Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine

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Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
April 2012

                    Coachella Valley Community Associations Institute Magazine

Inside
Congratulations! You Are on
the Board! Now What?
Mold In The Desert?
HOA Loans. A Sound Option
That Makes Financial Sense

Co mm u n i t y S p ot l i g h t

Oasis Country Club
Homeowners Association
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
2012 Corporate
      Sponsors
                                                                                                                                                                                                      an

    Platinum_________                                               HOA Banking Solutions                                                                                                                    company

    AMS Paving                               Cash Management       HOA         Innovative Lockbox      Online Access     Multiple Payment
    Asphalt MD’s                                 Solutions         Loans     Processing Capabilities   and Research           Options

    Epsten Grinnell & Howell
    Fiore Racobs & Powers
    Nelson Paving & Sealing
    O’Connell Landscape Maintenance
                                                                                                                                            MAINTAININg THe BeAuTY AND FuNCTION
    Pacific Western Bank                                                                                                                                     OF THe urBAN LANDSCApe
    Peters & Freedman
    Seacoast Commerce Bank                                                                                                                    •   Irrigation audits performed by an IA
    Securitas Security Services USA, Inc.                                                                                                         Certified Landscape Irrigation Auditor

    Sunshine Landscape                                                                                                                        •   Tree Trimming with supervision by a
                                                        Partner with Strength. Partner with Pacific Western Bank.                                 ISA Certified Arborist
    Verizon Enhanced Communities
                                                                                                                                              •   Computerized Irrigation Management
    Western Pacific Roofing                                                                                                                                                                                      ON STAFF

                                                                                                                                              •   Digital photo and Landscape enhancements
                                                                                                                                              •   Free 24hr emergency response
    Gold______________                                                                                                                        •   Client education programs
                                                                                                                                                                                                                       ON STAFF

    Ben’s Asphalt, Inc.
                                                                       Over 75 Offices throughout California                                find us online: www.oclm.com or scan our qr code
    Conserve LandCare                                                                                                                       with your smart phone to find more about us now.
    Flood Response                          Member   Paula Tapia, Assistant Vice President | (760) 777-6445 | ptapia@pwbonline.com          Contact: Janalee Arthur, Sales/Customer Service
                                            FDIC
    LaBarre/Oksnee Insurance                                    78-080 Calle Estado, Suite 101, La Quinta, California 92253                 phone: (800) 339-1106 fax: (949) 589-6083 Cell: (760) 285-3158
                                                                                                                                            email: jarthur@oclm.com | 43549 wheel road, Indio, CA 92201
    Powerful Pest Management
                                                                             www.pacificwesternbank.com
    Sign-A-Rama

    Silver_____________
    Animal Pest Management Services
    CTI of the Desert
    Diversified Waterscapes Inc.                         ALLEN & ASSOCIATES
                                                     Community Association Bookkeeping
                                                                                                                                                                                                                                  3  WAYS
                                                                                                                                                                                                                                     TO CUT YOUR
                                                                                                                                                                                                                                  SPRING WATER BILL
    Mutual of Omaha Bank/CondoCerts
    PWLC II, Inc.
    Time Warner Cable                                                                                                                                                                                                                        Check your irrigation
                                              ATTENTION SELF-MANAGED ASSOCIATIONS!
    Universal Protection Service                Why haven’t you hired us to do your bookkeeping?                                                                                                                                             system for inefficiency and
                                                                                                                                                                                                                                             upgrade as needed
    Bronze___________                                  We specialize in helping small HOA’s navigate
                                                         the maze of rules all HOA’s must follow.
    Advanced Painting & Wood Repair
                                                                                                                                                                                                                                             Participate in CVWD’s
    Artistic Maintenance                         We provide ALL Community Associations bookkeeping,                                                                                                                                          Large Landscape Smart
    AWS Consultants, Inc.                            collections & financial services, including                                                                                                                                             Controller Rebate Program
    MC Painting & Construction                             Inspector of Election Services.
    Prendiville Insurance                       Serving the Coachella Valley for more than 35 years
    Rey Insurance Services                              1111 E. Tahquitz Canyon Way, Ste. 103                                                                                                                                                Convert your grass to
    Sky Security Services                                      Palm Springs, CA 92262                                                                                                                                                        Lush & Efficient desert
    Union Bank                                                    www.allenhoa.com                                                                                                                                                           landscaping
    Vista Paint
                                                                      760-323-7475                                                                                                                                                                For more information,
                                                                                                                                                                                                                                           call Coachella Valley Water District
                                                                                                                                                                                                                                                    at (760) 398-2651
                                                                                                                                                                                                                                                  or visit www.cvwd.org

2   Quorum April, 2012                                                                                                                                                                                                                            www.CoachellaValleyCAI.org      3
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
Contents
                                                                                                                                                                                                    Community Spotlight

                                                                                                                                                                                                    10    Oasis Country Club, Palm Desert
                                                                                                                                                                                                          Happy 25th Anniversary!                          10
                                                                                                                                                                                                          By Tony Brunner

                                                                                                                                                                                                    Features
                                                                                                                                           Board of Directors
                                                                                                                                       Coachella Valley Chapter 2012                                21    Congratulations! You Are on the
                                                                                                                                               Rob Winkle, President                                      Board! Now What?
                                                                                                                                                Western Pacific Roofing
                                                                                                                                                                                                          Expectations and Duties of an Effective
                                                                                                                                    Nena Rutherford-Milward, CMCA, AMS
                                                                                                                                              President - Elect                                           Board Member
                                                                                                                                           Desert Resort Management                                       By Sue Anderson
                                                                                                                                           Art Coulter, Past President
                                                                                                                                        Palm Valley Homeowners Association, Inc.                    22    Mold In The Desert?
                                                                                                                                          Christina Baine DeJardin, Esq.                                  Don’t Be Deceived, There Is Mold All Around Us
                                                                                                                                               Peters & Freedman, LLP
                                                                                                                                                                                                          By Greg & Barbara Masters
                                                                                                                                               Cyndi Koester, PCAM
                                                                                                                                           Mutual of Omaha Bank/CondoCerts
                                                                                                                                             Gloria Kirkwood, CCAM
                                                                                                                                                                                                    26    Commercial Insurance for
                                                                                                                                        Palm Valley Homeowners Association, Inc.                          Associations
                                                                                                                                                Grace Paluck
                                                                                                                                    The Management Trust, Monarch Group Division
                                                                                                                                                                                                          Insurance Market Update for 2011 and             21   22
                                                                                                                                                                                                          a Look Ahead to 2012
                                                                                                                                          Kristin Berryhill-Hood, CCAM
                                                                                                                                           Merit Property Management Inc.
                                                                                                                                                                                                          By Sarah Davis
                                                                                                                                       Michael Walker, CMCA, AMS, PCaM
                                                                                                                                         PGA West Residential Association
                                                                                                                                                                                                    28    HOA Loans. A Sound Option That
                                                                                                                                                Mike Mastropietro                                         Makes Financial Sense
                                                                                                                                             Orange Coast Building Services                               By Cyndi Koester, CMCA, AMS, PCAM
                                                                                                                                               Patricia Smith, PCAM

       Your HOA can be
                                                                                                                                            Veneto Homeowners Association                           35    Paint is Paint. Or is it?
       our next Cover                                                                                          April 201
                                                                                                                        2
                                                                                                                                          CAI Coachella Valley Office
                                                                                                                                          41-905 Boardwalk Suite A-2
                                                                                                                                                                                                          What Makes a Quality Exterior Paint
                                                                                                                                                                                                          By Gina Roldan
                                                                                                                                                                                                                                                           26   28
                                                                                                                                            Palm Desert, CA 92211
                                                                                                                                              Tel: (760) 341-0559                                   36    Fronds & Flowers
                                                                                                                                              Fax: (760) 431-8443
                                                                                                           e                                                                                              Tips to Make Palm Tree Trimming and
                                                             unity Assoc
                                                                           iations Ins
                                                                                       titu   te Magazin
                                                                                                                                  Wendy Van Messel, Chapter Executive Director
                                  Coachella
                                            Va   lley Comm
                                                                                                                                         E-mail: wvanmessel@cai-cv.org                                    Summer Flower Planting Easy
                                                                                                                                            Website: www.cai-cv.org                                       By Jay Powell

