Community Contact | Fall 2017

Fall 2017

Community

CONTACT

A Resource For Homeowners Associations, Condominiums, Townhomes, and Cooperatives

FEATURING: If Age is just a Number, Is There A “Lazy” Way to Change It? Days, Weeks, Violations: When Complacency Transitions to Waiver & Estoppel Proving a Request for Proposal for Your Property After Construction Defect Litigation www.dfwcai.org

Digital Edition

NUMBERS EDITION

SBB Management Company is dedicated to providing professional homeowners association management and consultation to Texas communities.

Accredited Association Management Company (AAMC)

43 Years of Association Leadership!

• Enduring Client Relationships • Unparalleled Staff Longevity • Industry Leading Technology • Continuing Education Programs • Senior Direct Support Personnel • Robust Accounting Analysis Tools • Mobile Management Platform • Digital Document Management • Family Corporate Culture

.

S E I UNIT

M M O C

8360 LBJ Freeway, Suite 300 • Dallas, TX 75243 • Phone (972) 960-2800 • Fax (972) 991-6642 www.sbbmanagement.com • emailus@sbbmanagement.com

Find us on Access Your HOA - Anytime, Anywhere

AAMC® 1• CONTACT, FALL 2017

NUMBERS EDITION

SBB Management Company is dedicated to providing professional homeowners association management and consultation to Texas communities.

Accredited Association Management Company (AAMC)

43 Years of Association Leadership!

• Enduring Client Relationships • Unparalleled Staff Longevity • Industry Leading Technology • Continuing Education Programs • Senior Direct Support Personnel • Robust Accounting Analysis Tools • Mobile Management Platform • Digital Document Management • Family Corporate Culture

.

S E I UNIT

M M O C

8360 LBJ Freeway, Suite 300 • Dallas, TX 75243 • Phone (972) 960-2800 • Fax (972) 991-6642 www.sbbmanagement.com • emailus@sbbmanagement.com

Find us on Access Your HOA - Anytime, Anywhere

AAMC® 1• CONTACT, FALL 2017

Community Contingent Fee Arrangements

Is your community faced with construction defects or insurance disputes?

10

If Age is just a Number, Is There A “Lazy” Way to Change It?

Free Initial Evaluation Attorney-Advanced Case Costs Available

12

Watching the Numbers = Eco-Friendly Beauty

16

DFW CAI Member News

18

A Community Manager by the Numbers

22

When HOA Becomes a Four-Letter Word

24

10 Color Tips

Water Intrusion

28

Communities and HOAs across Texas using LED Lighting to Save on Energy & Maintenance

Structural Damage Grading & Drainage

30

Days, Weeks, Violations: When Complacency Transitions to Waiver & Estoppel

34

Expansive Soils

Support Biological Lake and Pond Management with “Probiotics”

Retaining Walls

Meeting the “Numbers” for the Year

Firewalls

Providing a Request for Proposal for Your Property After Construction Defect Litigation

36 45

Roofs

40

Membership Report

REPAIRING HOMES | RESTORING VALUE | REVITALIZING COMMUNITIES

281.929.9528 | www.ConstructionDefects.law Southlake, TX* | Houston, TX* | Golden, CO | Bloomington, MN *By Appointment Only

2 • CONTACT, FALL 2017

48

DFW CAI Upcoming Events

IT’S A NUMBERS GAME

1

CONTACT

Community Associations Institute is a national, non-profit, membership organization dedicated to the successful creation and operation of community associations. The Dallas/Fort Worth Chapter was established in 1980 to provide support for the North Texas area. Community Contact is published by the Dallas/Fort Worth Chapter of Community Associations Institute and is issued with the understanding that the publisher is not engaged in rendering financial, legal, accounting or other professional services, or be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services by Community Contact or its authors or advertisers. The services of a competent professional should be sought where professional services are required. The articles appearing in Community Contact do not necessarily reflect the opinion of CAI or the DFW Chapter, and acceptance of advertising does not constitute an endorsement of the products or services.

All contents of Community Contact are protected by copyright. Reproduction in whole or in part without written permission is expressly prohibited. AAMC, AMS, and PCAM are registered trademarks of Community Associations Institute. CMCA is a registered trademark of the Community 3 • CONTACT, Spring 2015 Association Managers International Certification Board. Many of the designations used by manufacturers and sellers to distinguish their products are claimed as trademarks. Use of a term in this publication should not be regarded as affecting the validity of any trademark or service mark.

Community Contingent Fee Arrangements

Is your community faced with construction defects or insurance disputes?

10

If Age is just a Number, Is There A “Lazy” Way to Change It?

Free Initial Evaluation Attorney-Advanced Case Costs Available

12

Watching the Numbers = Eco-Friendly Beauty

16

DFW CAI Member News

18

A Community Manager by the Numbers

22

When HOA Becomes a Four-Letter Word

24

10 Color Tips

Water Intrusion

28

Communities and HOAs across Texas using LED Lighting to Save on Energy & Maintenance

Structural Damage Grading & Drainage

30

Days, Weeks, Violations: When Complacency Transitions to Waiver & Estoppel

34

Expansive Soils

Support Biological Lake and Pond Management with “Probiotics”

Retaining Walls

Meeting the “Numbers” for the Year

Firewalls

Providing a Request for Proposal for Your Property After Construction Defect Litigation

36 45

Roofs

40

Membership Report

REPAIRING HOMES | RESTORING VALUE | REVITALIZING COMMUNITIES

281.929.9528 | www.ConstructionDefects.law Southlake, TX* | Houston, TX* | Golden, CO | Bloomington, MN *By Appointment Only

2 • CONTACT, FALL 2017

48

DFW CAI Upcoming Events

IT’S A NUMBERS GAME

1

CONTACT

Community Associations Institute is a national, non-profit, membership organization dedicated to the successful creation and operation of community associations. The Dallas/Fort Worth Chapter was established in 1980 to provide support for the North Texas area. Community Contact is published by the Dallas/Fort Worth Chapter of Community Associations Institute and is issued with the understanding that the publisher is not engaged in rendering financial, legal, accounting or other professional services, or be construed as a recommendation for any course of action regarding financial, legal, accounting or other professional services by Community Contact or its authors or advertisers. The services of a competent professional should be sought where professional services are required. The articles appearing in Community Contact do not necessarily reflect the opinion of CAI or the DFW Chapter, and acceptance of advertising does not constitute an endorsement of the products or services.

All contents of Community Contact are protected by copyright. Reproduction in whole or in part without written permission is expressly prohibited. AAMC, AMS, and PCAM are registered trademarks of Community Associations Institute. CMCA is a registered trademark of the Community 3 • CONTACT, Spring 2015 Association Managers International Certification Board. Many of the designations used by manufacturers and sellers to distinguish their products are claimed as trademarks. Use of a term in this publication should not be regarded as affecting the validity of any trademark or service mark.

NUMBERS EDITION

2017 BOARD OF DIRECTORS PRESIDENT Worth W. Ross, CMCA, AMS Worth Ross Management Company, AAMC worth@worthross.com

PRESIDENT-ELECT Robin Anderson Reconstruction Experts, Inc. robina@reconexp.com

VICE PRESIDENT Bruce Crawford, AMS, PCAM Insight Association Management, AAMC bcrawford@insightam.com

SECRETARY Clayton Hearn Roberts Markel Weinberg Butler Hailey, PC chearn@rmwbhlaw.com

TREASURER Kevin Cavanaugh Cavanaugh and Company, PLLC kcavanaugh@cavanaughcpas.com

DIRECTORS

Sherri Schmoekel, PCAM SBB Management, Company, AAMC s.schmoekel@sbbmanagement.com Michael J. Walker, CMCA Bridlewood Homeowners Association micwalk@tx.rr.com Anne Bernhardt Park Towers Condominium Association anneb972@gmail.com Elle Larkin Alliance Association Bank elarkin@allianceassociationbank.com

MANAGEMENT James Nicholson, Chapter Executive Director DFW Community Associations Institute 14070 Proton Road, Suite 100 Dallas, TX 75244-3601 (972) 246-3540 www.dfwcai.org office@dfwcai.org

Collaborating on new ideas to improve the services we provide the residents of our communities is something I strive to accomplish as often as possible. I have found that the CAI classes, luncheons and conferences are fun opportunities for collaboration and I always have at least one great idea to share with my teammates and business partners after attending one of these events. One of our goals at the Dallas Chapter is to provide 4 to 5 classes annually as well as educational luncheons monthly. CAI also offers most of their classes online, but I personally crave a learning environment where I can interact with my colleagues and peers. There are vast opportunities that come with education and we should take advantage of those opportunities in any way possible.

CAI also offers the CEO-MC program for the leaders of management companies. It is not surprising that Fred Shapiro, PCAM, and Judi Phares, PCAM, have been leaders of CEO-MC and chaired the conference for several years. I love this conference because not only am I able to meet and learn from CEOs from across the country, but I am also able to spend time with my friendly competitors from Texas. I am always craving opportunities to learn.

This year’s CEO-MC conference was held in San Diego, which is a beautiful city to walk and explore. (Walking and exploring are requirements for managers). On the edge of the San Diego Bay, right on the waterfront, stands the iconic County Administration Building constructed in 1926. While walking around this gorgeous building early one morning, I found the following words, “THE NOBLEST MOTIVE IS THE PUBLIC GOOD” chiseled into the lintel above the doorway of the building. I instantly thought of all our board members guiding and directing our associations. These individuals are noble in that they share their time and talents with their communities.

They are often unsung heroes. Later, while hiking from the waterfront up the hill to look back out over the bay, I pondered the ethos above. If the motive is the public good, then this sentiment applies to all of us, managers and business partners alike. Yes, we get paid, but think about this, when we climb into bed we don’t think about the money we made that day. Rather, we think about what we did or did not have time to complete, what tasks we are going to tackle tomorrow and the satisfaction we feel when we know that we have done our best. When the motive is the public good and it is commonly shared and agreed upon between board members, managers and business partners, we more often achieve the feeling of satisfaction knowing we did our best.

This leads us to the question: how do we get the stake holders in the world of community associations to understand that the motive is the public good?

Well, I suggest we go back to the top of this page. Education! This year we are hosting a sold-out board training class on November 18th. I am hoping we will hold another board training class this upcoming Spring. We all want to work with board members that are educated in association management because it makes our jobs so much easier and enjoyable. So, encourage your board members to take the class and set the example for the other members of their associations. I hope you will also join me in a class in 2018 so I may learn from you too. Let’s have an exciting new year!

Have a fun and safe holiday season and I look forward to seeing each of you in an exciting new year filled with opportunities!

Worth

5• CONTACT, FALL 2017

NUMBERS EDITION

2017 BOARD OF DIRECTORS PRESIDENT Worth W. Ross, CMCA, AMS Worth Ross Management Company, AAMC worth@worthross.com

PRESIDENT-ELECT Robin Anderson Reconstruction Experts, Inc. robina@reconexp.com

VICE PRESIDENT Bruce Crawford, AMS, PCAM Insight Association Management, AAMC bcrawford@insightam.com

SECRETARY Clayton Hearn Roberts Markel Weinberg Butler Hailey, PC chearn@rmwbhlaw.com

TREASURER Kevin Cavanaugh Cavanaugh and Company, PLLC kcavanaugh@cavanaughcpas.com

DIRECTORS

Sherri Schmoekel, PCAM SBB Management, Company, AAMC s.schmoekel@sbbmanagement.com Michael J. Walker, CMCA Bridlewood Homeowners Association micwalk@tx.rr.com Anne Bernhardt Park Towers Condominium Association anneb972@gmail.com Elle Larkin Alliance Association Bank elarkin@allianceassociationbank.com

MANAGEMENT James Nicholson, Chapter Executive Director DFW Community Associations Institute 14070 Proton Road, Suite 100 Dallas, TX 75244-3601 (972) 246-3540 www.dfwcai.org office@dfwcai.org

Collaborating on new ideas to improve the services we provide the residents of our communities is something I strive to accomplish as often as possible. I have found that the CAI classes, luncheons and conferences are fun opportunities for collaboration and I always have at least one great idea to share with my teammates and business partners after attending one of these events. One of our goals at the Dallas Chapter is to provide 4 to 5 classes annually as well as educational luncheons monthly. CAI also offers most of their classes online, but I personally crave a learning environment where I can interact with my colleagues and peers. There are vast opportunities that come with education and we should take advantage of those opportunities in any way possible.

CAI also offers the CEO-MC program for the leaders of management companies. It is not surprising that Fred Shapiro, PCAM, and Judi Phares, PCAM, have been leaders of CEO-MC and chaired the conference for several years. I love this conference because not only am I able to meet and learn from CEOs from across the country, but I am also able to spend time with my friendly competitors from Texas. I am always craving opportunities to learn.

This year’s CEO-MC conference was held in San Diego, which is a beautiful city to walk and explore. (Walking and exploring are requirements for managers). On the edge of the San Diego Bay, right on the waterfront, stands the iconic County Administration Building constructed in 1926. While walking around this gorgeous building early one morning, I found the following words, “THE NOBLEST MOTIVE IS THE PUBLIC GOOD” chiseled into the lintel above the doorway of the building. I instantly thought of all our board members guiding and directing our associations. These individuals are noble in that they share their time and talents with their communities.

They are often unsung heroes. Later, while hiking from the waterfront up the hill to look back out over the bay, I pondered the ethos above. If the motive is the public good, then this sentiment applies to all of us, managers and business partners alike. Yes, we get paid, but think about this, when we climb into bed we don’t think about the money we made that day. Rather, we think about what we did or did not have time to complete, what tasks we are going to tackle tomorrow and the satisfaction we feel when we know that we have done our best. When the motive is the public good and it is commonly shared and agreed upon between board members, managers and business partners, we more often achieve the feeling of satisfaction knowing we did our best.

This leads us to the question: how do we get the stake holders in the world of community associations to understand that the motive is the public good?

Well, I suggest we go back to the top of this page. Education! This year we are hosting a sold-out board training class on November 18th. I am hoping we will hold another board training class this upcoming Spring. We all want to work with board members that are educated in association management because it makes our jobs so much easier and enjoyable. So, encourage your board members to take the class and set the example for the other members of their associations. I hope you will also join me in a class in 2018 so I may learn from you too. Let’s have an exciting new year!

Have a fun and safe holiday season and I look forward to seeing each of you in an exciting new year filled with opportunities!

Worth

5• CONTACT, FALL 2017

4

93

5

15

NUMBERS EDITION

2017 DFW/CAI Committee Chairpersons

2017 ANNUAL SPONSORS

Ambassadors of Fun Robin Anderson Reconstruction Experts, Inc. robina@reconexp.com

SUPER SPONSORS

Benson, Kerrane, Storz, & Nelson, PC Kings III Emergency Communications Lake Management Services SBB Management Company, AAMC DIAMOND SPONSORS

Community Affairs Committee Barbara Thomas First Service Residential Barbara.Thomas@fsresidential.com

1

CCMC, AAMC CertaPro RTI/Community Management Associates, Inc. “CMA”, AAMC Neighborhood Management, Inc., AAMC Orlando Group Pavecon, Ltd. Worth Ross Management Company

PLATINUM SPONSORS

Membership Committee Shawna Dalwymple Roberts Markel Weinberg Butler Hailey, PC shdalrymple@rmwbhlaw.com High Rise Managers Forum (Co-Chairs) Worth W. Ross, CMCA, AMS Worth Ross Management Co., AAMC worth@worthross.com Debbie Sanderson, CMCA, AMS Worth Ross Management Co., AAMC debbie@worthross.com

Acme Roof Systems Alliance Association Bank Blackmon Mooring/BMS CAT Brightview Landscape Services Classic Construction & Restoration Excel Association Management, Inc., AAMC Globus Management Group Homeowners Association Insurance Managers (A Scarbrough Medlin Company) Magnolia Fisheries & Lone Star Fountains McKenzie Rhody, LLP Mutual of Omaha Bank & Condocerts Pavement Services Timothy, Devolt and Company, PC

9

GOLD SPONSORS BB&T Financial Services Davis-Dyer-Max Fannin Tree Farm Henry Oddo Austin Fletcher, PC Insight Association Management, AAMC Interstate Restoration RealManage Roberts Markel Weinberg Butler Hailey, PC SOLitude Lake Management Union Bank

8

SILVER SPONSORS Bob Owens Electric, Inc. Classic Property Management Cornerstone Association Management Services Singer Association Management Texas Disaster Restoration

4

2

BRONZE SPONSORS Advanced Association Management - Allegra Marketing Print Mail - Paul Baker Insurance Agency, Inc. - The Blend Law Firm; Canady & Canady, PC Cavanaugh & Company, PLLC - Community Association Experts, AAMC - Kraftsman Playground and Park Equipment - Riddle and Williams, PC Excel Association Management, Inc., AAMC -

5

EDUCATION SPONSORS Greater Texas Landscapes - Pool Referees - Sheri Wilson Insurance Agency - Southern Botanical

“Deep in the Heart of Texas” logo recognizes our Business Partners who are a part of all four CAI Texas chapters.

