Issuu

30 Years of Trusted Guidance Through Building Partnerships. We strive to make our Board members lives easier by providing Trusted Guidance

We consistently deliver (Meaning we work hard to deliver what we’ve committed to)

Though CAMS started off as a small, one-man operation, by the end of 2000 the company had guided its clients through four major hurricanes and managed approximately $100 million in storm related damages and repairs. Having jumped that hurdle, it became apparent that growth and success were on the horizon for this tenacious management company. How did CAMS achieve such growth? By forming successful partnerships through acquisitions and mergers. As industry leaders over the past 30 years, it became evident they were being seen by other management firms as the community management experts. CAMS has made it a priority to perfect their processes and systems so they can partner with other companies and, in doing that, create smooth transition into the proven processes that CAMS has created for efficient and effective community management. It is clear that over the years CAMS has become an innovative management company. Even when they outgrew some older community management operating platforms, they didn't just settle for what was available. Instead, they were the initial management company to help develop the Vantaca software platform that is now being utilized by 100 other management companies nationally. Vantaca & CAMS continue to work together to bring state-of-the-art technology to CAMS' clients while at the same time creating efficiencies for other management companies that utilize Vantaca. CAMS' team values and experiences over the years have made them a decidedly unique organization. Just as things change and progress over the span of 30 years, so do the things that an organization finds are important at its core. CAMS has successfully helped numerous companies make a smooth transition to their team while also implementing effective proven processes for their clients and the communities they serve.

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THE ADVOCACY ISSUE

Virtual Meeting & Voting Now Permanent Options

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Fall Edition 2021

THANK YOU 2021 CAI-NC SUPPORTING PARTNERS Elite

2021 Board of Directors Officers

2021 Supporting Partners Showcase...........Inside Front Cover 2021 Management Company Chapter Champions................. 2 From the President..................................................................... 3 Membership Matters.................................................................. 4 From the Chapter Executive Director....................................... 5 HB 320 Changes the Virtual Game .......................................... 7 Virtual Voting? Tell Me More .................................................. 11 NC LAC Wins National Recognition....................................... 13 Tracking Legislation For You Every Day.................................. 15 Condo Safety Report................................................................ 16 Diversity & Inclusion in Your Community ............................... 21

Platinum

Fall always manages to breathe a new briskness into our step… a sense of wonder along with the mystery of what lies ahead. Its beauty and its possibilities are just what’s needed after the 20 months. This image THE AD CACY ISSUE invites looking both upward PeVirtrmual MVO eetin anent O g & Voting N ow ptions NC Vo lunteer to the sky peeking through “LAC” New Le for the gislativ Win e Tr ac Close-u king To p on C ol ondom the golden leaves and inium Sa fety downward to the pathway forward here’s to new beginnings. n Fall Ed

ition 20

Gold

www.cai-nc.org 919/525-4993 The Community Associations Institute provides valuable resource program education and advocacy to preserve, protect and enhance community associations. The NC Chapter is one of the largest of 60 chapters worldwide. We work to inspire professionalism, effective leadership and responsible citizenship– ideals reflected in communities that are preferred places to call home. Chapter Executive Director and Editor: Leslie C. Blum, CAE For editorial and advertising submissions info: news@cai-nc.org

Serving NC

Fall 2021 Edition

President Chris Chaffin, CMCA®, AMS®, PCAM® Kuester Management Group, Davidson chris@kuester.com President-Elect Richard Parris, CMCA®, AMS® Community Association Management Limited, Charlotte rparris@communityassociation management.com Secretary Bill Bittenbender Brunswick Alliance of POA's, Southport billbitt42@gmail.com Treasurer Andrew Bateman, CMCA®, CIRMS® TriSure, Raleigh abateman@trisure.com Adam Beaudoin, Esq. Ward and Smith PA, Wilmington amb@wardandsmith.com Board Members Immediate Past President Hope Derby Carmichael, CCAL Fellow Jordan Price Wall Gray Jones & Carlton, PLLC, Raleigh hcarmichael@jordanprice.com Alina Cochran, CMCA®, AMS®, PCAM® FirstService Residential alins.cochran@fsresidential.com Cynthia Jones, Esq. Sellers, Ayers, Dortch & Lyons, PA, Charlotte cjones@sellersayers.com Neale Turlington, CMCA®, AMS®, PCAM® CEPCO, Wilmington nturlington@cepco-nc.com Brooke Tidwell, CMCA®, AMS®, PCAM® PPM, Inc., Raleigh Brooke@ppmral.com

