community bulletin october 2015

A quarterly Dispatch by CAI Oregon

community bulletin

Our Premiere Issue

Volume 1 Issue 1

Interested in advertising in Community Bulletin?

Contact [email protected]

[Inside Front Cover advertisement space]

http://www.caioregon.org/sponsorship/

http://www.caioregon.org


CONTENTS

DEFINING SUCCESS IN YOUR COMMUNITY

How do we know that the decisions we have made by being on a Board has had a positive impact on the community?

As Oregon experiences another case of community fund embezzlement, is your community ‘s money safe?

First-Party Insurance Claims for Property Damage: A Poten-tial Alternative to Special Assessments for Major Repairs

t EDITORSara EanniMarketing Committee Chair

h TEAMJed Spera, Layout & DesignTysen Bodewig Ed HamiltonDan GreenBriana Buck

i ADVERTISEInterested in advers-tising in Community Bulletin? Contact us at [email protected]

w WEBSITEwww.caioregon.org

This publication attempts to provide

CAI’s membership with information on

community association issues. Authors

are responsible for developing the logic

of their expressed opinions and for the

authenticity of all represented facts in

articles. CAI Oregon nor CAI necessarily

endorse or approve statemets of fact or

opinion made in these pages and assumes

no responsibility for those statements.

All articles and paid advertsing represent

the opinions of authors and advertisers

and not necessarily the opinion of CAI

Oregon or Community Associations

Institute. This publication is issued with

the understanding that the publisher is

not engaged in rendering legal, accounting

or other professional services and the

information contained within should not be

constituted as a recommendation for any

course of action regarding financial, legal,

accounting or other professional services by

CAI, the Oregon Chapter, or its authors or

adverisers. If legal advice or other expert

assistance is required, the services of a

competant professional should be sought.

EVENT

CALENDAR

3

page 24

page 28

page 19

page 7


Pres

iden

t’s M

essa

gePresident’s Message

Welcome to the inaugural issue of the CAI Oregon educational magazine.

CAI is an organization that encourages participation, education and social ac-tivities for all its members. This magazine is designed to keep you up-to-date on the latest and greatest information, and can be used as a valuable educational resource.

We welcome your input on this new venture and look forward to a wonderful Fall.

Sincerely,

Barb Casey

CAI Oregon 2015 President



[1/2 page horizontal advertisement space]

http://www.caioregon.org



i BOARD OF DIRECTORS

Barb CaseyPresident

Jed SperaPresident-Elect

Brad FinsonSecretary

Andrea KlopfensteinTreasurer

Briana BuckCAVL Director

Jason GroszBusiness Partner Director

Kathleen ProfittBusiness Partner Director

Josh RiceCAVL Director

Steve RusselBusiness Partner Director

lLegislative

Action Committee

Denise BowerDeana Doney

Karna GustafsonDavid SchwindtCheryl Brendle

Richard ThompsonRichard Vial

Scott BarrieLobbyist

v COMMITTEES

Jed SperaCAVL Taskforce

[email protected]

Angela ShinnCA Day Committee

[email protected]

Keller BaumEducation Committee

[email protected]

Julie BalestrariEvents Committee

[email protected]

Sara EanniMarketing Committee

[email protected]

Ryan HarrisMembership Committee

[email protected]

Jed SperaSponsorship Committee

[email protected]



[1/2 page island advertisement space]

kCentral Oregon

Regional Coucil

Greg Coxey |Council PresidentStephen Herr | President-Elect

Bill Anderson | TreasurerKarna Gustafson | Council Director

Terrie Harris | Council DirectorLarry Hinkle | Council Director

Coleen Leary | Council Director

wcontact usLaura McDermottExecutive Director

CAI-Oregon503.635.0742

[email protected]

For Inquiries/Comments/Feedback for this magazine, please contact the

Community Bulletin staff [email protected]

5




Notes from the Oregon Chapter Executive Director

Welcome to Community Associations Institute (CAI) Oregon! We are excited to offer this new quarterly magazine for our membership in 2016.

CAI Oregon is a not-for-profit organization specializing in Homeowner Association (HOA) and community manager education. We are a nationally backed organization with Commu-nity Manager designations recognized all over the United States. Along with being Amer-ica’s HOA advocate, CAI is the premiere not-for-profit organization in the HOA industry. If you happen to be a Homeowner or Board member looking for experts in the field, CAI is the first place to look.

My name is Laura McDermott, I am the Chapter Executive Director of the Oregon Chapter and have been for the past 3 and a half years. My role is to plan and facilitate educational programs for Board members, Home-owners and Community Managers through various educational luncheons, program meetings and networking events with industry experts. Our monthly luncheons are held every second Friday at the Multnomah Athletic Club. We also offer quarterly evening roundtable seminars for HOA homeowners only, PMDP courses for man-agers, a quarterly magazine and an Essentials course made especially for new Board members. All education-al programs are free for HOA homeowners with a CAI Oregon membership in 2016.

For more information about how to get involved in CAI Oregon please visit our brand new website at www.caioregon.org, or feel fee to call or email me at the office any time at [email protected] or 503 635 0742. Thanks for reading, and be looking for more editions of this magazine in the near future!

Not

es fr

om th

e E

xecu

tive

Dir

ecto

r





Upcoming events

September

23Wednesday

October

12Tuesday

November

13Friday

October

14Wednesday

November

5Thursday

October

9Friday

January

28Thursday

Homeowner Roundtable5pm Umpqua Bank S. WaterfrontOur first Board Member roundtable evening program. This is a free event for all attendees and exclusively for Board Members, Association Volunteer Leaders, and Association homeowners. Learn from other association members and ask your burning HOA questions to our three participating experts in the industry.

Portland Monthly Luncheon12pm Multnomah Athletic Club

Board Recalls - Checks & Balances for Bad Boards

Join us for our monthly luncheon for networking and education on this important topic for all communities and managers.

CORC Luncheon12pm Oxford Hotel, Bend

Dealing with Rentals

Please join our regional council for the October luncheon exploring the dos and don’ts of renting your association condominium unit or single family home.

New Member Reception4pm Columbia Bank Downtown

Welcome our new CAI Oregon mem-bers at this fun networking event!

Annual Meeting & Gala6pm Urban Studio, Portland

The Annual Meeting and Gala for CAI Oregon includes dinner, music, drinks, awards and Board of Directors election results. Our annual gala is a great social opportunity and our most attended social event of the year.

Portland Monthly Luncheon12pm Multnomah Athletic Club

Emergency Preparedness & Disaster Planning

If an earthquake happens, is your com-munity ready? Join us for this important topic on community preparation for all emergency situations.

2016 Kick-Off Event6pm Tiffany Center, Portland

A new year, a new format for this exciting event! This year, our Kick-off will introduce our upcoming education and networking offerings for the year. Additionally, we will have a short legislative update, Chapter Awards, raffle prizes, sponsorship sign-up discounts, and much more! Best of all, it’s free to attend!

7


New Faces @

CAI ORegon

Please join us in welcoming our new members and thanking our renewing members for their continuing support.

Are you interested in becoming a member of CAI Oregon, or know of someone that should join? Go to www.caioregon.org/join-cai for more information.

New

& R

enew

ing

Mem

bers

t AWBREY GLEN HOMEOWNERS ASSOCiATION Ed Hagstrom Larry Hinkle Jean O’Brien John Seaton Brown Thnompson IIIt Laurel West Condominium Sheila Corcoran Paulette Reidt Promenade at Bethany Village CJ Fredricksen Donna Fredricksen t Universtiy Park Condominium Jerry Desler Mary Jo Durand Stephen Frankt Wagon Trail Ranch Homeowners Association Ed Davis John Haynes Norm McCLung Mary Thorson Martin Willeyt Corbett Bancroft Judith Ramsleyt Silverstone Manor Doree Dennis

t summerfield townhomes Service Association no.1 Connie Jonest Other CAVL Members Barbara Blackstone Kenneth Kaufman Donna Sofaerl Aperion Management Bill Andersonl Ballas & Partners Mgmt John Ballas Mara Davisl Charbonneau country club Susan Stevensl Fieldstone management Bruce Leporel multiservices, inc. Debbie Colyer Jeremy Scheetz Mariah Rochelle-Stephensl The Management Group Janine Leyrerl Wyndham Vacation Ownership Cory Humblel bridgetown management Andrea Klopfensteinl Addtional Manager Members Valerie Sovern Kerry Ann O’Halloran

i charter construction Jeanne Crouch (Multi-State)i US Bank Gerard Lo Bue (Multi-State)i American Benefits Vern Newcombi columbia bank Andrew McKeckniei Empireworks Tysen Bodewigi Fournier Group Dirk Fournieri Northwest Bank Jenny Tesleri Schwindt & Co. David Schwindt i pacific premier bank Dan Denekamp (Nat’l Member)i servpro Jim Reaves (Nat’l Member)

8

http://www.caioregon.org/join-cai/



[full page horizontal advertisement space]



Editor’s Message

Welcome to the first edition of the CAI Oregon magazine publication, Commu-nity Bulletin. We are excited to produce this magazine for community members throughout Oregon to provide yet another useful educational resource.