6 • CONTACT, FALL 2017

Expo Committee Betty Clarady Benson, Kerrane, Storz, & Nelson, PC betty@bensonopc.com Programming Committee Beverly Coghlan, CMCA, AMS, PCAM Neighborhood Management, Inc., AAMC beverly@nmitx.com Magazine Committee Betty Crudden, CMCA, AMS, PCAM SBB Management, Company, AAMC b.crudden@sbbmanagement.com Golf Committee Jeff Higgins McKenzie Rhody, LLP jhiggins@mrcdlaw.com

4

93

5

15

NUMBERS EDITION

2017 DFW/CAI Committee Chairpersons

2017 ANNUAL SPONSORS

Ambassadors of Fun Robin Anderson Reconstruction Experts, Inc. robina@reconexp.com

SUPER SPONSORS

Benson, Kerrane, Storz, & Nelson, PC Kings III Emergency Communications Lake Management Services SBB Management Company, AAMC DIAMOND SPONSORS

Community Affairs Committee Barbara Thomas First Service Residential Barbara.Thomas@fsresidential.com

1

CCMC, AAMC CertaPro RTI/Community Management Associates, Inc. “CMA”, AAMC Neighborhood Management, Inc., AAMC Orlando Group Pavecon, Ltd. Worth Ross Management Company

PLATINUM SPONSORS

Membership Committee Shawna Dalwymple Roberts Markel Weinberg Butler Hailey, PC shdalrymple@rmwbhlaw.com High Rise Managers Forum (Co-Chairs) Worth W. Ross, CMCA, AMS Worth Ross Management Co., AAMC worth@worthross.com Debbie Sanderson, CMCA, AMS Worth Ross Management Co., AAMC debbie@worthross.com

Acme Roof Systems Alliance Association Bank Blackmon Mooring/BMS CAT Brightview Landscape Services Classic Construction & Restoration Excel Association Management, Inc., AAMC Globus Management Group Homeowners Association Insurance Managers (A Scarbrough Medlin Company) Magnolia Fisheries & Lone Star Fountains McKenzie Rhody, LLP Mutual of Omaha Bank & Condocerts Pavement Services Timothy, Devolt and Company, PC

9

GOLD SPONSORS BB&T Financial Services Davis-Dyer-Max Fannin Tree Farm Henry Oddo Austin Fletcher, PC Insight Association Management, AAMC Interstate Restoration RealManage Roberts Markel Weinberg Butler Hailey, PC SOLitude Lake Management Union Bank

8

SILVER SPONSORS Bob Owens Electric, Inc. Classic Property Management Cornerstone Association Management Services Singer Association Management Texas Disaster Restoration

4

2

BRONZE SPONSORS Advanced Association Management - Allegra Marketing Print Mail - Paul Baker Insurance Agency, Inc. - The Blend Law Firm; Canady & Canady, PC Cavanaugh & Company, PLLC - Community Association Experts, AAMC - Kraftsman Playground and Park Equipment - Riddle and Williams, PC Excel Association Management, Inc., AAMC -

5

EDUCATION SPONSORS Greater Texas Landscapes - Pool Referees - Sheri Wilson Insurance Agency - Southern Botanical

“Deep in the Heart of Texas” logo recognizes our Business Partners who are a part of all four CAI Texas chapters.

6 • CONTACT, FALL 2017

Expo Committee Betty Clarady Benson, Kerrane, Storz, & Nelson, PC betty@bensonopc.com Programming Committee Beverly Coghlan, CMCA, AMS, PCAM Neighborhood Management, Inc., AAMC beverly@nmitx.com Magazine Committee Betty Crudden, CMCA, AMS, PCAM SBB Management, Company, AAMC b.crudden@sbbmanagement.com Golf Committee Jeff Higgins McKenzie Rhody, LLP jhiggins@mrcdlaw.com

NUMBERS EDITION

Call us at (800) 713-4625 or visit www. rmwbhlaw.com

For more than 35 years, RMWBH has been representing community and condominium associations.

We are committed to providing an enhanced level of service to clients in the following practice areas: Appellate | Arbitration and Mediation | Commercial Litigation | Community Association Law Construction Law Corporate Transactions | Outside General Counsel | Cyber Risk | Directors and Officers Litigation | Estate Planning, Probate and Trust Administration Elder Law and Guardianship Fidiciary Litigation Labor and Employment Professional Liability Real Estate Law

Houston | Austin | Dallas | San Antonio | Fort Bend

Interstate is an emergency restoration and general contractor company specializing in repairing residential property nationwide. We make coping with a disaster more manageable by providing one place for all your emergency restoration, construction defect and property damage consulting needs.

Construction Defect Services: Destructive and Intrusive Testing • Estimate of Repairs • Post Litigation Repairs and Reconstruction

800–622–6433 24 Hour Emergency Response www.InterstateRestoration.com

A Leader in Professional Community Association Management When you focus on inspiring community spirit, being pro-active and providing responsive service it shows. SAM cares about its

customers and strives to exceed expections.

We have national and local experience managing master planned community associations, single family community associations, as well as townhome associations. We offer 360 full service management from development through transition and beyond.

“Our commitment is to partner with our clients as one team to create a highly desirable community living experience through outstanding service, innovative management processes and integrity.”

O f f i c e : 972.402.8352 • www .si n ger m an agem en t .com 11498 Lun a R oad • S ui t e 102 • D al l as, TX 75234 8 • CONTACT, FALL 2017

9 • CONTACT, FALL 2017

NUMBERS EDITION

Call us at (800) 713-4625 or visit www. rmwbhlaw.com

For more than 35 years, RMWBH has been representing community and condominium associations.

We are committed to providing an enhanced level of service to clients in the following practice areas: Appellate | Arbitration and Mediation | Commercial Litigation | Community Association Law Construction Law Corporate Transactions | Outside General Counsel | Cyber Risk | Directors and Officers Litigation | Estate Planning, Probate and Trust Administration Elder Law and Guardianship Fidiciary Litigation Labor and Employment Professional Liability Real Estate Law

Houston | Austin | Dallas | San Antonio | Fort Bend

Interstate is an emergency restoration and general contractor company specializing in repairing residential property nationwide. We make coping with a disaster more manageable by providing one place for all your emergency restoration, construction defect and property damage consulting needs.

Construction Defect Services: Destructive and Intrusive Testing • Estimate of Repairs • Post Litigation Repairs and Reconstruction

800–622–6433 24 Hour Emergency Response www.InterstateRestoration.com

A Leader in Professional Community Association Management When you focus on inspiring community spirit, being pro-active and providing responsive service it shows. SAM cares about its

customers and strives to exceed expections.

We have national and local experience managing master planned community associations, single family community associations, as well as townhome associations. We offer 360 full service management from development through transition and beyond.

“Our commitment is to partner with our clients as one team to create a highly desirable community living experience through outstanding service, innovative management processes and integrity.”

O f f i c e : 972.402.8352 • www .si n ger m an agem en t .com 11498 Lun a R oad • S ui t e 102 • D al l as, TX 75234 8 • CONTACT, FALL 2017

9 • CONTACT, FALL 2017

NUMBERS EDITION

If Age is just a Number, Is There A “Lazy” Way to Change It? OK, so maybe you can’t change the calendar or prevent that next birthday from rolling around, but that’s not the only way we measure age. Everyone’s heard the old saying “you’re only as old as you feel”. Well, there is a lot of truth in that statement. All of us, as we age, want to remain vital and able to thrive to the fullest extent possible. The question is “how do we do it?”.

We all know that our diet and exercise can impact our overall health. For the sake of this article, we will leave the diet portion to the nutritionists and focus on daily exercise. Countless studies have been published that highlight the physical and mental benefits of daily exercise. I’m sure you’ve heard them all. If you’re in perfect health and great shape, then nothing’s stopping you from getting started. But what if you’ve got some health or mobility issues like arthritis, or even something more permanent like a knee replacement., that makes exercising a problem. Is there a “lazy” way to increase your daily activity? It turns out, there is; An Electric Bicycle.

Some bicycle enthusiasts see electric bicycles as just a w alternative to pedal-powered bicycling. And true, electric bike rides are less strenuous than pedal powered bike rides. And therein lies the beauty.

Those who ride e-bikes are quick to point out that e-bikes make exercising available to those with health or mobility issues who otherwise never attempt it.

For many people, aching backs or sore knees make most exercise too painful to even attempt. And any exercise that you can do pain-free is better than no exercise at all.

Scientists at the University of Colorado Boulder recently did a study that confirmed that in such cases, use of an e-bike does indeed still boost the user's fitness level. This study focused on 20 volunteers that normally did received very little exercise and ordinarily commuted to work by car.

Lifestyle Enrichment.

Your community deserves a partner that understands what it takes to grow lasting relationships between homeowners and the community they live in. With over 30 years of community well served, CMA can be that

1983

30

2013

YEARS

partner.

Over the course of 1 month, these volunteers were asked to use a pedal-assisted electric bike at least 3 days per week and a minimum of 40 minutes a day.

Scientists gave them a heart rate monitor and GPS unit to use while cycling, and they were free to pick their own speed and exercise at any intensity level they desired. When all the GPS data was averaged, they found the participants' average speed was 12.5 mph (20 km/h).

At the conclusion of the 4 week study, all of the volunteers returned to the lab to have updated health tests performed. When scientists compared their starting health numbers to the numbers at the conclusion of the study, they saw a marked improvement in aerobic capacity and improved blood sugar control throughout the group.

You can read more on this study at: http://www. colorado.edu/today/2016/07/07/electric-assist-bikesprovide-meaningful-exercise-cardiovascular-benefits Submitted by: Alex Ryan, Founder Adventure Electric Bicycles, LLC. 1060 N.E. Green Oaks Blvd. Arlington, Texas 76006.

Phone: 972-641-7771 10 • CONTACT, FALL 2017

1800 Preston Park Blvd. Suite 101, Plano, TX 75093

Community.

Well Served.

Ph. 972-943-2848 www.cmamanagement.com

11 • CONTACT, FALL 2017

NUMBERS EDITION

If Age is just a Number, Is There A “Lazy” Way to Change It? OK, so maybe you can’t change the calendar or prevent that next birthday from rolling around, but that’s not the only way we measure age. Everyone’s heard the old saying “you’re only as old as you feel”. Well, there is a lot of truth in that statement. All of us, as we age, want to remain vital and able to thrive to the fullest extent possible. The question is “how do we do it?”.

We all know that our diet and exercise can impact our overall health. For the sake of this article, we will leave the diet portion to the nutritionists and focus on daily exercise. Countless studies have been published that highlight the physical and mental benefits of daily exercise. I’m sure you’ve heard them all. If you’re in perfect health and great shape, then nothing’s stopping you from getting started. But what if you’ve got some health or mobility issues like arthritis, or even something more permanent like a knee replacement., that makes exercising a problem. Is there a “lazy” way to increase your daily activity? It turns out, there is; An Electric Bicycle.

Some bicycle enthusiasts see electric bicycles as just a w alternative to pedal-powered bicycling. And true, electric bike rides are less strenuous than pedal powered bike rides. And therein lies the beauty.

Those who ride e-bikes are quick to point out that e-bikes make exercising available to those with health or mobility issues who otherwise never attempt it.

For many people, aching backs or sore knees make most exercise too painful to even attempt. And any exercise that you can do pain-free is better than no exercise at all.

Scientists at the University of Colorado Boulder recently did a study that confirmed that in such cases, use of an e-bike does indeed still boost the user's fitness level. This study focused on 20 volunteers that normally did received very little exercise and ordinarily commuted to work by car.

Lifestyle Enrichment.

Your community deserves a partner that understands what it takes to grow lasting relationships between homeowners and the community they live in. With over 30 years of community well served, CMA can be that

1983

30

2013

YEARS

partner.

Over the course of 1 month, these volunteers were asked to use a pedal-assisted electric bike at least 3 days per week and a minimum of 40 minutes a day.

Scientists gave them a heart rate monitor and GPS unit to use while cycling, and they were free to pick their own speed and exercise at any intensity level they desired. When all the GPS data was averaged, they found the participants' average speed was 12.5 mph (20 km/h).

At the conclusion of the 4 week study, all of the volunteers returned to the lab to have updated health tests performed. When scientists compared their starting health numbers to the numbers at the conclusion of the study, they saw a marked improvement in aerobic capacity and improved blood sugar control throughout the group.

You can read more on this study at: http://www. colorado.edu/today/2016/07/07/electric-assist-bikesprovide-meaningful-exercise-cardiovascular-benefits Submitted by: Alex Ryan, Founder Adventure Electric Bicycles, LLC. 1060 N.E. Green Oaks Blvd. Arlington, Texas 76006.

Phone: 972-641-7771 10 • CONTACT, FALL 2017

1800 Preston Park Blvd. Suite 101, Plano, TX 75093

Community.

Well Served.

Ph. 972-943-2848 www.cmamanagement.com

11 • CONTACT, FALL 2017

NUMBERS EDITION

Watching the Numbers = Eco-Friendly Beauty

H

OA management has its challenges, and as community managers we rise to meet these challenges daily. Most of us also work to create an annual budget, and then do our best to work within the set budget throughout the year. One common challenge we share is landscaping and its costs to a community. This also includes water costs. I wonder how many of us have stood up at an annual meeting addressing landscape maintenance contracts and irrigation costs. Personally I think quite a few of us can raise our hand here. Most owners notice colorful flowers and how the curb appeal of their community impacts their home values. However, as managers we know to have vibrant, eye-catching color, it all comes down to how much the HOA is willing to budget and ultimately spend.

In order to keep common areas colorful and the grasses green and lush a manager must also depend on the knowledge of their community’s landscaper. Having a balance between owner and Board expectations while contracting with a reliable landscape vendor can be tedious. However, when balance is met it can be rewarding. When this happens we breathe deeply and enjoy the moment no matter how brief.

12 • CONTACT, FALL 2017

Last spring that balance was met at Creekside at Stonebriar Homeowner’s Association, Frisco. The Board at Creekside at Stonebriar set out to make the most of their common areas while being budget-minded. The landscape committee chair presented the Board with a few new ideas on updating the current landscape. With their recommendation the Board decided it was time for a change in landscape design and approved a full makeover of the community’s common areas.

This approval was based on the efforts of the landscape committee, the trust in the landscape contractor and the Board’s management of the HOA budget.

The Board and landscape committee, while working closely with their landscaper and manager, chose to go Texas-native with their new designs. The landscaper recommended various varieties of native and adaptive plants rather than non-native plants. The result was, and is stunning! The design plans were so lovely it caught the eye of The City of Frisco. In fact, one of the City’s representative’s reached out to schedule an interview with the Board President and Community Manager.

Creekside at Stonebriar earned the City of Frisco’s 5-Star designation for 2017 and was also honored to earn the HOA Spotlight for the July 2017 Water Wise Newsletter, Frisco issue.