Legislative Action Committee Paul Mengert – Chair (Chapter delegate) Association Management Group pmengert@amgworld.com Bill Bittenbender (Chapter delegate) Brunswick Alliance of POAs billbitt42@atmc.net Dennis Abbott (Chapter delegate) FirstService Residential dennis.abbott@fsresidential.com Andrew Bateman TriSure Corp. abateman@trisure.com Chris Bruffey CommunityPLUS Div. North State Bank cbruffey@northstatebank.com Margaret Chase, (Chapter delegate) Higgins Benjamin, PLLC mchase@greensborolaw.com Gordon Corlew St. James Plantation POA gcorlew@aol.com Virginia Davis York Properties virginiadavis@ yorkproperties.com Derek Greene Community Association Management, Ltd. dgreene@communityassociation management.com John McInerney john.mcinerney00@gmail.com Tina Frazier Pace, Esq. Secretary (Chapter delegate) Hatch Little Bunn LLP tfpace@hatchlittlebunn Tammy Sanderford Treasurer PPM Inc. Tsanderford@ppmral.com Tim Sellers (Chapter delegate) Sellers, Ayers, Dortch Lyons, PA tsellers@sellersayers.com Harmony Taylor, Esq. Law Firm Carolinas htaylor@lawfirmcarolinas.com

Fall 2021 Edition

Serving NC

THANK YOU 2021 CAI-NC CHAPTER CHAMPIONS

From the President

Marathon

Many of us have been enjoying the cooler weather and of course, football season. As we head into the next season, I feel it is a good time to reflect on what we have done this year and where we are going. When we look at our primary goal as an organization, it is education of our members. The last several years, the Board has also engaged in strategic objectives that have gone beyond the status quo. We have worked to expand the education opportunities beyond just the Association Manager. While our annual Community Association Law Day continues to grow and provide valuable information to not only managers but nearly as many board members, the Board has turned its attention to other initiatives. In the last couple of years, we have focused on three primary strategic objectives. Chris Chaffin

All-American

1. Ensuring that CAI-NC is the education provider of choice for Managers. This strategic team group has brought forth quite a few ideas of how to make learning more interactive as well as some new initiatives we are working towards now such as the Community Associations “U” and innovative delivery methods for the education. 2. External Partnerships for CAI-NC that will benefit our industry and theirs. The chapter has been approved by the NC Real Estate Commission to provide Continuing Education for Realtors regarding HOAs and those topics that many times are misunderstood or they just aren’t aware of. The first class Company leaders: should happen in 2022. This strategic team has also worked with NC4ME, an organization dedicated to providing employment opportunities to Save the date of Veterans. Thursday, May 12, 2022 3. We also have a team focused on bringing opportunities and for the Higher Thinking education to Management Company Leadership. They have hosted several successful events throughout the year providing resources for Executive Forum in Management Company Executives and many of our Vendor Partners regarding Human Resource issues, Management Contracts, Company Pinehurst. Insurance and Cyber Security. Company leaders: Save the date of Thursday, May 12 for the Higher Thinking Executive Forum in Pinehurst. During the month of November, our Board will meet with a professional Strategic Planning facilitator to work on our next set of initiatives. Some of those may include continuation of the above items. Some will come off the list as they are now established and no longer need the specific focus and some may be brand new ideas borne of the Strategic Planning Session. Look forward to hearing about those new initiatives. One that can bring new opportunities for all is the refocusing of our local member resources and energies. As education has successfully moved into the virtual world (don’t worry, Annual Conference is still planned for in person in Wilmington August 25-26, 2022), we would like to focus some of the local energy on membership building, service projects and networking. How we can accomplish that is still under consideration and will be one of the focal points of this upcoming session. We are going to want to hear from you as to how you will be able to fit into those initiatives so keep an eye out for more information on the new and exciting opportunities.

Our first toe-in-the-water in-person events are being scheduled for the holidays in Raleigh, Charlotte, Wilmington and Greensboro. Keep an eye out for more information on those! I wish everyone a safe and happy holiday season filled with opportunities to spend time with friends, family and co-workers. And as always, thank you all for your commitment to this industry and for being positive representatives for all of us.