The design of this magazine is to provide hot topic articles, stories and answers to questions from community owners and leaders. Each magazine will also include a classified directory of association service providers, upcoming events, Community Member spotlight, and much more. In future editions, both electronic and print editions will be available. The differentiator between Community Bulletin and any other publication is that our structure will be sustainable from the

outreach of community members. This is not just a one-way funneled publication where information is being sent out to communities with no feedback, but where commu-nity members take part in asking the questions, writing articles, and sharing their experiences. By providing a forum for members to interact with one another and leverage their knowledge of both good and bad expe-riences is what we hope to be a small part of building a bigger and stronger community. Why not learn from neighbors that have already dealt with similar issues? We encourage contribution from members and non-mem-bers of CAI-Oregon and our goal is to have a community sustaining subscription for years to come.

Through time, Community Bulletin will evolve, obtaining new sections and fine tuning others. This magazine will be built on the feedback received and involvement of others. We appreciate the support and are thrilled to be able to generate such a valuable resource to the commu-nity.

If you have feedback for the magazine, would like to write an article, or know of a manager or community member that we should spotlight, please feel free to contact us at [email protected].

Thank you,

Edi

tor’

s M

essa

ge



[1/2 page vertical advertisement space]

10



CAI ORegon NewsFall is an exciting time for CAI Oregon. As we reminisce about our two fantastic summer events, we begin to look forward to our new fis-cal year and several big events coming up!

k 2016 Sponsorship Opportunities

Our 2016 Sponsorship Opportunity packet will be released on September 11, 2015. We have several new sponsorship opportunities this year, including lower-cost sponsorship opportunities that we hope will encourage all of our busi-ness partner members to partcipate. We believe that being a sponsor, at any level, is a business growth opportunity for all of our vendor and manager partners. Our extensive list of networking and educational opportunities provides our sponsors with an important forum to introduce themselves to potential clients and create meaningful relationships within our membership and the community.

Our business partners will have two opportunities to take advantage of discounted rates for sponsorships:

Sponsorship Kick-offOctober 1, 2015 | 9:00 am | CAI Offices

We will be having a special event on October 1, 2015 to kick-off our 2016 sponsorship sign-up. If you attend our kick-off event on October 1st, you will receive 8% off of your entire order. The sponsorship kick-off will be held at the CAI Offices on October 1, 2015 at 9:00 am.

2016 CAI Oregon Kick-OffJanuary 28, 2016 | 6:00 pm | Tiffany Center

Our business partners and other vendor partners will have a second opportunity to purchase sponsorships at a 5% discount during our newly reformatted 2016 CAI-Oregon Kick-Off.

i Homeowner Roundtable Event

We are so excited to be offering this new and exciting event for our homeowner members. We know that many of our homeowner members are looking for a venue to be able to ask specific questions of HOA industry experts to help them through the unique situations that are affecting their commu-nities.

Our homeowner roundtables will be for homeowner mem-bers only and is also a free event. If you cannot make our September 23rd event, be sure to watch for announcements regarding the four additional roundtable events we will be holding in 2016.

If you are an industry expert, and would like to be a speaker at our roundtable events, please contact our Executive Direc-tor for more information at [email protected].

And for more information on our Rountable Event, please go to www.caioregon.org.

t 2016 Board Elections

In October, the call for nominees will be made. There will be three positions available on the Board of Directors. We encourage all of our members to consider running for the Board, but we especially encourge members that have a track record of volunteerism and participation in CAI Oregon events and Committees. If you have any questions about running for the Board of Directors, please feel free to contact our Executive Director at [email protected].

w Homeowner handbook

The Marketing Committee is hard at work producing a new hand-book for our community association volunteer leader members that will outline the basics of living in a homeowner’s association, as well as serving on your community’s Board of Directors. This new educational pamphlet will be a great way to introduce your new community members to living in a homeowner’s association as well as a great introduction to Community Assocaition Institute. Keep your eyes open for more information as this incredible tool is released.

q Call for committee volunteers

We have a fantastic group of volunteers at CAI-Oregon, and we are always looking for additional volunteers that are looking to make a contribution to our organization, especially homeowner volunteer leaders.

Being on a CAI Oregon Committee is a great addition to your resume, as well as increasing your experience in the governance of a non-profit organization. It’s also another way that CAI offers educational and networking opportunities to its members.

If you would like more information about being on a CAI Oregon Committee, please contact Executive Director, Laura McDermott, at [email protected].



[1/2 page vertical advertisement space]



[1/6 page advertisement space]





Around e

Town

Katie Campbell and Amanda Bielenberg of Vial Fotheringham pose at their winning booth. The theme this year was “Into the Woods”

Matt Korshoj of Paul Davis Restoration is ready to swing!

The Wave G Team is ready for an awesome day of golf!

Bob Nelson of Charter Construction and Joel McDonnel of CMI are excited to start the tournament.

Tony Rafel of Rafel Law Group took a break to practice his bean bag toss.

The Fournier Group made everyone feel welcome at Hole #1, and made sure no one left empty handed!

The Morrison Hershfield team waits for their turn on Hole 3.

Team InvestWest made sure they were both fashionable, and ready for the tournament theme.

On August 28th, CAI Oregon held its annual golf tournament at member association Charbonneau

Country Club in Wilsonville. The theme this year was “Into the Woods.” The nine-hole tournament had over

seventy participants. Congratulations to Charter Construction for their winning team, and to Vial

Fotheringham as the winning hole sponsor.

The JR Johnson tent was full of smiles this year!

Making sure everyone stayed on their game, the Summit Reconstruction team made this a real competition!

Pam Hill, here with the Bluestone & Hockley Team, was the ladies Longest Drive winner.

Larry Jackson of PREM is preparing his shot.

The Greenpointe Construc-tion team took time out to pose for a team photo.

Rachel and Michelle from Kennedy Restoration made all of the players feel at home on the course.

Team Profitt Law had a great day on the greens.

Schwindt & Co. was super excited about the cup-cakes and other goodies they were giving away at their hole.

Ask &

AnswerDo you have a burning question you would like Community Bulletin to answer? Send us your most difficult HOA related questions and the Community Bulletin staff will find

a local expert to answer. [email protected]

Ask

& A

nsw

er

QWhen hiring a vendor at your associ-ation, is simply requiring evidence of workers’ compensation enough cover-age?

A Here’s a scenario to help answer that question:

The height of the ceilings in the Common Area hall-ways made changing the light bulbs difficult. For years, the condominium association’s Board of Directors had relied on a licensed and insured electrical con-tractor to send out a worker each month to change the burned-out light bulbs as needed. It was usually the same electrician, John Bilinski, who was assigned to the project. A journeyman electrician with 20 years under his belt, John began to resent the monthly visits. Changing light bulbs was hardly challenging. John and his employer both knew the work drastically underutilized his knowledge and abilities. Maybe that’s why he fell from the ladder one early Friday morning. He had become overly confident; a bit too relaxed. The 18-foot aluminum extension ladder made a tre-mendous sound, competing only with the loud groan John emitted as both electrician and ladder crashed to the floor.

“Of course it’s a workers’ comp loss and it’s going under the electrical contractor’s policy, not our HOA’s policy.” the board president, Sally Johnston, confi-dently exclaimed when she was notified. “John is their employee. He doesn’t work for us.” Sally contacted the management company to confirm that the contractor had workers’ compensation coverage. She expressed a sigh of relief when a copy of the workers’ comp poli-cy declarations page was emailed to her smartphone.

If you think the carrier just paid this claim and walked away you’d be wrong. The manager had failed to ask the electrical contractor for a Waiver of Subrogation endorsement on the workers’ comp policy in favor of the HOA and the manager. Such an endorsement would have precluded the electrical contractor’s work-

ers’ compensation carrier from subrogating against both the Association and the management agent for the money paid to the doctors, the hospital and the injured worker.

Subrogation is a legal right reserved by an insurance carrier to pursue a party the insurance carrier hopes to prove was negligent and responsible for a covered loss. In this case, the workers’ comp carrier hoped to prove that the Association and the management agent were negligent and legally liable for the resulting damages.