The article complimented the HOA for creating lovely vignettes throughout the community all while managing to save water and money. Creekside at Stonebriar runs along Stonebriar Creek and Legacy. The common area landscaping was designed to work with the overall ecosystem while having a low impact on the environment. Beyond being a beautiful HOA they were able to lower irrigation (watering) costs and overall plant material costs by decreasing the seasonal color area. The majority of plants used are perennials and only need seasonal pruning and care. The plants chosen actually represent changes seasonally, meaning as one perennial is going dormant another is coming into its season.

By managing their budget and going with native landscaping Creekside at Stonebriar HOA has achieved a “win” “win” for their community.

Cindy Martin, CMCA®, AMS® Community Manager SBB Management Company, AAMC®

Photos by: Valerie McKito, Water Education Coordinator,

City of Frisco; Water Wise Newsletter, July 17, 2017

13 • CONTACT, FALL 2017

NUMBERS EDITION

Watching the Numbers = Eco-Friendly Beauty

H

OA management has its challenges, and as community managers we rise to meet these challenges daily. Most of us also work to create an annual budget, and then do our best to work within the set budget throughout the year. One common challenge we share is landscaping and its costs to a community. This also includes water costs. I wonder how many of us have stood up at an annual meeting addressing landscape maintenance contracts and irrigation costs. Personally I think quite a few of us can raise our hand here. Most owners notice colorful flowers and how the curb appeal of their community impacts their home values. However, as managers we know to have vibrant, eye-catching color, it all comes down to how much the HOA is willing to budget and ultimately spend.

In order to keep common areas colorful and the grasses green and lush a manager must also depend on the knowledge of their community’s landscaper. Having a balance between owner and Board expectations while contracting with a reliable landscape vendor can be tedious. However, when balance is met it can be rewarding. When this happens we breathe deeply and enjoy the moment no matter how brief.

12 • CONTACT, FALL 2017

Last spring that balance was met at Creekside at Stonebriar Homeowner’s Association, Frisco. The Board at Creekside at Stonebriar set out to make the most of their common areas while being budget-minded. The landscape committee chair presented the Board with a few new ideas on updating the current landscape. With their recommendation the Board decided it was time for a change in landscape design and approved a full makeover of the community’s common areas.

This approval was based on the efforts of the landscape committee, the trust in the landscape contractor and the Board’s management of the HOA budget.

The Board and landscape committee, while working closely with their landscaper and manager, chose to go Texas-native with their new designs. The landscaper recommended various varieties of native and adaptive plants rather than non-native plants. The result was, and is stunning! The design plans were so lovely it caught the eye of The City of Frisco. In fact, one of the City’s representative’s reached out to schedule an interview with the Board President and Community Manager.

Creekside at Stonebriar earned the City of Frisco’s 5-Star designation for 2017 and was also honored to earn the HOA Spotlight for the July 2017 Water Wise Newsletter, Frisco issue.

The article complimented the HOA for creating lovely vignettes throughout the community all while managing to save water and money. Creekside at Stonebriar runs along Stonebriar Creek and Legacy. The common area landscaping was designed to work with the overall ecosystem while having a low impact on the environment. Beyond being a beautiful HOA they were able to lower irrigation (watering) costs and overall plant material costs by decreasing the seasonal color area. The majority of plants used are perennials and only need seasonal pruning and care. The plants chosen actually represent changes seasonally, meaning as one perennial is going dormant another is coming into its season.

By managing their budget and going with native landscaping Creekside at Stonebriar HOA has achieved a “win” “win” for their community.

Cindy Martin, CMCA®, AMS® Community Manager SBB Management Company, AAMC®

Photos by: Valerie McKito, Water Education Coordinator,

City of Frisco; Water Wise Newsletter, July 17, 2017

13 • CONTACT, FALL 2017

NUMBERS EDITION

A Resident Expert in Your Landscape

At CCMC, we build community by bringing people together in the neighborhoods where they live and in the offices where we work.

Simply put, we create experiences that connect people.

Creating a place that feels like home starts from the ground up. Enlist a skilled team with deep expertise in creating outdoor spaces that impress and ensure your community is a coveted place to live. With thoughtful planning and an unwavering attention to detail, we ensure your community’s goals are met and resident satisfaction is high.

Contact Us

Smiles.

Harmony.

Joy.

One Partner for All Your Landscape Needs Design • Develop • Maintain • Enhance

Brian Wiedenhoeft Regional Key Account Manager C. 972 880 7066 brian.wiedenhoeft@brightview.com

www.brightview.com

Community Association Management  469.246.3500  www.CCMCnet.com 14• CONTACT, FALL 2017

15 • CONTACT, FALL 2017

NUMBERS EDITION

A Resident Expert in Your Landscape

At CCMC, we build community by bringing people together in the neighborhoods where they live and in the offices where we work.

Simply put, we create experiences that connect people.

Creating a place that feels like home starts from the ground up. Enlist a skilled team with deep expertise in creating outdoor spaces that impress and ensure your community is a coveted place to live. With thoughtful planning and an unwavering attention to detail, we ensure your community’s goals are met and resident satisfaction is high.

Contact Us

Smiles.

Harmony.

Joy.

One Partner for All Your Landscape Needs Design • Develop • Maintain • Enhance

Brian Wiedenhoeft Regional Key Account Manager C. 972 880 7066 brian.wiedenhoeft@brightview.com

www.brightview.com

Community Association Management  469.246.3500  www.CCMCnet.com 14• CONTACT, FALL 2017

15 • CONTACT, FALL 2017

STORM SERVICES

DFW CAI Member News

NUMBERS EDITION

TREE BRACING & CABLING PEST MANAGEMENT SOIL MANAGEMENT

Sunnyland Patio Furniture Dallas based, family-owned, Sunnyland Patio Furniture was honored with the prestigious Apollo Award by the International Casual Furnishings Association (ICFA) during an Awards Gala at the Casual Furniture Market in Chicago.

In May, Sunnyland was recognized by trade publication, Home Accents Today, as a Retail Stars for its use of accent pieces and vignette styled merchandising.

Sunnyland is the largest patio furniture store in Texas with a 37,000 square foot showroom and over 300 outdoor furniture collections and umbrellas on display. With 47 years of outdoor furniture presence in Dallas, Sunnyland continues to be the trusted, go-to store for North Texas families furnishing their outdoor spaces.

For more information about Sunnyland, visit www. sunnylandfurniture.com and follow Sunnyland on Facebook, Instagram and Twitter for the latest patio news, trends and design inspiration.

SBB Management Company SBB Management Company is proud to announce our recent manager designations! Please congratulate these managers for their latest accomplishments: The ICFA recognizes retail excellence in the sales and marketing of outdoor furnishings. Finalists for the nationally recognized Apollo Award must demonstrate outstanding accomplishments and commitment of the highest level in business ethics and integrity and must exemplify exceptional customer service.

Cindy Martin – AMS ® Chelsea Chambo - CMCA ® Rick Abair - CMCA ® Terry Moore - AMS ®

In June, Sunnyland was also awarded the Home Furnishings Association Retailer of the Year Award, presented at the annual Home Furnishings Networking Conference in San Antonio.

Sunnyland was the very first casual furniture to receive this national furnishings honor. The award was based on Sunnyland’s exhibit of exceptional philanthropy, technology, customer experience, mentoring, sustainability and store design/ merchandising.

McKenzie Rhody LLP

This has been an astounding year for Sunnyland with multiple recognitions combined with numerous fundraising opportunities.

Through customer give-back incentives, Sunnyland was able to make a donation of $3,000 to Carry the Load in July, a donation of gently used furniture for the Dallas Furniture Bank in March and this past week, a donation of $3,000 to the Red Cross for the Hurricane Harvey relief effort.

McKenzie Rhody LLP, Construction Defect Attorneys, announced on August 28, 2017, Allan R. Mena as new partner. Mr. Mena leads the firm's Texas offices Mr. Mena has extensive experience in construction defect litigation representing contractors, homeowners and homeowner associations. He has also been recognized by the "Super Lawyers" magazine as a "Rising Star" from 2009 – 2014 in the construction defect field. He is indeed a star among construction defect attorneys, which is how he found a home at McKenzie Rhody. Mena is a graduate of the University of Colorado at Boulder (BS) and New York Law School (JD).

WE OFFER QUALITY, COMPREHENSIVE AIR SPADE & AERATION TREATMENTS ARBORICULTURAL SERVICES FanninTreeFarm.com (972) 747-9233 15700 Highway 121, Frisco, TX 75035 · Barbara@FanninTreeFarm.com

CONSULTING TREE PRUNING

Making Financing Easy for TREE REMOVAL Condominium and Homeowners Associations TREE SURVEYS, DIAGNOSTICS & TREATMENTS

Association Services

STORM SERVICES

Matt Hiebert, AVP/Relationship Manager TREE BRACING &•CABLING 469-440-0717 MHiebert@BBandT.com Branch Banking and MANAGEMENT Trust Company is a Member FDIC and an Equal Housing Lender.

PEST Loans are subject to credit approval. Only deposit products are FDIC insured. © 2016, Branch Banking and Trust Company. All rights reserved.

SOIL MANAGEMENT 16 • CONTACT, FALL 2017

17 • CONTACT, Spring 2017

STORM SERVICES

DFW CAI Member News

NUMBERS EDITION

TREE BRACING & CABLING PEST MANAGEMENT SOIL MANAGEMENT

Sunnyland Patio Furniture Dallas based, family-owned, Sunnyland Patio Furniture was honored with the prestigious Apollo Award by the International Casual Furnishings Association (ICFA) during an Awards Gala at the Casual Furniture Market in Chicago.

In May, Sunnyland was recognized by trade publication, Home Accents Today, as a Retail Stars for its use of accent pieces and vignette styled merchandising.

Sunnyland is the largest patio furniture store in Texas with a 37,000 square foot showroom and over 300 outdoor furniture collections and umbrellas on display. With 47 years of outdoor furniture presence in Dallas, Sunnyland continues to be the trusted, go-to store for North Texas families furnishing their outdoor spaces.

For more information about Sunnyland, visit www. sunnylandfurniture.com and follow Sunnyland on Facebook, Instagram and Twitter for the latest patio news, trends and design inspiration.

SBB Management Company SBB Management Company is proud to announce our recent manager designations! Please congratulate these managers for their latest accomplishments: The ICFA recognizes retail excellence in the sales and marketing of outdoor furnishings. Finalists for the nationally recognized Apollo Award must demonstrate outstanding accomplishments and commitment of the highest level in business ethics and integrity and must exemplify exceptional customer service.

Cindy Martin – AMS ® Chelsea Chambo - CMCA ® Rick Abair - CMCA ® Terry Moore - AMS ®

In June, Sunnyland was also awarded the Home Furnishings Association Retailer of the Year Award, presented at the annual Home Furnishings Networking Conference in San Antonio.

Sunnyland was the very first casual furniture to receive this national furnishings honor. The award was based on Sunnyland’s exhibit of exceptional philanthropy, technology, customer experience, mentoring, sustainability and store design/ merchandising.

McKenzie Rhody LLP

This has been an astounding year for Sunnyland with multiple recognitions combined with numerous fundraising opportunities.

Through customer give-back incentives, Sunnyland was able to make a donation of $3,000 to Carry the Load in July, a donation of gently used furniture for the Dallas Furniture Bank in March and this past week, a donation of $3,000 to the Red Cross for the Hurricane Harvey relief effort.

McKenzie Rhody LLP, Construction Defect Attorneys, announced on August 28, 2017, Allan R. Mena as new partner. Mr. Mena leads the firm's Texas offices Mr. Mena has extensive experience in construction defect litigation representing contractors, homeowners and homeowner associations. He has also been recognized by the "Super Lawyers" magazine as a "Rising Star" from 2009 – 2014 in the construction defect field. He is indeed a star among construction defect attorneys, which is how he found a home at McKenzie Rhody. Mena is a graduate of the University of Colorado at Boulder (BS) and New York Law School (JD).

WE OFFER QUALITY, COMPREHENSIVE AIR SPADE & AERATION TREATMENTS ARBORICULTURAL SERVICES FanninTreeFarm.com (972) 747-9233 15700 Highway 121, Frisco, TX 75035 · Barbara@FanninTreeFarm.com

CONSULTING TREE PRUNING

Making Financing Easy for TREE REMOVAL Condominium and Homeowners Associations TREE SURVEYS, DIAGNOSTICS & TREATMENTS

Association Services

STORM SERVICES

Matt Hiebert, AVP/Relationship Manager TREE BRACING &•CABLING 469-440-0717 MHiebert@BBandT.com Branch Banking and MANAGEMENT Trust Company is a Member FDIC and an Equal Housing Lender.

PEST Loans are subject to credit approval. Only deposit products are FDIC insured. © 2016, Branch Banking and Trust Company. All rights reserved.

SOIL MANAGEMENT 16 • CONTACT, FALL 2017

17 • CONTACT, Spring 2017

NUMBERS EDITION

A Community Manager by the Numbers When your community is being “managed,” the bills get paid, assessments get collected, light bulbs get changed and lawns get mowed. Believe it or not, it’s not little elves that take care of these things, but often a team of pros that work under the umbrella of Community Management. These are just several of the many duties a Community Manager has. If managers are doing their jobs right, homeowners might not even realize how many different things, both big and small, that their management company does. The job description is as varied as a day in the life of a community manager.

As many in this industry would say, “there is no such thing as an average day.” Daily, we are answering emails, returning phone calls, reviewing open tasks, preparing monthly management reports for board meetings, checking in with vendors regarding current or potential projects, procuring proposals for work or contracted services needed.

The most time-consuming daily tasks can simply be responding to homeowners’ requests, concerns and complaints. Sure, some management companies may have slightly different work-flows and procedures, but typically there’s a point person to deal with daily tasks like these; this in most occasions in your community manager. There are many reasons for a Community Manager, but first and foremost, to be very fast at responding to issues that come up and to be there for the board. In my opinion, it can be reactive, but a successful manager responds quickly and is expected to handle the unexpected.

In addition to the more unusual, there are vital seasonal responsibilities that a manager takes on as well. On an annual basis, we are very busy in the spring evaluating landscaping and maintenance needs, summer is pool season and many projects are starting and completing. In the fall, we are preparing budgets for the following year, conducting annual meetings and elections, preparing for year-end audits, and then we prepare for winter.

The needs and projects are typically evaluated by professional contractors / vendors. The manager will do all the necessary research and come up with the most intelligent options, factoring in legal, practical and financial issues. But with all these responsibilities, it’s important for associations to understand that the manager definitely makes recommendations but not the final decisions. I believe it’s up to us to lead and guide the association and where you can really add value is in really helping the board to plan and deal with issues, tell them what we recommend and ask them how we should proceed.

To juggle all these jobs, a successful manager needs a wideranging skill set — You have to be an expert in “everything” from knowing state laws and each association’s governing documents, to insurance, financial and budgeting, maintenance and building components, negotiating contracts, and much more. You must be very adaptable, well organized, and able to prioritize quickly with of course a friendly and outgoing personality, having a sense of integrity, responsibility and responsiveness.

You arrive in the morning and you have five projects you want to do then you realize it’s 5:30 in the evening and you may not have gotten to any of them, because part of what we do is deal with emergencies and occurrences that are unplanned.

There is a huge component of customer service without much direct thanks, so a sense of humor as well as self-satisfaction is useful as well. You're constantly juggling multiple priorities and a manager's job is never done.

We have monthly financial reports that the board can review, but we’re not leaving them to notice the delinquency; it’s up to us to tell them, and then we recommend something. Because a foreclosure can affect and worry the whole association, the management company needs to take that into account too.

We don’t just tell them this is happening, but we take steps to protect the association.

Whether you’re reading this as a manager, management company, contractor, homeowner or board member, this is the day in the life of a community manager and a community manager by the numbers.

Responding to all situations in a professional manner is crucial.

What we first do is find out the facts and figure out the best solution. Since everything is unique, you have to listen carefully, get all the relevant data and form the appropriate response, whether it’s a single phone call to a supplier or more complex.

