parking alongside the street may call directly so you don't have to go through Colt or DRM. Once we contract a towing service, we will ask DRM to post an announcement one week before towing begins and we will send out an announcement of this company and their contact information.
2. Gates not Opening in a Blackout: Patrick will contact Bruce Bushore to make sure that a back up system has been put in place.
3. Locks on Pool & Spa: Patrick believes this has been done at one of the pools and will make sure that it is done at the second pool.
4. Committees:
-Landscape & Pool: Anyone having an issue with the pool, spa or landscaping should contact Patrick directly.
-Architectural Committee: Any person wishing to do any changes to the outside of the building, such as satellite dishes, must go through Jim.
-Safety Committee: Patrick will head this up. A resident named Perry, who was at the HOA meeting will also help Patrick.
-Social Committee: Woo hoo! I get to head this one up.
5. Email list: Anyone wanting to receive communication that is not may email me at cdonahue@thedonahuegroup.com to receive updates.
6. Lighting Timing: Patrick is going to coordinate with Bruce Bushore to see if we can add phototimers to the pool and landscape lighting for better cost effectiveness.
7. Collections Agency: Jim Moser will sign the necessary documents to begin the collections process.
8. Shopping Carts: Resident Jim Sullivan has talked with the city and found out that it is likely that the carts are there because of the recycling center across the street on Oasis. I have directed DRM to write a letter on the HOA's behalf and cc the City of PS to Palm Springs Recycling informing them that it is their responsibility to take care of these carts and if they do not we will protest their license when it comes up for renewal.
9. As for the renters who are condo owners and nervous about the Enterprises departure stand by.
10. FINALLY, we need a treasurer and another Board member. Only one person has stepped forward to help so far. Please let Patrick or I know if you have interest. It would be nice to have homeowners who are here full time serving. Of particular interest we need someone with a financial background and someone with a legal background.
HOA Boardmember contacts:
lowryAEG@dc.rr.com
Moser@ameritech.com
cdonahue@thedonahuegroup.com
Best,
Craig D.


UPDATE: The board member also wants you to see this memo regarding towing and illegal parking:
We have a contract with Brothers Towing. There is some civil code that I would like the Board to review. My main concern is in regards to specific authorization to tow (please see highlighted area). The Association could be held liable if a vehicle is towed incorrectly that is why we hired Colt Security to tow vehicles as they assume the liability of towing a vehicle and therefore, make sure all requirements are followed. Therefore, I do not recommend allowing owners to authorize vehicles to be towed from the common areas. However, this is not the case if an owner would like a vehicle towed from their driveway as the drive way is considered their property.
TOWING VEHICLES. Starting January 1, 2007, Vehicle Code §22658 was changed so that associations may tow vehicles for parking violations only if they meet one or more of the following: the vehicle has been issued a notice of parking violation, and 96 hours have lapsed since the issuance of that notice; or the vehicle is parked on association property and lacks any major part or equipment necessary to operate safely on the highway, such as an engine, transmission, wheels, tires, doors, windshield, etc., and the local traffic enforcement agency has been notified at least 24 hours prior to towing; or the association has posted towing signs at each entrance; or the lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.
Towing Agreements. Associations should enter into written agreements with one or more towing companies (which must be listed on the towing signs) requiring them to comply with the requirements of the Vehicle Code, including: providing notice to the local traffic enforcement agency within 1 hour of receiving authorization by the association to tow a vehicle; immediately giving notice to the owner of the vehicle of the towing, the grounds for the removal, and the place to which the vehicle has towed; providing a copy of the notice to the proprietor of the facility (such facilities must be within a 10-mile radius of where the vehicle was removed), if the vehicle is stored in a storage facility. Specific Authorization. Except as noted below, each time a vehicle is towed (i) the association must provide a specific signed authorization to the towing company and (ii) a representative of the association must be present when the vehicle is towed. The towing request must contain the following information: the make, model, vehicle identification number, and license plate number of the removed vehicle; the name, signature, job title, residential or business address and working telephone number of the person authorizing the removal of the vehicle; the grounds for the removal of the vehicle; the time when the vehicle was first observed parked at the private property; and the time that authorization to tow the vehicle was given.
Exceptions to Specific Authorization. Associations may give written general authorizations to companies to tow any vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the property.
RECOMMENDATION: You should have legal counsel review your agreements with towing companies to make sure they contain sufficient safe-guards for the association. And, you should prepare towing guidelines in your Rules & Regulations.