The Association had no control over how John Bilinski com-pleted the tasks assigned to him so it’s hard to understand how liability could be assigned to them, but the ladder that he was using that particular day belonged to the Association, not to Mr. Bilinski or his employer.

The Association’s General Liability coverage typically con-tains an exclusion which eliminates coverage for work-relat-ed injuries. The management agent (also the target of the subrogation action) has a “premises only” provision which restricts their liability coverage to the management compa-ny’s physical address only (not the properties they manage). Nevertheless, the management agreement between the Association and the management agent requires the Asso-ciation to indemnify and hold the manager/management company harmless.

Another scenario that is becoming more common is com-munities that use the services of security guards or guard services among the association. Obviously, part of a security guard’s job description is to walk the premise to observe and report activities. If they injure themselves while walking the premises, a premises they should be indefinitely familiar with, it should be a claim that is reported under the vendor’s workers compensation policy. The vendor’s carrier should not reserve the right to subrogate against the association. As a result, it is recommended that a waiver of subrogation in favor of both the association and the management agent be obtained.

Best practices dictate that common interest developments require more than just evidence that the contractor or subcontractor have workers’ compensation coverage – but the workers’ compensation carrier must contain a Waiver of Subrogation endorsement in favor of both the Association and the management company – helping to eliminate the possibility that either entity might be the subject of a recov-ery/subrogation action down the road.

14

Since 1993 Columbia Bank has been tied to the community fabric of the Pacific Northwest. Columbia Bank is headquartered in Tacoma, Washington and represented by 150+ branch

offices in Oregon, Washington and Idaho. To remain an independent community bank, customer service and adapting to our clients ever changing needs re-mains our primary focus.

The engine behind our success has come in two very d i s t i n c t fashions;

we have acquired 11 financial insti-tutions to date and successfully inte-grated them into the Columbia Bank family. Our second path for growth is distinctively organ-ic and comes from serving our com-munity’s expand-ing needs.

One such area or niche is lending to Home-owner Associations. We have worked closely with HOA’s for the past eight years. In that time we have loaned much needed

project dollars to just about every type of association in the Northwest. Our unique understanding of the HOA space is directly tied to our longstanding relationships with the professionals that service the space (Commu-nity Managers, Attorneys, Building Envelope Engineers

and Contractors). We work closely with the aforementioned groups to form a partnership that creates an efficient pro-cess for the homeowner.

Columbia Bank offers two very specific services to HOA’s, the first is lending for a variety of project needs. These requests include construction defect litigation, construction defect litigation short-falls

and general repair/on-going maintenance for properties not in litigation (roofs, siding, windows, landscaping, parking lots,

club houses, decks) etc. We are sensitive to how the typical HOA is or-ganized and our loan structure and liens are very specific. Colum-bia Bank’s HOA lending policy doesn’t require appraisals or personal financial statements, and we don’t lien indi-vidual units. We “pig-gy-back” into the HOA’s right to assess and fur-thermore their right’s to collect said assess-ments. Second, is on

the deposit side. We offer an array of FDIC insured products, additional support and analysis related to reserve balances and the funding of each maintenance plan. Most important-ly, we are a community bank that makes local decisions, our HOA team makes all underwriting decisions and is able to communicate our conclusions, usually within 24 hours. We are here to help and hope when the need arises that you pick up the phone and contact our team.

Andrew McKechnie Vince MartinezRegional Manager/SVP HOA Manager/SVP503-789-1775 [email protected] [email protected]

Columbia Bank | Portland Fox Tower | 805 SW Broadway | Suite 2700 | Portland, Or 97205

http://https://www.columbiabank.com/





Educational Resources

CAI W e b i n ar s

CAI webinars offer specialized, professional training without leaving your home or office. Conducted via internet and audio teleconference, the programs are hosted by industry experts to keep you up to date on the latest legislative activity, management trends, industry best practices and subjects of special interest to community managers and home-owners. More than 150 on-de-mand webinars are now available, and new live webinars are added every month. Continuing edu-cation credit for management credentials is available.

Visit the CAI National Website at http://www.caionline.org/events/webinars/Pages/default.aspx.

Commun i t y A s s o c i at i o n Fact B o ok

The Community Association Fact Book was developed to support the Foundation for Community Association Research’s (an affil-iate of CAI National) mission of providing research-based infor-mation to all community associa-tion stakeholders - homeowners, board members, management professionals as well as attorneys, accountants, developers, mort-gage lenders, federal agencies, public officials and others - all who work with the Foundation and CAI to build better commu-nities. We owe an enormous debt of gratitude to CAI Past President Clifford J. Treese, CIRMS, presi-dent of Association Data, Inc., in Pleasanton, CA. His knowledge, energy, diligence and dedication brought this idea to fruition.

To view and download the 2014 Community Association Fact Book, as well as its accompanying data summaries, visit http://www.cairf.org/research/factbook/de-fault.aspx

CAI O reg o n B lo g

CAI Oregon is commited to pro-viding top notch education that is available to its membership at any time through our website, includ-ing regular articles about Associa-tion governance written by indus-try experts from the Northwest for our own CAI Oregon blog.

To visit the CAI Oregon Blog, visit our website at caioregon.org and click through to our blog via the option menu, or go directly to the blog at https://caioregon.word-press.com/

Our blog has recently featured articles on deck repairs and maintenance, garbage disposal dos and don’ts, and dealing with second-hand smoke in communi-ty associations.

CAI Oregon is dedicated to the education of homeowners and managers. Below is a small sampling of educational resources available to members.

Do you have an educational resource that you’d like to share? Let us

know by e-mailing us at [email protected].

Edu

cati

onal

Res

ourc

es



[full page horizontal advertisement space]



As communities built during the housing boom start to require major maintenance, what option does your

association have when confronted with more repairs than you bargained for?

tIn situations like these,

associations must sometimes choose between funding repairs through

unpopular special assessments and

financing or performing substandard repairs that fit

within the association’s tight budget.

There are some all-too-familiar scenarios playing out as community associations in the region contin-ue to age. For example, perhaps a community be-gins to repair or replace the siding, as called for in its reserve study, only to uncover severe hidden decay. Or a routine condition assessment reveals that the second-floor balconies require shoring to address unforeseen rot giving rise to safety concerns. May-be window leak repairs expose sheathing and fram-ing members that have been severely deteriorated.

In these and similar circumstances, the defining char-acteristics are that the repairs are extensive, expen-sive and unplanned-for. They fall well outside of the maintenance plan and already underfunded reserves. In situations like these, associations must sometimes choose between funding repairs through unpopu-lar special assessments and financing or perform-ing substandard repairs that fit within the associa-tion’s tight budget. Even worse, some associations choose not to evaluate the condition of their build-ings for fear of what might be uncovered. But for some associations, there may be a far better option.

What about property insurance? For years, building owners, managers and some attor-neys have been led to believe that property insurance policies do not cover damage relating to construction defects and that any damage that occurs over time is automatically excluded from coverage. The reason for this is twofold. First, covered claims often fall into the “sudden and accidental” category – think explod-ing water tanks, bursting pipes, damage to the build-ings from a car or other accidents, etc. Because these claims are commonplace, many start to think these are the only claims covered under a property policy.

Second, insurance companies have routinely denied claims whenever any sort of construction defect is in-volved or damage occurs over time, citing exclusions for construction defects or known conditions. In fact, most policies purport to exclude damage caused in any way by construction defects. But when a construc-tion defect, deferred maintenance, or other excluded peril (such as rot) is specifically excluded by a policy, there may be other ways of demonstrating coverage.

Establishing coverage under insurancepolicies requires careful analysis of the complex and often convoluted language as well as an under-standing of the interpretations given to the various policy terms used over the years. It is possible, for example, that even policies that exclude damage caused by construction defects may cover property damage in a state of so-called “collapse.” Depend-





ing on the exact language in the policy, “collapse” does not necessarily mean the building has to be falling down. In fact, courts often define collapse to include “substantial structural impairment,” which is a term subject to wide interpretation by experts.

Even policies that purport to limit collapse coverage to circumstances where all or part of the building has fallen down, there are less-than-obvious types of damage that might apply. For example, in Malb-co holdings, LLC vs. Amco Insurance, a case involving a hotel, a court found that mere partial decay in the ends of structural framing could qualify as collapse of part of the building under the relatively restrictive pol-icy language at issue. The point is that it is not always obvious what qualifies as a collapse even under policy language that seems severe. A layperson will not always be in the best position to know what the language means.

Obtaining coverage under the collapse provision is only one of a number of ways to potentially get coverage for damage to a build-ing. Depending on the language in the policy, a community may also be able to establish coverage if the damage was caused in part by a “covered peril” such as “wind driven rain” or “hidden decay.”