18 • CONTACT, FALL 2017

Jeremy Dukes, Community Manager Sendera Ranch HOA SBB Management Company, AAMC

19 • CONTACT, FALL 2017

NUMBERS EDITION

A Community Manager by the Numbers When your community is being “managed,” the bills get paid, assessments get collected, light bulbs get changed and lawns get mowed. Believe it or not, it’s not little elves that take care of these things, but often a team of pros that work under the umbrella of Community Management. These are just several of the many duties a Community Manager has. If managers are doing their jobs right, homeowners might not even realize how many different things, both big and small, that their management company does. The job description is as varied as a day in the life of a community manager.

As many in this industry would say, “there is no such thing as an average day.” Daily, we are answering emails, returning phone calls, reviewing open tasks, preparing monthly management reports for board meetings, checking in with vendors regarding current or potential projects, procuring proposals for work or contracted services needed.

The most time-consuming daily tasks can simply be responding to homeowners’ requests, concerns and complaints. Sure, some management companies may have slightly different work-flows and procedures, but typically there’s a point person to deal with daily tasks like these; this in most occasions in your community manager. There are many reasons for a Community Manager, but first and foremost, to be very fast at responding to issues that come up and to be there for the board. In my opinion, it can be reactive, but a successful manager responds quickly and is expected to handle the unexpected.

In addition to the more unusual, there are vital seasonal responsibilities that a manager takes on as well. On an annual basis, we are very busy in the spring evaluating landscaping and maintenance needs, summer is pool season and many projects are starting and completing. In the fall, we are preparing budgets for the following year, conducting annual meetings and elections, preparing for year-end audits, and then we prepare for winter.

The needs and projects are typically evaluated by professional contractors / vendors. The manager will do all the necessary research and come up with the most intelligent options, factoring in legal, practical and financial issues. But with all these responsibilities, it’s important for associations to understand that the manager definitely makes recommendations but not the final decisions. I believe it’s up to us to lead and guide the association and where you can really add value is in really helping the board to plan and deal with issues, tell them what we recommend and ask them how we should proceed.

To juggle all these jobs, a successful manager needs a wideranging skill set — You have to be an expert in “everything” from knowing state laws and each association’s governing documents, to insurance, financial and budgeting, maintenance and building components, negotiating contracts, and much more. You must be very adaptable, well organized, and able to prioritize quickly with of course a friendly and outgoing personality, having a sense of integrity, responsibility and responsiveness.

You arrive in the morning and you have five projects you want to do then you realize it’s 5:30 in the evening and you may not have gotten to any of them, because part of what we do is deal with emergencies and occurrences that are unplanned.

There is a huge component of customer service without much direct thanks, so a sense of humor as well as self-satisfaction is useful as well. You're constantly juggling multiple priorities and a manager's job is never done.

We have monthly financial reports that the board can review, but we’re not leaving them to notice the delinquency; it’s up to us to tell them, and then we recommend something. Because a foreclosure can affect and worry the whole association, the management company needs to take that into account too.

We don’t just tell them this is happening, but we take steps to protect the association.

Whether you’re reading this as a manager, management company, contractor, homeowner or board member, this is the day in the life of a community manager and a community manager by the numbers.

Responding to all situations in a professional manner is crucial.

What we first do is find out the facts and figure out the best solution. Since everything is unique, you have to listen carefully, get all the relevant data and form the appropriate response, whether it’s a single phone call to a supplier or more complex.

18 • CONTACT, FALL 2017

Jeremy Dukes, Community Manager Sendera Ranch HOA SBB Management Company, AAMC

19 • CONTACT, FALL 2017

CL SSIC Construction & Restoration, Inc.

A Full Service General Contractor Preferred Contractor of Property Managers g Fascia & Soffit Repair Fire Restorations g Plumbing Flood Restoration g Construction Defect g Electrical g Air Conditioning Consulting & Engineering g Complete Property Rehabs g Pool Repair g Fencing - All Types g Foundation Repair g Painting - Exterior and g Framing/Drywall g Brick Repair Interior g Remodeling - All Aspects g Janitorial Services g General Building Maintenance - Maintenance Crews and Maintenance Programs available for your property g g

(972) 437-0909

406 S. Yale Dr. Garland, TX 75042 www.classicconstruction.com sendmeinfo@classicconstruction.com Fully Insured Emergency Services Available 24/7

Serving the Metroplex for over 90 years

Community association management professionals serving North Texas with easily accessible offices in Tarrant and Collin counties. Excel provides full and financial management to a wide variety of community associations such as HOAS, condominiums, townhomes, office condominiums, and developer-controlled communities.

Committed to Excellence 

25+ Years in Business



Personalized community websites



Real person on every call; no phone bank



Actively involved in the DFW chapter of CAI



Accredited Association Management Company (AAMC)



Sole focus on community association management Excel Association Management, Inc. P.O. Box 941169 Plano, TX 75094 (972) 881-7488 www.excelam.com

20 • CONTACT, FALL 2017

www.timothydevolt.com 4099 McEwen Road, Suite 130 Farmers Branch, TX 75244 Office 972-980-4315 stimothy@timothydevolt.com 21 • CONTACT, FALL 2017

CL SSIC Construction & Restoration, Inc.

A Full Service General Contractor Preferred Contractor of Property Managers g Fascia & Soffit Repair Fire Restorations g Plumbing Flood Restoration g Construction Defect g Electrical g Air Conditioning Consulting & Engineering g Complete Property Rehabs g Pool Repair g Fencing - All Types g Foundation Repair g Painting - Exterior and g Framing/Drywall g Brick Repair Interior g Remodeling - All Aspects g Janitorial Services g General Building Maintenance - Maintenance Crews and Maintenance Programs available for your property g g

(972) 437-0909

406 S. Yale Dr. Garland, TX 75042 www.classicconstruction.com sendmeinfo@classicconstruction.com Fully Insured Emergency Services Available 24/7

Serving the Metroplex for over 90 years

Community association management professionals serving North Texas with easily accessible offices in Tarrant and Collin counties. Excel provides full and financial management to a wide variety of community associations such as HOAS, condominiums, townhomes, office condominiums, and developer-controlled communities.

Committed to Excellence 

25+ Years in Business



Personalized community websites



Real person on every call; no phone bank



Actively involved in the DFW chapter of CAI



Accredited Association Management Company (AAMC)



Sole focus on community association management Excel Association Management, Inc. P.O. Box 941169 Plano, TX 75094 (972) 881-7488 www.excelam.com

20 • CONTACT, FALL 2017

www.timothydevolt.com 4099 McEwen Road, Suite 130 Farmers Branch, TX 75244 Office 972-980-4315 stimothy@timothydevolt.com 21 • CONTACT, FALL 2017

NUMBERS EDITION

When HOA Becomes a Four-Letter Word By: Melody Fritz, Communications Manager, Nabr Network

Education.

Engagement.

CC&R and architectural control violations certainly lead to ruffled feathers. An owner who receives a violation notice and doesn’t know what they’ve done wrong may feel unfairly singled out. These seemingly unjust violations lead to venomous criticism from owners - both directly to the community management company - and worse - in the press.

Homeowners are less likely to disparage an association that they feel personally involved in. Engagement is the key to helping owners feel more connected with their HOA. To engage owners, you must make them aware of upcoming community events and involvement opportunities.

It’s imperative that all owners are aware of and understand association rules and procedures.

Providing this kind of education will show owners that you are there to help them—not drive them crazy with “baseless” violations.

Get the word out about meetings, parties, volunteer opportunities and committee openings.

The more aligned with the HOA residents feel, the more respect they will have for the HOA’s rules, the Board and the association management.

HOAs don’t have to carry a negative connotation. As service providers in the HOA industry, we owe it to our clients and each other to actively improve the image of the HOA industry. By using communication to boost transparency, education and engagement, we can earn the trust and respect of this 13% and improve the HOA experience for all homeowners.

Winning over owners who see their HOA as a nuisance instead of an asset.

Homeowners and community associations exist to benefit the owners in the association. 87% of homeowners would rate their satisfaction with their HOA as positive (65%) or neutral (22%)*; however, we seem to hear the other 13% more loudly.

HOA rules and regulations are in place to protect property values and keep the neighborhood looking neat and clean.

HOAs also provide a number of amenities and services that are not provided at the city-level. High property values, presentable neighborhood and extra amenities?

Sounds like a win, win, win; however, some homeowners think of the HOA as a nuisance and not a benefit. To change the opinion of this 13%, we must earn their trust and respect. Here are a few ideas that can you can apply in the community associations you manage to win back these critical owners.

Transparency.

Much of homeowner dissatisfaction is rooted in distrust. Some owners believe HOA spending is not in the best interest of the community. Others grow restless when dues increase—without a reasonable explanation. This discomfort can be relieved through transparent communication.

Post association financials in a secure place where all owners can access whenever and wherever they’d like. Explain what caused the dues increase. Owners may be less likely to complain if they see that they are directly benefitting from a dues increase.

*Source: Community Associations Institute www.caionline.org

Join us in working to positively engage HOA members!

Contact Nabr Network today and let’s talk about the possibilities! melody.fritz@NabrNetwork.com | www.NabrNetwork.com 855.373.5722 Direct: 972.738.0222

22 • CONTACT, FALL 2017

23 • CONTACT, FALL 2017

NUMBERS EDITION

When HOA Becomes a Four-Letter Word By: Melody Fritz, Communications Manager, Nabr Network

Education.

Engagement.

CC&R and architectural control violations certainly lead to ruffled feathers. An owner who receives a violation notice and doesn’t know what they’ve done wrong may feel unfairly singled out. These seemingly unjust violations lead to venomous criticism from owners - both directly to the community management company - and worse - in the press.

Homeowners are less likely to disparage an association that they feel personally involved in. Engagement is the key to helping owners feel more connected with their HOA. To engage owners, you must make them aware of upcoming community events and involvement opportunities.

It’s imperative that all owners are aware of and understand association rules and procedures.

Providing this kind of education will show owners that you are there to help them—not drive them crazy with “baseless” violations.

Get the word out about meetings, parties, volunteer opportunities and committee openings.

The more aligned with the HOA residents feel, the more respect they will have for the HOA’s rules, the Board and the association management.

HOAs don’t have to carry a negative connotation. As service providers in the HOA industry, we owe it to our clients and each other to actively improve the image of the HOA industry. By using communication to boost transparency, education and engagement, we can earn the trust and respect of this 13% and improve the HOA experience for all homeowners.

Winning over owners who see their HOA as a nuisance instead of an asset.

Homeowners and community associations exist to benefit the owners in the association. 87% of homeowners would rate their satisfaction with their HOA as positive (65%) or neutral (22%)*; however, we seem to hear the other 13% more loudly.

HOA rules and regulations are in place to protect property values and keep the neighborhood looking neat and clean.

HOAs also provide a number of amenities and services that are not provided at the city-level. High property values, presentable neighborhood and extra amenities?

Sounds like a win, win, win; however, some homeowners think of the HOA as a nuisance and not a benefit. To change the opinion of this 13%, we must earn their trust and respect. Here are a few ideas that can you can apply in the community associations you manage to win back these critical owners.

Transparency.

Much of homeowner dissatisfaction is rooted in distrust. Some owners believe HOA spending is not in the best interest of the community. Others grow restless when dues increase—without a reasonable explanation. This discomfort can be relieved through transparent communication.

Post association financials in a secure place where all owners can access whenever and wherever they’d like. Explain what caused the dues increase. Owners may be less likely to complain if they see that they are directly benefitting from a dues increase.

*Source: Community Associations Institute www.caionline.org

Join us in working to positively engage HOA members!

Contact Nabr Network today and let’s talk about the possibilities! melody.fritz@NabrNetwork.com | www.NabrNetwork.com 855.373.5722 Direct: 972.738.0222

22 • CONTACT, FALL 2017

23 • CONTACT, FALL 2017

CONTACT CONTACT

NUMBERS EDITION

First Quarter, 2008

A Publication of Community Associations Institute - Dallas/Fort Worth Chapter

First Quarter, 2008

A Publication of Community Associations Institute - Dallas/Fort Worth Chapter

10 Color Tips

By PPG Voice of Color

Trying to figure out your home’s personality, style and color story is an exciting process – but not everyone thinks this way. For some, thinking about color can be daunting. Is color a trend? Or, is it only a fad? Should I wallpaper my dining room, or should I chose a deep rich plum paint color to paint the walls? We have pulled together a few tips to help you in your color story.

3. Repeat the paint colors that are used in your

6. Warm white. If you go with clean white

9. Powder rooms, go bold. These are the

pillows, window treatments or fabrics. It gives a nice unifying “designed” look to the space. Color chips help you accomplish this goal, too.

walls, make sure your décor wants a pure white.

If your décor is warm make it a creamy white.

Add softness with a tint of your favorite color.

perfect spaces for big color. Experiment with a big red, rich violet or dramatic black to make a statement and have a little fun.

2. Look up! Ceilings don’t have to be white.

5. Accentuate the positive. How do you know

7. Trim – same or different? To minimize unattractive trim, paint the trim the same color as the wall. To accentuate the trim and the architectural molding, paint it lighter or darker than the wall.

10. Optical illusions. Painting one wall of a

keep it going for all of your rooms that are open and connected.

4. Choose your paint color last. Paint can be matched to any color, so look at your furniture, flooring, window treatments, and pull your paint color from those décor pieces.

1. What’s your story? Choose a color story and

If the wall color is light enough, use the same color on the ceiling. For dark walls choose a color that is 1-2 shades lighter than the walls.

Or, choose a coordinating color that ties in with your fabrics.

which wall to use as your accent wall? It should be the focal point in your room. Choose a wall with a fire place, the wall where your bed is located, or that wall that showcases that great painting.

8. Shelf space. Open shelves are a great place to add color blocks. Consider painting behind the shelves different color blocks to create interest and design.

hallway a darker color than the other wall make the hallway appear wider. Choose an entirely different color for this wall at the end of the hallway, too. This new color will lead you down the hallway and it will create visual interest.

These are just a few tips for color selection.

Need help selecting color for your home - contact Pamela Abeyta, Color Consultantcat 469-267-8985 or email her at pabeyta@ppg.com To find out more, check out www.ppgvoiceofcolor.com to watch videos, order free paint color swatches and play the Color Game to find out your Color personality. PPG Paints is the world leader in coatings. We paint everything from the planes you fly in to the cars you drive and even those beautiful appliances you put in your home.

24 • CONTACT, FALL 2017

CONTACT CONTACT

NUMBERS EDITION

First Quarter, 2008

A Publication of Community Associations Institute - Dallas/Fort Worth Chapter

First Quarter, 2008

A Publication of Community Associations Institute - Dallas/Fort Worth Chapter

10 Color Tips

By PPG Voice of Color

Trying to figure out your home’s personality, style and color story is an exciting process – but not everyone thinks this way. For some, thinking about color can be daunting. Is color a trend? Or, is it only a fad? Should I wallpaper my dining room, or should I chose a deep rich plum paint color to paint the walls? We have pulled together a few tips to help you in your color story.

3. Repeat the paint colors that are used in your

6. Warm white. If you go with clean white

9. Powder rooms, go bold. These are the

pillows, window treatments or fabrics. It gives a nice unifying “designed” look to the space. Color chips help you accomplish this goal, too.

walls, make sure your décor wants a pure white.

If your décor is warm make it a creamy white.

Add softness with a tint of your favorite color.

perfect spaces for big color. Experiment with a big red, rich violet or dramatic black to make a statement and have a little fun.

2. Look up! Ceilings don’t have to be white.

5. Accentuate the positive. How do you know

7. Trim – same or different? To minimize unattractive trim, paint the trim the same color as the wall. To accentuate the trim and the architectural molding, paint it lighter or darker than the wall.

10. Optical illusions. Painting one wall of a

keep it going for all of your rooms that are open and connected.

4. Choose your paint color last. Paint can be matched to any color, so look at your furniture, flooring, window treatments, and pull your paint color from those décor pieces.

1. What’s your story? Choose a color story and

If the wall color is light enough, use the same color on the ceiling. For dark walls choose a color that is 1-2 shades lighter than the walls.