Miss Penny Lane says: Thank you for the information and the communcation.

19 comments:

Anonymous said...

THANK YOU FOR THE UPDATE

Anonymous said...

PLEASE do something about the street parking. I get home from work late at night and cars are on the street. It would be very very easy for COLT security at that time to tow these cars. Everyone is asleep. ALSO, why don't you at least cite the cars and residents if they move the cars before the tow truck comes?

Anonymous said...

It is good to see progress is being made. No one is perfect and maybe everything can't be done but we all must try and pitch in. One thing I'd like to see on the "action list" is making sure Michael Heath and Village Property Management do a better job. With the 1st being on a weekend, many people were moving in and out. Village Property tenants filled the dumpsters with junk including a sofa. Last month or there abouts, the VIllage tenant at 3573 Penny Lane threw out a big TV, left in outside the dumpster, and Palermo had to take care of it. In regards to DRM, it took them more than one full weeks to replace doggie poop bags. But I too thank you for the update

Anonymous said...

The HOA can only pay for part-time security from COLT so they can't be here to tow all the time and they have already upped the security budget. They just need to start citing and towing when they have cause and are here. If someone is in your spot or blocking you from getting to your spot you have every right to call Brown's Towing Service and have them removed.

As for Michael Heath and VPM, they don't work for the HOA or Palermo, they work directly for Enterprise, but you make an excellent point that the increase in dumpster fees is probably because of the quantity of renters coming and going.

Anonymous said...

Is it possible for Palermo to have a security company that is based in Palm Springs? Calls at night to Colt as always get the same response: We only have one officer on duty at night and they are in La Quinta. Has Brandi Scott deleted those security codes she was directed to and also of those people who moved out at 3651 Melody Lane that were discussed at the HOA meeting?

Anonymous said...

With owners taking control of the HOA, maybe it is time to do a property inspection. I'm not saying ANYTHING is wrong with the buildings, but how much access have owners had to reports about any problems? Bruce Bushore of Enterprise often shut people down at HOA meeting when they would bring up concerns. These were open forums with him sitting at the board member table when he wasn't even on the board. According to one HOA-rights Web site, it says: "Complaints arising during the time that the developer controls the association or that he is transferring control of the association to homeowners who have putchased homes in the subdivision (or condominium.) This is often the time that homeowners: complain about construction defects; question whether or not the developer has under-funded the reserve accounts (or not funded them at all); question whether the develop is delivering common areas and amenities as promised in the subdivision public report, marketing materials, and purchase contracts." Palermo seems solidly built but do WE KNOW about the history of complaints, if any? Let's find out. Let's get a lawyer to look at all of this, at least just for our peace of mind.

sarjane said...

Thank you for the time and effort you are giving to these concerns. We may not be able to solve all the issues but communicating is a great start. I will definitely be calling and emailing city folks about the shopping carts. Again, thanks C.D. and Miss P.

Anonymous said...

Below is a copy of Penny's posting from earlier this year that I just read.

From KSPS Channel 2 News, November 2009:

Palm Springs police have recovered an estimated $200,000 in stolen property from five locations connected to one Valley businessman.

Some items found at the locations included: several stolen motorcycles, televisions, computer equipment, a washing machine and jewelry, according to Palm Springs Sergeant Mitch Spike. It took two U-Haul trucks to carry away the items, he said.

Police say they found the things after a transient admitted to being involved in over 50 burglaries during the past few months in Palm Springs and Cathedral City.