“First party claims” as these claims are sometimes called, can be made against property insurance poli-cies going back for many years. A “first party claim” is simply a claim that a community associa-tion makes for coverage under its own insurance policies. Gener-ally, these are claims on its prop-erty policies. These claims differ from “third-party claims,” which are generally made on liability poli-cies. In third-party claims, a plaintiff sues a defendant and the plaintiff’s recovery comes from the defend-ant’s liability insurance – the insurance pays a “third party,” not the one who purchased the insurance.

First party claims are especially beneficial for commu-nities that have discovered substantial damage, but that are beyond the time limits for bringing claims against developers or contractors for construction de-fects. Most often, these are communities that are old-er than ten years. Especially where other avenues of recovery are exhausted, researching the likelihood of recovery on a first party claim should be part of every building owner’s due diligence before resorting to

special assessments or funding the repairs themselves.

Unlike construction defect litigation, many first par-ty claims can be resolved without need for litigation. Sometimes, however, when the parties cannot agree, a suit may be filed to have the language in the poli-cy interpreted or to determine appropriate damages.

To determine whether a community has a chance of recovering money under its historical property insur-ance policies, there are two primary aspects to care-fully consider: (1) the nature and history of defects or damage to the building, and (2) the language in the property insurance policies dating back to the earliest possible date of damage. Through review

of these two components, ex-perienced counsel should in-itially assess the likelihood of recovery under these policies. Because these types of claims are potentially high dollar value and involving the most complex cov-erage language, it is not uncom-mon for insurance companies to initially deny claims for a variety of reasons. It is also possible that the very language used when an asso-ciation submits its claim to the in-surance company may jeopardize whether it is successful in trigger-ing coverage. A familiar example is when a well-meaning building consultant uses a catchall term like “mold” to describe property dam-age, where the policy plainly ex-cludes coverage for mold damage.

There are many such pitfalls. In fact, in one of Oregon’s very few reported cases on the subject, Association of Unit owners of

Nestani vs. State Farm, the community association was precluded from recovery because its expert was unable to address the timing of the damage and structural impairment where insurance poli-cies covering multiple time periods were implicat-ed. This also underscores the need to hire experi-enced and well-qualified experts with a track record or demonstrated ability to support first-party claims. What’s the risk of pursuing a claim? Many associations fear the impact of first-party claims on the insurability of the community going forward. The thought is that exploring a claim will show up on the community’s “loss run” and make future insurance impossible to obtain or cost prohibitive. This need not be the case if a thoughtful approach is taken.First, merely reviewing available insurance policies to

The thought is that exploring a claim will

show up on the community’s “loss

run” and make future insurance impossi-ble to obtain or cost

prohibitive. This need not be the case if a

thoughtful approach is taken.




[Full Page advertisement space]




determine if a claim is possible should not impact in-surability. The loss run is impacted by claims made and paid, not the mere request for insurance policies, and certainly not by the analysis of the policies by counsel. It cannot hurt for an association to evaluate its options. Second, there may be historical policies that a com-munity can make claims under that will not show up on the loss run regardless if a claim is paid. Ex-perienced counsel can advise on policies that may or may not show up on the loss run—frequently policies greater than three years old—and recom-mend a strategy for making a claim on the various available policies based on the policy language, the timing of the policy and the observed damage. Finally, a community must always consider the like-ly impact on the cost of insurance going forward relative to the range of potential recovery. The idea here, using hypothetical numbers, is that even the doubling of a $15,000 cost of a property insurance policy to $30,000 for three years may pale relative to the chance of recovering $250,000 under the policy. The real risk is in failing to analyze and identify a po-

tential option or waiting too long to make a claim. Al-most all insurance policies have claims limitations pro-visions that require a claim be made within just one or two years of “discovery.” Discovery can mean a lot of things and the mere knowledge of some damage may not preclude all claims. The best advice is to take action to analyze a community’s options as soon as damage is discovered and to let experienced counsel determine if too much time has elapsed to make a viable claim.

In summary, first party insurance claims may be an option for communities facing substantial and un-anticipated repair costs. Communities should al-ways consider such claims among other options in evaluating sources of funds for needed repairs.



[1/2 page island advertisement space]





DEFINING THE SUCCESSFUL COMMUNITY...

If you have sat on a homeowners’ association board, you are well aware of the (hopefully only occasional) frustra-tion that comes with a Board meeting where two of your fellow board volunteers are having a verbal knife-fight over a decision. Having made up your mind long before the meeting ever started, you are only half paying atten-tion to the discussion, likely doodling something on the inch-thick mound of paper that you have in front of you, or discreetly trying to signal your community manager or Board Chair to make this tedious exchange end…

As you sit there waiting, you wonder why you volun-teered to be on the Board anyway…was it for the excite-ment of the Board meetings or the glory that comes with being on the Board? Obviously not. You wanted to make a difference, right? You thought maybe, just maybe, the great ideas you had for your community would have a place to take root and grow when you joined the Board of Directors.

And has that happened? Despite the tedious meetings and struggle to be heard, your participation has im-proved your Association; made it better for everyone!

….Maybe?...

…even just a little…

How do we know that the decisions we have made by be-ing on a Board has had a positive impact on the commu-nity? Or rather, how do we know that what we have done has made our community a success? Is your community

Your community doesn’t have to feel like Stepford, Connecticut to be

successful.

successful because everyone knows all their neighbors, has great block parties, and everyone’s children are best friends?

And that is the ideal we all strive for, correct? We all want a quiet little community, where the buildings look brand new, the landscaping mimics the gardens at Versailles, and there are absolutely no rules violations because everyone follows every rule without question. We’ve all imagined that if we just had that, everything would be great and those Board meetings would be a half hour long and would primarily involve the consumption of wine and good conversation.

And that’s probably not a realistic way to look at success.

So what does a successful community look like and how does it get there? Does a successful community have a look, or is it defined another way? Cautionary anecdote says to never judge a book by its cover; is anyone able to attribute success solely on a drive through the commu-nity and a glimpse at the interactions between its com-munity members?

In his articles entitled The Secrets of Successful Commu-nities, Ed McMahon (not the guy that brings giant paper checks to your door) has a list of seven characteristics a successful community should hold:

1. Have a vision of the future2. Inventory community assets

DEFINING THE SUCCESSFUL COMMUNITY...

3. Build plans on the enhancement of existing assets4. Use education and incentives, not just regulation5. Pick and choose among development projects6. Pay attention to community aesthetics7. Have strong leaders and committed citizens

Let’s look at each of these individually and mull over them a bit more. Mr. McMahon was writing about com-munities in a larger sense (towns, boroughs, etc.), so we can exam how a community association Board might at-tempt to evaluate its success on these terms.

A Vision of the FutureWhat would you expect your community to look like 5, 10, or 20 years from now? If you continue on the path you have with maintenance, how will your buildings appear? What type of ownership do you have? Families? Young couples? Retirees? What new facilities will you have, if any? What improvements are needed?

As a Board, have a plan for what your community will look like in the future, both in terms of the facilities and your community’s demographics. This will help you plan your community’s long term goals. What facilities need to be improved in these time frames? Does your commu-nity require additional facilities like a club house, pool, or fence?

And as you consider your strategic goals, don’t forget to

consider your Board of Directors; recruitment is a huge issue for most Association’s and its one that most Asso-ciation’s do not think about until a crisis occurs (e.g. that Board President of ten years has just sold his condo, or you are losing two of your three Board members and no one wants to be on the Board).

Strategic Planning is a tool that absolutely every commu-nity should be using to create a policy about long term planning.

Inventory Your Community AssetsIf you don’t have a reserve study and maintenance plan that includes a list of the common area and limited com-mon area components of your association, you have al-ready failed. There is a reason that most states are re-quiring reserve studies for homeowner’s associations; if you don’t know what you have, how can you possibly make informed decisions about what you need to do to maintain it?

Additionally, know who lives in your community. Your community’s population is another asset, and if you don’t know how many people actually live there and what needs they have, you will never be able to make a decision about the needs of the community in an in-formed way.

Build Plans on the Enhancement of Existing AssetsHow often have you heard someone in a Board meeting lament about the lack of initial planning and foresight by

25

the developer of your community? “They should have known we would need more parking spaces!” “What were they thinking when they planted so many trees in this small area?!?” This list likely goes on and on for your community.