Serving NC

Fall 2021 Edition

Serving NC

From Your Chapter Executive Director Membership Matters!

Here’s to new beginnings…

Membership does matter! The power of our numbers helps strengthen our voice in the halls of government on your behalf, and the power of our diverse network of professionals means a world of resources and connections are made accessible.

The image on the cover of this issue captures the feeling of a seasonal change, a passage. It seems like a perfect expression of how our world is settling into the post-pandemic

CAI-NC welcomed 74 new members from July 1 through October 31, 2021.

environment, uneasy as that may feel.

Please help our chapter engage our new colleagues, and if you know or meet them encourage them to join us at our many events throughout the year! n COMMUNTY ASSOCIATION VOLUNTEER LEADERS Colony Park Association Durham Cypress Landing Homeowners Association Chocowinity Fairfield Harbour Property Owners Association New Bern Fearrington HOA Pittsboro Kenmure Property Owners Association Flat Rock Kyfields Towne Homes Association Weaverville Lake Royale Property Owners Association, Inc. Louisburg Sea Dunes Homeowners Association Kitty Hawk Wescott Community Association, Inc. Holly Springs COMMUNITY ASSOCIATION MANAGERS Associa HRW Ms. Rachel Bell, Raleigh Associa HRW Ms. Robbi Laney, Raleigh Associa HRW Ms. Bethnay McBeth, Raleigh Associa HRW Mr. Darren Ray, Raleigh Associa HRW Ms. Stephanie Watkins Raleigh Associa HRW Ms. Donna Kathy Wood Raleigh Blue Ridge Mountain Club Mr. Justin Kotzmoyer, Boone

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Briar Chapel Community Association Janay Burwell, Chapel Hill CAMS Ms. Angela Aldeman, Wilmington CAMS Miss Nicole Jankov, Wilmington CAMS Mrs. Danielle Christine Elum Smith, Wilmington CAMS Ms. Melissa Verzaal, Wilmington Cedar Management Group, LLC Mr. Taylor Nugent, CMCA, AMS, Charlotte Charleston Management Corporation Ms. Briele Cochran, Raleigh Community Association Management Skyler Reak, Charlotte Community Association Management Mr. Reginald Wills, Charlotte Corolla Light Ben Stikeleather, Corolla Cusick Company Ms. Sarah White, CMCA, AMS, Harrisburg Elite Management Company Ms. Carol Mckechnie, Raleigh Elite Management Company Mr. Jose Velazquez, Raleigh Evergreen Lifestyles Management Ms. Liza McMahan, AMS, Charlotte First Service Residential Ms. Liza McMahan, AMS, Charlotte First Service Residential Mrs. Brooke M Bunting, Charlotte First Service Residential Kimberly Espinola, Charlotte First Service Residential Nina Henderson, Charlotte

Hazel Management Company Rodney Hazel, Greensboro Henderson Association Management Mr. Day'ton Capers, Charlotte Highland Falls Community Association Mrs. Jennifer Finley, Highlands Homeowners Association Management, Inc. Mrs. Darlene Ward, CMCA, Greensboro Kuester Management Group Ms. Karen Hults, Charlotte PPM, Inc. Nicole CliftvRaleigh PPM, Inc. Ms. Anna Sullivan, CMCA Raleigh Premier Management Company Mrs. Elizabeth Rose Lilly, Wilmington Priestley Management Company Kali Walker, Wilmington Superior Association Management, LLC Mr. Corey Jay Fulp, Huntersville Superior Association Management, LLC Ms. Laura Marx, Huntersville The Tessier Group Mr. Craig Mariani, Asheville William Douglas Management Company Mr. Charlie Archer, Charlotte York Properties, Inc. Mr. Brent Payne Eller, Raleigh York Properties, Inc. Ms. Beth Gaster, Raleigh York Properties, Inc. Mrs. Tracey Hendershott, Raleigh York Properties, Inc. Mr. Fred Holtkamp, Boone York Properties, Inc. Mrs. Amanda Kay, Martin, Concord

York Properties, Inc. Mrs. Keri McGraw, Flat Rock York Properties, Inc. Ms. Beyonka McKinley, Asheville BUSINESS PARTNER