The person told police he ended up selling most of the stolen items to Chuck Ailabouni, owner of Julian's Market in Palm Springs, a liquor and deli store located on North Indian Canyon.

Based on information given to the police department from the transient, investigators got search warrants for five properties owned or used by Ailabouni and served those warrants Monday, according to Spike.

54-year-old Ailabouni was arrested along with his 31-year-old son, Chuck Ailabouni, Jr. Also arrested were: Rawan Matar, 21, Ihab Shabi, 24, Anek Jajib, 21, and Rasim Taha, 40. All of those arrested are Palm Springs residents.

Spike said that a total of nine victims have been identified, but that a majority of the recovered items has yet to be linked to their rightful owners.

Anonymous said...

I heard the clubhouse TV was part of the load but that Bruce Bushore it seems didn't moved quickly enough to get it back for us?

Anonymous said...

The story going around was he was told to. Big deal though cuz it's all in the past and now we need to look ahead to better days, right? I hope Enterprise says but will change its local management, both onsite and the rental company.

Anonymous said...

Sorry, above I wanted to say: I hope Enterprise stays but will change its local management, both on site and the rental company.

Michael Heath said...

From Michael Heath, CEO, Village Property Management. I want to thank Penny Lane for taking the time to put together a well thought out blog. Village Property Management provides an important service to the Palermo community. Village Property Management and its staff take pride in the Palermo community and we will continue to be a large support in what makes Palermo such a great place to live. It is important to mention that without the presence of rentals in the Palermo community, the HOA and the development would be in a much more challenging situation. The rental income has afforded the developer to keep HOA dues paid. Village Property Management works to support not only the developer but property owners and renters alike. I want to offer all persons an opportunity to reach me directly with concerns related to VPM rentals at Palermo. Feel free to express your comments related to VPM’s presence at Palermo - be it constructive or less constructive. I can reached via email at mheath@vpmrents.com. I thank you for this forum.

Just Being Honest said...

I give everyone a chance, and even a second chance, but after being let down consistantly, have found that Bruce Bushore is a worthless worker bee. I have no clue as to why he is still being paid by Enterprise to sit in the empty model all day. Probably to make sure nothing happens to the models owned by Enterprise (though not for long). Though we are currently in dark real estate times ie disapointing performance by DRM, HOA, VPM, drug houses, foreclosures etc, perhaps years from now we will look back and just be glad this too shall pass.

Anonymous said...

Yes, Bruce said that we would be repainted with in a month and an arrangement had beeen made in June..part of an agreement about the paint being defective.

Anonymous said...

Julian Ailabouni info. Julian Ailabouni has numerous charges pending in Riverside court. They include:
1) A jury case scheduled for 8:30 a.m. 11/4/10 for charge HS 11350(A) - possession of controlled substance. Case filed 3/9/10.
2) Jury trial scheduled for 11/4/10 for HS 11350(A) - possession of controlled substance and PC 12020(A)(1) - undetectable firearm. Case filed 1/25/10.
3) Felony settlement conference scheduled for 11/4/10 for HS 11351 - selling controlled substance, HS 11378 - possession of controlled substance for sale, PC 466 - possess burglary tools, PC 664/459 - attempted burglary, PC F496(A) receiving stolen property. Case filed 6/15/2010.
4) Pre-trial hearing scheduled for 11/4/10 for VC 23103(a) - reckless driving. Case filed 9/16/09.
5) Warrant/arraignment scheduled for 1:30 p.m. 10/29/10 for PC 1214.1 - traffic violation, VC 16028A - no insurance, VC 5200A - license plates. Case file 11/17/09.
6) No hearing set. VC 23123A - car phone. Cased filed 7/19/2010.
7) No hearing set. VC 22356 B - speeding. Case filed 6/2/10.

Anonymous said...

Dear Lightless in Palm Springs,

RE: Pool and Spa lights that don't work and a Spa Heater that comes on with a timer that doesn't work either.

