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Cobblestone Disaster Recovery* Narrative (January 2021)
Updated automatically every 5 minutes

Cobblestone Disaster Recovery* (CDRC NARRATIVE) 1.25.21 rev. p.  

cross-referenced in TRILOPEDIA Q&A  PDF INDEX SEARCH ▶

CAVEAT: This report and attachments do not offer legal, technical, or financial advice. For your situation, please consult legal, financial, or building contractors and such professional advisors about matters pertaining to this information and your individual concerns that may arise from reading this document.

        

Q&ASome questions asked that prompted this presentation

ORDER of QUESTIONS

SEARCH 


PDF 

 NARRATIVE 

This community report for TGI Cobblestone Canyon was first issued in November 2019, a few months before the world confronted the perils of COVID-19, the health pandemic that raised awareness of terms like immunity, social distancing, shut-downs, and N100 masks.  Normally, a medical crisis of any type is confined to regions and localities, but the worldwide scale of COVID-19 almost eclipses any definition of a local community.  For starters, it has made large-group community gatherings all but impossible.


Associations, groups, corporations, clubs, colleges and universities (almost any group of three or more people) have been forced to set up and manage most activities by means other than in-person gatherings, often resorting to high-tech online, aka ZOOM virtual meetings.  This document is now redesigned for that type of presentation.
                                                

Among the 170 homeowners who hold a property title in the Cobblestone phases of the Trilogy Glen Ivy Common Interest Development (aka Homeowners Association, or HOA) every owner was given two documents known as the CC&Rs (covenants, conditions and restrictions).        

Under the aegis of the TGMA Emergency Preparedness Committee, much information about that topic has been researched and shared with our community for years and that group locally coordinates the annual Great California Shakeout for earthquake preparedness.  Additionally, if you are new to the topic (or even a pro), you may find benefit in consulting these Kindle ebooks (print versions also available).

Disaster recovery facts and data, and specifically the story of earthquake insurance (EQI) in California, are easily researched. But the decision to purchase EQI within or for homeowners within Homeowner and Condo Associations is an entirely different matter.  SEE

The first of the two documents referenced is the Trilogy Glen Ivy Maintenance Association (master) CC&Rs. The second is the Cobblestone (condo) CC&Rs for the Special Benefit Area (SBA) that details the specific CC&Rs that only apply to the 170 units in the condo phases of development.

Actually, there are 168 condo dwellings in 84 buildings and two single-family homes, an explanation of which will be shared another time, the condo CC&Rs apply fully to these two single-family homes as well.                                           

The topics of this narrative are indexed, starting with that word “PHASES” and related issues that are being researched and shared by the Cobblestone Disaster Recovery Committee (CDRC). Much of this content is shared in the online TRILOPEDIA, an archive of slides, graphics, and note clips that help amplify this report that follows these general topics:          

        

        

                

INDEX

The CC&Rs of Cobblestone Canyon 

Cost allocation via phases of the development

Recovery options, including earthquake insurance (EQI*)

Rebuilding in the case of disaster

A ‘Trilogy of Groups’

2020 and Beyond

Did you know?                         

The CC&Rs of Cobblestone Canyon ▲

Very few of the current Cobblestone residents lived here before or during the initial construction of Cobblestone Canyon (circa 2006-07), but the construction of these units happened within five phases of time, hence the designation of Phases 21-25 in the CC&R header and other locations. Actually, only PHASES 21 through 24 of Cobblestone include homeowner dwellings. At this time, few residents are aware of what the term, PHASES, means for their consideration now or in the future.

Why is this important? Yes, it is true here and elsewhere that condominium ownership means a form of property title involving multiple unit dwellings where a person owns ONLY THE INTERIOR OF HIS OR HER UNIT, but the common areas (all the exterior spaces) are owned in common. All members share in the costs and maintenance of the common areas. At Trilogy Glen Ivy Cobblestone Canyon this means that ownership of exterior spaces within defined areas of the condominium development is shared in a 1/170th portion by each of the homeowners.

In 1996, the California Legislature went one step forward in disaster recovery to create the California Earthquake Authority (CEA)—a not-for-profit, publicly managed, privately funded entity. Residential property insurers could offer their own earthquake insurance or become a CEA participating insurance company.  SEE

Reading of the CC&Rs and the property title documents will give the legal explanation of these facts, but this summary will serve as a preamble for the details that follow.        

CIDs

Condominium Project

Must be Managed by Association

A common interest development (“CID”) is a real property development where property owners share a common set of financial obligations, property and easement rights established in a set of recorded restrictions (commonly referred to as “CC&Rs”).