We’ve all adapted to a whole new way of relating to each other, and it’s not all bad! In fact there are some definite positives for many in the community associations game. Board members, owners and managers are getting their evenings back in large measure – being able to plug in for meetings without having to leave the house. This outcome alone has brought about considerably greater community engagement, with more Leslie C. Blum, CAE

owners more involved in their local committees or boards and higher attendance at all kinds of meetings. For professional managers, work-life balance gained a huge advantage. Many managers juggle a very full portfolio of communities, each of them involving regular evening commitments. On-site managers also have multiple obligations

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outside other people’s regular “business hours.” Maintaining high-quality service levels at a time when more owners are more engaged and in some ways more demanding is challenging, but more achievable within the virtual communications setting. Our own chapter leadership has also been focused on our new ways of working and living, and asking how CAI-NC can be a greater asset to our

member companies, communities, managers and service providers. The first and most Completely Clean Power Washing Wilmington

impactful question your Board of Directors turned to: how can we “do” volunteering better? Good discussions around this actually began in late 2019 with a recognition of the chapter’s growth plus some honest assessments of how volunteer groups were working,

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including the regional councils. After a little distraction in 2020 (Covid and all!), the Board turned its attention again to “Re-imagining Chapter Infrastructure” earlier this year. Under president Chris Chaffin’s leadership, a consultant was engaged to help in

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essentially asking “how would our volunteer groups be structured if we started again from scratch? Would we have the same types of groups or can we do it better? And not least - how can volunteering with CAI be more fun?” The result: an all-new “volunteer org chart.” You’ll be hearing all about it in detail of course, but the short good news is that volunteer opportunities are being significantly expanded at both local and state levels. All former volunteer groups (including the regional councils) have been phased out as such, with 10 new volunteer groupings! Stay tuned - we hope you will find a fit (or two) that are right for you. n

Fall 2021 Edition

Serving NC

House Bill 320 Makes it Permanent: The Option to Meet & Vote Virtually

and vote virtually.

House Bill 320 (“Modernize Remote Business Access”) was signed into law by Gov. Cooper on Sept. 20, permanently enabling associations to conduct business virtually unless prohibited by their internal documents or actions.

Previously, Governor Cooper had enabled community associations to hold membership meetings virtually through a series of Executive Orders, the most recent of which had expired in June. HB 320 addresses meetings and voting procedures as covered under Chapter 55A of the North Carolina Nonprofit Corporation Act, permitting non-profit corporations, including community associations, to meet

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Associations can now choose to: • Hold member meeting virtually (whether annual, otherwise regular or special in nature .) • Vote during such virtual meetings. • Vote outside a meeting via virtual means. Measures taken by an association must ensure. that its members can participate and vote to the same extent they could at an in-person membership meeting, including a method for members to communicate and read or hear the meeting proceedings in real-time. continued on page 9

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Fall 2021 Edition

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Virtual Meetings

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continued from page 7

For membership meetings held solely using remote communication, the member notice must indicate that the meeting will be held exclusively by means of remote communication and provide instructions on how to join the meeting.

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For members who elect the new electronic voting option, an email address to be used for communication between the member and the community association must be provided to the association. Community associations must inform members how to designate and update this email address. If all members entitled to vote have provided the designated email address, the Board of Directors may require all votes to be cast solely by electronic voting.

n HOA/condo litigation n Governing document amendments n Covenant and restriction violations n Collection of dues and assessments n Board/annual meeting controversies n Resolving neighborhood disputes

Members may also vote by proxy unless prohibited by the association’s articles of incorporation or bylaws. The new law also includes new requirements re: the membership list being made available for inspection by any member for the purpose of communication concerning the meeting.

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CAI strongly recommends that all associations considering taking advantage of these new options consult an attorney for details and guidance for your specific association. You will want to make sure your platform/s and meeting or voting plans are compliant with HB 320 and can be considered “reasonable” as required. See Resources from CAI below. n

Yellow states Remote meetings are contingent on an association’s governing documents, charter, bylaws – if silent, the state nonprofit or business corporation act allows remote and virtual meetings Blue states

A state statute governing community associations allows for remote or virtual

meetings. Red states

Emergency powers enacted by the COVID-19 state of emergency allow associations to meet remote or virtually. White states No applicable statutes; remote meetings contingent on an association’s articles of incorporation, charter, bylaws.