And while those laments may be valid, they also don’t help solve the problem. If you have too little parking, find ways of using what you do have to its maximum poten-tial. If you lack usable common spaces, find resources for your community to use other spaces. No community was planned perfectly; part of the responsibility of the Board is to find ways to maximize the resources the community already has. If you don’t know how to do that as a Board, hire consultants that can assist you so that you can tell your community members that you made informed, well-researched decisions to address their concerns in a way that doesn’t over-extend your Association’s budget or resources.

Use Education and Incentives, Not Just RegulationYou have all heard it before… “You catch more flies with honey.” So why do we forget this when it comes to our communities? If you have a rule that is being broken on a regular basis, or one that seems to particularly upset your community members, consider how you can meet

the needs of the Board while also meeting the needs of your owners. Did your Board clearly and concisely delineate the reasons for the rules? Is your Board com-municating regularly with its members about the conse-quences of rules violations? Has your Board followed the procedures for the violation process and have you com-municated that process in a clear and concise manner?

And don’t forget to reiterate why it’s a good thing to fol-low the rules. Most people will respond positively when they feel their needs are being heard; clearly commu-nicate with violators how having these rules meets the needs of the community (and what that need is), and why breaking rules impedes meeting those needs.

Reciprocally, evaluate the need of the violator and what needs they met by committing the violation. This may be an opportunity for your Board of Directors to consider changing a policy that can ensure both needs are met.

And don’t be afraid to incentivize sticking to the rules of your association. Consider providing a rules violator with lowered rules violation assessments if they correct an action in a timely fashion. But don’t forget that what-ever incentives you provide, they should be delineated in a policy so that it is done in an equitable fashion and in








a manner consistent with the legal requirements for the rules violation process.

Pick and Choose Among Development ProjectsYour community is never going to be successful if it ca-ters to every request from a homeowner or goes bank-rupt doing every project it wishes to do. You probably can’t replace the roof, paint every building, overhaul the landscaping, and have a community barbeque all in the same year, even if that is what your community members want.

Prioritize projects by having set criteria for evaluating re-quests and needs. Maybe you utilize a system that gives priority to the projects with the highest impact. Or you may prioritize by cost. Whatever criteria you choose, be sure that you clearly define the criteria and follow it so that community members do not feel like a decision was made subjectively. And most important of all, be sure that the criteria you use is communicated to your com-munity clearly.

Pay attention to Community AestheticsThis is another no-brainer. No one wants to live in an ugly community. In fact, its likely that a major factor in a person’s decision to move to your community was based on how the community looked. Your Board may want to prioritize the aesthetics of your community by allocating additional time and funding to facility upkeep (especially projects that increase the beauty of your common areas and facilities), landscaping, and cleanliness.

Part of your community’s success will be defined by how quickly its members can sell their homes, so give prop-er consideration to requests of homeowners that are selling. Your community may even go so far as hiring a consultant or realtor to share their thoughts about the potential roadblocks your community may have to at-tracting new homebuyers.

Have Strong Leaders and Committed CitizensThis is perhaps the most important characteristic. Your Board should prioritize recruitment and retention of vol-unteers for committees and the Board. Burn-out is a big problem with associations that rely on volunteers to gov-ern and handle aspects of the day to day operations of your community (this is especially true for self-managed associations). Be sure that you are not over-extending any single volunteer or relying too heavily on their par-ticipation. Additionally, always be thinking about recruit-ment and how you can encourage new participation.

Part of your Association’s success in this area will come from having proper policies and procedures, and be sure your Board is in alignment (i.e. be sure your Board has strategic goals that everyone has agreed to, even if individual members do not always agree on the deci-sions).

These tools help set goals so that as a Board, you can plan for the continued success of the community you represent. Maybe you have additional characteristics you judge your community by; there is no right or wrong here. As a Board, you should come together to decide how you will define your success and by what factors you will measure that success. And once you have decided, don’t forget to continue to look at your goals on a regular basis, or set a policy for measuring your success that is reviewed frequently. This will guide your daily operating decisions, as well as your long terms goals and strategies to ensure you remain successful.

For more information about Ed McMahon, and to down-load his full article on the Secrets to Successful Commu-nities, follow this link: http://plannersweb.com/2013/07/the-secrets-of-successful-communities-part-1/




27





IS YOUR MONEY SAFE?

With yet another incident of HOA fund embezzlement allegedly occuring in Oregon, is your association doing what it can to protect your community’s funds?

lUNFORTUNATELY, THE PROPERTY MANAGER’S BOND MOST LIKELY

WILL NOT COVER THE FUNDS OF THE ASSOCIATION...

R ecently there has been quite the scare with management companies allegedly embezzling association funds, leaving associations to scramble and pick up

the pieces while still trying to operate. And while money may not be available, the bills do not stop, and unless the association has insurance to cov-er their expenses, it can really put a damper on the bottom line. The goal for criminals is to steal cash and they will do it anyway they can, hop-ing to not get caught. The consequence of this is that criminals are becoming more creative in their tactics. It is vital that community associa-tions take measures to make sure they are pro-tected.

Fidelity insurance protects the community association against employee dishonesty that may lead to theft, fraud, or embez-zlement of association money, securities

or property. An association would want to make sure that compensated employees, directors and officers and employees of the management company are insured under their crime policy. Unfortunately, the property managers bond most likely will not cover the funds of the asso-

ciation and principals of management firms are not covered on the manage-ment companies bond either. Plain and simple, an association cannot rely on the management company’s policy to pick up the crime coverage.

How much coverage does an association need? The amount of coverage can vary depending on the require-

ments of the association governing documents; however, due to lending re-quirements, the association must have coverage in amounts equaling at least three-months association dues, PLUS all reserve funds (including amounts an-ticipated in the reserve accounts during the term of the coverage). The coverage amount needed can change frequently as monthly assessments are paid and needs to be re-evaluated often.

In today’s age, it seems that a major-ity of organizations are relying on online banking, computers or other sources of electronic cash manage-

ment. There is no way to fully protect yourself when using online services and the risk of being hacked is higher than ever. Hot topics that associations need to be aware of are “computer fraud” and “funds transfer”. These coverages are important as increased number of hack-ers continue to target associations us-ing electronic means to embezzle from consumers. To a hacker, it is easy to get into an account and drain an asso-ciation’s funds prior to the association knowing and transferring the money to off shore accounts making it very diffi-cult to find. To complicate matters fur-ther, a computer is not need to commit fraud. It could be taken by cable, facsim-ile, telephone instruction, telegraphic etc. This kind of situation may not be covered under employee dishonesty, as hackers are not under the definition of an employee.

THERE IS NO WAY

TO FULLY PROTECT

YOURSELF WHEN USING

ONLINE SERVICES




29



classified service directory

Business Ally, PCPO Box 3155Salem, OR 97302-0155Tel: (503) 485-1983

Ihde CPA14845 SW Murray Scholls Dr Ste 110Beaverton, OR 97007-9237Tel: (503) 475-6478www.ihdecpa.com

Schwindt & Co. Certified Public Accountants3407 SW Corbett AvePortland, OR 97239-4621Tel: (503) 227-1165www.schwindtco.com

Williamson & Associates, LLP4949 Meadows Rd Ste 375Lake Oswego, OR 97035-3162www.willamsoncpa.com

Aldrich Eike, P.C.621 SW Morrison St Ste 1050Portland, OR 97205-3822Tel: (503) 226-7045www.aldrichlawoffice.com

Bagby Law Firm LLC10260 SW Greenburg Rd Ste 400Portland, OR 97223-5515Tel: (503) 931-2601www.bagbylegal.com

Ball Janik, LLP101 SW Main St Ste 1100Portland, OR 97204-3219Tel: (503) 228-2525www.balljanik.com

Barker Martin, P.S.319 SW Washington St Ste 420Portland, OR 97204Tel: (503) 796-9806Tel: (360) 639-6600www.barkermartin.com

Accountants/Accounting Services

Attorneys

Carpentry/Construction Services/Siding/Waterproofing

Buckley Law PC5300 Meadows Road, Ste 200Lake Oswego, OR 97035Tel: (503) 620-8900www.buckley-law.com

Dunn Carney Allen Higgens & Tongue LLP851 SW 6th Ave Ste 1500Portland, OR 97204-1352Tel: (503) 417-5373www.dunncarney.com

Elasser Law Office7327 SW Barnes Rd #117Portland, OR 97225-6119Tel: (503) 477-9116

Karnopp Petersen et al.1201 NW Wall St Ste 300Bend, OR 97701-1957Tel: (541) 382-3011www.karnopp.com

Landerholm P.S.805 Broadway St Ste 1000Vancouver, WA 98660-3343Tel: (360) 696-3312www.landerholm.com

Landye Bennett Blumstein, LLP1300 SW 5th Ave Ste 3500Portland, OR 97201-5641Tel: (503) 224-4100www.landye-bennett.com