 CID provides each property owner with an undivided ownership of a portion of the project together with an individual ownership interest in a separate interest in space called a condominium (or “condominium unit”). (Civ. Code § 4125.)

Maintenance of a CID’s common areas, as well as enforcement of its use restrictions, are actions fulfilled by  the association (aka “HOA”, “owner’s association,” or “community association”) formed to manage the CID. CIDs are legally required to be managed by an association, and the association may be incorporated or unincorporated. (Civ. Code § 4800.)

                                        

Cost allocation via phases of the development ▲

The 1/170th ownership of the Cobblestone Canyon development will not currently serve as a guide to conditions, assessments, and process in case of a need for the community to rebuild, unless the community votes a change to the CC&Rs, FROM THE CURRENT PHASES CONCEPT.                                        

TGMA legal counsel has informed TGMA and the Cobblestone Disaster Recovery Committee that the designation of the FIVE (5) PHASES is still in force because these had not been merged or eliminated by the developer, Shea Homes, when Cobblestone Canyon was completed and control passed to the homeowners association, TGMA.   This merger of the Cobblestone Phases still is not done today, as of the writing and distribution of this document.

In other words, these FIVE (5) PHASES will dictate how and when recovery management will occur.

AS AN EXAMPLE, if any damage (no matter how major) occurs to the common interest (exterior areas) of one or more units in PHASE 21 (approximately 42 units in each PHASE), then the obligation to pay and share all expenses for that repair is divided among the owners of the 42 units only, not the entire condo community. (SEE THE PHASES MAP) The same follows for the other phases but only as damage happens in each distinct phase. No damage within one or more phases, then no assessments for repairs in that phase(s).


Cobblestone Phases Map ▶  MAP by Street Address

                                        

This means that while “ownership” of Cobblestone Canyon is structured to allow for the 1/170th division of the common areas, the CC&Rs ALSO dictate (currently) the PHASES designation for matters dealing with rebuilding and recovery after a disaster. The CC&Rs may be changed to conform with the 1/170th calculation, but only by majority vote (50% +1) of the membership (Cobblestone homeowners only). That community vote is being considered at this time, but will only be done upon an affirmative vote of the TGMA Board.         


SEARCH Your RIVCO Address

Cost Allocation

Reserve Requirements

Priority Issues

The cost allocation definition is best described as the process of assigning costs to the things that benefit from those costs or to cost centers. For Lisa’s Luscious Lemonade, a cost center can be as granular as each jug of lemonade that’s produced, or as broad as the manufacturing plant in Los Angeles.

Civil Code §5550. Reserve Study Requirements

At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas of the major components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association's reserve account for that period.

​​​Each year, more than 1500 pieces of legislation are introduced that directly impact the operations of community associations. While all of pieces of legislation are important and require attention; the private (not public) CAI* identifies trends that become priority issues.

* CAI = Community Associations Institute

Recovery options, including earthquake insurance ▲

Potential home disasters that usually affect recovery costs include fire, floods, storms, and earthquakes. In Cobblestone Canyon (because these are condominiums) fire insurance for all common areas is purchased by the HOA. Optional interior coverages are available at cost to homeowners (consult your agent). Flood insurance is not commonly purchased in this zip code because the area is not a floodplain That leaves storms and earthquakes for consideration.         

A peril is an event, like a fire, flood or earthquake, that may damage your home or belongings. The perils covered by your homeowners insurance are listed in your policy and probably include more than these three natural disasters. SEE

An event on January 17, 1994 indelibly changed the way the State of California prepared for disaster recovery from earthquakes.  The powerful Northridge quake in the San Fernando valley gave birth two years later to the California Earthquake Authority (CEA).

The Northridge quake is still remembered today. A quarter century ago (1995), companies representing 93 percent of the California homeowners insurance market had either restricted or stopped writing homeowners policies altogether, sending the California housing market into a tailspin. due to the catastrophic Northridge quake. SEE

In these cases (storm and earthquakes), consult your property insurance provider. Among the resources your agent is likely to refer is the California Earthquake Authority (CEA) that currently offers the following OPTIONS for condominium owners. Note that CEA coverage for HOA condominium communities only includes the interior, not any of the common areas because that coverage can only be purchased by the HOA through a vote of the membership. 2013 changes to the Cobblestone CC&Rs require Cobblestone homeowners (ONLY) to vote on purchase of EQI with a 50%+1 voting margin in favor.        