                                                                                                                                                                                                    Chapter News

                                                                                                                                                                                                    43    Have You Heard?                                  35   36
                                                                                                                                            ARTICLE SUBMISSIONS OR                                        By Wendy Van Messel
                                                                                                                                           ADVERTISING INFORMATION
                                                                                                                               CAI-CV Chapter Executive Director, Wendy Van Messel
                                                                                                                                                                                                    44    CAI-CV Chapter
       No Cost                                                                                                                           E-mail: wvanmessel@cai-cv.org
                                                                                                                                                                                                          New & Renewing Members
       to you        inside
                                  tions! Yo
                      Congratula Now What?
                                !
                                            u Are on
                                                                                                                                        Editors: Dionne Petitpas and Paula Tapia
                                                                                                                                                E-mail: editor@cai-cv.org
                                                                                                                                                                                                    45    Advertisers Index
         Every cover  the Board
                      Mold  In The   Desert?
                                ns. A So
                                          und Optio
                                                     n
                                                                                                                                 The materials contained in this publication are designed to
         has a story.  HOA Loa
                       That Makes
                                     Financial
                                               Sense

                                                                                                                                provide our members with accurate, timely and authoritative
        Tell us yours!
                 Co M M u
                          nIt y Sp
                                   ot l I g h
                                              t
                                                                                                                                                                                                    Chapter events
                 Oa sis Coun try Club
                            ers Associa
                                             Must
                                           tion     be CAI-CV member                                                           information with regard to the subject covered. However, the
                                                                                                                            CAI Coachella Valley Chapter is not engaging in the rendering of                                                               24   38
                  Homeown
                                                in good standing
                                                                                                                             legal, accounting or other professional types of services. The CV      24    February Monthly Program
                                                                                                                              Chapter has not verified and/or endorsed the contents of these              What’s in the HOA Insurance Market for 2012?

                                              (760) 341-0559
                                                                                                                            articles or advertising, nor do we have the facilities or the person-
      Contact                                                                                                               nel to do so. Readers should not act on the information contained
      Wendy                                                                                                                    herein without seeking more specific professional advice from
                                                                                                                                                                                                    48    Schedule of Events
      at the CAI-CV Office                    wvanmessel@cai-cv.org                                                                    legal, accounting or other experts as required.
                                                                                                                                                                                                    38    CAI Casino Night
                                                                                                                                                                                                          It’s the Year of the Dragon
4   Quorum April, 2012                                                                                                                                                                                                                                           www.CoachellaValleyCAI.org   5
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
Contents

                                                                                                                                Departments

                                                                                                                                8    President’s Message                                   14        16
                                                                                                                                9    From the Editors
                                                                                    Editorial Board                             14   CLAC News
                                                                                         Editors                                     Sacramento Deadline Passes New Legislation
                                                                                    Dionne Petitpas                                  Affecting Community Associations
                                                                                    Three Phase Electric                             By Skip Daum
                                                                                       Paula Tapia
                                                                                    Pacific Western Bank                        16   CAI National
                                                                                                                                     The “REO” Speed Wagon                                 18        19
                                                                                  Committee Members                                  New Policy Annoucements From Freddie Mac
                                                                                      GINA ROLDAN                                    May Impact Community Associations
                                                                                        Vista Paint
                                                                                                                                     By Staff Writer, CAI
                                                                                       JAY POWELL
                                                                                       PWLC II, Inc.
                                                                                  LAURIE S. POOLE, ESQ.
                                                                                                                                18   About CAI
                                                                                  Peters & Freedman, LLP                             Membership Has Its Benefits
                                                                                 LESLEE WILLIAMS                                     The Many Reasons To Be A CAI Member
                                                                      The Management Trust, Monarch Group Division
                                                                                  LESLEY FINCH, PCAM
                                                                                                                                     By Steven Shuey, PCAM, CCAM
                                                                                                                                                                                           32
                                                                               Lindsay Management Services
                                                                                                                                19   Time Honored Member
                                                                              SHELLY RUEGSEGGER, CMCA
                                                                            Personalized Property Management                         Wayne Carlsen
                                                                                   STEPHANIE OTERO                                   By Pat Smith, CCAM, PCAM and                                         33
                                                                              Office of Stephanie Otero, CPA                         Shelly Ruegsegger, CMCA
                                                                             STEVEN SHUEY, PCAM, CCAM
                                                                            Personalized Property Management                    32   Homeowners Association Law
                                                                                STEVEN J. TINNELLY, ESQ.
                                                                                   Tinnelly Law Group
                                                                                                                                     The Festivals Are Coming!
                                                                                     SUE ANDERSON
                                                                                                                                     The Festivals Are Coming!                             40
                                                                                Universal Protection Service                         Preparing Your HOA For Coachella and Stagecoach
                                                                                        TIM BLOOM                                    By Jeffrey A. French, Esq. and Holly L. Amaya, Esq.
                                                                                     Brite & Clean, Inc.
                                                                                     Tony Brunner                               33   Coffee Talk
                                                                                  Country Club Remodeler
                                                                                                                                40   Water Wise
                                                                       Creative Director & Graphic Designer
                                                                                                                                     Safe Drinking Water is Everyone’s Priority
                                                                                     Rodney Bissell                                  By Steve Bigley
                                                                                   Bissell Design Studios
                                                                                                                                                                                           42
                                                                                                                                42   Technology Today
                                                                    The mission of CAI is to provide the
                                                                                                                                     Cyber Liability What Does It Really Cover?
                                                                leadership for successful development and
                                                                                                                                     By Carol A. Fulton, CIRMS
                                                               operation of community associations through
                                                                   information, research and education.                         43   Welcome Aboard
                                                                CORRECTION: In the January issue, the name of Richard                Revco Solar Engineering Inc. and
                                                               Welsh of Leak Point was incorrectly spelled in the WELCOME            Patricia Moeller, CCAM
                                                                  ABOARD section. We apologize for this misspelling.                 By Shelly Ruegsegger, CMCA                            43   43
         Homeowners Associations                                                Subscriber services
                       • • • Audits • • •                             The Coachella Valley Quorum Newsmagazine
                      • • • Reviews • • •
                   • • • Tax Returns • • •                         is a publication expressly prepared for our Association
                  • • • Compilations • • •                       leaders, managers and other related professionals of the
                • • • Special Projects • • •                    Community Associations Institute. Authors are encouraged
                 (760)568-5544                                  to submit articles for publishing consideration. All articles
                                                                accepted for publication in the Quorum are subject to
        43-585 Monterey Ave., Suite 4, Palm Desert, CA 92260
                                                                    editing and rewriting by the Publications Committee.

6   Quorum April, 2012                                                                                                                                                                                www.CoachellaValleyCAI.org   7
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
President’s Message                                                                                                                                                                                                      from the Editors

                             President’s Message                                                                                                                                     From the Editors
                             Rob Winkle, Western Pacific Roofing Corporation                                                                                                         Dionne Petitpas, Three Phase Electric
                             CAI-CV Chapter Board President                                                                                                                          Paula Tapia, Pacific Western Bank