Office of Gregory W. Byrne4248 Galewood St #3Lake Oswego, OR 97035-2405Tel: (503) 323-9100www.gbyrnelaw.com

Profitt Law PC10121 SE Sunnyside Rd., Ste 300Clackamas, OR 97015Tel: (503) 908-1229www.profittlaw.com

Rafel Law Group, PLLC600University St Ste 2520Seattle, WA 98101-3302Tel: (206) 838-2660www.rafellawgroup.com

Vial Fotheringham, LLP17355 SW Boones Ferry Road, Suite ALake Oswego, OR 97035Tel: (503) 684-4111www.vf-law.com

Stoel Rives, LLP900 SW 5th Ave, Ste 2600Portland, OR 97204-1235Tel: (503) 294-9215www.stoel.com

Wyse Kadish LLP621 SW Morrison St Ste 1300Portland, OR 97205-3816Tel: (503) 517-8115www.wysekadish.com

3M3M CenterSt. Paul, MN 55144-1001Tel: (651) 733-7750

A Cut Above Construction12985 NW Cornell Rd Ste 300Portland, OR 97229-5923Tel: (503) 643-8951www.acutaboveconstruction.com

Attorneys Attorneys

classified service directoryConcrete & Walkway Repair/

Slabjacking

Engineers/Engineering Services/Builidng Scientists/Consulting

Applied Exteriors9140 SE 145th AveHappy Valley, OR 97086-5706Tel: (503) 757-7181www.appliedexteriors.com

Charter Construction, Inc.3747 SE 8th AvePortland, OR 97202-3701Tel: (503) 546-2600www.chartercon.com

GreenPointe Design &Construction, Inc.16313 Oak Tree TerraceOregon City, OR 97045Tel: (503) 756-2404www.greenpointedc.com

I & E Construction, Inc.9550 SE Clackamas RdClackamas, OR 97015-9074Tel: (503) 655-7933www.iandeconstruction.com

J.R. Johnson, Inc.9425 N Burrage AvePortland, OR 97217-6966Tel: (503) 240-3388www.jrjohnsoninc.com

Pete Fowler9320 SW Barbur Blvd Ste 170Portland, OR 97219-5439Tel: (503) 246-3744www.petefowler.com

Sean Gores Construction, Inc.PO Box 1519Clackamas, OR 97015-1519Tel: (503) 723-7500www.sgores.com

Summit Reconstruction818 SW 3rd Ave #145Portland, OR 97204-2405(503) 403-9270

Carpentry/Construction Services/Siding/Waterproofing

Safe Sidewalks, LLCPO Box 22174Milwalkie, OR 97269-2174Tel: (971) 275-0885www.safesidewalks.com

Alliance Project Engineers & Construction Consultants123 NE 3rd Ave Ste 308Portland, OR 97232-2992Tel: (503) 810-1585www.afbc-nw.com

CARSS dba BEDIC16438 SW Olson Ct.Beaverton, OR 97007-2025Tel: (503) 686-5665www.bedic.net

Energy Trust of Oregon620 SW 5th Ave, Suite 400Portland OR 97204-1419Tel: (503) 243-7377www.energytrust.org/multifamily

Forensic Building Consultants1200 NW Naito Pkwy Ste 100Portland, OR 97209-2831Tel: (503) 772-1114www.forensicbuilding.com

Hays Consulting, LLC1206 NE 75thPortland, OR 97213Tel: (503) 757-3286www.hays-consulting.com

J2 Building Consultants Inc.17 SW Gibbs StPortland, OR 97239-4660Tel: (503) [email protected]

Morrison Hershfield5100 SW Macadam Ave Ste 500Portland, OR 97239-3831Tel: (503) 595-9128www.morrisonhershfield.com

RDH Building Sciences2101 N 34th St Ste 150Seattle, WA 98103-9158Tel: (503) 243-6222www.rdhbe.com

Alliance Association Bank227 Bellevue Way NE Ste 531Bellevue, WA 98004Tel: (206) 327-0496www.aafin.com

Association Capital Bank, Division of Texas Capital Bank33 Grandview DrLebanon, CT 06249-1144Tel: (860) 942-7902www.acapbank.com

Columbia Bank805 SW Broadway Ste 2700Portland, OR 97205-3366Tel: (503) 478-1700www.columbiabank.com

Country Financial1468 NE AlbertaPortland, OR 97211Tel: (503) 764-9826www.countryfinancial.com

First Citizens Bank309 SW 6th Ave Ste 100Portland, OR 97204-1764Tel: (503) 276-6000+www.firstcitizens.com

Financial Services

Engineers/Engineering Services/Builidng Scientists/Consulting

31

Mutual of Omaha Bank10002 Aurora Ave N Ste 36 #615Seattle, WA 98133-9348Tel: (206) 650-1368www.mutualofomahabank.com

Northwest Bank4900 Meadows Road, Suite 410Lake Oswego, OR 97035-3298Tel: (503) 906-3955

Pacific Premier Bank17901 Von Karman Ave Ste 1200Irvine, CA 92614-5248Tel: (949) 864-8078www.ppbi.com

Popular Association Banking7900 Miami Lakes Dr WMiami Lakes, FL 33016-5816Tel: (800) 233-7164www.bpop.com

U.S. Bank Property Management – HOA Division10800 NE 8th St Ste 1000Bellevue, WA 98004-4464Tel: (866) 375-8615www.usbank.com

Union Bank3320 Holcomb Bridge RdNorcross, GA 30092-3240Tel: (678) 405-1759www.unionbank.com

Finmark Property Services, LLC8383 NE Sandy Blvd, Suite 208Portland OR 97220-4948Tel:(503) 704-8951www.finmarkps.com

Metro Overhead Door2525 NE Columbia BlvdPortland, OR 97211Tel: (503) 595-4716www.metrogates.com

American Benefits, Inc.9755 SW Barnes Rd Ste 290Portland, OR 997225-6609Tel: (503) 292-1580www.abipdx.com

American Family Insurance15573 Bangy Rd Ste 220Lake Oswego, OR 97035-3396Tel: (503) 924-2200www.larrytompsonagency.com

Associations Insurance Agency, Inc.5401 N Central Expy Ste 200Dallas, TX 75205-3347Tel: (877) 367-9298www.associationsinsuranceagen-cy.com

Fournier Group510 SW 5th Ave, Suite 701Portland OR 97204-2140Tell: (503) 251-2255

Hays Companies5285 SE Meadows Rd Ste 451Lake Oswego, OR 97035-3166Tel: (503) 624-4751www.hayscompanies.com

Ian H. Graham Insurance15303 Ventura Blvd Fl 12Sherman Oaks, CA 91403-5817Tel: (800) 621-2324www.ihginsurance.com

Timothy Cline Insurance Agency, Inc.121 SW Salmon St. 11th floorPMB #1218Portland, OR 97204Tel: (503) 345-8005www.timothycline.com

Dennis’ Seven Dees Landscaping7355 SE Johnson Creek BlvdPortland, OR 97206-9329Tel: (503) 777-7779www.dennis7dees.com

GrowCo Landscaping 164 Harding BlvdOregon City, OR 97045-3225Tel: (503) 6555454

Landscape East & West, Inc.PO Box 430Clackamas, OR 97015-0430Tel: (503) 256-5302www.landscapeeast.com

Northwest Landscape Service19350 SW 89th Ave Ste BTel: (503) 486-5154www.nlswa.com

Pacific Landscape Management21555 NW Amberwood DrHillsboro OR 97124-6928Tel: (503) 648-3900

Showplace Landscape ServicesPO Box 746Wilsonville, OR 97070-0746Tel: (503) 682-6006www.showplacelandscape.net

Signature Landscape Care21375 NW Cherry LnHillsboro, OR 97124-6691Tel: (503) 673-0142www.landscapecare.com

classified service directoryFinancial Services

General Maintenance Services

Insurance/Risk ManagementInsurance/Risk Management

Landscape Maintenance

Garage/Gate

Springtime Landscape & Irrigation, Inc.62990 PlateauBend, OR 97701-5874Tel: (541) 389-4794www.springtimeirrigation.com

TruGreen LandCare, LLC22901 NE Sandy BlvdFairview, OR 97024-9655Tel: (503) 867-7741www.landcare.com

Valley Crest Landscape Maintenance 24151 Ventura BlvdCalabasas, CA 91302-1449www.valleycrest.com

ValleyScapes150 NE Hogan DrGresham, OR 97030-7910Tel: (503) 492-4736www.valleyscapes.com