Resources from CAI

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Serving North Carolina Since 1974 8

Serving NC

Fall 2021 Edition

n Find a complete listing of CAI-NC member law firms HERE (simply select “Attorneys” under “Company Main Line of Service” – no other fields need to be completed). n View our webinar HB 320: An Overview of its Provisions, Nuances and Tentacles” held 10/5/21. HERE. n See the full HB320 language HERE. n Check out the bonanza of helpful info from the five voting service providers who participated in our 10/31/21 Virtual Voting Fair event on page 11.

Summer 2021 Edition

Serving NC

Resources for associations exploring virtual voting, from our 10/13/21 Virtual Voting Fair event. (all participating services were asked to provide responses to “10 Questions to ask a Voting Vendor")

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Lockbox requires a checking account with Alliance Association Bank. Some products and services may be subject to prior approval or fees. Please contact a Relationship Manager for additional details that may apply based on products and services selected. Other related fees may apply. Refer to the disclosures provided at account opening and the Schedule of Fees and Charges for additional information. Funds deposited through the Lockbox will follow Western Alliance Bank’s funds availability policy as outlined in the Deposit Account Agreement Disclosure. 2 All offers of credit are subject to credit approval. Alliance Association Bank is a division of Western Alliance Bank, Member FDIC. Western Alliance ranks top ten on Forbes’ Best Banks in America list, five years in a row, 2016-2020. 1

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Answers to “10 Questions to Ask a Voting Vendor” Overview Mock Online Voting experience Contact Us Free webinar: “Common Election Mistakes” 10/28/21 Links to: o Answers to “10 Questions to Ask a Voting Vendor” o Virtual Voting Fair Slides (10/13/21) o “Direct Vote Live” Solution Overview o “Direct Vote Live” Solution Video (1.75 mins) ▪ Contact Us

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Alliance Association Bank has over 50 years of combined experience meeting the unique and complex banking needs of community associations. This experience, combined with our financial strength and key financial institution to build an alliance with to grow your business. Alliance Association Bank is a division of Western Alliance Bank, Member FDIC. As one of the country’s top-performing banking companies, Western Alliance has ranked in the top 10 on the Forbes “Best Banks in America” list for five consecutive years, and was named #1 best-performing of the 50 largest public U.S. banks for 2019 by S&P Global Market Intelligence.

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▪ Answers to “10 Questions to Ask a Voting Vendor” ▪ Online Overview -HOAst / CINC ▪ Contact Us ▪ Answers to “10 Questions to Ask a Voting Vendor” ▪ Why work with Get Quorum? ▪ Service Offerings & NC Promo Pricing ▪ Electronic Voting ▪ Virtual Meetings ▪ Overview & Pricing ▪ Contact Us ▪ Overview Video (1.5 min) ▪ Our Process ▪ What’s Included? ▪ Contact Us RESOURCES FROM CAI: ▪ On-demand webinar recorded 10/5/21 “New Virtual Meetings & Voting Law” ($25 for members; $40 all others) ▪ Slides from 10/5/21 webinar (free) ▪ HB 320 Language allowing virtual association business

Fall 2021 Edition

Serving NC

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North Carolina Volunteer LAC for the Win Kudos to our own Legislative Action Committee for being named “LAC of the Year” at the national CAI Annual Conference this year.

Chaired by Paul Mengert of Association Management Group, this all-volunteer group works behind the scenes throughout the year, monitoring and evaluating legislative and regulatory proposals. When appropriate, the Committee takes steps to help educate lawmakers and their legislative staff on the potential implications of these proposals, and/or take a public stand; sometimes after consideration they strategically choose to remain silent. In rarer instances the Committee members determine that proactive measures are in order on behalf of community association industry and stakeholders in North Carolina. These efforts can be many months in the making. The recent passing of HB 320, the new bill enabling permanent options for virtual member meetings and voting, is a typical example of a prolonged, orchestrated communications effort and a fine example of a positive outcome. (See page 7.)