       Here we are in April already, as this year flies by. This      Managers and offers a practical overview of association       Well, Spring is almost here and we’ve all “sprung               our economy you may think these choices are lim-
       is a busy month with Good Friday on April 6th and              management and is a must for achieving a CMCA des-            forward” as well, so we feel right at home with an issue        ited. Cyndi Koester’s article on “HOA Loans” answers
       Easter is on Sunday April 8th. Spring time is a wonder-        ignation. The CAI-CV Board of Directors realizes that         on, what else – Spring Cleaning!                                the frequently asked questions when it comes to HOA
       ful time of renewal as the spring flowers are blooming         the expense of continuing education can be a deterrent            We have dedicated this issue of QUORUM to a                 lending.
       in all their glory. The desert is especially beautiful this    to some and therefore offers a very generous scholar-         variety of topics that you’ll find helpful in getting some         Legislation is also getting a fresh start with new
       time of year; make sure to stop and take some time to          ship program to those managers that want to grow their        spring cleaning done in your community. By cleaning,            legislation being introduced. Skip Daum’s very infor-
       enjoy it.                                                      career. For more information about our scholarship            we don’t mean dusting off that hard to reach shelf, or          mative article “Sacramento Deadline Passes” details
           The Business and Education Expo was a big hit on           program, contact the chapter office.                          tackling that overstuffed closet. We mean… painting,            three of the thirty new Bills affecting community
       March 20th. It was held at Heritage Palms Country Club             At last year’s Strategic Planning session it was deter-   mold, landscape, new legislation, new boards, and even          associations.
       and everyone enjoyed our guest speaker Dr. Esmael              mined that CAI-CV needed to work more on promoting            improvements facilitated by a HOA loan. These articles             Celebrating its 25th anniversary this month is our
       Adibi from Chapman University. Following Dr. Adibi’s           the good our chapter has to offer. With that in mind, I       are all relevant to getting a fresh spring start.               featured community spotlight, Oasis Country Club
       informative talk, everyone enjoyed mingling with our           would like to thank our newest committee, the Mar-                Gina Roldan’s article “Paint is Paint. Or is it?” dem-      in Palm Desert. This beautiful community is looking
       great Business Partners in the Expo Hall. Thank you            keting Committee, for their hard work in promoting            onstrates that there is more to “What Makes a Quality           forward to a wonderful 25 more years and is well on
       to Expo Chair, Cyndi Koester with Mutual of Omaha              CAI-CV. Chair Lori Albert with Albert Management              Exterior Paint” then we might have previously thought.          their way with the improvements made and continued
       Bank/CondoCerts and her committee of Louise                    Inc. and Co-Chair Nathalie Ross along with the help           Mold is not something we like to hear about but it is           commitment to excellence.
       Stettler with Epsten Grinnell & Howell and Nathalie            of the committee, have jumped out of the gate and             a reality. Greg Master’s article “Mold in the Desert”              We hope the full array of articles in this month’s
       Ross with Adams Kessler, PLC for their time and effort         are developing a good strategy for our chapter. The           outlines ways to find the source of the mold and how to         issue of QUORUM will help make “Spring Cleaning” an
       on behalf of the chapter.                                      Membership Committee, lead by Jerod Pannell with              fix it. Beautiful landscaping is ever present in our valley.    easy task for your association.
           CAI-CV values education for all our members and            Conserve LandCare and Co-Chair Louise Stettler are            For tips on making palm tree trimmings and summer
       this month our Homeowners Essentials class will be             also working closely with the Marketing Committee on          flower planting easy, check out Jay Powell’s article on         Best,
       held on Thursday, April 12th at Palm Valley Country            increasing, as well as maintaining, our membership. If        “Fronds & Flowers.”
       Club. This class is also known as “Board Boot Camp”            you know someone who could benefit from our Asso-                 Welcoming new officers to a board of directors is a
       as it is a time for newer board members to get a bet-          ciation please put them in contact with the CAI office.       constant process that Associations go through. If you’ve
       ter understanding of the new role they have just taken             Thank you to all our volunteers for their commit-         just been selected to serve on the board of directors of
       on and for more seasoned board members to have the             ment to the chapter, we couldn’t do it without you!           your Association, take a look at Sue Anderson’s article,
       opportunity to be reminded of what can become rou-             Hope to see you all at Indian Canyons Golf Resort for         “Congratulations! You Are on the Board! Now What?” to
       tine. Please make sure you encourage as many Board             our Annual Golf Tourney on Friday, April 27th, always a       get an overview of expectations and duties of an effec-
       Members to attend this program as it is a very benefi-         great time.                                                   tive board member. One of the issues you may face as
       cial class.                                                                                                                  a board member is helping your Association make a
           While on the subject of education, on May 17th –                                                                         decision on funding large projects. In the downturn of
       19th we will be holding an M100 Class locally here in
       the Valley. The M100 is designed for newer Association

8   Quorum April, 2012                                                                                                                                                                                                             www.CoachellaValleyCAI.org   9
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
Community Spotlight                                                                                                                                                                                Community Spotlight

     Oasis Country Club, Palm Desert
                                                                                                                                         fashion and food. Raffle money from this event is donated
                                                                                                                                         to the Arnold Palmer Prostate Cancer Center. The event
                                                                                                                                         features the Art Bowman Classic, the proceeds from which

     Happy 25th Anniversary!                                                                                                             also go to the Arnold Palmer Prostate Cancer Center. Art
                                                                                                                                         Bowman was a long time Oasis homeowner and golfer.
                                                                                                                                             The Annual Oasis Pro Am is in April. This is when golf
     By Tony Brunner, Country Club Remodeler                                                                                             professionals from around the Desert and their guests join
                                                                                                                                         Oasis owners for a fun filled day of golf and prizes. Then
                                                                                                                                         there is the Memorial Day Tournament with the Marines,
                                                                                                                                         when single Marines are invited and picked up from the 29
                                                                                                                                         Palms Marine Base for a day of golf and lunch.
                                                                                                                                             Although Oasis is its own world, it is within walking,
                                                                                                                                         driving or golf cart distance of two major grocery stores,
                                                                                                                                         three large pharmacies, several local restaurants, strip
                                                                                                                                         malls, beauty salons, dry cleaners, copy centers, and doc-
                                                                                                                                         tors. It is only 1-1/2 miles from the I-10 freeway.
                                                                                                                                             Here are some of the Oasis homeowners in their own
                                                                                                                                         words:
                                                                                                                                             Jim Schmitz (25 year owner): “The thing that makes it is
                                                                                                                                         the people. The togetherness of the people, Board and staff
                                                                                                                                         working toward making The Oasis a better place to live.”
                                                                                                                                             Virginia Rapp (15 year owner): “We live in Oklahoma in
                                                                                                                                         the summer and after visiting a relative at Oasis in 1996, we
                                                                                                                                         toured some homes with no intention of buying. However,
                                                                                                                                         at the end of the day we had done just that. We have never
                                                                                                                                         had a reason to regret that quick decision and have since

     O
                                                                                                                                         purchased a larger home just down the street from our
              asis Country Club Homeowners Association is                   There are slightly more full-time than part-time resi-       first home. After living at The Oasis for 15 years, we still
              located on 153 acres of fee land off Hovley Lane East      dents. There is also a high percentage of renters that come     consider this property to be one of the best maintained,
     between El Dorado and Oasis Club Drive in Palm Desert,              back year after year due to the affordable golf and dining      most economical and friendliest locations in the Coachella
     California.                                                         amenities at Oasis. In fact, they become more like mem-         Valley.”
        Construction started in 1985 and involved a succes-              bers than guests. Most of the new Oasis owners come from             Dennis Benoit (recently bought in 2011): “As we drove
     sion of 3 developers, Weyerhauser, California Community             Canada, Washington and Oregon.                                  through the front gates of Oasis Country Club, it was like
     Builders, and Canaan Construction. Final build out was in              What homeowners like most about Oasis is its well            driving into Paradise. The grounds and the golf course
     1999. The Oasis Community is currently celebrating its 25th         maintained, satisfying 18 hole executive course; its friendly   were beautifully manicured and in pristine condition and
     Anniversary.                                                        people and staff; the well landscaped grounds; competi-         the view of the mountains were second to none. The whole
        The community is comprised of 662 condo and PUD                  tively priced homes, and the very active men’s and women’s      complex was so clean and well kept. We were so impressed
     units laid out amidst a beautiful 18 hole executive golf            golf clubs and smaller golf groups. The Men’s and Ladies        with the friendly residents and the friendly, smiling staff
     course. Facilities include a 22,369 sq. ft. clubhouse, three        Golf Clubs each have two days a week for play. People           always ready and willing to help us. We felt ‘at home’ imme-
     tennis courts, four pickleball courts, a Ted Robinson               who play the Oasis golf course say that it is the best Execu-   diately and we were sure that this would be our ‘home away
     designed 18 hole putting course, putting green, driving             tive Course in the Valley. It is also one of the few courses    from home’.”
     range, practice bunker, 3 lighted tennis courts and 18 pools        that allows walking. The Club does not shut down for the            The five member Oasis Board of Directors benefits from
     and spas. Oasis is among the few clubs in the Coachella             summer and the year-round residents appreciate the fact         the efforts of a number of extremely active and devoted
     Valley where the homeowners also own the clubhouse and              that there continue to be activities for them to enjoy. Oasis   committees: Architectural, Events, Finance, Golf, House,
     golf course.                                                        owners are very active in Club activities and enjoy monthly     Landscape, Marketing, Security and Emergency Prepared-
        The homes at Oasis range from single bedroom condo               parties, brunches and golf events throughout the year.          ness Oversight.
     units of 775 sq. ft to 3 bedroom single family homes of 1,805          Regular annual events are activity highlights at Oasis.          Says Janice Tippin, Board President “While celebrating
     sq. ft in a variety of more than 20 floor plans. As of this writ-   Each new season opens with a Dinner/Dance to welcome            our 25th anniversary, our Board is mindful of the fact that
     ing there are 29 active listings on the MLS ranging from            the snowbirds back into town. It is followed by a cocktail      we have to be looking forward to the next 25 years. In order
     $149,000 to $389,900. In 2011 Oasis properties sold in the          party the next day. The Annual Oasis Fashion Show is in         to be successful we must be willing to change and continue
     range $155,000 to $400,000.                                         March, when owners and their guests enjoy a luncheon of         on the path of constant improvement. We are committed to