Or, choose a coordinating color that ties in with your fabrics.

which wall to use as your accent wall? It should be the focal point in your room. Choose a wall with a fire place, the wall where your bed is located, or that wall that showcases that great painting.

8. Shelf space. Open shelves are a great place to add color blocks. Consider painting behind the shelves different color blocks to create interest and design.

hallway a darker color than the other wall make the hallway appear wider. Choose an entirely different color for this wall at the end of the hallway, too. This new color will lead you down the hallway and it will create visual interest.

These are just a few tips for color selection.

Need help selecting color for your home - contact Pamela Abeyta, Color Consultantcat 469-267-8985 or email her at pabeyta@ppg.com To find out more, check out www.ppgvoiceofcolor.com to watch videos, order free paint color swatches and play the Color Game to find out your Color personality. PPG Paints is the world leader in coatings. We paint everything from the planes you fly in to the cars you drive and even those beautiful appliances you put in your home.

24 • CONTACT, FALL 2017

NUMBERS EDITION

Commited To Community Building

HOA RENOVATIONS

COMMITTED TO COMMUNITY IMPROVEMENT 972.494.1600 GLOBUSMANAGE.COM 26 • CONTACT, FALL 2017

27 • CONTACT, FALL 2017

NUMBERS EDITION

Commited To Community Building

HOA RENOVATIONS

COMMITTED TO COMMUNITY IMPROVEMENT 972.494.1600 GLOBUSMANAGE.COM 26 • CONTACT, FALL 2017

27 • CONTACT, FALL 2017

NUMBERS EDITION

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Communities and HOAs across Texas using LED Lighting to Save on Energy & Maintenance

All of our studies now include ForeSite™

Serving you from our new Texas office.

(800) 221-9882

In the past several years, LED lighting has grown from an “early adopter” technology to the most widely used lighting methods. With the growth of the industry and steady demand, the costs have come down; we are at a point where almost every new fixture is LED. Not only do they save between 50-90% on energy, but they also have lifespans that can reach as far as ten to fifteen years depending on the manufacturer.

Communities and HOA managers are now realizing the many benefits that LEDs can provide for their clients. In the past, many people shied away from LEDs because they generally came in either a very bright white color or one with a bluish tint. Now they come in a wide range of color temperatures to match any residential or community requirements.

The most popular color temperature for communities, 3000 Kelvin, provides a soft, warm white light that is pleasing to drivers and pedestrians in parks. It is also the recommended color temperature of the American Medical Association.

Many communities have lighted pathways that residents enjoy walking or jogging on. These pathways are typically illuminated with poles mounted anywhere from 10 feet to 20 feet high. With the advances in LED technology, we are now able to light a much larger section of pathway with fewer fixtures. This is done through a very precise optical distribution that only puts lighting on the pathway, not in residents home or backyards. The end result is not only cost savings, but also happier residents with very little light pollution.

Other applications that have been very popular amongst communities have been monument lighting, outdoor and indoor sports court lighting, and color changing lighting. All of these unique examples offer their own specific payback analysis and lighting design challenges.

One of the biggest challenges when choosing to upgrade to LED or install new LEDs is finding the right fixture and finding a reputable company that will stand behind the warranty on that fixture. A lighting professional can help you select the most cost effective solutions, complete a detailed lighting design, find the best manufacturers, apply for any rebate money that might be available, and provide installation services.

Andrew DeBarbieris 832-971-2551 cell andrew@sparklighting.com www.sparklighting.com

28 • CONTACT, FALL 2017

Prolong Pond Dredging and Save Your Community Money.

Even with proactive management, all stormwater ponds will eventually become impaired due to accumulated sediment as a result of runoff. Dredging is an option, but is often the largest single expenditure a community will face. So, when the time does come to remove sediment from your lake or pond, consider hydro-raking as an effective, environmentally-friendly and economical alternative.

Learn how hydro-raking can help prolong or prevent the need for dredging:

www.solitudelakemanagement.com/hydro-rake

Restoring Balance. Enhancing Beauty.

888.480.LAKE • solitudelakemanagement.com For a full list of our superior service offerings, visit www.solitudelakemanagement.com/services 29 • CONTACT, FALL 2017

NUMBERS EDITION

.HYLQ ' &DYDQDXJK &3$ /RQHVRPH 'RYH 7UDLO 6XLWH % +XUVW 7H[DV

'LUHFW )D[

NFDYDQDXJK#FDYDQDXJKFSDV FRP

Communities and HOAs across Texas using LED Lighting to Save on Energy & Maintenance

All of our studies now include ForeSite™

Serving you from our new Texas office.

(800) 221-9882

In the past several years, LED lighting has grown from an “early adopter” technology to the most widely used lighting methods. With the growth of the industry and steady demand, the costs have come down; we are at a point where almost every new fixture is LED. Not only do they save between 50-90% on energy, but they also have lifespans that can reach as far as ten to fifteen years depending on the manufacturer.

Communities and HOA managers are now realizing the many benefits that LEDs can provide for their clients. In the past, many people shied away from LEDs because they generally came in either a very bright white color or one with a bluish tint. Now they come in a wide range of color temperatures to match any residential or community requirements.

The most popular color temperature for communities, 3000 Kelvin, provides a soft, warm white light that is pleasing to drivers and pedestrians in parks. It is also the recommended color temperature of the American Medical Association.

Many communities have lighted pathways that residents enjoy walking or jogging on. These pathways are typically illuminated with poles mounted anywhere from 10 feet to 20 feet high. With the advances in LED technology, we are now able to light a much larger section of pathway with fewer fixtures. This is done through a very precise optical distribution that only puts lighting on the pathway, not in residents home or backyards. The end result is not only cost savings, but also happier residents with very little light pollution.

Other applications that have been very popular amongst communities have been monument lighting, outdoor and indoor sports court lighting, and color changing lighting. All of these unique examples offer their own specific payback analysis and lighting design challenges.

One of the biggest challenges when choosing to upgrade to LED or install new LEDs is finding the right fixture and finding a reputable company that will stand behind the warranty on that fixture. A lighting professional can help you select the most cost effective solutions, complete a detailed lighting design, find the best manufacturers, apply for any rebate money that might be available, and provide installation services.

Andrew DeBarbieris 832-971-2551 cell andrew@sparklighting.com www.sparklighting.com

28 • CONTACT, FALL 2017

Prolong Pond Dredging and Save Your Community Money.

Even with proactive management, all stormwater ponds will eventually become impaired due to accumulated sediment as a result of runoff. Dredging is an option, but is often the largest single expenditure a community will face. So, when the time does come to remove sediment from your lake or pond, consider hydro-raking as an effective, environmentally-friendly and economical alternative.

Learn how hydro-raking can help prolong or prevent the need for dredging:

www.solitudelakemanagement.com/hydro-rake

Restoring Balance. Enhancing Beauty.

888.480.LAKE • solitudelakemanagement.com For a full list of our superior service offerings, visit www.solitudelakemanagement.com/services 29 • CONTACT, FALL 2017

NUMBERS EDITION

For example, a community surrounding a golf course may require that all lots adjacent to the golf course have wrought iron fences so that views of the golf course are not obstructed.

It is arguably not possible to achieve the unobstructed view of the golf course intended by the restrictive covenant if half the homes on the golf course already have solid wood fences.

Courts have held that as little as having 10% of the lots in a community in violation is a sufficient number to establish waiver.

1, 2, 3 …

Days, Weeks, Violations: When Complacency Transitions to Waiver & Estoppel Dean Riddle and Julie Dupont, Riddle & Williams, P.C.a

C

ommunity associations are administered by boards of directors which are comprised of volunteers, not professionals. Due in part to this voluntary leadership, it is practically impossible for communities to take immediate action with respect to every violation.

Sometimes a violation is not readily apparent and it will take time to discover its existence. Boards also need time to evaluate violations and determine how to address them. Other times, the board may decide that a technical violation is not deserving of any enforcement action – it simply is not visible or noticeable. Decisions can often require scheduling board meetings and consulting with the community’s legal counsel.

At what point does that delay or inaction serve to bar the association from enforcing its deed restrictions?

There are several different types of defenses an owner can assert in order to defeat enforcement of deed restrictions. Two similar but often overlooked concepts are those of waiver and estoppel. Waiver involves a voluntary relinquishment of a known right. Estoppel prevents a party from asserting a right that contradicts what the party has previously said or done. The key distinction between waiver and estoppel is that estoppel requires detrimental reliance. For an estoppel defense, the other party must rely on the first party’s representations which results in harm to the other party. We examine each concept in depth within the community association context below.

of those violations, and the severity or degree of the violation.

Number refers to how many violations of that type exist in the community. Nature refers to the similarity of the violations—a fencing violation on one property will not serve as the basis for a waiver claim relating to a roofing violation on another property.

Severity refers to the degree to which the covenant has been violated. For example, several fence violations where the fences are 6 inches higher than permitted may not establish waiver where an owner seeks to install a fence that is 3 feet higher than permitted.

In contrast, estoppel is less concerned with the communitywide standard and is more particular to the specific owner involved. Estoppel is an equitable principal based upon the fairness to the parties. In the standard estoppel case, the community makes an assertion or representation with respect to a violation, the owner relies upon those representations or actions, and, as a result of the owner’s reliance, the community is effectively barred from taking an alternative position at a later date because doing so would cause harm to the owner.

For example, if an architectural control committee approves a submission for a new fence, but fails to notice that the proposed fence is 2 feet higher than is permitted, the community may be prevented—estopped—from taking enforcement action against the owner for the oversized fence. The community approved the submission, the owner relied upon that approval, and to later require the owner to change the fence height would cause harm to the owner.

Estoppel can also occur through acquiescence or silence.

For example, assume that an owner is replacing the roof on the owner’s property with an unapproved roof color. The board observes the delivery of shingles that are clearly not in an approved color, and the board says nothing to the owner until

after the roof is complete. A court could hold that the board is estopped from taking enforcement action because it was aware of the unapproved roof installation, allowed the installation to proceed at increasing cost to the owner, and requiring the owner to install a different roof after it is fully installed is a detriment to the owner. Even where the community acts swiftly, courts will apply principles of equity, and may find that the violation is not so significant as to warrant the cost to tear down and/or reconstruct the improvement, and award a lesser enforcement remedy such as a simple one-time fine for the violation. As such, timely action, particularly with respect to construction violations, is essential.

In order to avoid waiving restrictions or being estopped from taking enforcement actions, communities should be diligent in upholding the restrictive covenants and promptly responding to violations. When evaluating how to address a violation, you should consider the number, nature and severity of any similar violations in the community, and address particularly those violations that are more severe or are more prevalent in the community to avoid waiver. Officers, directors, and committee members should exercise caution because their actions and inactions can be attributed to the community, and may prohibit the community from taking a contrary position at a later date.

Restrictive covenants are imposed against property to uphold harmony and uniformity of appearance of the community, and boards should ensure that those covenants are reasonably upheld for the benefit of the owners and residents.

Waiver generally boils down to whether it is still possible for the community to realize the benefits intended by that particular restrictive covenant.

Waiver defenses frequently appear in cases where the community has allowed a number of violations of a particular restriction to exist, and the owner claims that the community has now waived or lost its right to enforce that restriction. In order to determine if waiver exists, courts look to the number of violations in existence, the nature 30 • CONTACT, FALL 2017

31 • CONTACT, FALL 2017

NUMBERS EDITION

For example, a community surrounding a golf course may require that all lots adjacent to the golf course have wrought iron fences so that views of the golf course are not obstructed.

It is arguably not possible to achieve the unobstructed view of the golf course intended by the restrictive covenant if half the homes on the golf course already have solid wood fences.

Courts have held that as little as having 10% of the lots in a community in violation is a sufficient number to establish waiver.

1, 2, 3 …

Days, Weeks, Violations: When Complacency Transitions to Waiver & Estoppel Dean Riddle and Julie Dupont, Riddle & Williams, P.C.a

C

ommunity associations are administered by boards of directors which are comprised of volunteers, not professionals. Due in part to this voluntary leadership, it is practically impossible for communities to take immediate action with respect to every violation.

Sometimes a violation is not readily apparent and it will take time to discover its existence. Boards also need time to evaluate violations and determine how to address them. Other times, the board may decide that a technical violation is not deserving of any enforcement action – it simply is not visible or noticeable. Decisions can often require scheduling board meetings and consulting with the community’s legal counsel.

At what point does that delay or inaction serve to bar the association from enforcing its deed restrictions?

There are several different types of defenses an owner can assert in order to defeat enforcement of deed restrictions. Two similar but often overlooked concepts are those of waiver and estoppel. Waiver involves a voluntary relinquishment of a known right. Estoppel prevents a party from asserting a right that contradicts what the party has previously said or done. The key distinction between waiver and estoppel is that estoppel requires detrimental reliance. For an estoppel defense, the other party must rely on the first party’s representations which results in harm to the other party. We examine each concept in depth within the community association context below.

of those violations, and the severity or degree of the violation.

Number refers to how many violations of that type exist in the community. Nature refers to the similarity of the violations—a fencing violation on one property will not serve as the basis for a waiver claim relating to a roofing violation on another property.

Severity refers to the degree to which the covenant has been violated. For example, several fence violations where the fences are 6 inches higher than permitted may not establish waiver where an owner seeks to install a fence that is 3 feet higher than permitted.

In contrast, estoppel is less concerned with the communitywide standard and is more particular to the specific owner involved. Estoppel is an equitable principal based upon the fairness to the parties. In the standard estoppel case, the community makes an assertion or representation with respect to a violation, the owner relies upon those representations or actions, and, as a result of the owner’s reliance, the community is effectively barred from taking an alternative position at a later date because doing so would cause harm to the owner.

For example, if an architectural control committee approves a submission for a new fence, but fails to notice that the proposed fence is 2 feet higher than is permitted, the community may be prevented—estopped—from taking enforcement action against the owner for the oversized fence. The community approved the submission, the owner relied upon that approval, and to later require the owner to change the fence height would cause harm to the owner.

Estoppel can also occur through acquiescence or silence.

For example, assume that an owner is replacing the roof on the owner’s property with an unapproved roof color. The board observes the delivery of shingles that are clearly not in an approved color, and the board says nothing to the owner until

after the roof is complete. A court could hold that the board is estopped from taking enforcement action because it was aware of the unapproved roof installation, allowed the installation to proceed at increasing cost to the owner, and requiring the owner to install a different roof after it is fully installed is a detriment to the owner. Even where the community acts swiftly, courts will apply principles of equity, and may find that the violation is not so significant as to warrant the cost to tear down and/or reconstruct the improvement, and award a lesser enforcement remedy such as a simple one-time fine for the violation. As such, timely action, particularly with respect to construction violations, is essential.

In order to avoid waiving restrictions or being estopped from taking enforcement actions, communities should be diligent in upholding the restrictive covenants and promptly responding to violations. When evaluating how to address a violation, you should consider the number, nature and severity of any similar violations in the community, and address particularly those violations that are more severe or are more prevalent in the community to avoid waiver. Officers, directors, and committee members should exercise caution because their actions and inactions can be attributed to the community, and may prohibit the community from taking a contrary position at a later date.

Restrictive covenants are imposed against property to uphold harmony and uniformity of appearance of the community, and boards should ensure that those covenants are reasonably upheld for the benefit of the owners and residents.

Waiver generally boils down to whether it is still possible for the community to realize the benefits intended by that particular restrictive covenant.

Waiver defenses frequently appear in cases where the community has allowed a number of violations of a particular restriction to exist, and the owner claims that the community has now waived or lost its right to enforce that restriction. In order to determine if waiver exists, courts look to the number of violations in existence, the nature 30 • CONTACT, FALL 2017

31 • CONTACT, FALL 2017

NUMBERS EDITION

PAINTING. QUALITY. PEACE OF MIND. Focused on the requirements of your property or business, consider CertaPro Painters® as part of your capital improvement plan.