The 2021 NC Legislative Action Committee volunteer members are: York Properties Paul Mengert – Chair Association Derek Greene Management Group Community Association Bill Bittenbender Brunswick Alliance of POAs Dennis Abbott FirstService Residential Andrew Bateman TriSure Corp. Chris Bruffey CommunityPLUS Div. North State Bank Margaret Chase Higgins Benjamin, PLLC Gordon Corlew St. James Plantation POA

Management, Ltd John McInerney Tina Frazier Pace, Esq. Secretary Hatch Little Bunn LLP Tammy Sanderford Treasurer PPM Inc. Tim Sellers Sellers, Ayers, Dortch Lyons, PA Harmony Taylor, Esq. Law Firm of the Carolinas, PA n

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CAI Tracks Legislation Daily for You Try it out! Click on the new Legislative and Policy Tracking Map.

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CAI’s national Government and Public Affairs team is continuously closely monitoring legislation and public policies impacting the community association housing model issues on behalf of our members. The public policy map below is a dynamic resource updated daily with new bills and bill status updates.

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Bookmark this URL to quickly and easily check any state’s legislative update. Legislation can also be filtered by year, state and/or issue and sub-issue, or searched by keywords in bill titles. Protecting you and your community’s interests throughout North and South Carolina. To learn how you can partner with Offit Kurman, please call 704.377.2500 or visit us online at offitkurman.com.

Serving NC

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CAI monitors legislation related to: • Community Association Governance and Management • Community Association Values • Community Association Relationships with Governmental Departments and Agencies Questions or comments? contact CAI’s Government and Public Affairs team at government@caionline.org. n

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Fall 2021 Edition

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Condo Safety Report: Specific Recommendations Days after the June 24 tragic and shocking partial collapse of Champlain Tower South in Surfside, Fla, Community Associations Institute (CAI) leadership convened task forces to explore changes to laws and best practices for the community association housing model that may help other communities avoid this type of devastation and to provide solutions for legislators seeking to address building safety in their districts.

As the leading international organization for condominiums, housing cooperatives, and homeowners associations, CAI found itself uniquely positioned to bring together the expertise, experience, knowledge, and perspective of a wide range of stakeholders—board

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members, homeowners, managers, attorneys, bankers, developers, insurance professionals, engineers, reserve study providers, and others— to discuss a response to the Champlain Tower South tragedy.

After four months of work by more than 600 people, CAI released the Condominium Safety Public Policy Report with public policy recommendations for legislators to consider as they focus on legislation that addresses structural integrity in high-rise communities. Thank you to all including CAI-NC’s own Andrew Bateman. The report provides very specific public policy recommendations on: reserve studies and funding; building maintenance; and structural integrity. NOTE: While the task forces believe it is important to educate legislators and other stakeholders about the purpose and importance of reserve studies and funding

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plans, it is unknown if updated standards in this arena would’ve prevented the collapse of Champlain Tower South. Reserve studies are a planning tool to assist with budgeting for replacement or substantial repairs based on life cycle and not intended to evaluate existing building conditions or to specify corrective repairs. Local building inspectors play a key role in the execution of structural integrity public policy. Those with the authority to provide a certificate of occupancy and otherwise condemn a building have the authority and obligation to inspect.

Got Neighbors? We provide experienced counsel and clear advice to community associations to protect and enhance the quality of life in them for the long term.

The recommendations in this report include specific public policies CAI believes should be considered for adoption into state law to support the existing statutory framework for the development, governance, and management of community associations, also referred to as common-interest developments, common interest communities, planned communities, condominiums, townhomes, housing cooperatives, and homeowners associations. continued on page 19

Summary of NC Reserve Fund Laws

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Unit owners associations may adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners. Section 47C-3-102 and 47F-3-102. Public offering statements must include the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement and a statement of any other reserves. Section 47C-4103. There is no statutory requirement to conduct a reserve study and no statutory requirement to fund reserves.n

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Fall 2021 Edition

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Fall 2021 Edition

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Condo Safety Report

continued from page 17

Reserve Study and Funding Policy Position (Adopted and Approved October 2021) CAI Supports State Laws That:

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Fall 2021 Edition

5/30/17 5:02 PM

• Require reserve studies to be prepared in compliance with National Reserve Study Standards. • Mandate reserve studies (Level IV Preliminary, Community Not Yet Constructed) pre/during construction and (Level I Full) at the time of transition/turnover from developer control to homeowner control. Reserve study with disclosures to be included with Purchase and Sale agreements. • Mandate reserve studies (Level I Full; Level II Update with Site Visit Review) that support community associations; including condominiums, housing cooperatives, and planned communities with major shared components for the member’s unit or dwelling or significant infrastructure/site improvements (i.e., roads, street lighting, accessory buildings, etc.) Significant infrastructure or major shared components are to be defined as associations whose aggregate replacement costs exceed $10,000. • Mandate reserve studies (Level II Updates with Site Visit Review) on a periodic basis. • Mandate reserve funding for community associations; including condominiums, housing cooperatives, and planned communities with major shared components in buildings containing dwellings. Include practical legislative process for community associations to comply with funding requirements. Note: funding is based on the reserve study funding plan. Communities should be allowed an opportunity to slowly catch up to reserve funding upon passage of legislation. Significant infrastructure or major shared components are to be defined as associations whose aggregate replacement costs exceed $10,000. • Mandate disclosure; including summary of reserve fund financial condition, and funding plan, during annual budgeting (standardized disclosure). • Mandate disclosure to new buyers of reserve study, including reserve study funding plan (standardized disclosure). • Require reserve studies to be conducted by a reserve specialist, reserve professional, or other qualified professional, i.e., an engineer, an architect. • Address funding for emergent life safety issue repairs by authorizing the association governing

board to special assess or borrow funds without a vote of the membership.

CAI Opposes State Law That: • Allows owners to waive/opt-out of reserve funding requirements. • Prohibits including structural and/or engineering inspections by appropriate professionals and the financial impact of said inspections in the reserve study and funding plan. • Restrict the borrowing from reserves for other purposes.

Best Practice Recommendations: These are not statutory recommendations, rather best practice recommendations. • Planning and funding for preventative maintenance schedule, repairs, and replacement for aging buildings and other structural components that are not currently addressed in standard reserve studies. 2. Level I Full or Level II Update with Site Visit Review should be completed no less than every five years (legislative) and three-years (best practices). • Reserve funding for communities without significant or major common improvements recommended in amounts based on anticipated cost to repair or replace as determined by governing board. For questions or comments: government@caionline.org. n

Fall 2021 Edition

Serving NC

CAI Adopts Diversity, Equity, and Inclusion Statement PAINTING. QUALITY. PEACE OF MIND.

CARY-APEX

Bob Troxler 866-577-8764

CHARLOTTE

Dennis Mockler 866-504-5983

NORTH RALEIGH

Kirt Storch 866-450-2449

CHARLOTTE

Jim Ploughe 866-829-0656

CertaProCAIofNC.com

We Do Painting. You Do Life.™

On Aug. 18, 2021 the CAI Board of Trustees approved a new CAI Diversity, Equity, and Inclusion Statement, and the Statement was subsequently approved by the CAI-NC Chapter Board of Directors Sept. 16, 2021.

These measures are intended to promote the organization’s commitment to creating a culture that supports and advances diversity, equity, and inclusion for all members and staff. As CAI continues this initiative, updates and information may be found HERE.

By actively cultivating diversity, we benefit from a vastly richer mix of ideas, perspectives, and life experiences that expand our thinking and our possibilities. We strive to foster a culture of discovery, innovation, and service as we continue to focus on our mission to build better communities. n

Community Associations Institute is committed to making diversity, equity, and inclusion a core aspect in our membership, on our staffs, and within the community association housing model at large. We firmly believe in the unique strengths of every individual and that diversity makes organizations more successful and communities more fulfilling.

Each CertaPro Painters® business is independently owned and operated.

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CommunityPLUS.com 20

Serving NC

Fall 2021 Edition

Serving NC

Oh! Those Political Signs and Flags!

This time of year always brings questions around free expression within a community association environment.

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The legal word from the North Carolina Planned Community Act governing American and State flags and political sign displays: Here’s the language.

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And the official word from national CAI: CAI supports legally sound, fair and equitable flag and sign (political, yard, etc.) rules development and enforcement procedures in community associations.