Earthquake data, and specifically the story of earthquake insurance (EQI) in California, is easily researched. But the decision to purchase EQI within or for homeowners within Homeowner and Condo Associations is an entirely different matter. SEE

Federal Assistance in Disaster Recovery

State Assistance in Disaster Recovery

HOA Assistance in Disaster Recovery

While it happens on a routine and unexpected basis, large-scale disaster recovery most often becomes a Federal management matter, but are these resources from Uncle Sam limited and constrained, even not available to homeowner associations?

With regard to earthquake disaster recovery, the State of California has set up the private but publicly authorized California Earthquake Authority (CEA), so homeowners should take stock of what is available or not available from this resource.

HOAs are required to insure common buildings and areas against unknown or unexpected disasters, but they are not required to insure individual homes, even condos, unless approval is given by homeowners.  HOA reserve funds may only be a downpayment for the full costs of disaster recovery in the typical HOA.

                        

Rebuilding in the case of disaster ▲

Given these realities, the Cobblestone Canyon Disaster Recovery Committee has made a recommendation to the TGMA Board to conduct Cobblestone homeowner town hall forums, focus groups, and such to make the community aware of Disaster Recovery Issues through personal and group presentations. These will be taking place over the next few months and will include pertinent information about emergency preparedness.  While the initial community meetings by the CDRC (circa November 2019) were successful, no group meetings have been conducted since that time.  Mainly, this has been due to the COVID-19 pandemic.  As a replacement to in-person meetings, watch for announcements about online meetings on this topic.

The 2016 TGMA/Cobblestone Agreement also stipulated the percentage of community vote needed for passage of EQI purchase for the condos. SEE

                                        

Among the research findings uncovered by the Cobblestone Disaster Recovery Committee is a survey of resources that may or may not be available to TGMA in the event of disaster. Ranging from the Federal to the state, county, and local, public and private, these resources may be readily available within hours or may be delayed for days or weeks, depending upon the severity of the future disaster.

This discovery prompted the retention of the former HARBRO Emergency Services & Restoration, recently merged with a company known as BluSky that provides commercial, industrial, governmental, residential, and multifamily restoration, renovation, environmental, and roofing services across the United States and Puerto Rico. With an emphasis on large projects, BluSky does build things; but restores and rebuilds them. BluSky engaged employees bring experience and teamwork to anyone who owns or manages property, provides property insurance, or manages property insurance claims.

The stakeholders in this matter are almost too numerous to list, but they are here defined. HOAs are now the dominant form of residential development in California, much of the USA, and elsewhere. SEE

                                

More will be explained during the community information sessions that you will want to calendar and attend. TGMA newsletters (Trilogy Times) and email blasts will notify Cobblestone homeowners AS TO THE DATES OF these sessions.

Again, the data shows that there is a great gulf between the knowledge of creating plans for disaster recovery and the actual implementation of those plans.  Little known is the fact that no government agency at any level requires HOAs to have disaster recovery plans, which is different than emergency preparedness.  SEE


A ‘Trilogy’ of Groups ▲

Those who decline the purchase of EQI

Those who want full coverage

Those who see the need for some coverage

The evidence of the size of this group may be confirmed by the large numbers of homeowners in CA who do not have EQI.

Even though this group is a minority, their ranks comprise those who have already purchased as much EQI as they can, but their numbers include condo and HOA owners who are limited in options to purchase

This group includes those living in HOAs who know they may well need loss assessment coverage (LAC), and/or a limited amount of personal property coverage

How do you define DISINTERESTED?

1. ADJECTIVE
Someone who is disinterested is not involved in a particular situation or not likely to benefit from it and is therefore able to act in a fair and unselfish way.
▶ ANY current HOA homeowners is far from being a disinterested observer of matters regarding disaster recovery.
▶ HOA stakeholders, of course, can be expected to be impartial and never disinterested.

Synonyms: impartial, objective, neutral, detached

2. ADJECTIVE
If you are disinterested in something, you are not interested in it. Some users of English believe that it is not correct to use disinterested with this meaning.
We have witnessed those who become jaded, disinterested, and disillusioned.

Synonyms: indifferent, apathetic, uninterested


2020 and Beyond ▲

The Cobblestone Canyon Disaster Recovery Committee (CDRC), formed in 2015, to study the question of what the community might do in case of a natural or man-made disaster where some or many (if not all) of the condo units were damaged beyond habitation.  Research revealed that no Federal, state, or private resources are likely to come to the aid of the community.  Primarily, it is because the Federal Emergency Management Agency (FEMA) treats HOA communities, in general, and condo communities, specifically, as commercial properties that have the wherewithal to secure private funding for repairs and reconstruction.

