THE GLEN OF PACIFIC GROVE HOMEOWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING
February 22, 1999

36 Glen Lake Drive
, Pacific Grove, CA
 

1.0     CALL TO ORDER       5:05 PM                                       

2.0     ROLL CALL

Jack Rutherford     President               Present
Anna Lorenzen      Vice-President       Present
Glen Grossman     Secretary-Treasurer         Present
Mark Risley           Director                 Present
Chuck Adams       Director                 Present
Joseph Chaffers     M C C                  Present

Also Present:         Wolfgang Haas, Virginia and Jack Capra, Jeff Kane and Phil Coniglio 

3.0     AGENDA REVIEW, RESIDENT REQUESTS, CONSENT CALENDAR APPROVAL

The following item was added to the agenda: 7.03 Footbridge 

4.0     APROVAL OF PREVIOUS MEETING MINUTES

Motion by Adams, seconded by Lorenzen and carried, to approve the minutes from the January 24th Board meeting with correction to spelling of “regarding” under 8.0. 

5.0     REPORTS 

Delinquency Reports – 2.28.99
Financial Reports – 2.28.99
Bank Statements – 2.28.99
MCC Billing Report – 2.28.99 

Motion by Grossman, seconded by Risley and carried, to approve the reports as presented.

The Glen Of Pacific Grove HOA
Minutes 2/22/99
Page 2 

6.0        UNFINISHED BUSINESS

Painting: Board to approve suit against Saleh and hire an attorney. DEFER. 

Architectural Control proposed guidelines: DEFER. 

Insurance Policy: Motion by Adams, seconded by Grossman and carried, to have workers’ compensation insurance changed from State Farm to Zenith.

*Note: Jeff Kane made a presentation regarding insurance policies to the Board and handed out a packet. A narrative will be provided to the Board at a later date. DEFER. 

Service on Gate: Four bids will be forthcoming. DEFER. 

Allocation of Committee Functions: Anna Lorenzen’s Flow chart to be reviewed by Board members. DEFER. 

Yearly Association Policy Packet: Any necessary reports to be sent out in 45 to 60 days before the beginning of the Association’s fiscal year. CLOSED. 

Termite Extermination: Orkin has done a survey of the Glen’s needs. MCC will provide a past report from Casner DEFER. 

Light Motion Detectors: DEFER. 

ECHO Seminars: Risley and Adams volunteered to go to the February 27th seminar which will address legal concerns. Motion by Grossman, seconded by Lorenzen and carried unanimously, to cover expenses of Board members who wish to attend an additional seminar on April 10th which addresses reserve studies and maintenance. Adams, Grossman and Risley expressed interest in attending. CLOSED. 

Dennis Sullivan License Number: License was supplied and MCC will file it.
 

The Glen Of Pacific Grove HOA
Minutes 2/22/99
Page 3 

Diseased Tree Removal: Discussion of a special assessment over three years to fund removal of diseased trees and to monitor the trees. Referred to Gardening Committee to study situation and report back to Board.

*Note: Virginia Capra was appointed to Gardening committee. DEFER. 

Nonconforming Street Signs: Motion by Grossman, seconded by Lorenzen and carried, to rescind the $10.00 fine letter to Risley for maintaining a non-conforming street number sign. DEFER. 

7.0     NEW BUSINESS 

Lawyer Contracts: Motion by Grossman, seconded by Risley and carried, to retain Gray and Battey for civil action against Saleh Paint Company.  Motion by Grossman, seconded by Adams and carried unanimously, that a $2500.00 retainer accompany the engagement letter to Gray and Battey. CLOSED. 

MCC Contract: Discussion regarding having MCC more involved with daily activities.  Joseph explained the Association would have to pay for any increased services.  Joseph also explained there is an increase in the accounting fees of fifty dollars per month and that MCC’s rates have not been increased since 1991. No motion made. DEFER. 

Foot Bridge: Slippery when wet.  Rutherford will obtain a mat to put on the footbridge to prevent slips and falls. CLOSED. 

Law Book: Grossman requested authorization to obtain the 1999 supplement to “Advising California Condominium and Homeowners Associations,” a law book put out by Continuing Education of the Bar (CEB) at a cost of $95.00. Motion by Lorenzen, seconded by Adams and carried, to have Glen purchase the book. CLOSED. 