CAI Statement On Community Association Signs And Speech Yard signs, decorative flags, banners, and emblems can depict virtually any individual interest, such as political preferences, religious beliefs, national heritage, holidays, seasons, universities, and athletic teams. Community association rules limiting this form of speech are developed and enforced to preserve community values. Political signs in community associations, particularly during election seasons, often receive a lot of attention in local news and on social media. During an already contentious time, the issue can divide communities. Part of what drives the discussion is confusion over what laws or rules apply: The First Amendment? State or local laws? Community association rules? CAI does not have a formal policy on the display of signs. However, we do believe that community association rules should be adaptable and always in compliance with applicable laws.

Unless a state law explicitly declares otherwise, a community association would be able to adopt and enforce restrictions that reasonably regulate political signs. These rules can—and should—vary from community to community to reflect the preferences of the homeowners in each neighborhood. When allowed under local and state law, CAI supports reasonable rules that may restrict the display of a political sign. An association may develop a rule that prohibits the display of signs altogether or one that limits the time period during which a sign may be displayed. The rule may cover, among other terms, how many days before an election or vote a sign may be displayed and how many days post-election a sign needs to be taken down. CAI calls upon community association volunteer leaders, professional community managers, residents, and attorneys to review governing documents periodically and work together to create rules that will bring the community closer together. To help community association boards of directors navigate these important conversations, CAI created Rights & Responsibilities for Better Communities and the Community Association Civility Pledge. We encourage community association boards to adopt these principles and engage these practices.n

As many are quick to point out, the First Amendment guarantees the right to freedom of speech. However, the law applies only to restrictions on speech by the government, not to limitations by private parties such as community associations and employers, and most certainly not to limitations that have been agreed to by contract. States with laws governing political signage: these statutes take precedence over community association rules. 22

Serving NC

Fall 2021 Edition

Serving NC

Who’s Got New Credentials?

Government Taking Your Property?

Put Justice On Your Side. Do you manage an HOA that had part of its common area taken? The Justice Firm, LLC provides: • Free legal consultations; • Statewide legal practice; • Targeted expertise on a contingency fee basis and; • A proven track record in maximizing compensation. For more information go to www.thejusticefirm.com or call 704-377-4747.

30 committed professionals earned professional designations from July 1 through October 31, 2021. Please congratulate: Accredited Association Management Company Swimming Pool Management, Maintenance & Repair When you partner with Pool Professionals, y ou join a prestigious list of North Carolina's most respected communities and clubs. Pool Professionals has established itself as a leader in safety, innovation, flexibility, responsiveness and service.

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Raleigh (919) 787-7878

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f- ..,,

Wilmington (910)508-2222

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Association Consultants Kill Devil Hills www.associationconsultantsllc.com Association Management Specialist – AMS Aretha Barrett, CAMS Charlotte Crystal Bjorkland, CAMS Charlotte Jennifer Davis, Blue Ridge Mountain Club POA Blowing Rock Christi Cumber, CEPCO Wilmington Quinn Etheridge, Associa HRW Raleigh

Reserve Studies Transition Studies Construction Administration Engineering Evaluations www.gfengineers.com 919-465-3801 – Raleigh Office 704-810-1808 – Charlotte Office

Taylor Nugent, Cedar Management Group, LLC Charlotte Ashley Ritchie, Priestley Management Company Wilmington Sarah White, Cusick Company Harrisburg Bryan Wlson, Kuester Management Group Charlotte Certified Manager of Community Associations – CMCA® Liza McMahan, First Service Residential Charlotte Rachel Bush, Omega Association Management Raleigh

KUESTER

Linda Olson Van Voorhis, Community Association Management Durham

MANAGEMENT GROUP

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HOME OWNER ASSOCIATION(HOA)

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Kuester Management Group Toll Free: 888.600.5044 Client Services: support@kuester.com Website: www.kuester.com

Serving NC

Fall 2021 Edition

Deborah Nussel, IPM Corp. Franklin The CMCA and ASMS designations are marks of professional distinction. Many of our NC managers holding these designations are also on the path to becoming a PCAM®. The PCAM designation, first introduced in 1982, is the highest professional recognition available worldwide to individuals specializing in community association management.

Consider your commercial landscape needs solved. Maintenance, snow & ice, tree care, water management, golf, sports turf www.brightview.com Serving NC from offices in the Triangle, Charlotte, Wilmington, Fayetteville and the Triad. 844/230-6136

Get more info on professional designations HERE n

Fall 2021 Edition

Serving NC