10   Quorum April, 2012                                                                                                                                                                                         www.CoachellaValleyCAI.org   11
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
Community Spotlight
                                                                                                                                                                   ®

     encouraging excellence in our administration, our staff and      Freedman, Brabo & Carlsen, Asphalt MD’s, and Time War-
     ourselves in order to enhance our members’ and guests’           ner Cable. Business Partners also include the Oasis onsite
     experience at Oasis Country Club.”
         The Board has recently completed a three year reno-
                                                                      real estate office which is operated by Desert Homes with
                                                                      Tarbell Realtors. Of the six agents in the office, five are also
                                                                                                                                           A knowledge leader in security
     vation of the Clubhouse, which included remodeling the           Oasis homeowners.
                                                                                                                                           Securitas USA continues to be a dedicated security partner
     men’s and ladies’ locker rooms, lending library, updating            Oasis directly employs its administrative staff of five          in the Valley by providing security professionals who meet
     the pro shop, expanding The Grille Room, and upgrading           experienced personnel. Association Manager is Eve                    the specialized needs of Gated Communities. Participation
     the dining room and lounge facilities.                           Weber. Says Eve, “Our homeowners are a delight. They are             in associations such as CAI, RCSA, CACM, ASIS, and Crime
         The pool areas and larger common areas are being Xeri-       friendly, willing to help out and a pleasure to work with.           Stoppers, Securitas USA remains active, knowledgeable and
     scaped and a re-landscaping project is under way to help         This community is a better place because of the members,             ready to service your communities. With national resources
     with aging shrubs. The Association has assisted some 40          staff and business partners! We are a friendly, unpreten-            and a strong local management team in Palm Desert, we are
                                                                                                                                           standing by to enhance your security operations. We invite you
     owners with Xeriscaping in front of their units.                 tious community with people from all around the world
                                                                                                                                           to take advantage of an Operational Analysis, at no cost to you.
         We recently launched a new and improved website              who enjoy all the amenities The Oasis has to offer. From
     (www.theoasiscountryclub.com). Homeowners can make               people who love to golf to people who love to putt, from             For more information, please contact:
     tee times and dining reservations online, along with check-      people who play tennis to people that play pickleball.               Douglas Robinson | 760.779.0728
     ing of their statements. This illustrates one of the benefits    Throw in bingo, bridge, mah jongg, bunko, karaoke and a
     of the homeowners also owning the golf course and club-          multitude of dining activities and you have what it means
     house facilities. Centralization of management avoids            to be home at The Oasis Country Club - - a community for
     confusion. Whether a golf course sprinkler or a common           all.”
     area sprinkler is hitting one’s unit, the phone call goes to
     the same place.                                                            Tony Brunner is with Country Club Remodeler, a
         Oasis Business Partners include Sunshine Landscape,                    high quality, affordable remodeling contractor           Securitas Security Services USA, Inc. is a knowledge leader in security. As the nation’s leading
                                                                                                                                         security provider, Securitas USA and its affiliates offer security solutions, including uniformed
     Boyd & Associates, Valley Pools, Foster & Sons Pest Con-                   serving Coachella Valley homeowners. You can             security officers, mobile patrol and consulting & investigations. Everywhere from small businesses

     trol, Diversified Roofing Services, Inc., First Bank, Peters &             reach him at (760) 772-4300 or at                        to large corporations, our 100,000 employees are making a difference. | www.securitasinc.com

                                                                      tony@countryclubremoder.com.

12   Quorum April, 2012                                                                                                                                                                                                                       www.CoachellaValleyCAI.org   13
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
CLAC News
                                                                                                                                                                                      GURALNICK & GILLILAND, LLP
                                                                                                                                                                                                       ATTORNEYS AT LAW

              Sacramento Deadline Passes                                                                                                                                                                Member of CAI and CACM

             New Legislation Affecting Community Associations                                                                              Legal Services for
                                                                                                                                            Legal Services
                                                                                                                                           Community          for
                                                                                                                                                       Associations
                              By Skip Daum, CAI’s Legislative Representative in California
                                                                                                                                                 Community       Associations
                                                                                                                                           __________________________________________________________________________________________________________________________

     F
                                                                                                                                               General Counsel
          ebruary 24th was the last day for new legislation to be     AB 2273 (Wieckowski) – Timely Recordation after Trustee                  Assessment Lien and Foreclosure
          introduced into their respective houses in Sacramento.      Sales. Problems arise after a foreclosed property is sold                        ●   No Cost Collections
     On last count 2,791 Bills have been introduced and are being     at auction. Mainly the problems come from banks that                       • General Counsel
                                                                                                                                                   ● Fees Paid by Delinquent Homeowner
     dissected by our dedicated lobbyists, Skip Daum and Ron          are not willing to take responsibility for the assessments                       ●   Detailed Monthly Status Reports
     Kingston. Out of the approximately thirty (30) Bills that        and maintenance of the property, and therefore delay the                • Assessment     Lien and Foreclosure
                                                                                                                                                ● Title Reports at No Charge to Association

     seem to affect community associations there are a few that       recordation of the property into their name. Technically,                   • No  Cost  Collections
                                                                                                                                            Construction Defect/Reconstruction
     really stand out.                                                they OWN the property (they bought it at auction) but they                ● •Mold
                                                                                                                                                    Fees  Paid by Delinquent Homeowner
                                                                                                                                                        Claims/Litigation
                                                                      don’t record that transfer officially, so no one knows. The               ● •Real
                                                                                                                                                    Detailed
                                                                                                                                                        EstateMonthly   Status Reports
                                                                                                                                                               Dispute/Litigation
     AB 561 (Corbett) is BACK. This is the second year this                                                                                       • Title Reports at No Charge to Association
                                                                      HOA continues to bill the previous homeowner (who was
     Bill has been floating around Sacramento, and it is worri-                                                                            Phone: (760) 340-1515               FAX: (760) 568-3053
                                                                      just foreclosed upon), asking THEM to continue to main-
     some. The premise behind the Bill is to get the money that                                                                               • Construction Defect/Reconstruction
                                                                      tain the property and fining them for any failure to do so.
     is collected in delinquent assessments to the HOA as fast as
                                                                      Why should the person who just lost their home be required
                                                                                                                                                  • Mold Claims/Litigation
     possible. That sounds great! The problem comes when an
                                                                                               to pay assessments and maintain                    • Real Estate Dispute/Litigation
     association is not willing or able to
                                                                                               the property? The simple answer is:
     spend any more money collecting                                                                                                             Phone: (760) 340-1515    FAX: (760) 568-3053
                                                                                               they should not be. The language
     on a particularly difficult account.
                                                                                               of this Bill (in effect) is that the Bill
     Many Boards feel that turning the
                                                                                               “would provide that an owner of a
     account over to a debt collector
                                                                                               separate interest shall, within 30
     who knows the best ways to collect
                                                                                               days of transferring title, provide
     on delinquent accounts is the most
                                                                                               to the association’s board secre-
     productive way to go, but AB 561 will
                                                                                               tary, agent, manager, or designated
     severely curtail that practice. These
                                                                                               representative, a copy of the owner’s
     “professional” debt collectors are
                                                                                               deed or other document transferring
     providing a service, and as such,
                                                                                               title to the purchaser of the separate
     they expect to be paid for it. HOAs
                                                                                               interest and a written notice of the
     want to “cut their losses” and are
                                                                                               purchaser’s mailing address.” CAI’s
     willing to take a percentage of what
                                                                                               California Legislative Action Com-
     is brought in on accounts that they
                                                                                               mittee is working alongside Assem-
     have practically given up hope on.
                                                                                               bly member Bob Wieckowski and
     If AB 561 passes, the only way the
                                                                                               the County Bar Associations (who
     debt collector would be paid would
                                                                                               initiated this measure) in promoting
     be if they collected MORE than the
                                                                                               this Bill and possibly amending the
     assessments due the HOA. Practi-
                                                                      language to provide additional incentives to comply with
     cally speaking, that doesn’t happen, which means the pro-
                                                                      the law once enacted. Requiring timely recordation is the
     fessional collectors would have to work for free, or the HOA
                                                                      first step in holding banks responsible for obligations they
     would have to pay them out of the assessments collected
                                                                      have as part of the foreclosure process.
     by people who ARE paying their assessments. The point of
     using the professional collectors was to stop throwing good      SB 1244 (Harman) – Notice of Default Notification. The
     money after bad while still acknowledging the Board’s fidu-      California Civil Code has many requirements regarding
     ciary duty to collect assessments. While this Bill may look      how someone defaulting on their loan needs to be noti-
     good on the surface, it severely inhibits a board’s ability to   fied of the filing of a Notice of Default (the first step in the
     do their due diligence. We have attempted to bottle this bill    foreclosure process). Senator Harman has introduced a
     up in the Assembly and have succeeded thus far.                  Bill that makes the notification of a non-paying unit