Why is it true that condominium associations and HOAs, in general, cannot count upon Federal/State resources for disaster recovery?  SEE


Months of detailed research by the CDRC led to the hosting of a couple of townhall meetings for Cobblestone with that November 2019 presentation summarized in this PPT.  However, the national COVID-19 pandemic ceased all large public gatherings and forced such meetings to be held online with information to be shared the same way.  This document and attachments strives to communicate the latest on this topic.


Newly disclosed to the CDRC is the availability of an insurance product called MOTUS that has repackaged, essentially reformed EQI for California condo owners.  Never before has property insurance casualty coverage offered  an opt-in plan for building and common areas.  The plan also offers policy face-values in excess of $100K, the maximum coverage offered at this time by CEA.

The following motion has been presented for vote by the TGMA Board on February 5, 2021: CDRC Recommendation Regarding an Action to Approve MOTUS Policy Opportunity for Cobblestone Canyon

Motion:  The TGMA Board approves a $1,250 annual expenditure that allows the rollout of Cobblestone community webinars by MOTUS Insurance, Inc., to educate condo (only) homeowners about the voluntary (opt-in or out) offerings for earthquake insurance.  An addendum to this motion provides supporting detail for the motion.


Timeline for CEA

Timeline for CAI

Timeline for TGMA

On January 17, 1994, a magnitude 6.7 earthquake known as the Northridge earthquake rocked California's San Fernando Valley—twenty miles northwest of downtown Los Angeles—on a fault no one even knew existed.  

The earthquake caused an estimated $20 billion in residential damages alone—and only half of that was covered by insurance.

After the dust settled, the Northridge earthquake shook the foundation of the residential insurance industry, which had greatly underestimated the potentially huge costs associated with damage from even a moderate earthquake.

In 1995, the California Legislature came up with a workable solution it thought would help revitalize the insurance and housing markets.  

It created a basic, no-frills "mini policy" that any insurer could sell to comply with the mandatory offer law. The mini policy provided homeowners basic coverage for the roof over their heads, eliminating costly extras like swimming pools and patios.

In 1996, the California Legislature went one step further and created the California Earthquake Authority (CEA)—a not-for-profit, publicly managed, privately funded entity. Residential property insurers could offer their own earthquake insurance or become a CEA participating insurance company.

CEA provides two-thirds of the residential earthquake insurance policies sold in California. By selling our policies exclusively through these participating insurance companies, CEA has become one of the largest providers of residential earthquake insurance in the world. ▶ MORE

CAI or the Community Associations Institute is an international membership organization dedicated to building better communities. With over 40,000 members, CAI has 64 chapters worldwide, including Canada, the Middle East and South Africa, and relationships with housing leaders in a number of other countries, including Australia and the United Kingdom. CAI provides information, education and resources to the homeowner volunteers who govern communities and the professionals who support them. CAI members include association board members and other homeowner leaders, community managers, association management firms and other professionals who provide products and services to associations. CAI serves community associations and homeowners ▶ MORE

The History of Trilogy at Glen Ivy started in the Spring of 1999. This land from UTS Corporation was called "Mountain Springs", and was going to have all one Acre lots with Ranch Homes, an Equestrian Center and horse trails through out the area. It is unclear the year that Shea homes bought the property.

The first person hired by Shea homes was Brett Hughes (Land Development Manager) his first assignment was to work with Riverside County and Lee Lake Water District to build the large green water tank near the 15th hole on the golf course. The Design of the golf course was done by Ted Robinson Jr. and was accomplished concurrently with the design of the community. The grading of the golf course started in the Spring of 2000. The first hole completed was the 5th hole by the old farm house adjacent to Trilogy Parkway. This farm house would also become the first headquarters for Shea Homes and Brett's office. Brett also has a street named after him in Coldwater Canyon, Hughes Drive.

A 22 acre natural wetlands was set aside east of the 4th hole, which is home to a large number of wildlife species. This area will be protected in accordance with guidelines set by the Fish and Wildlife Services.

At the entrance to the community where the lake is on the 1st hole, was some extensive rock work accomplished to create the waterfall. This rock work was done by craftsman from Pacific Aquascapes and can also be seen on the 9th and 18th holes where we have more beautiful waterfalls. ▶ MORE ▶ ALSO SEE

The low-rate of purchasing earthquake insurance is primarily due to a number of factors well documented by the insurance industry and government officials dealing with disaster recovery. SEE

Generally, homes of newer construction like Cobblestone Canyon are deemed to be better able to withstand the effects of most earthquakes. That gives homeowners some comfort, but no assurance of avoidance for any future seismic events, when or if they should come. SEE

CEA policies have a rigid cap of $100K on every EQI policy for condos, regardless of the real replacement costs.  What is the workaround here? SEE


 search.trilopedia.com


Southern California Earthquake Data Center ▶


Did you know?