Willamette Landscape Services18480 SW Pacific DrTualatin, OR 97062-8057Tel: (503) 625-9600www.willamettelandscape.c

Aperion Management Group20310 Empire Ave Ste A 103Bend, OR 97701-5723www.aperionpropertymgmt.com

Belusco Consulting, LLC7131 NW Penridge RdGresham, OR 97229-6803Tel: (503) 296-0428www.belusco.com

Bluestone & Hockley9320 SE Barbur Blvd Ste 300Portland, OR 97219-5405Tel: (503) 222-3800www.bluestonehockley.com

BPM Management1800 SW 1st Ave Ste 180Portland, OR 97201-5362Tel: (503) 595-3041www.bpmcondos.com

Bridgetown Community Manage-ment7106 SW Terwilliger BlvdPortland, OR 97219-2255Tel: (971) 258-2826www.bridgetowncm.com

BuildingLink.com695 Pylant St NE Unit 231Atlanta, GA 30306-3728Tel: (212) 501-7117www.buildinglink.com

CINC Systems1130 Hurricane Shoals Rd NE Ste 1300Lawrenceville, GA 30043-4871Tel: (678) 205-1465www.cincsystems.com

CiraConnectPO Box 803555Dallas, TX 75380-3555Tel: (972) 380-3538www.ciraconnect.com

Commercial Property Management718 Black Oak Dr Unit AMedford, OR 97504-8580Tel: (541) 773-6400www.cpmrealestateservices.com

Community Alliance, LLCPO Box 3909Sunriver, OR 97707-0609Tel: (541) 771-1390

Community Association Partners, LLCPO Box 2429Beaverton, OR 97075-2429Tel: (5063) 546-3400www.capartners.net

Community Management, Inc.2105 SE 9th AvePortland, OR 97214-4653Tel: (503) 233-0300www.communitymgmt.com

Crystal Lake Property Management204 SE Miller AveBend, OR 97702-1304Tel: (541) 617-7006www.crystallakepm.com

Fieldstone Management, LLCPO Box 700Bend, OR 97709-0700Tel: (541) 385-7799www.fieldstonemanagement.com

High Desert Community ManagementPO Box 235Bend, OR 97709-0235Tel: (541) 419-2971

Income Property Management Company721 SW Oak St Ste 100Portland, OR 97205-3717Tel: (503) 223-3843www.impco.com

Invest West Management12503 SE Mill Plain Blvd Ste 260Vancouver, WA 98684-4008Tel: (360) 245-5700www.investwestmgmt.com

Landscape Maintenance


Management Services/Consulting/Software



33

Kappes Miller Management50 SW Pine StPortland, OR 97204-3535Tel: (503) 296-0428www.kappesmiller.com

Main Management14983 NW Elaina LnPortland, OR 97229-0945Tel: (503) 793-8499

Mile High ManagementPO Box 9489Bend, OR 97708-9489Tel: (541) 598-7662www.milehighmgmt.com

Multi-Services, Inc.1500 NE Irving St Ste 414Portland, OR 97232-4208Tel: (503) 222-7073www.msipm.com

Northview Community ServicesPO Box 1215Redmond, OR 97756-4000Tel: (541) 548-9300

Pinnacle Family of Companies8328 SE Aspen Summit DrPortland, OR 97266-9218Tel: (503) 973-9202www.pinnaclefamily.com

Resort Resources, Inc.516 SW 13th St Ste 201Bend, OR 97702-2688Tel: (541) 639-8094

Riverside Management Company, Inc.8919 W Ardene StBoise, ID 83709-2686Tel: (208) 378-7676

Salishan Leaseholders, Inc.PO Box 219Gleneden Beach, OR 97388-0177

Schooner Landing ResortPO Box 703Newport, OR 97365-0050Tel: (541) 265-4293www.schoonerlanding.com

Senior Estates Gold and Country Club1776 Country Club Rd.Woodburn, OR 97071-2348Tel: (503) 989-8686www.seniorestategold.com

\Spectrum Real Estate Advisors, Inc.1125 SE Division St Ste 209Portland, OR 97202-2567Tel: (503) 235-5743www.sectrumrea.com

Sterling Community Management, Inc.PO Box 25469Portland, OR 97298-0469Tel: (503) 292-4305www.sterlingcmi.com

Superior Community ManagementPO Box 4585Tualatin, OR 97062Tel: (503) 684-1832www.superiorcommunity.com

The Management Group, Inc.15350 SW Sequoia Pkwy Ste 200Portland, OR 97224-7172Tel: (503) 598-0552www.tmgnorthwest.com

Turner Northwest Community Management10725 SW Barbur Blvd Ste 350Portland, OR 97219-8681Tel: (503) 297-1014www.turnernorthwest.com

Woollard Ipsen Management, LLC132 W Main St Ste 201AMedford, OR 97501-2703www.woollardipsenmanage-mentllc.com

WorldMark by Wyndham, Seaside26 Avenue ASeaside, OR 97138-5702Tel: (503) 298-9953www.wyn.com

WorldMark by Wyndham, Southern Oregon4027 Monrovia WayKlamath Falls, OR 97603-7712Tel: (541) 850-5725www.wyn.comWorldMark by WyndhamPO Box 626Leavenworth, WA 98826-0626Tel: (360) 665-5211www.wyn.com

Wyndham Vacation Ownership5432 Running Y RdKlamath Falls, OR 97601-8643Tel: (541) 850-5725www.wyn.com

MeterNet145 E Fig St Ste CFallbrook, CA 92028-2872Tel: (800) 985-1179www.mkrhost.com

Behr Paint and Kilz Primers11135 SW Novare PlaceTigard, OR 97223-3946Tel: (503) 332-5393www.behrpro.com

CertaPro Painters, Ltd.1501 SE 121st AveVancouver, WA 98683-6244Tel: (360) 260-1460www.certapro.com

EmpireWorks Painting and Reconstruction5699 DE International Way Ste C2Milwaukie, OR 97222Tel: (702) 610-3601www.empireworks.com

classified service directoryManagement Services/Consulting/

SoftwareManagement Services/Consulting/

Software

Metering/Sub-Metering Services

Painting Contractors


Laurus Management, Inc. dba CertaPro of West Linn2050 Beavercreek Rd Ste 101-233Oregon City, OR 97045-4301Tel: (866) 537-1742www.certapro.com

Portland Painting and Restoration924 SE Stephens St.Portland, OR 97214-4648Tel: (503) 238-7003www.paintpdx.comVerhaalen Painting, Inc.PO Box 910Oregon City, OR 97045-0910Tel: (503) 657-5570

Webfoot Painting Company20685 Brinson Blvd, Suite 4Bend, OR 97701-8741Tel: (541) 420-4140www.webfootpainting.com

Reliant Plumbing & Mechanical11575 SW Pacific Hwy #219Portland, OR 97223-8671Tel: (503) 246-1201www.reliantplumbing.com

Alpha Ecological1200 NE 112th AveVancouver, WA 98684-4953Tel: (360) 885-4000www.alphaecological.com

Advanced Reserve Solutions, Inc.392 Fir Ave Ste 101Reedsport, OR 97467-4400Tel: (541) 271-1292www.arsinc.com

BRG Northwest, LLCPO Box 633Emmett, ID 83617-0633Tel: (208) 365-0977www.browningrg.com

Regenesis, Inc.PO Box 19605Portland, OR 97280-0605Tel: (503) 977-7974www.regenesis.com

Reserve Studies by Reserve Funding16869 65th Ave Ste 366Lake Oswego, OR 97035-7865Tel: (800) 301-3411www.hoareserves.com

ReserveStudyupdate.com LLCPO Box 66778Portland, OR 97290-6778Tel: (503) 862-9349www.reservestudyupdate.com

Alegis Restoration, Inc.6900 SW Atlanta St Ste BPortland, OR 97223-2514Tel: (503) 427-6065www.alegisconstruction.com

Har-Bro West10898 SW Tualatin Sherwood RdTualatin, OR 97062-7575Tel: (503) 863-0945www.harbro.com

Kennedy Restoration315 SE 7th AvePortland, OR 97214-1233Tel: (503) 234-0509www.kennedyres.com

Paul Davis Restoration of Greater Portland13565 SW Tualatin Sherwood Rd. Ste 100Sherwood, OR 97140-9741www.restorationportland.com

RWC Restoration, Inc. 5520 SW Macadam Ave, Suite 200Portland, OR 97239-3779Tel: (503) 477-7286www.rwcrestoration.com


Servepro547 N 4th AveCornelius, OR 97113-9140Tel: (503) 648-8513www.servpro.com

Northwest Quality Roofing, LLCPO Box 2237Bend, OR 97709-2237Tel: (541) 647-1060www.nwqualityroofing.com

Allied Barton Security Services, Inc. 2110 SW Jefferson St Ste 200Portland, OR 97201-7702Tel: (503) 283-5952www.alliedbarton.com

Bartlett Tree Experts11814 SE Jennifer StClackamas, OR 97015-9012Tel: (503) 519-9001www.bartlett.com

Treecology, Inc.23506 S Bonney RdColton, OR 97017-8524Tel: (503) 804-7866www.treecology.com

Net Vendor, LLC7589 SW Mohawk St, Bldg NTualatin, OR 97062-9189Tel:(503) 922-1111www.netvendor.net

Great Northern Window & Door20685 Brinson Blvd, Suite 3Bend OR 97701-8741Tel: (541) 382-9615www.greatnorthernwindowsand-

Plumbing

Pest Control

Reserve Studies/Consultants

Restoration Services

Roofing

Security

Tree

Vendor Credentialing

Windows

35

Painting Contractors

Reserve Studies/Consultants

Restoration Services

i

aska busyperson

What’s a Normal Workday?