Pon & Stiff:  Where is the audit for 1997-1998? MCC to report back. DEFER.
 

The Glen Of Pacific Grove HOA
Minutes 2/22/99
Page 3 

Civil Code Section 1368 Compliance: The February 1999 ECHO Journal contained a discussion of section 1368 and a suggested resolution and form for complying with requests from sellers for documents and information.  Motion by Grossman, seconded by Adams and carried, to adopt the resolution from page 11 of the February 1999 ECHO Journal regarding the request form on page 9 of the February 1999 ECHO Journal. MCC will use the form on page 9 (or something similar thereto) for compliance with section 1368 requests. CLOSED.

8.0     CORRESPONDENCE

General Correspondence:

8.02   Board Correspondence:

9.0     ADJOURNMENT

9.01   Set Next Meeting Date, Time and Place:

March 22, 1999 at 5:00 PM @ #36 Glen Lake Drive

9.02   Adjourn: 8:10 PM

Addendum to item 6.03 of minutes from Board Meeting of February 22, 1999:

Presentation by Jeff Kane of KBK Insurance
Jeff is a partner with KBK Insurance in Watsonville and has 17 years of experience in insurance.  KBK specializes in insurance for homeowner associations and writes insurance for 30 to 40 complexes in the area counties.  Our policy with the Traveler's is one of the broadest policies available.  He says we are smart in upping our deductible to $5000 because that eliminates minor claims which decreases the chances of our policy being canceled for having too many claims.

Jeff discussed the various coverage:

Bodily Injury -- If the Association is sued for bodily injury, our policy provides up to one million dollars for each occurrence but not more than a total of two million per policy year.  However, we do have an umbrella policy of three million so we actually have coverage of up to four million for each occurrence subject to an annual limit of five million dollars.  We do not pay any deductible.

Medical Payment -- Traveler's will pay up to $5,000 for medical payments without regard to liability.  We do not pay any deductible.  If someone alleges we should pay for their medical bills, we must turn those claims in to KBK.

Directors & Officers -- With the exception of insurance, Traveler's will defend and cover the Board for any wrongful acts.  Traveler's will not defend and will not cover the board for any allegation regarding the sufficiency of any insurance.  In other words, if the Board or any individual member is sued for purchasing earthquake insurance or for not purchasing enough earthquake insurance, Traveler's will neither provide us with an attorney nor will it cover any judgment against us.  We are on our own!

Property Damage -- Subject to a $5,000 deductible, we have blanket protection up to eight million dollars.  The coverage extends to the interior walls, cabinets, and fixtures but excludes furniture and personal property.  It also covers new building ordinances.  There is no coverage for land and the lake. The "occupancy clause" (which negates coverage for unoccupied units) applies only to buildings, not to individual units.

Earthquake  --  Eight million dollars blanket policy.  The deductible is ten percent of the replacement cost of the damaged building subject to a minimum $25,000 deductible.  We may not be covered in the event of damage just to a garage (because the replacement cost may not exceed $25,000).

We have no coverage for damage from landslide, flood, rockslide, or mudslide.  Jeff says no standard company is writing landslide insurance.  He suggests hiring a geologic expert to advise us on how to stabilize unstable areas.  Unfortunately, it appears that we have received contradictory recommendations from experts hired in the past (see Terratech's 1995 report).

Jeff will get back to us with answers to the following questions:

1.     Our policies are "claims-made policies."  What coverage do we have for prior acts?

2.     Does the D&O provisions cover the Board for acts by the Association manager?  What if Joseph misappropriates Association funds?  Will Traveler's pay $25,000 for that event?

3.     On page 9 of the Businessowners Property Coverage, is coverage for glass shown on the Declarations?

4.     On page 16 of the Businessowners Property Coverage Discretionary, what is meant by "we may elect to defend you?"  Does this mean that the Insurer can choose not to defend us?  What kind of insurance coverage is that?

5.      On page 9 of the Commercial General Liability Coverage Form, what is meant by "temporary workers?"

6.     Who is an employee within the meaning of employee on page 9? Is the Association covered for loss caused by a Board member, officers (who except for the president, need not be elected to the Board), non-board- non-officer committee member, or volunteer who uses their personal vehicle for Association business?

7.     Jeff will see if there are any standard companies writing landslide coverage.