14   Quorum April, 2012                                                                                                                                                                                                                                                 www.CoachellaValleyCAI.org   15
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
CLAC News                                                                                                                                                                                                                              CAI National

                                                                                cai MORTGAGEMATTERS                                      program. Under this program investors have been invited
                                                                                                                                         to bid on pools of properties owned by Fannie Mae, Fred-
                                                                                                                                                                                                          lenders who foreclose that they are responsible for payment
                                                                                                                                                                                                          of community association assessments. CAI survey data
                                                                                                                                         die Mac and FHA. One condition of this program is that the       indicates that more than three out of four REO properties

                                                                        The “REO”
                                                                                                                                         properties be rented for at least a year after purchase. While   do not pay required assessments. Thus the federal actions
                                                                                                                                         this program will help clear out the backlog of REO proper-      here will help force lenders to live up to their financial
                                                                                                                                         ties clogging the market, it also creates potential problems     commitments.

                                                                        Speed Wagon
                                                                                                                                         for community associations. First, as condominium asso-              As part of our ongoing Mortgage Matters program, CAI
                                                                                                                                         ciations know, FHA limits the number of rental units to no       is working to protect homeowners in community associa-
                                                                                                                                         more than 49 percent of an association. It also requires that    tions and to ensure access to fair and affordable mortgage
                                                                                                                                         no more than ten percent of any condominium association          products for all current and potential community associa-
                                                                        New Policy Announcements                                         be owned by a single entity. Thus, a bulk sale may result        tion residents. You can follow our work and share your
                                                                                                                                         in an association being disqualified from some federal           thoughts at www.caimortgagematters.org and on Twitter
                                                                        From Freddie Mac May Impact                                      mortgage programs. Beyond that concern, there is the issue       at @CAIGPA. CAI will continue to monitor and participate

           owner more reasonable. The text of the Bill states,
                                                                        Community Associations                                           of the bulk seller obtaining a sizeable ownership share or
                                                                                                                                         even a majority of units within the community. This will
                                                                                                                                                                                                          in shaping changing federal housing policies to ensure the
                                                                                                                                                                                                          perspective of community associations is heard.
     “The board shall provide notice by personal service in                                                                              create a host of governance issues and impact the rights on
                                                                        By Staff Writer, Community Associations Institute
     accordance with the manner of service of summons in                                                                                 existing owners.                                                 CAI articles are researched and written by a team of
     Article 3 (commencing with Section 415.10) of Chapter 4 of                                                                              There is good news as well. The Office of the Comptrol-      professionals with the CAI National Headquarters. CAI

                                                                        F
     Title 5 of Part 2 of the Code of Civil Procedure to an owner                                                                        ler of the Currency (OCC) issued a policy bulletin outlining     provides information and education to community
                                                                              or most of us of a certain age, the question “How                                                                           associations and the professionals who support them. For
     of a separate interest who occupies the separate interest                                                                           the responsibilities of lenders in foreclosure. That guid-
                                                                              much REO do you have in your portfolio?” was usually                                                                        additional information, visit them at www.caionline.org.
     or to the owner’s legal representative, if the board votes to                                                                       ance (embodied in OCC Bulletin 2011-49) provided notice to
                                                                        answered in terms of the number of eight-track tapes. Of
     foreclose upon the separate interest. If after reasonable
                                                                        course with the advent of the housing crisis, this term, which
     diligence the notice is not able to be personally served
                                                                        references Real Estate Owned or bank-owned property, has
     on an owner of the separate interest who occupies the
                                                                        become the benchmark of distress for communities across the
     separate interest, the association may post a copy on the
                                                                        country. Now important policy announcements by the federal
     owner’s separate interest in a manner most likely to give
                                                                        government will turn loose a veritable “REO” speed wagon on
     actual notice to the party to be served and mail a copy
                                                                        community associations across the country and we need to be
     of the notice by certified mail and first-class mail to the
                                                                        prepared for the potential impact.
     owner at the address of the owner’s separate interest.
                                                                            Bad metaphors aside, mortgage giant Freddie Mac
     [The italics are the new part.] At first blush, it looks like it
                                                                        issued a policy bulletin (2012-2), which allows unem-
     simplifies the process for HOAs a bit. And, as usual, the
                                                                        ployed borrowers to seek forbearance on their mortgages
     California Legislative Action Committee will keep an eye
                                                                        for a period of six to twelve months. The Federal Housing
     on its progress and let you know any changes made, and
                                                                        Administration (FHA) offers a similar program. Freddie
     our official position, once taken.
                                                                        Mac has also extended authority to lenders it works with to
                     And that is only three of the thirty. We           offer up to six months of mortgage forbearance as part of
                     have a lot of work to do in the coming             this program. CAI expects Fannie Mae to follow Freddie’s
                     months. To keep abreast of the situation,          lead on this issue.
     check out our blog at caiclac.wordpress.com and sign up                Community associations should remind residents that
     to be notified automatically when new posts occur. That            loan forbearance offered by FHA, Fannie Mae, Freddie Mac
     will be the best place to find out what is going on in the         or on behalf of any lender does not apply to association
     world of HOA legislation in California.                            assessments. CAI also encourages all associations to work             Of course with the advent of the housing
         Be sure to join us for our Legislative Day in the Capi-        with troubled borrowers to avoid any instance of assess-            crisis, this term, which references Real Estate
     tol, set for April 15-16. For more information, please visit       ment delinquencies and to preserve the ability of owners to         Owned or bank-owned property, has become
     www.caicalif.org and look under “Upcoming Events.”                 remain in their units. Boards may want to consider adding
                                                                                                                                             the benchmark of distress for communities
                                                                        this information to delinquency notices to ensure the board
                                                                                                                                                            across the country.
                 Skip Daum is our veteran Legislative Advocate          is aware of any residents who are in a forbearance program.
                 for CAI’s California Legislative Action                Foreclosing on such owners may invite federal regulation of
                 Committee and may be reached at                        association enforcement powers.
                 caiclac@aol.com. More information on the                   Other plans for REO properties include the Fed-
     Legislative Day in the Capitol can be found at                     eral Housing and Finance Agency’s bulk sales to rental
     www.caicalif.org.

16   Quorum April, 2012                                                                                                                                                                                                                    www.CoachellaValleyCAI.org   17
Oasis Country Club Homeowners Association - Coachella Valley Community Associations Institute Magazine
About CAI

                                                                                                                                           Time Honored Member                                                WAYNE CARLSEN
     Membership Has Its Benefits                                                                                                           By Pat Smith, CCAM, PCAM, Veneto HOA and
     The Many Reasons To Be A CAI Member                                                                                                   Shelly Ruegsegger, CMCA, Personalized Property Management
     By Steven Shuey, PCAM, CCAM, Personalized Property Management
                                                                                                                                                                     Wayne Carlsen has lived          interest in modern technology so just about everything
                                                                                                                                                                     in the Coachella Valley for      he reads is digital. His music interests range from
                                                                                                                                                                     about 26 years. He was born      Classical to Rock, and on his IPAD is the book, The Art
                                                                                                                                                                     and raised in a small farming    of the Steal. His favorite saying is “nothing is free.”
                                                                                                                                                                     community in Southern               Wayne has been a member of CAI for approximately
                                                                                                                                                                     Minnesota. He has been           20 years and served on the Board of Directors as the
                                                                                                                                                                     married to his wife Jan for 18   Treasurer for several years and was also Chair of the
                                                                                                                                                                     years and has a 31 year old      Finance Committee.
                                                                                                                                                                     son who lives in Oregon and         Wayne has been in business for 37 years. Over
                                                                                                                                          has just returned from a tour of duty in Iraq.              the years his business has expanded and he now
                                                                                                                                            Wayne has a B.S. in Accounting from Mankato State         provides services to approximately fifty primarily
                                                                                                                                          College in Minnesota. Wayne relates that “his first         large associations. His firm, Brabo & Carlsen, LLP
                                                                                                                                          employer in Minnesota taught me that the way to get         CPA’s provide accounting, audit and tax services
                                                                                                                                          ahead in the CPA world was from a strong work ethic,        to Community Associations, country clubs, other
                                                                                                                                          long hours, and hard work.”                                 nonprofit organizations and construction contractors.
                                                                                                                                            In his leisure time, Wayne enjoys going to the gym           Wayne can be reached at (760) 320-0848 or
                                                                                                                                          and riding his Harley in the mountains. He has a great      wayne@brabo-carlsen.com.