Jerry Baker Plano, TX 972-208-8500 plano.certapro.com

Tyler & Tammy Mancuso Rockwall, TX 972-722-0062 rockwall.certapro.com

Gary & Tina Barton Frisco/Denton, TX 972-632-1126 frisco-denton.certapro.com

Terry Plemons Southlake, TX 817-377-9018 southlake.certapro.com

Kevin Adkins CedarHill-Seagoville, TX 972-349-9519 CedarHill-Seagoville@certapro.com

Jon Ragsdale North Fort Worth-Arlington, TX 817-652-4000 fortworth.certapro.com

Christy Crookes Arlington/Mansfield, TX 469-672-5159 south-arlington-tx.certapro.com

Don & Karen VanGordon McKinney-Allen, TX 972-965-9565 mckinney.certapro.com

Rich Freddo Lewisville/Flower Mound, TX 972-280-0608 lewisville.certapro.com

Clark Penfold North Central Dallas, TX 214-796-1379 central-dallas.certapro.com

Don Lenehan Richardson, TX 972-561-0183 richardson.certapro.com

Balconies/Patios Expansive Soils Roof Defects Structural and Foundation Defects Water Intrusion All Other Construction Defect Claims

We Do Painting. You Do Life.™ Each CertaPro Painters® business is independently owned and operated.

32 • CONTACT, FALL 2017

Lic# 00000

33 • CONTACT, FALL 2017

NUMBERS EDITION

PAINTING. QUALITY. PEACE OF MIND. Focused on the requirements of your property or business, consider CertaPro Painters® as part of your capital improvement plan.

Jerry Baker Plano, TX 972-208-8500 plano.certapro.com

Tyler & Tammy Mancuso Rockwall, TX 972-722-0062 rockwall.certapro.com

Gary & Tina Barton Frisco/Denton, TX 972-632-1126 frisco-denton.certapro.com

Terry Plemons Southlake, TX 817-377-9018 southlake.certapro.com

Kevin Adkins CedarHill-Seagoville, TX 972-349-9519 CedarHill-Seagoville@certapro.com

Jon Ragsdale North Fort Worth-Arlington, TX 817-652-4000 fortworth.certapro.com

Christy Crookes Arlington/Mansfield, TX 469-672-5159 south-arlington-tx.certapro.com

Don & Karen VanGordon McKinney-Allen, TX 972-965-9565 mckinney.certapro.com

Rich Freddo Lewisville/Flower Mound, TX 972-280-0608 lewisville.certapro.com

Clark Penfold North Central Dallas, TX 214-796-1379 central-dallas.certapro.com

Don Lenehan Richardson, TX 972-561-0183 richardson.certapro.com

Balconies/Patios Expansive Soils Roof Defects Structural and Foundation Defects Water Intrusion All Other Construction Defect Claims

We Do Painting. You Do Life.™ Each CertaPro Painters® business is independently owned and operated.

32 • CONTACT, FALL 2017

Lic# 00000

33 • CONTACT, FALL 2017

NUMBERS EDITION

Support Biological Lake and Pond Management with “Probiotics”

By Industry Expert Erin Stewart, Aquatic Biologist at SOLitude Lake Management

There are many sustainable options for the management of lakes and ponds, so it can be difficult to determine which direction to turn when a problem occurs. This is especially true for waterbodies used for recreational activity, irrigation, drinking water storage or any location where pesticides or other traditional management methods may be less desirable or restricted. However, all aquatic resources can benefit from proactive applications of natural and biological products. Beneficial bacteriabased products can be used as a pesticide alternative, or used in conjunction with other products and methods to enhance the efficiency of the treatment.

Bacteria may sound like a bad word in some situations, but these organisms are the foundation of most biological processes within an aquatic resource. Think of them as probiotics or yogurt for your lake, pond or reservoir — they are responsible for breaking down and processing organic material in a process called biological augmentation.

When properly introduced, biological augmentation can help limit the impact of nutrients like nitrogen and phosphorous, which tend to enter waterbodies through runoff containing fertilizers, animal waste and other organic materials. Without proper management, these materials may accumulate as sludge at the bottom of your waterbody, causing noxious odors, promoting nuisance algae and weed growth and expediting the waterbody’s rate of aging. Over time, costly dredging

34 • CONTACT, FALL 2017

will be required to restore the health and overall volume of the aquatic resource. When beneficial bacteria are in place, they convert nutrients to forms that cannot fuel nuisance plant growth, promote efficient decomposition and prevent the accumulation of organic materials. This, in turn, can help diversify the biological community structure by facilitating the development of “good” algae, diatoms, zooplankton and healthy fish.

Regular applications of these biologicals can be incredibly favorable and help keep beneficial bacteria concentrations and activity high throughout the year.

Depending on the particular water quality or vegetation issues within your lake, pond or reservoir, a lake and pond management professional may recommend different forms of probiotic bacteria, including liquid, pellet or powdered applications.

Liquid bacteria blends are considered high-performance due to their ability to rapidly neutralize excessive nutrients that are located within the water column.

Liquid blends can help to quickly enhance water clarity and quality. Pellet or granular beneficial bacteria applications contain bacteria that naturally settle to the bottom of a lake or pond to reduce organic materials that cause bottom sludge. In moderate or warm climates, the resulting reduction in accumulated sediment can be significant.

Beneficial bacteria are an excellent solution for the reduction of excessive nutrient rich organic matter that

cause bottom sludge and nuisance vegetation, but they don’t have to be utilized independently. When applied by a licensed professional, some biological products can also be used in conjunction with herbicides to aid in the decomposition process of submerged and emergent vegetation.

A professional will determine the rate and frequency of beneficial bacteria and/or herbicide applications by conducting water chemistry tests or considering the targeted issue. However, the best way to achieve

your overall lake or pond goals is to ensure the proper products are being utilized. There are many selections available on the market, so it is very important to choose a quality option with field data and science supporting the claims. Always rely on your lake and pond management company for beneficial bacteria recommendations, as well as guidance on strategies to improve aeration, beneficial buffers, water quality and native wildlife populations. Your water will thank you.

Water Quality:

Beneficial Bacteria:

Over time, organic runoff builds up as muck at the bottom of lakes and ponds. As part of a proactive management plan and in conjunction with water quality testing, biological augmentation can be used to naturally and sustainably limit the accumulation of materials while improving the water quality and beauty of the waterbody.

Beneficial bacteria acts much like a natural probiotic for your lake or pond, aiding with the efficient decomposition of organic materials and excessive nutrients, which can help prevent the development of nuisance algae and vegetation and facilitate the growth of healthy organisms.

Erin Stewart is an experienced Aquatic Biologist with SOLitude Lake Management, an environmental firm providing a full array of superior lake, pond, wetland and fisheries management services and solutions. She can be reached through the website www. solitudelakemanagement.com.

35 • CONTACT, FALL 2017

NUMBERS EDITION

Support Biological Lake and Pond Management with “Probiotics”

By Industry Expert Erin Stewart, Aquatic Biologist at SOLitude Lake Management

There are many sustainable options for the management of lakes and ponds, so it can be difficult to determine which direction to turn when a problem occurs. This is especially true for waterbodies used for recreational activity, irrigation, drinking water storage or any location where pesticides or other traditional management methods may be less desirable or restricted. However, all aquatic resources can benefit from proactive applications of natural and biological products. Beneficial bacteriabased products can be used as a pesticide alternative, or used in conjunction with other products and methods to enhance the efficiency of the treatment.

Bacteria may sound like a bad word in some situations, but these organisms are the foundation of most biological processes within an aquatic resource. Think of them as probiotics or yogurt for your lake, pond or reservoir — they are responsible for breaking down and processing organic material in a process called biological augmentation.

When properly introduced, biological augmentation can help limit the impact of nutrients like nitrogen and phosphorous, which tend to enter waterbodies through runoff containing fertilizers, animal waste and other organic materials. Without proper management, these materials may accumulate as sludge at the bottom of your waterbody, causing noxious odors, promoting nuisance algae and weed growth and expediting the waterbody’s rate of aging. Over time, costly dredging

34 • CONTACT, FALL 2017

will be required to restore the health and overall volume of the aquatic resource. When beneficial bacteria are in place, they convert nutrients to forms that cannot fuel nuisance plant growth, promote efficient decomposition and prevent the accumulation of organic materials. This, in turn, can help diversify the biological community structure by facilitating the development of “good” algae, diatoms, zooplankton and healthy fish.

Regular applications of these biologicals can be incredibly favorable and help keep beneficial bacteria concentrations and activity high throughout the year.

Depending on the particular water quality or vegetation issues within your lake, pond or reservoir, a lake and pond management professional may recommend different forms of probiotic bacteria, including liquid, pellet or powdered applications.

Liquid bacteria blends are considered high-performance due to their ability to rapidly neutralize excessive nutrients that are located within the water column.

Liquid blends can help to quickly enhance water clarity and quality. Pellet or granular beneficial bacteria applications contain bacteria that naturally settle to the bottom of a lake or pond to reduce organic materials that cause bottom sludge. In moderate or warm climates, the resulting reduction in accumulated sediment can be significant.

Beneficial bacteria are an excellent solution for the reduction of excessive nutrient rich organic matter that

cause bottom sludge and nuisance vegetation, but they don’t have to be utilized independently. When applied by a licensed professional, some biological products can also be used in conjunction with herbicides to aid in the decomposition process of submerged and emergent vegetation.

A professional will determine the rate and frequency of beneficial bacteria and/or herbicide applications by conducting water chemistry tests or considering the targeted issue. However, the best way to achieve

your overall lake or pond goals is to ensure the proper products are being utilized. There are many selections available on the market, so it is very important to choose a quality option with field data and science supporting the claims. Always rely on your lake and pond management company for beneficial bacteria recommendations, as well as guidance on strategies to improve aeration, beneficial buffers, water quality and native wildlife populations. Your water will thank you.

Water Quality:

Beneficial Bacteria:

Over time, organic runoff builds up as muck at the bottom of lakes and ponds. As part of a proactive management plan and in conjunction with water quality testing, biological augmentation can be used to naturally and sustainably limit the accumulation of materials while improving the water quality and beauty of the waterbody.

Beneficial bacteria acts much like a natural probiotic for your lake or pond, aiding with the efficient decomposition of organic materials and excessive nutrients, which can help prevent the development of nuisance algae and vegetation and facilitate the growth of healthy organisms.

Erin Stewart is an experienced Aquatic Biologist with SOLitude Lake Management, an environmental firm providing a full array of superior lake, pond, wetland and fisheries management services and solutions. She can be reached through the website www. solitudelakemanagement.com.

35 • CONTACT, FALL 2017

4

93

15

NUMBERS EDITION

Meeting the “Numbers” for the Year

BRING YOUR POND Service that sets the industry standard TO LIFE! since 1991

Keeping with the theme of this issue “It’s A Numbers Game”, it brings to mind and old, but frequently used saying attributed to Ben Franklin, “By failing to prepare, you are preparing to fail”. Therefore, each year around this time, it’s a good idea to begin preparing for next year by utilizing the numbers on your 12-month organizer/calendar.

Failing to plan in advance can lead to the feeling of “herding cats” during the year. Board Members being volunteers, have to schedule for work and family along with their Board duties. Managers must juggle a calendar full of inspections, industry meetings, contractor meetings, annual meetings, and educational seminars. At times it feels like there is not enough time in the day, the month, even the year!

Here’s where a little preparation can have great payoffs. Imagine you controlling the dates and times of meetings and inspections one full year in advance. Imagine being able to provide your Boards with suggested meeting dates for them to approve in 2017 for 2018 before their calendar fills up. Your planning puts you first on their blank schedules helping to reduce conflicting meetings.

5

Here are 10 simple steps to help with your planning for next year.

1. Start by buying a big, beautiful and blank 12-Month Organizer. Pin it to your wall next to your current calendar. Enjoy the blankness while you can!

2. Print a smaller 2018 Calendar (which includes holidays), for your initial planning purposes.

3. Place the dates of all Annual Meetings on both the large and small calendars.

4. Next, study the dates of past Board meetings. You may see a trend, if the dates/times worked last year, likely they will work this year, i.e. the third Thursday of each quarter at 7 p.m.

5. Pencil the meetings in on the smaller calendar. As you add dates, you may notice conflicts with

other meetings or possibly even your vacation! No problem, now is the time to make adjustments, not later. **Tip - Color coordinating the dates with the Community provides a quicker visual which helps greatly during the planning stages.

6. Now add your inspection dates. Do you inspect your communities every two weeks? Whatever,

your schedule, simply add the dates to your calendar. Whoops! That falls on a holiday, no problem.

Make the adjustment and move forward with your next community until they are all on the calendar.

7. Now for you! When are you planning that vacation? Check the calendar, if it’s open block it out.

If not, adjust either your time off or the schedule to allow that time off. Remember, you are still in the planning stages. **Tip - Want to put your vacation on the calendar before adding any meetings?

Go ahead, it’s your calendar to control.

8. Now begin adding any additional dates that you may know in advance such as: CAI Meetings, Expos, Charity Events, etc..

9. Now, prepare a small calendar for each of your Associations. Circle the proposed dates of each

Board meeting remembering to include the Annual Meeting. Next, scan and send the calendar to the Board, or present it in person at your next Board meeting for their approval. Your busy Boards will appreciate the planning efforts and since their calendars are likely still blank this early, they will put your dates on their calendars first. If not, just adjust.

10. The final step? Once your receive Board approval place the final dates on your large calendar which should now include: Annual meetings, Board meetings, inspections, training/education, and VACATION! Congratulations, you now have a living, breathing, calendar ready for action.

5

9 8

4

2

AFS Certified Biologists Aquatic Weed Control Floating Fountain Sales Fish for Stocking Waterfall Pumps Fountain Repair

MAGNOLIA

FISHERIES

LONE STAR FOUNTAINS

magnoliafisheries.com lonestarfountains.com

972.724.0071

Deserve Exceptional HOA Management

Licensed Managers and Degreed Accountants Multi-lingual Customer Service Delinquency and Collection Specialists Proprietary, Cloud-based Board and Resident Portals Online Payments, Document Archive Monthly Management and Financial Reports Web-based and Mobile Apps

Rick Abair, CMCA®, AMS® Community Manager SBB Management Company 36 • CONTACT, FALL 2017

6

37 • CONTACT, FALL 2017

4

93

15

NUMBERS EDITION

Meeting the “Numbers” for the Year

BRING YOUR POND Service that sets the industry standard TO LIFE! since 1991

Keeping with the theme of this issue “It’s A Numbers Game”, it brings to mind and old, but frequently used saying attributed to Ben Franklin, “By failing to prepare, you are preparing to fail”. Therefore, each year around this time, it’s a good idea to begin preparing for next year by utilizing the numbers on your 12-month organizer/calendar.

Failing to plan in advance can lead to the feeling of “herding cats” during the year. Board Members being volunteers, have to schedule for work and family along with their Board duties. Managers must juggle a calendar full of inspections, industry meetings, contractor meetings, annual meetings, and educational seminars. At times it feels like there is not enough time in the day, the month, even the year!

Here’s where a little preparation can have great payoffs. Imagine you controlling the dates and times of meetings and inspections one full year in advance. Imagine being able to provide your Boards with suggested meeting dates for them to approve in 2017 for 2018 before their calendar fills up. Your planning puts you first on their blank schedules helping to reduce conflicting meetings.

5

Here are 10 simple steps to help with your planning for next year.

1. Start by buying a big, beautiful and blank 12-Month Organizer. Pin it to your wall next to your current calendar. Enjoy the blankness while you can!

2. Print a smaller 2018 Calendar (which includes holidays), for your initial planning purposes.

3. Place the dates of all Annual Meetings on both the large and small calendars.

4. Next, study the dates of past Board meetings. You may see a trend, if the dates/times worked last year, likely they will work this year, i.e. the third Thursday of each quarter at 7 p.m.

5. Pencil the meetings in on the smaller calendar. As you add dates, you may notice conflicts with

other meetings or possibly even your vacation! No problem, now is the time to make adjustments, not later. **Tip - Color coordinating the dates with the Community provides a quicker visual which helps greatly during the planning stages.