As another holiday weekend passes us by (Columbus Day), why have the pool?

Why have anything at Palermo that is supposed to work?

As it relates to timers at the pool and spa, why have a management company who does nothing?

They don't respond to the telephone calls regarding the lights being out when it's dark in the pool or spa (smaller of the two pools). They sure don't read this blog because they don't act on it, or react to it. Time to send them to the dog house, which is located at the bottom of the empty pool (never completed) in the construction site to the south of what few are calling heaven, or at least a heaven that lights up.

And, why have a "board member" who writes on this blog about a "recap of matters at hand regarding the lighting" and suggests a photocell for lighting to solve the problem and to save money, too.

Palermo has already saved thousands of dollars because the lights haven't come on when they are supposed to for the last year and a half, simply because the timers apparently aren't set correctly.

Certainly as it relates to the pool and spa, he might as well buy life preservers for Palermo that only work when the sun comes out, (like that has anything to do with helping you from drowning in the pool). Same thing, the spa heater works off a timer, to save money from running the heater when the pool is closed, so a photocell sensor means the spa heater would work the entire night. That's saving money?
Well, what do you do at 5 pm when the spa is open and it won't work because it is light outside? The same situation is true for the pool and spa lights which don't come on because the timer is off.
And all of this is still a guess because for over a year and a half the pool and spa lights haven't worked but once or twice when they should, but no one (of course) confirms that this is the reason.

So, like everything else, we are guessing the lights don't work properly because of the timer not being set right or falling out of sync (as in sync with reality).

Have a great holiday.

Anonymous said...

Craig, I can't say enough nice things about your efforts! Thank you immensely for being a POSITIVE, non-complaining (without providing solutions), & keeping this community apprised of info.

Anonymous said...

Hello, my neighbors to the north up Indian Canyon. Those of us down the street have been following this and updating others in the surrounding area. I thought some of you at Palermo might want to know that the Julian Market people will be going to court soon stemming from the reported taking of stolen property in 2009 that was on the TV news. Kihalil Ailabouni and Shoukry Amir Ailiabouni (aka Chuck Ailabouni or Chucky Ailabouni) have felony settlement conferences set for 8:30 a.m. Jan. 19, 2011 at county court in Indio. There are 51 felony charges against for receiving stolen property, possession of items for altered serial numbers, etc. Kihalil Ailabouni also a Jan. 26 2011 arraignment hearing for an HS 11350(A) charge (drugs) stemming from a Nov. 27,2010 arrest. Also, Julian Ailabouni has plead guilty to various drug charge and was sentenced on Jan. 11 to 2 six-month jail sentences. He must report to jail on April 4, 2011. He also will have 3 years of formal probation, must get a job or go to school full time, not associate with people on probation or parole, inform probation officer of where he is living, not associate with anyone using or selling drugs, not possess weapons and register with police on release of jail. The DA in the case is D. Greenberg.

Anonymous said...

Dear Palermo Residents,
This evening while exiting the gym I came across something very disheartening for all the residents of this great community. The double doors closest to the gym exit were slightly propped open with a piece of paper shoved in the locking holes located on the ground. This made the door seem closed but in fact could be open with ease.
Maybe it's the recent GOP debate but I believe we need a state of public awareness. Our lovely clubhouse would have likely been broken into this evening had I not dislodged the paper. It would be foolish to believe that these thieves wanted nothing more than a chance to take our 60 inch TV. The most disheartening fact about our safety is this is an inside job. Someone with a key has decided to steal from its own community or has tipped off the degenerates of this society. It may be time to reassess who still has access to the clubhouse? Is each persons key individualized as in we know who scans the door and when? Is there a way we can permanently lock the double doors closest to the gym exit? Finally is it just me or has our security company been doing a poor job as of recently. It could be just chance, but I haven't seen a patrol car in months. Do they still exist?


Keep your eyes peeled! This affects all of us!
Anonymous