     H        ave you given thought about the benefit of your CAI
              membership lately? You may not have thought about
     it, but a lot of what you find out is likely a result of your being
                                                                               Both the Government and Public Affairs Committee
                                                                           (G&PA) at the national level and the California Legislative
                                                                           Action Committee (CLAC) at the state level, work hard for
     a member of CAI.                                                      the community associations and our career paths. The
          Every month, the local chapter holds a great educational         laws are constantly changing and these two groups help
     program and networking breakfast or lunch. It is a nice               keep us informed of those changes. GP&A developed a
     getaway from the normal day-to-day workload, and a way                website called Mortgage Matters that educates us as well
     to socialize with friends in the industry. You can go back            as lenders, real estate agents, and our government. GP&A
     to work with a tidbit of knowledge you didn’t have before.            also posts a “tweet” on Twitter every day with news of what
     About 150 of your colleagues attend these events.                     is going on. If you don’t subscribe to Twitter, you might
          Periodically, the chapter holds business partner expos           want to give it a try, if for nothing else but this one CAI
     that do just that, they expose the offering of the busi-              benefit.
     ness partner to the membership. These are few and far                     There are many more benefits! If you have a favorite
     between, but they sure provide manager and board mem-                 that I haven’t mentioned, send us a message and let us
     ber education!                                                        know. CAI is here for you – enjoy the benefits.
          At the national level, there is an annual conference
     where over 500 of your colleagues attend from around the                        Steven Shuey is a certified professional community
     country. This year it is being held in Las Vegas, May 2nd                       association manager. He serves on the National
     through May 5th. This venue is close enough to be an inex-                      Faculty of CAI and a past board member of the
     pensive educational getaway. These are busy days filled                         APCM. Follow him on Twitter at www.twitter.
     with educational classes that will surely be good career              com/@IslandMgr or email him at IslandMgr@aol.com.
     builders.

18   Quorum April, 2012                                                                                                                                                                                                               www.CoachellaValleyCAI.org   19
Feature

                                                                                                     DESERT RESORT MANAGEMENT.
                                                                                                                                                          Congratulations!
                                                                                                                                                                                                                             answered as well as keeping the board informed of the
                                                                                                     Providing quality professional
                                                                                                     management services throughout the
                                                                                                                                                          You Are on                                                          committee’s actions. Most of these committees meet
                                                                                                                                                                                                                              at least once a month so it is important to plan time for

                                                                                                                                                          the Board!
                                                                                                                                                                                                                              these meetings as well.
                                                                                                     Coachella Valley and surrounding areas.                                                                                 Being on the board can also mean making tough deci-
                                                                                                                                                                                                                           sions. The primary role of the board is to conduct the

                                                 Ou R fOcuS iS ON yOu.
                                                 Serving community associations since 1987, Desert Resort Management
                                                                                                                                                          Now What?                                                     business of the Association and that means being able
                                                                                                                                                                                                                       to develop and enforce policies and procedures. Many
                                                                                                                                                                                                                       times, enforcing these policies and procedures may not be
                                                 (DRM) provides services that enrich communities and enhance the
                                                 associations we serve.
                                                                                                                                                          Expectations and Duties of                                   the popular thing to do! Board members are required to
                                                                                                                                                                                                                       step outside their immediate circle of family, friends and

                                                 • National strength. Local attention.                 • Management, financial and
                                                                                                                                                          an Effective Board Member                                    neighbors to make decisions based upon the greater good
                                                                                                                                                                                                                       of the community. Although this can be difficult at times,
                                                                                                         development services.
                                                 • Service-driven technology                                                                                                                                           the experience of being on the board can also be one of the
                                                   backbone.                                           • Turnkey service to our clients.                By Sue Anderson, Universal Protection Service                  most rewarding volunteer experiences for an individual.

                                                 • Innovative programs to save your                    • Industry’s best trained team.                  Congratulations, you are now officially a board member         What are some key traits of an effective board member?
                                                   association time and money.                                                                          in your community. What can you expect and what does it        The following are a few characteristics of successful board
                                                                                                       • Commitment to clients.
                                                                                                                                                        take to be an effective board member? Most likely the first    members:
                                                                                                                                                        step will be a meeting with the property manager who will       •   Diligence in reading the governing documents.
                                                                                                                                                        spend an hour or two going over the details of your new role
                                                                                                                                                                                                                        •   Always prepared for board meetings.
                                                                           Desert Resort Management                             SM

                                                                                                                                                        as well as the nuances of the community. Most communi-
                                                                                                                                                                                                                        •   Professional demeanor.
                                                  42-635 Melanie Place, Suite 103 ι Palm Desert, CA 92211 ι Telephone 760-346-1161 ι Fax 760-346-9918   ties will also have an orientation meeting in which there
                                                                        Web www.drminternet.com ι Email info@drminternet.com                            will be an update of the committees so new board members        •   Welcomes and participates in education and training.
                                                                                                                                                        can determine which committees they will be assigned            •   Constantly seeking ways to promote effectiveness on
                                                                                                                                                        to. It is customary for each committee to have two board            the board.
                                                                                                                                                        members in its membership. The board will take a look at
                                                                                                                                                                                                                       Perhaps one of the most appreciated characteristics found
                                                                                                                                                        the abilities and preferences of the new board members to
                                                                                                                                                                                                                       in successful board members are those people who are
                                                           In Community Association Law…                                                                determine who should be placed on the appropriate com-
                                                                                                                                                        mittees. Also during the orientation meeting, new board
                                                                                                                                                                                                                       acting in good faith and are not joining in order to promote

                                                           the Devil is in the details.
                                                                                                                                                                                                                       personal agendas. Art Coulter, seasoned board member
                                                                                                                                                        members will be given the Bylaws, CC&R’s and Rules &
                                                                                                                                                                                                                       at Palm Valley Country Club, states, “The board is always
                                                                                                                                                        Regulations of the community. It will be the responsibility
                                                                                                                                                                                                                       looking for someone who wants to serve for the benefit of
                                                                                                                                                        of each board member to familiarize himself/herself with
                                                            If you are involved in the management of a community association, you                                                                                      the community and not for a personal agenda.” Art also
                                                                                                                                                        these documents.
                                                            know that State and Federal laws that govern associations complicate                                                                                       encourages people thinking about joining the board to first
                                                                                                                                                            Perhaps the greatest time commitment will be attend-
                                                            decision-making and make the conduct of association business challenging.                                                                                  get involved on a committee in their community. This is a
                                                                                                                                                        ing monthly board meetings. These meetings consist of not
                                                                                                                                                                                                                       great way to get an idea of the time commitment involved
                                                                                                                                                        only the regular sessions open to all homeowners who wish
                                                            At Epsten Grinnell & Howell, knowing the details of community association                                                                                  as well as getting to know others already on the board!
                                                                                                                                                        to attend, but also the executive sessions where items such
                                                            law is our only business. Our attorneys constantly review the fine print of
                                                                                                                                                        as contracts and legal issues are discussed. These meetings
                                                            the law and client governing documents. This attention to detail ensures                                                                                               Sue Anderson is the Sales & Marketing Manager
                                                                                                                                                        are often lengthy so it is important to devote at least one
                                                            that clients receive effective, practical solutions to legal problems.                                                                                                 for Universal Protection Service in Palm Desert
                                                                                                                                                        day a month for attending these meetings. Please remem-
                                                                                                                                                                                                                                   providing security solutions for gated communities
                                                            Let our comprehensive understanding of community association law                            ber there is also the preparation for the meetings. Board
                                                                                                                                                                                                                                   throughout the Coachella Valley. She can be
                                                            contribute to the success of your association.                                              member packets will typically be distributed 5-6 days prior
                                                                                                                                                                                                                       reached at (760) 505-3412 or by email at
                                                                                                                                                        to the actual meeting in order for members to have enough
                                                            Call us today… We have a lot of common interests.                                                                                                          sue.anderson@universalpro.com.
                                                                                                                                                        time to prepare.
                                                                                                                                                            As mentioned above, board members are required on
                                                                                                                                                        each committee. That board member will serve as a liaison        If you are currently on a board within your association
                                                                                                                                                        and will not have voting power on the committee. The               or a homeowner interested in learning more about
                                                                                                                                                                                                                             board operations, please consider attending the
                                                                                                                                                        head of the committee is there to represent the board and
                                                            800.300.1704 l www.epsten.com                                                                                                                                 upcoming CAI Essentials Class (“Board Boot Camp”)
        ASSOCIATION COUNSEL • ASSESSMENT RECOVERY                                                                                                       to act as a conduit for the free flow of information between
                                                              San Diego           Coachella Valley           Inland Empire                                                                                                   being held on April 12th. For more information,
                                                            858.527.0111           760.836.1036
                                                                                                                                                        the board and the committees for whom you are a liaison.                contact the CAI Office at (760) 341-0559.
        CONSTRUCTION DEFECT • CIVIL LITIGATION                                                                951.461.1181
                                                                                                                                                        It is important to make sure the committee’s questions are