6. Now add your inspection dates. Do you inspect your communities every two weeks? Whatever,

your schedule, simply add the dates to your calendar. Whoops! That falls on a holiday, no problem.

Make the adjustment and move forward with your next community until they are all on the calendar.

7. Now for you! When are you planning that vacation? Check the calendar, if it’s open block it out.

If not, adjust either your time off or the schedule to allow that time off. Remember, you are still in the planning stages. **Tip - Want to put your vacation on the calendar before adding any meetings?

Go ahead, it’s your calendar to control.

8. Now begin adding any additional dates that you may know in advance such as: CAI Meetings, Expos, Charity Events, etc..

9. Now, prepare a small calendar for each of your Associations. Circle the proposed dates of each

Board meeting remembering to include the Annual Meeting. Next, scan and send the calendar to the Board, or present it in person at your next Board meeting for their approval. Your busy Boards will appreciate the planning efforts and since their calendars are likely still blank this early, they will put your dates on their calendars first. If not, just adjust.

10. The final step? Once your receive Board approval place the final dates on your large calendar which should now include: Annual meetings, Board meetings, inspections, training/education, and VACATION! Congratulations, you now have a living, breathing, calendar ready for action.

5

9 8

4

2

AFS Certified Biologists Aquatic Weed Control Floating Fountain Sales Fish for Stocking Waterfall Pumps Fountain Repair

MAGNOLIA

FISHERIES

LONE STAR FOUNTAINS

magnoliafisheries.com lonestarfountains.com

972.724.0071

Deserve Exceptional HOA Management

Licensed Managers and Degreed Accountants Multi-lingual Customer Service Delinquency and Collection Specialists Proprietary, Cloud-based Board and Resident Portals Online Payments, Document Archive Monthly Management and Financial Reports Web-based and Mobile Apps

Rick Abair, CMCA®, AMS® Community Manager SBB Management Company 36 • CONTACT, FALL 2017

6

37 • CONTACT, FALL 2017

NUMBERS EDITION

®

At Insight we are dedicated to enriching the lives of residents and partnering with them to build strong, rich, vibrant communities. Our commitment to customer service is matched by our passion for changing the way people think about Homeowner Associations.

38 • CONTACT, FALL 2017

39 • CONTACT, FALL 2017

NUMBERS EDITION

®

At Insight we are dedicated to enriching the lives of residents and partnering with them to build strong, rich, vibrant communities. Our commitment to customer service is matched by our passion for changing the way people think about Homeowner Associations.

38 • CONTACT, FALL 2017

39 • CONTACT, FALL 2017

NUMBERS EDITION

Whether the conventional Design-Bid-Build project or the Integrated Project Delivery Method is decided upon writing a Request for Proposal (RFP) for your capital project should involve some simple steps, and perhaps the skills of a trained construction professional. First, the expenditure may be tied to a need that could be suited to either a specialty contractor or a general contractor. In order to decide which route to go, you will need to consider the aspects of the work. Determination of what the General Contractor (GC) fee should be to allow for the supervision of the multiple trades that must be coordinated and supervised would be considered, where if the task involves only minimal trades such a general contractor strategy may not be necessary. Many agencies use the three trade rule as a means to provide a GC as part of the scope. In some instances, your specialist subcontractor can perform that work without the need of the General Contractor. The General Contractor fee could include Overhead and Profit, General Conditions, Supplementary General Conditions and other fees that may not be necessary for your project or in fairness may be absolutely necessary due to the nature of the work. Beginning this process with a definition of the scope of the project is advised. We can use a roofing project as an example. Your roof system is leaking, resulting in interior damages, thermal losses, bio growth, and cannot be repaired. The current codes demand the need for a Class A fire resistive roof. If the Board only put out a bid noting the re-roofing, the board would get bids from roofers. However that integration of the roof to the side and head walls, correction of damages, considerations of thermal systems, and the need for proper oversight would demand that a general contractor be engaged. The roof system, as it is incorporated into the system of adjacent components, requires proper coordination and construction, and it is important to remember that the roofing is more than felt and shingles. The side wall interfaces, gutter and flashing needs, siding, stucco or stone flashing and weep systems, as well as new insulation and fire components must all be considered, as well as the impact for code upgrades necessary as the repairs must be conducted under the current adopted codes.

PROVIDING A REQUEST FOR PROPOSAL FOR YOUR PROPERTY AFTER CONSTRUCTION DEFECT LITIGATION

By Edward L. Fronapfel, PE, CBIE, CFCC, PTII, EDI, Thermography II, F. NAFE, F. ASCE, MSCE, Owner/President SBSA, Inc.

Your property has just been through a construction litigation event, and your job now is to get the repairs done. This article is set to help you make those decisions and to provide some insight gained after providing these services for over 25 years to common interest communities.

During the litigation process your community likely had engaged an engineer or architect, that after discovering issues, required the involvement of attorneys that specialized in construction defect litigation. Many times they hire additional experts to evaluate the claims that are made for construction disputes. These claims typically include; site grading and drainage, flatwork, roadways, building envelope components, roofing, thermal systems and fire safety provisions. The defense of the case also hired numerous experts that provide opinion reports in response to the allocations. First and foremost, access to both reports is crucial in evaluation of the potential repairs versus the recovery of monies from that litigation. Without the reports, your community is forced to reinvestigate the issues and expend additional sums without physical repair to your property. It is typical in the forensic investigation that repairs are scoped without plans or details necessary to obtain building permits, and bid the project. That phase of the work should be based on a Risk Reserve™ and a feasibility study that identifies the aspects necessary for the reduction of further damages to the property. These post litigation studies provide a frame work for the Association to proceed with repairs to the property, and to proceed under a good faith understanding that the money is spent dealing with the most critical elements first and foremost. In a general sense, this is based on life safety, continuous progressive damages, increased expenses for not providing repairs to elements, and then to move the remaining items into a Reserve Account.

After the Feasibility Study, and connection of the findings into your standard Reserve Account, the necessary process to allow either preferred contractor vetting or bidding services will need to be determined. The contractor and engineer that were involved in the litigation typically have the greatest knowledge of the property’s needs, however many forensic firms do not provide this design or construction service. The Board will need to review, not only the findings in the report, but the qualifications, and ability of the design and the construction team to provide the work to repair the property. The costs of that work should be first deduced from the cost estimates provided during litigation. The scope that is developed in the feasibility phase can be further refined to a Rough Order of Magnitude to aid the Board in understanding what funding is necessary based on the risks associated with each repair task. After the decision to provide repair to the high priority items, the Board would have to decide whether to provide a conventional Design-Bid-Build project or perhaps a more Integrated Project Delivery method where the vetting of the designers and contractors is made prior to the final design to allow collaboration of the work during the design with input from all parties.

40 • CONTACT, FALL 2017

The need for design must be considered to ensure that the roofing is handling the interfaces and upgrades required by the codes. So the RFP has become more than just a request to provide a quote. We establish 1) the need for the capital improvement, 2) the potential for a designer to be engaged to define the details and provide adequate plans and specifications to allow the contractors to determine the costs within a reasonable degree of accuracy, and 3) the plans and specifications allow for verification of workmanship. The contract should be tied to the RFP so that the contractors understand the rules of the game. Will the Board be using a Design Build, a Construction Manager, a Construction Manager at Risk, or an Advisor to the HOA? Each of these unique decisions requires a unique contract set.

“The RFP has become more than just a request to provide a quote. We establish 1) the need for the capital improvement, 2) the potential for a designer to be engaged to define the details and provide adequate plans and specifications to allow the contractors to determine the costs within a reasonable degree of accuracy, and 3) the plans and specifications allow for verification of workmanship.”

As you embark on the decision-making, you need to understand in providing a Request for Proposal: Some Key Insights should be considered the risk associated with the work to protect the HOA from poor workmanship, breach of contract, or negligence. The RFP should indicate to the bidder what contract type, expectations, time schedule, meeting requirement and milestones are to be engaged in the work. Returning to the roofing example, the first RFP is for the designers and indicates your need to have roofing plans developed to demonstrate the key details required for the integration of the roofing system with the building facades and fenestrations (windows, doors and skylights). The second is to provide roofing plans to determine the ventilation necessary, including provisions for the firewall separation requirement (4-feet under the current code, no openings are allowed in the roofing system between rated party walls); and thus the ventilation must be considered without 8-feet of soffit or ridge vents on common units. Lastly, the decision on the type of shingle is made for fire resistance, wind resistance, and hail durability. We are now ready to provide an RFP to the contractors. The contractor’s RFP should include the work to be done including the designer’s plans and specifications, and the anticipated schedule should be included as well. A site plan indicating where the contractor can mobilize (or a request that they provide the work layout area as part of their bid) should be included. Even a consideration for the portable restroom should be part of this scope. The RFP should include a meeting date for site walk with ALL of the potential bidders at a single time. The avenue for questions is to be provided and all questions shall be submitted in a like manner on a Request for Information form (RFI). The answers shall be provided to ALL potential bidders in an addendum. In their bid, the bidders shall acknowledge that they have received the addendums, and considered them in the bid numbers. The bid shall have a specified closing date and time, and no late bids are to be opened or reviewed.

Procrastination in the bid process likely indicates a contractor who has other work that is interfering with your work, and gives an unfair advantage. To consider the ethical consequences of your job, you need to avoid collusion, or the appearance of collusion with the contractors in the RFP process. Following a strict guideline and keeping open records is key to show that your Association wants quality work from quality firms without the guise of promises. So in summary, consider your work scope, the timing, and the needs of that scope to include the coordination of trades. In our roofing example, we may need framers, roofers, sheet metal workers, stucco or stone masons and trim carpenters, and finally painters. Schedule is important to consider, as is, allowing mobilization on the site; or if your association is already tight, you may need to require that only a single building be undertaken at one time, and the contractor will have to deal with off-site mobilization. Finally, your RFP should indicate clearly the quality and nature of the work you are requiring, as well as the insurance requirements to be in place at the time of the work.

41 • CONTACT, FALL 20176

NUMBERS EDITION

Whether the conventional Design-Bid-Build project or the Integrated Project Delivery Method is decided upon writing a Request for Proposal (RFP) for your capital project should involve some simple steps, and perhaps the skills of a trained construction professional. First, the expenditure may be tied to a need that could be suited to either a specialty contractor or a general contractor. In order to decide which route to go, you will need to consider the aspects of the work. Determination of what the General Contractor (GC) fee should be to allow for the supervision of the multiple trades that must be coordinated and supervised would be considered, where if the task involves only minimal trades such a general contractor strategy may not be necessary. Many agencies use the three trade rule as a means to provide a GC as part of the scope. In some instances, your specialist subcontractor can perform that work without the need of the General Contractor. The General Contractor fee could include Overhead and Profit, General Conditions, Supplementary General Conditions and other fees that may not be necessary for your project or in fairness may be absolutely necessary due to the nature of the work. Beginning this process with a definition of the scope of the project is advised. We can use a roofing project as an example. Your roof system is leaking, resulting in interior damages, thermal losses, bio growth, and cannot be repaired. The current codes demand the need for a Class A fire resistive roof. If the Board only put out a bid noting the re-roofing, the board would get bids from roofers. However that integration of the roof to the side and head walls, correction of damages, considerations of thermal systems, and the need for proper oversight would demand that a general contractor be engaged. The roof system, as it is incorporated into the system of adjacent components, requires proper coordination and construction, and it is important to remember that the roofing is more than felt and shingles. The side wall interfaces, gutter and flashing needs, siding, stucco or stone flashing and weep systems, as well as new insulation and fire components must all be considered, as well as the impact for code upgrades necessary as the repairs must be conducted under the current adopted codes.

PROVIDING A REQUEST FOR PROPOSAL FOR YOUR PROPERTY AFTER CONSTRUCTION DEFECT LITIGATION

By Edward L. Fronapfel, PE, CBIE, CFCC, PTII, EDI, Thermography II, F. NAFE, F. ASCE, MSCE, Owner/President SBSA, Inc.

Your property has just been through a construction litigation event, and your job now is to get the repairs done. This article is set to help you make those decisions and to provide some insight gained after providing these services for over 25 years to common interest communities.

During the litigation process your community likely had engaged an engineer or architect, that after discovering issues, required the involvement of attorneys that specialized in construction defect litigation. Many times they hire additional experts to evaluate the claims that are made for construction disputes. These claims typically include; site grading and drainage, flatwork, roadways, building envelope components, roofing, thermal systems and fire safety provisions. The defense of the case also hired numerous experts that provide opinion reports in response to the allocations. First and foremost, access to both reports is crucial in evaluation of the potential repairs versus the recovery of monies from that litigation. Without the reports, your community is forced to reinvestigate the issues and expend additional sums without physical repair to your property. It is typical in the forensic investigation that repairs are scoped without plans or details necessary to obtain building permits, and bid the project. That phase of the work should be based on a Risk Reserve™ and a feasibility study that identifies the aspects necessary for the reduction of further damages to the property. These post litigation studies provide a frame work for the Association to proceed with repairs to the property, and to proceed under a good faith understanding that the money is spent dealing with the most critical elements first and foremost. In a general sense, this is based on life safety, continuous progressive damages, increased expenses for not providing repairs to elements, and then to move the remaining items into a Reserve Account.

After the Feasibility Study, and connection of the findings into your standard Reserve Account, the necessary process to allow either preferred contractor vetting or bidding services will need to be determined. The contractor and engineer that were involved in the litigation typically have the greatest knowledge of the property’s needs, however many forensic firms do not provide this design or construction service. The Board will need to review, not only the findings in the report, but the qualifications, and ability of the design and the construction team to provide the work to repair the property. The costs of that work should be first deduced from the cost estimates provided during litigation. The scope that is developed in the feasibility phase can be further refined to a Rough Order of Magnitude to aid the Board in understanding what funding is necessary based on the risks associated with each repair task. After the decision to provide repair to the high priority items, the Board would have to decide whether to provide a conventional Design-Bid-Build project or perhaps a more Integrated Project Delivery method where the vetting of the designers and contractors is made prior to the final design to allow collaboration of the work during the design with input from all parties.

40 • CONTACT, FALL 2017

The need for design must be considered to ensure that the roofing is handling the interfaces and upgrades required by the codes. So the RFP has become more than just a request to provide a quote. We establish 1) the need for the capital improvement, 2) the potential for a designer to be engaged to define the details and provide adequate plans and specifications to allow the contractors to determine the costs within a reasonable degree of accuracy, and 3) the plans and specifications allow for verification of workmanship. The contract should be tied to the RFP so that the contractors understand the rules of the game. Will the Board be using a Design Build, a Construction Manager, a Construction Manager at Risk, or an Advisor to the HOA? Each of these unique decisions requires a unique contract set.

“The RFP has become more than just a request to provide a quote. We establish 1) the need for the capital improvement, 2) the potential for a designer to be engaged to define the details and provide adequate plans and specifications to allow the contractors to determine the costs within a reasonable degree of accuracy, and 3) the plans and specifications allow for verification of workmanship.”

As you embark on the decision-making, you need to understand in providing a Request for Proposal: Some Key Insights should be considered the risk associated with the work to protect the HOA from poor workmanship, breach of contract, or negligence. The RFP should indicate to the bidder what contract type, expectations, time schedule, meeting requirement and milestones are to be engaged in the work. Returning to the roofing example, the first RFP is for the designers and indicates your need to have roofing plans developed to demonstrate the key details required for the integration of the roofing system with the building facades and fenestrations (windows, doors and skylights). The second is to provide roofing plans to determine the ventilation necessary, including provisions for the firewall separation requirement (4-feet under the current code, no openings are allowed in the roofing system between rated party walls); and thus the ventilation must be considered without 8-feet of soffit or ridge vents on common units. Lastly, the decision on the type of shingle is made for fire resistance, wind resistance, and hail durability. We are now ready to provide an RFP to the contractors. The contractor’s RFP should include the work to be done including the designer’s plans and specifications, and the anticipated schedule should be included as well. A site plan indicating where the contractor can mobilize (or a request that they provide the work layout area as part of their bid) should be included. Even a consideration for the portable restroom should be part of this scope. The RFP should include a meeting date for site walk with ALL of the potential bidders at a single time. The avenue for questions is to be provided and all questions shall be submitted in a like manner on a Request for Information form (RFI). The answers shall be provided to ALL potential bidders in an addendum. In their bid, the bidders shall acknowledge that they have received the addendums, and considered them in the bid numbers. The bid shall have a specified closing date and time, and no late bids are to be opened or reviewed.