Common interest developments, aka homeowner associations (HOAs) represent the dominant form of housing development in the United States today, and probably the entire world.  Where does California stand in total numbers of these developments?

With an estimated 13,723,000 residents housed in HOAs in California, this population exceeds the metropolitan population of the largest city, Los Angeles. SEE

The Cobblestone SBA Disaster Recovery Committee (CDRC) was and is comprised of volunteer homeowners who researched, compiled and published this report under charter of the TGMA Board                                                 
▶  
During their research, the CDRC was unable to find any Common Interest Development (aka homeowners association, or HOA) that could provide a template, outline, or complete report of an actual disaster recovery plan                                                                                                        
▶  
This report is not to be taken as a plan, but simply an outline, a compilation of findings and issues regarding disaster recovery for a condominium community
                                                                         
▶  
Like the single family homeowners, Cobblestone homeowners are only required to level and clean their property in case of total destruction of any of the 170 units        

The property insurance options in HOAs is complicated for all members, but particularly for condominium owners.

According to this SOURCE, Condo (HO6) insurance, or condominium coverage, is a type of insurance policy that protects you, your stuff, and your unit (everything from the outermost walls, inward). SEE

                                                                 
▶  
The TGMA CC&Rs specify the time allowed and conditions for repairs that will be evaluated and determined at the time of a disaster occurrence
                                                                
▶  
No members of the HOA are entitled to relief of HOA dues obligations without transfer of ownership title of their property to another owner

▶  
In a very unlikely scenario, what are the chances that ALL 170 condos (+2 single-family homes) are totally leveled in an earthquake.  We know that EQI policies are valued upon total destruction of the insured property, but 99.9% of earthquake damages are ultimately appraised for less than 100% of reconstruction value.
                        
 Loss-assessment (property) coverage is available from multiple California property insurance agents to provide financial relief in case of extraordinary and significant property assessments by the HOA in the event of disaster

“If an association does not carry earthquake insurance, loss assessment coverage (if available) will pay for special assessments related to earthquake damage.” ~ Davis-Stirling Law ARCHIVED PDF 

                        
  Any rebuilding or reconstruction of Cobblestone units must conform with HOA Design Review requirements
                        
▶  
Insurance for coverage of common areas may only be purchased by the homeowners association, including property coverage for the exterior of the condominiums                                                                                                                 
▶  
The 2014 Cobblestone Canyon Mediation agreement requires the TGMA Board to hold a Cobblestone-only election to approve ANY purchase of earthquake insurance
                

A 2014 Mediation Agreement (link below) set up parameters (a process) by which any future consideration of the HOA attempting purchase of earthquake insurance would be handled.  SEE


▶  
Loss-assessment (property) coverage for condominiums, loss of use, and personal effects coverage for interior damage are insurance products that condominium owners may secure on their own without HOA approval

  • READ California Code, Insurance Code - INS § 10089.26 (this a current link to the state code legislation that summarizes and defines the charter of the California Earthquake Authority; note the emphasis on providing loss-assessment coverage)

CDRC Committee Members: Scott Barton#, Carol Cherry, Joe Downey*, Jim Dyer, Mike Foxworth        (# = TGMA Board liaison; * = formerly active member) Also, the CDRC would like to give tribute to two former committee members who have passed: TGMA Board members Marilyn Mohr and Bill Stehle. Also to be given much credit for assisting this effort are Joy Marino, general manager for TGMA, and her predecessor, James Niccoli, who remains engaged with the effort.

Any individual or group living within Cobblestone Canyon is welcome to inquire about joining scheduled or to to-be schedule online (ZOOM) meetings where this report will be explained.  Contact TGMA management for details.

Questions


Dear Cobblestone Residents,

As some of you may recall, last November of 2019 the Cobblestone Disaster Relief Committee (CDRC) held a meeting in regards to earthquake insurance (EQI) on condos.  At that time, the Committee had planned on other in-person follow up meetings; however, due to COVID, it became readily apparent that would not be possible.

The goal of the committee and of the presentation, is to make all condo owners aware of the various earthquake insurance possibilities and approximate costs that are currently available.

If you missed the Jan. 14, 2021 CDRC presentation on the subject, here is a video of the meeting.

________

MORE detail in this 2019 PPT by the Cobblestone Canyon Disaster Recovery Committee (CDRC); and this TRILOPEDIA PDF   = reference documents for historical background * BACK to TOP Make comments  ▶ HERE