20   Quorum April, 2012                                                                                                                                                                                                                                   www.CoachellaValleyCAI.org      21
Feature                                                                                                                                                                                 Feature

                                                                                            from a glorious three-week vacation,          quickly and efficiently before it
                                                                                            open the door and are greeted with            becomes a huge problem.
                                                                                            soaked carpeting and mold creep-                  Developing a mold allergy usually
                                                                                            ing up the walls. A rain deluge over-         doesn’t happen overnight, and most
                                                                                            whelmed frail roofing, a plastic water        situations such as coming home from
                                                                                            pipe in the wall cracked, the water line      vacation and seeing water damage
                                                                                            to the refrigerator came loose, a toilet      doesn’t automatically mean mold.
                                                                                            tank overflowed, or the dishwasher            But a mold allergy does, however,
                                                                                            line burst, are among the possible            come from mold exposure. It takes
                                                                                            culprits, and there are more. Plus, this      daily exposure to even low levels
                                                                                            can happen in a new home almost as            of mold spores in the air to create
                                                                                            easily as an old one.                         a problem. But once you get it, “it
                                                                                                 What’s the first thing to do? First,     keeps on giving.”
                                                                                            determine the source of the water.                Like many other allergies, it can
                                                                                            If it isn’t obvious, call a plumber. He       make your life miserable. If you see
                                                                                            may not be the final solution, but he         mold, and do nothing about it (“it’s
                                                                                            can determine where the water is              only a little”), you may pay, pay, pay.
                                                                                            coming from. If the source is identifi-       The outdoor air always has mold
                                                                                            able, there are a couple of next steps:       spores, sometimes many of them.
                                                                                            if the water is still flowing, turn it off,   For example, where trees shed their
                                                                                            tracing the water all the way back to         leaves in the fall, and fallen leaves
                                                                                            shutting down the main valve to the           are raked into piles, mold goes to
                                                                                            home. A broken hose can be replaced.          work on them immediately. Disturb-
                                                                                            A broken line will require a plumber. If      ing those piles sends choking clouds
                                                                                            the water source is no longer flowing,        of mold spores into the air. But in
                                                                                            then it is likely that it didn’t come from    any climate the ambient mold spore
                                                                                            a broken pipe or water line. It is likely     level will vary with the time of day,

     Mold In The Desert?                                                                    a leak from an outside source. While it
                                                                                            may be necessary to call a contractor
                                                                                            to repair the source of the leak, like a
                                                                                                                                          the temperature, the wind speed, the
                                                                                                                                          humidity, and the season.
                                                                                                                                              When mold is cleaned up and
     Don’t Be Deceived, There Is Mold All Around Us                                         roof leak, it is also time to call a mold     the damage repaired, make sure
                                                                                            inspector to determine the severity of        there is a certificate or report that
                                                                                            the problem. Based on that evaluation,        the homeowner or association can
     By Greg & Barbara Masters, Masters Environmental                                       it may be determined that the water           keep as proof that the mold has been
                                                                                            damage may be an Association issue,           professionally taken care of, and that
     Southern California and the Palm           not even know it is there. It may be        and the Association manager should            no mold remains. As a property sale
     Springs area in particular, has            that only when respiratory problems         be contacted. Insurance may cover             inches along through escrow, this
     relatively low humidity, rivaling the      are starting in children or in people       water damage, but may (explicitly) not        question can pop up. If no record
     Sahara Desert (average yearly humid-       whose immune systems are compro-            cover mold. Pull out your homeown-            exists, it can trigger an extra expense
     ity is 25%). But when a desert down-       mised that the owner starts searching       er’s insurance policy and search for          for a mold investigation.
     pour finds a damaged roof or a roof        for answers. Homes that are most at         water damage and mold coverage.                   So, do desert dwellers need to be
     where the flashing has been ineptly        risk for roof leaks and mold are those           A caution: select a mold inspector       concerned about mold? The answer
     installed, the stage is set for mold       with a flat roof. A drive through desert    separate from a company specializing          from The Prairie Home Companion:
     growth in the house. If the water is       communities will reveal many, many          in repairing mold damage to avoid             “You betcha.”
     not dried out immediately, mold will       homes with flat roofs. Talk to the          being told that the damage is greater
     be seen growing in a week. Add high        owners of these homes, and you will         than it actually is. While a mold             Greg and Barbara Masters are the
     temperatures and high humidity, you        find they are very aware of the neces-      problem truly can be a “supersized”           owners and operators of Masters
     will be raising a full mold crop in less   sity of keeping their roofing in good       and costly project should black mold          Environmental. They can be reached
     than a week.                               condition.                                  be detected behind drywall, there             at (760) 200-2900 or by email at
         The mold may not be easily                 Let’s, for a moment, consider a real-   are many instances where a poten-             gmasters@sonic.net.
     detected, and the homeowner may            istic scenario: Homeowners return           tially severe problem can be handled

22   Quorum April, 2012                                                                                                                                                             www.CoachellaValleyCAI.org   23
February Monthly Program                                                      Chapter Events

                           • Possible rate increases in 2012
     What’s in the HOA     • Updates on earthquake coverage
     Insurance Market      • Coverage changes that could affect you
                           • The right type of Workers Comp Insurance for you
         for 2012?         • Have enough D&O Coverage?
                                                                                 A                        B

                                                                                Guest Speakers
                                                                                A. Carol Fulton, CIRMS
                                                                                  LaBarre/Oksnee Insurance Agency

                                                                                B. Sarah Davis
                                                                                  Regional Underwriting Manager,
                                                                                  Philadelphia Insurance Co.

                                                                                Thanks To Our
                                                                                February Program
                                                                                Sponsors:
                                                                                AMS Paving

                                                                                AWS Consultants, Inc.

                                                                                Ben’s Asphalt

                                                                                Gerard Roofing Technologies

                                                                                MC Painting & Construction

                                                                                Pacific Western Bank

                                                                                Peters & Freedman, LLP

                                                                                Prendiville Insurance Agency

                                                                                PWLC II, Inc.