Typically, I check emails and phone calls right away, and respond to the items that are urgent. I then check in with staff members on tasks that need to be addressed that day. I try to dedicate at least three hours each day working on projects, that range anywhere from preparing for meetings, following up on prior meetings’ action items, on-site meetings with vendors, and following up on “ad hoc” issues such as construction rehab/defect. Projects may also include seasonal tasks such as reserve studies, budgets, taxes, and scheduling and tracking pro-jects called for by the association’s reserve study. Probably two hours of each day is addressing issues that come up that same day that cannot wait until tomorrow. The last hour of the day I set goals for the next day, as well as gather the needed material for that evening’s meeting if there is one.

How did you get involved with CAI?

I became involved with CAI when I began working in the industry in 2004. I was more of a participant at first, but the more I began understanding CAI’s mission, the more I began encouraging board mem-bers to come to events, especially if the topic spoke to an issue that they were tackling. My involvement increased as clients learned the basics of how associations work, and became more educated and expectant of their management company and their vendors. Today, I feel that CAI is a critical support system for homeowners in offering relevant infor-mation and solutions, and equipping them with the

knowledge to meet the challenges they are facing in a way that meets their fiduciary needs.

What are you most proud of?

This industry gives me the opportunity to do what I’m most passionate about; helping people through challenges. For me, this stems all the way from inter-community conflict, to life changing issues such as a major construction defect or rehab project. Re-cently, our company assisted an association prepar-ing for a building repair project that was necessary to prevent life safety issues. We held several meetings with the owners to help them understand the pro-ject, why a special assessment was necessary, and how it will benefit them in the long run. Despite the financial burden for everyone, well over a majority of the owners were supportive of the project and, to date, have been cooperative while the project has progressed. Getting the satisfaction and feeling of reward that your time invested in the community generated a positive outcome for all is a great feel-ing. This of course wouldn’t have happened without the support from our management team.

What does it take to be successful in your field?

Put simply, if you desire to serve people and are willing to constantly communicate to clients, you can be successful in this field. In the field of HOAs, chal-lenges are unavoidable. What counts is the ability to communicate to people what the issues are and how you, as a manager, plan to address it. Even when things are going well, if you don’t communicate the

From the desk of a property manager

j

WES FINCHUMCOMMUNITY ASSOCIATION

PARTNERS

A Little About Wes...

Wes was born in Atlanta, GA and was mostly raised in Kennesaw, GA until graduating from high school in 1994. He then spent five years in Cleveland, TN where he earned his B.A. in Communication from Lee Uni-versity in 1999. Moving to Portland in 2000, he began graduate studies at Multnomah Seminary and graduat-ed in 2003. In November of 2003 he was invited to the first of a series of interviews which led to being hired at a Portland based community management firm in February 2004. Shortly thereafter, he was given several leadership responsibilities which gave him the oppor-tunity to to grow beyond his comfort zones. Through the years, he has trained and overseen other managers and participated in leadership roles in the industry at large. When asked how he got into this business, he jokingly responds with “I went to a job interview and wasn’t paying attention to what kind of work I would be getting into”. He’s glad for the decision he made as he has grown as a person and as a professional. After 11 years in the industry he seeks out creative ways to continue to grow and serve. “I also have four kids that keep me on my game and a wife that inspires me to live each day with purpose.”

positive news, you’ll have a strained relationship with the community. Personally, each week I communicate with boards even when there is not a thing going on in their community at that time. The goal is that my voice is always in front of them. If they know you’re a good communicator they’ll trust you. Beyond all of this, your willingness to continuously learn and gain education in the field is very important – this is a very complex and ever changing industry. It is also important to sur-round yourself with a professional team that can assist you in serving your client.

Has your approach changed over the years?

The first several years in my career I tried to take on too many tasks by myself as I was “the only one who had the knowledge to do the task”. I’ve learned that if you take on this approach you get overwhelmed with the work and you can burn out very quickly. My prac-tice now is to not only delegate tasks to my support staff, but to also train them how to address issues so I’m not “delegating” things of the same nature over and over. For a lot of us this means relinquishing con-trol of the work to someone else, but also remember-ing that you’re responsible for the quality of the work that they produce. This is why it’s so important to not just assign a task to someone, but to also equip them to eventually deal with issues on their own and to have a relationship with the client.

What advice would you give to others entering your field?

When I started doing this, most of the board members and owners were older than me, which I found intimi-dating and I was doubtful that they would listen to me. However, I found that as long as you are professional, but also feeling free to be yourself, they will respond well to you. Also important is not to let the difficult people upset you. Rather, have the grace to engage them and serve them. Again, if you communicate well, they will likely come around.






Sara Spera is a homemaker, business owner, and busy mother of two girls. In 2004, Sara bought her first home in a homeowner’s association and was excited to be involved in her new community. Sara was the

Board President of Merlo Station Townhomes in Beaverton from 2008 to 2014 and is now Chairperson of the Building and Grounds Committee. When Sara first volunteered to be on the Board of her Association, “I really didn’t know any-thing about how HOA’s worked, so my husband, a community manager at the time, introduced me to CAI.”

Sara has been a member of CAI Oregon since 2009, and stated, “it has been a wonderful experience for me. I have learned a lot about how homeowner as-sociations work, how to manage difficult issues with-

in my community, and, most of all, I have met some incredible people. CAI is a great place to meet fellow HOA homeown-ers, vendors and create long lasting relationships. The more I learned about and from CAI the more I wanted to be part of this great organization.”

Sara has continued to become more involved in CAI by joining the Events Committee in 2014, and has helped organize many great social and networking events at CAI Oregon.

“One of the best parts of being a homeowner associa-tion board volunteer is actually seeing the results from all of our hard work. Whenever we have a big project to get through, something as simple as having seasonal

flowers planted, or when I drive into the association, I think ‘I helped do that and it looks great!’ There is something ex-tremely satisfying about knowing I made a difference in my community. There is nothing better than being proud of where you live!” We asked Sara to tell us one of her favorite stories of being on her Board:

“Our Association has very narrow roads and so our Board had established rules about parking on our small driveways, requiring homeowners to park along the main roads, or completely in their garages. I had

been outside getting my mail when I noticed that a SUV was parked so that most of the car was hanging out into the street. It was in December, near Christmas, and we had just had one of our rare snow-storms, so there was a lot of ice on the road. I wasn’t too concerned about it until I saw that another car had almost hit the SUV while trying to get into their garage. I decided that I was going to knock on the door of the unit and encourage them to move their car.

When I knocked on their door, I was greeted by a petite woman in her bathrobe. I explained the situation and was, frankly, accosted by her as I made a suggestion that she move her

car. Realizing that she was not going to respond well, and ob-viously not in much of a holiday spirit, I decided to walk away from the situation and let our manager deal with it through the rules violation process since she had been unwilling to consider my suggestion to move her car.

As I was walking back to my townhome, I heard a loud, and what seemed like prolonged crash. Of course, it was another car that was not able to stop and slid right into the SUV! I hate to admit it,

but I giggled a little when I saw the resident I had just spoken to come out in her bathrobe, again, and yell at the poor un-suspecting driver. It was defintely an, ‘I told you so’ moment, and a great demonstration of why Association’s go through the trouble of making rules about parking. It was too bad that it had to happen, and was a very concrete example of why HOA governance exists. “

homeowner volunteer leader spotlight

DesigneD by erick ragas

Intersted in advertising in Community Bulletin?

Do you want to write an article for Community Bulletin?

Do you have feedback, comments or questions for our staff?

Please contact us at [email protected]



community bulletin october 2015

Documents