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