                                                                                Verizon Enhanced Communities

                                                                                Thanks To Our
                                                                                February Scholarship
                                                                                Sponsor:
                                                                                Professional Community Management

24   Quorum April, 2012                                                               www.CoachellaValleyCAI.org    25
Feature                                                                                                                                                                                                                                       Feature

                                                                                                           wind and storm surge      For example - Our insured has a building with an insur-        until they do. These three losses occurred on accounts
                                                                                                           hazard models farther     able value of $500,000. He has purchased an insurance          with a 0% loss ratio with PHLY and all were discovered
                                                                                                           inland (in some cases     policy for $350,000, with an 80% coinsurance clause. Six       within three months of this presentation. Anytime that the
                                                                                                           more than 100 miles       months into the policy, a fire erupts and causes $60,000       economy dips as dramatically as it has over the past few
                                                                                                           inland) which had a       in damage. By applying the coinsurance formula, we see         years, insureds are at a higher risk for crime and GL claims
                                                                                                           major impact on insur-    that the insured was required to have $400,000 of coverage     to occur to supplement individuals who feel they have no
                                                                                                           ers whose nationwide      ($500,000 X .80), so:                                          other options to turn too.
                                                                                                           book included Texas                                                                          One last issue that I wanted to address with all of you
                                                                                                           and mid-Atlantic                   350,000                                               is the recent changes to the Davis-Stirling Act. The Davis-
                                                                                                           regions. Since most                              X   60,000 = 52,800                     Stirling Act is a comprehensive body of law governing

     Commercial
                                                                    US reinsurance treaties renewed on January 1st with an                    400,000                                               common interest developments that became known as the
                                                                    expected 7-30% increase depending on the company’s book                                                                         Davis-Stirling Common Interest Development Act.
                                                                    of business, many companies took higher attachment punts            Because the insured did not meet his coinsurance            Priority Changes in 2011 include:
     Insurance                                                      in order to manage rate increases for their clients. Over-
                                                                    all US reinsurance rates rose the highest percentage with
                                                                                                                                     requirement, he has become a partner in the loss to the
                                                                                                                                     tune of $7,200 + deductible.
                                                                                                                                                                                                        Carbon Monoxide detectors are required in every
                                                                                                                                                                                                    dwelling unit where the home has a gas burning furnace,

     for Associations
                                                                    Europe remaining relatively flat and the Asia market being          Insurance to value can be determined by professional
                                                                                                                                                                                                    cook stove, water heater, wood burning stove, and fireplace
                                                                    the most volatile. The Asia reinsurance market has over a        appraisals, by the Marshall Swift Boeck Commercial Build-
                                                                                                                                                                                                    or attached garage. Condos and townhomes must install
                                                                    1000% loss ratio due to CAT events, but since reinsurance        ing Valuation System (MSBVS), Professional appraisals or
                                                                                                                                                                                                    them by no later than January 1, 2013.
     Insurance Market Update for                                    treaties renew much later in the year, it is too early to pre-   a contractor’s estimate. Valuations are based on type of
                                                                                                                                                                                                        Electric Charging Stations – HOA’s are prohibited from
                                                                    dict how much their increases will affect the overall market.    materials used in construction, CC&R replacement require-
     2011 and a Look Ahead to 2012                                  In all, for property & casualty insurers, the average com-       ments, square footage, etc.
                                                                                                                                                                                                    unreasonably restricting the installation of electric vehicle
                                                                                                                                                                                                    charging stations. Members who place charging stations
                                                                    bined ratio (profitability – losses and expenses/premium)        Three things can occur if properties are                       in common areas are responsible for costs associated with
     By Sarah Davis,                                                which is the highest since 2006 according to BusinessInsur-      underinsured:                                                  maintaining and repairing the station as well as costs for
     Philadelphia Insurance Companies                               ance.com.
                                                                                                                                                                                                    damage to common areas and adjacent units resulting
                                                                        In order to consider what’s coming in 2012, you must           • The insurer is left without sufficient premium col-
                                                                                                                                                                                                    from installation and maintenance of the station. This new
     The most unusual year on record for insurance claims in        look to the reinsurance market first since increases in              lected to pay for the more severe losses or the fre-
                                                                                                                                                                                                    statute does allow individual owners to use or occupy com-
     the last decade was 2011. As of June 30, 2011, claims had      reinsurance pricing leads to increased primary rates, most           quency of small ones that will occur
                                                                                                                                                                                                    mon areas contrary to existing statutes and case law. The
     reached the highest level per year on record globally due to   dramatically for CAT prone accounts. Insurers that previ-
                                                                                                                                       • If every insured purchased less than enough, then          association must approve the installation of the charging
     an extraordinary accumulation of severe natural casualties     ously took low attachment points to manage expenses will
                                                                                                                                         rates would have to be significantly higher                station if the owner agrees to (1) comply with architectural
     such as earthquakes, tsunamis, floods and tornados. By         likely be underwriting more conservatively since it is now
                                                                                                                                                                                                    standards for the installation, (2) engage a licensed con-
     June 30th, globally the world had accumulated more than        their own companies’ money on the line instead of the              • The major risk to the insured is that they would not
                                                                                                                                                                                                    tractor to install the station, (3) within 14 days of approval
     $265B in economic losses and $60B in insured losses which      reinsurer’s money. Overall, the insurance industry has               have insurance protection for a catastrophe, and that
                                                                                                                                                                                                    provide a certificate of insurance that names the associa-
     was 4 times the national 10-yr average. In the US that         realized that rates have fallen below what is adequate in            could severely impact their existence and ability to pay
                                                                                                                                                                                                    tion as an additional insured under the owners liability
     attributed to $27B in economic losses and $14.7B in insured    the market and that risks being assumed need more rate to            claims.
                                                                                                                                                                                                    policy, (4) pay for the electricity usage.
     losses just through June 30, 2011. This was a 162% increase    produce adequate returns and therefore are more accept-
                                                                                                                                         Overall in the industry, claims are on the rise. We have       In all, 2011 was a volatile year for insurers due to signifi-
     over YTD 2010 losses. Experts have predicted that 2011 will    ing of the need to change. The overall property market is
                                                                                                                                     seen a significant uptick in property claims due to CAT        cant CAT and loss events in addition to property rates being
     become the 5th or 6th most expensive year in history for       beginning to adjust but we are only at the beginning, more
                                                                                                                                     events that I have already described, but we have also         at the lowest peak in the market. This resulted in insurers
     insured catastrophic losses in the US.                         rates will be needed to reach rate levels that are adequate
                                                                                                                                     seen heavy claims activity in other lines as well , such as    ending the year with combined ratios over 100% on aver-
        If you look at the last 21 years of insured losses, 3 of    for exposures.
                                                                                                                                     crime. Some recent examples have included maintenance          age and the reinsurance market levying heavy increases
     the most catastrophic events have taken place in the last          One way that insurers are evaluating their property book
                                                                                                                                     supervisors skimming $17K from money generated by coin         against US property/casualty carriers depending on the
     18 months; including the Japan quake/tsunami, the 2011         of business is by looking at ITV (Insurance to Value). 98%
                                                                                                                                     operated laundry machines; during a large scale renova-        placement of their book and the insurer’s accumulation of
     Spring Tornado storms; and the New Zealand quakes.             of fire losses are partial losses which provides insureds
                                                                                                                                     tion project a property manager altered checks intended        CAT prone insureds based on new modeling software. This
     While it may seem that these losses are far away from your     with strong incentive to cover their property only up to
                                                                                                                                     for an approved contractor to the name of a construction       volatility has lead to increased reinsurance and primary
     association, there is a major impact on individual accounts    the values of their expected losses. However, since rates
                                                                                                                                     firm owned by her husband for a total of $156K in losses; in   rates in the market and will continue until the market
     because of these events. In addition to these losses, there    are promulgated on full value insurance, this tendency is
                                                                                                                                     another instance, an accountant for a country club used the    evens out with losses and rates so that insurers can once
     were also a few changes in the modeling of how insurers        a major problem for property insurers. ITV is the basis for
                                                                                                                                     clubs online banking to pay his personal debts out of the      again show profitability.
     would look at potential losses that has an effect on indi-     rate development and is how insurers ensure rate adequacy.
                                                                                                                                     clubs account then manipulated the financial documents
     vidual account pricing and insured capacity. RMS 11.0          One incentive for insurers to insure to value is the coinsur-
                                                                                                                                     to cover his tracks for 8 months with the loss ending up at             Sarah Davis is the Regional Underwriting Man-
     came out early in 2011 which significantly increase PML’s      ance clause attached to your policy. This insures proper
                                                                                                                                     $75K before the club discovered the issue. Can your asso-               ager for Philadelphia Insurance Companies,
     (Probable Maximum Losses) for insurers relative to US          ITV and also results in a lower rate/unit for your property.                                                                             responsible for 18 underwriters and raters. She
                                                                                                                                     ciation afford NOT to carry the right amount of coverage?
     wind events. This revised modeling software pushed both        Coinsurance is calculated based on Did/Should x Loss.                                                                                    can be reached at (949) 330-2389 or by email at
                                                                                                                                     No one thinks these types of losses will happen to them,
                                                                                                                                                                                                    sarahd@phyins.com

26   Quorum April, 2012                                                                                                                                                                                                                 www.CoachellaValleyCAI.org      27
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