Procrastination in the bid process likely indicates a contractor who has other work that is interfering with your work, and gives an unfair advantage. To consider the ethical consequences of your job, you need to avoid collusion, or the appearance of collusion with the contractors in the RFP process. Following a strict guideline and keeping open records is key to show that your Association wants quality work from quality firms without the guise of promises. So in summary, consider your work scope, the timing, and the needs of that scope to include the coordination of trades. In our roofing example, we may need framers, roofers, sheet metal workers, stucco or stone masons and trim carpenters, and finally painters. Schedule is important to consider, as is, allowing mobilization on the site; or if your association is already tight, you may need to require that only a single building be undertaken at one time, and the contractor will have to deal with off-site mobilization. Finally, your RFP should indicate clearly the quality and nature of the work you are requiring, as well as the insurance requirements to be in place at the time of the work.

41 • CONTACT, FALL 20176

NUMBERS EDITION

Community Management life can be hard

SOLID PAVING. SMOOTH PROCESS. Call the Texas team that’s built to perform.

Asphalt & Concrete Sealcoat & Signage ADA Compliance

That’s why AssociationVoice Web sites are easy.

Why do most of the management companies who switch to AssociationVoice stick with us year after year? It’s easy! Our clients know simple to use web sites are the only ones that not only get embraced by their communities, but make their lives easier. From messaging and maintenance, to accounting integration, now you can try AssociationVoice risk free for 90 days. You can see firsthand the easier your website the more they’ll use it, and the easier your life will become.

Free Quotes. Call Now. 972.263.3223 Bonded & Insured

800.992.4384 | EmailUs@AssociationVoice.com www.pavecon.com

42 • CONTACT, FALL 2017

www.AssociationVoice.com 43 • CONTACT, FALL 2017

NUMBERS EDITION

Community Management life can be hard

SOLID PAVING. SMOOTH PROCESS. Call the Texas team that’s built to perform.

Asphalt & Concrete Sealcoat & Signage ADA Compliance

That’s why AssociationVoice Web sites are easy.

Why do most of the management companies who switch to AssociationVoice stick with us year after year? It’s easy! Our clients know simple to use web sites are the only ones that not only get embraced by their communities, but make their lives easier. From messaging and maintenance, to accounting integration, now you can try AssociationVoice risk free for 90 days. You can see firsthand the easier your website the more they’ll use it, and the easier your life will become.

Free Quotes. Call Now. 972.263.3223 Bonded & Insured

800.992.4384 | EmailUs@AssociationVoice.com www.pavecon.com

42 • CONTACT, FALL 2017

www.AssociationVoice.com 43 • CONTACT, FALL 2017

MEMBERSHIP

Magazine

NUMBERS EDITION

REPORT New DFW CAI Members

How Do I Submit An ArƟcle?

The DFW Chapter welcomes ar�cles! If you have an ar�cle that you believe would be important to our membership, you can send it directly to the DFW Chapter by e-mailing office@dfwcai.org.

Ar�cles can range anywhere from 700 words to several thousand words. We prefer that they be submi�ed in Word format. If you have pictures that accompany the ar�cle, please send them as a�achments instead of inside the body of the ar�cle.

Lori Jo Ball Manager Membership Ball.lori@outlook.com (972)948-2255 Ms. Michelle Ebanks Public Interest Partners michelle.ebanks@cedarhilltx.com (972)291-5100 (1099)

Ar�cles should be informa�ve in nature. You are welcome to provide a brief bio about the speaker, your company or community, along with contact informa�on for inclusion at the end of the ar�cle.

Ms. Michelle Ebanks Public Interest Partners michelle.ebanks@cedarhilltx.com (972)291-5100 (1099)

Ar�cles and adver�sements are accepted un�l the middle of the month prior to publica�on. Contact is produced every quarter, in March, June, September, and December, so we would need your ar�cle or adver�sement no later than February 15, May 15, August 15, and November 15 to ensure inclusion in the upcoming magazine.

Gretchen Holmquist Volunteer Leader gretchen@gretchenholmquist.com (214)298-9978

Contact is mailed to over 500+ ac�ve members each quarter.

Ms. Rochelle Mercier Manager Membership rochelle@worthross.com (214)526-0185

How Do I AdverƟse?

Size

Dimensions

1/8th Page 1/4 Page 1/2 Page

3.625w x 2.325h 3.625w x 4.875h (vert.) 3.625w x 9.875h or (horiz.) 7.5w x 4.875h 7.5w x 10h

Full Page

Inside Front Cover 7.5w x 10h (4 Available) Inside Back Cover 7.5w x 10h (4 Available) Outside Back Cover 7.5w x 6h (4 Available)

Mr. Brian Schoolcraft Manager Membership brian@metroplexpmi.com (817)952-9009

Rates (per issue) Members Non-Members $100 $125 $175 $250 $250 $325 $375

$475

$425 $425 $500

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Buy Two or Three Issues & Receive a 5% Discount!

Buy All Four Issues & Receive a 10% Discount!!!

PosiƟoning of adverƟsing is at the sole discreƟon of the Editor. Preferred posiƟons may be available—inquire for availability and price. CancellaƟons or changes of orders are not accepted aŌer the closing date. If proofs are not furnished, reproducƟons and registraƟon quality is at the adverƟser’s risk. AdverƟser and adverƟsing agency assumes liability for all content including text representaƟon and illustraƟons of adverƟsements printed and also assumes responsibility for any claims arising there from made against the publisher. The publisher reserves the right to reject any adverƟsing contract or inserƟon for any reason.

44 • CONTACT, FALL 2017 5

Mr. Dan Barbato Multi-Chapter Membership for Business Partners Pie Consulting and Engineering dbarbato@pieglobal.com (303)552-0177

Mrs. Amanda Betancourt Manager Membership Community Management, LLC amandabetancourt@cmgt.org (225)271-3906

Mr. Daniel Dutton Business Partners Triton Pool Group, LLC (972)325-1010

Mrs. Brittany Bittle Manager Membership CCMC breiss@ccmcnet.com (972)869-1430

Mr. Jake Southall Manager Membership SBB Management Company j.southall@sbbmanagement.com 214-403-0239 Mr. James Osier Manager Membership Texas Star Community Management, LLC josier@tscmanagement.com (469)899-1000 (150) Mr. James Sowder Business Partners Thompson, Coe, Cousins & Irons, LLP jsowder@thompsoncoe.com (214)871-8200

Jennifer Shannon Manager Membership jennifer@crestedgerealestate.com (214)803-4444

Mr. Justin Foy, RS Multi-Chapter Membership for Business Partners SBSA, Inc. jfoy@callsbsa.com (877)221-7272

Chad Avery Business Partners Bearfoot chad@bearfoot.net (972)849-3849

Mr. Mike Hunsecker Manager Membership CCMC mhunsecker@ccmcnet.com (210)679-8761

Cinnamon Snyder Manager Membership Community Management, LLC csnyder@cmgt.org (225)271-3906

Mr. Richard Lack Business Partners Eco General Contractors rlack@eco-roofing.net (972)765-7768

Collin Simons Business Partners Restore Right restoration@rightcorp.com (972)773-6926

Mr. Rob Kennehan Manager Membership Intercity Investments, Inc. gm@prestontower.com (214)369-9276

Lesley Walker Manager Membership Community Management, LLC lesleywalker@cmgt.org (225)271-3906

Mr. Robert Ikard, Jr. Manager Membership Worth Ross Management robert@worthross.com (214)727-7169

Michele Mcnicol Manager Membership RTI/CMA Management mmcnicol@cmamanagement.com (940)231-5211

Mr. Robert Q. Cano Business Partners R&R Property Maintanace robert.cano@sbcglobal.net (214)460-6161

Mr. Bryan A. Piccola Business Partners Custer Building Systems Office@CusterDFW.com (972)596-2400

Mr. Wayne D. Williams Manager Membership Essex Association Management, LP wayne@essexhoa.com (972)428-2030

Mrs. Christy Theriot Manager Membership Community Management, LLC christytheriot@cmgt.org (225)271-3906 Mrs. Connie J Kindle, CMCA Manager Membership Essex Association Management, LP ckindle@essexhoa.com (972)428-2030 Mrs. Jennifer G. Fisher Manager Membership RTI/CMA Management jengfisher@gmail.com (248)709-7262 Mrs. Michelle Alvarez Manager Membership SBB Management Company M.Alvarez@sbbmanagement.com (972)746-5416 Mrs. Ravin Bonvillain Manager Membership Community Management, LLC ravin@cmgt.org (225)271-3906 Mrs. Stephanie A. H. Pickles Manager Membership RealManage stephpickles10@gmail.com (972)951-8000 Ms. Brittany Roper Manager Membership Somerset Association Management broper@somersetassociations.com (214)690-4048 Ms. Debra Decker Multi-Chapter Membership for Business Partners HomeTeam Pest Defense deb.decker@pestdefense.com (817)713-9200 Ms. Diana Glover Manager Membership Texas Star Community Management, LLC dglover@tscmanagement.com (469)899-1000 (152) Ms. Dondi Morse Manager Membership PMG North-Ft. Worth dmorse@principal-mgmt.com

45 • CONTACT, FALL 2017

MEMBERSHIP

Magazine

NUMBERS EDITION

REPORT New DFW CAI Members

How Do I Submit An ArƟcle?

The DFW Chapter welcomes ar�cles! If you have an ar�cle that you believe would be important to our membership, you can send it directly to the DFW Chapter by e-mailing office@dfwcai.org.

Ar�cles can range anywhere from 700 words to several thousand words. We prefer that they be submi�ed in Word format. If you have pictures that accompany the ar�cle, please send them as a�achments instead of inside the body of the ar�cle.

Lori Jo Ball Manager Membership Ball.lori@outlook.com (972)948-2255 Ms. Michelle Ebanks Public Interest Partners michelle.ebanks@cedarhilltx.com (972)291-5100 (1099)

Ar�cles should be informa�ve in nature. You are welcome to provide a brief bio about the speaker, your company or community, along with contact informa�on for inclusion at the end of the ar�cle.

Ms. Michelle Ebanks Public Interest Partners michelle.ebanks@cedarhilltx.com (972)291-5100 (1099)

Ar�cles and adver�sements are accepted un�l the middle of the month prior to publica�on. Contact is produced every quarter, in March, June, September, and December, so we would need your ar�cle or adver�sement no later than February 15, May 15, August 15, and November 15 to ensure inclusion in the upcoming magazine.

Gretchen Holmquist Volunteer Leader gretchen@gretchenholmquist.com (214)298-9978

Contact is mailed to over 500+ ac�ve members each quarter.

Ms. Rochelle Mercier Manager Membership rochelle@worthross.com (214)526-0185

How Do I AdverƟse?

Size

Dimensions

1/8th Page 1/4 Page 1/2 Page

3.625w x 2.325h 3.625w x 4.875h (vert.) 3.625w x 9.875h or (horiz.) 7.5w x 4.875h 7.5w x 10h

Full Page

Inside Front Cover 7.5w x 10h (4 Available) Inside Back Cover 7.5w x 10h (4 Available) Outside Back Cover 7.5w x 6h (4 Available)

Mr. Brian Schoolcraft Manager Membership brian@metroplexpmi.com (817)952-9009

Rates (per issue) Members Non-Members $100 $125 $175 $250 $250 $325 $375

$475

$425 $425 $500

N/A N/A N/A

Buy Two or Three Issues & Receive a 5% Discount!

Buy All Four Issues & Receive a 10% Discount!!!

PosiƟoning of adverƟsing is at the sole discreƟon of the Editor. Preferred posiƟons may be available—inquire for availability and price. CancellaƟons or changes of orders are not accepted aŌer the closing date. If proofs are not furnished, reproducƟons and registraƟon quality is at the adverƟser’s risk. AdverƟser and adverƟsing agency assumes liability for all content including text representaƟon and illustraƟons of adverƟsements printed and also assumes responsibility for any claims arising there from made against the publisher. The publisher reserves the right to reject any adverƟsing contract or inserƟon for any reason.

44 • CONTACT, FALL 2017 5

Mr. Dan Barbato Multi-Chapter Membership for Business Partners Pie Consulting and Engineering dbarbato@pieglobal.com (303)552-0177

Mrs. Amanda Betancourt Manager Membership Community Management, LLC amandabetancourt@cmgt.org (225)271-3906

Mr. Daniel Dutton Business Partners Triton Pool Group, LLC (972)325-1010

Mrs. Brittany Bittle Manager Membership CCMC breiss@ccmcnet.com (972)869-1430

Mr. Jake Southall Manager Membership SBB Management Company j.southall@sbbmanagement.com 214-403-0239 Mr. James Osier Manager Membership Texas Star Community Management, LLC josier@tscmanagement.com (469)899-1000 (150) Mr. James Sowder Business Partners Thompson, Coe, Cousins & Irons, LLP jsowder@thompsoncoe.com (214)871-8200

Jennifer Shannon Manager Membership jennifer@crestedgerealestate.com (214)803-4444

Mr. Justin Foy, RS Multi-Chapter Membership for Business Partners SBSA, Inc. jfoy@callsbsa.com (877)221-7272

Chad Avery Business Partners Bearfoot chad@bearfoot.net (972)849-3849

Mr. Mike Hunsecker Manager Membership CCMC mhunsecker@ccmcnet.com (210)679-8761

Cinnamon Snyder Manager Membership Community Management, LLC csnyder@cmgt.org (225)271-3906

Mr. Richard Lack Business Partners Eco General Contractors rlack@eco-roofing.net (972)765-7768

Collin Simons Business Partners Restore Right restoration@rightcorp.com (972)773-6926

Mr. Rob Kennehan Manager Membership Intercity Investments, Inc. gm@prestontower.com (214)369-9276

Lesley Walker Manager Membership Community Management, LLC lesleywalker@cmgt.org (225)271-3906

Mr. Robert Ikard, Jr. Manager Membership Worth Ross Management robert@worthross.com (214)727-7169

Michele Mcnicol Manager Membership RTI/CMA Management mmcnicol@cmamanagement.com (940)231-5211

Mr. Robert Q. Cano Business Partners R&R Property Maintanace robert.cano@sbcglobal.net (214)460-6161

Mr. Bryan A. Piccola Business Partners Custer Building Systems Office@CusterDFW.com (972)596-2400

Mr. Wayne D. Williams Manager Membership Essex Association Management, LP wayne@essexhoa.com (972)428-2030

Mrs. Christy Theriot Manager Membership Community Management, LLC christytheriot@cmgt.org (225)271-3906 Mrs. Connie J Kindle, CMCA Manager Membership Essex Association Management, LP ckindle@essexhoa.com (972)428-2030 Mrs. Jennifer G. Fisher Manager Membership RTI/CMA Management jengfisher@gmail.com (248)709-7262 Mrs. Michelle Alvarez Manager Membership SBB Management Company M.Alvarez@sbbmanagement.com (972)746-5416 Mrs. Ravin Bonvillain Manager Membership Community Management, LLC ravin@cmgt.org (225)271-3906 Mrs. Stephanie A. H. Pickles Manager Membership RealManage stephpickles10@gmail.com (972)951-8000 Ms. Brittany Roper Manager Membership Somerset Association Management broper@somersetassociations.com (214)690-4048 Ms. Debra Decker Multi-Chapter Membership for Business Partners HomeTeam Pest Defense deb.decker@pestdefense.com (817)713-9200 Ms. Diana Glover Manager Membership Texas Star Community Management, LLC dglover@tscmanagement.com (469)899-1000 (152) Ms. Dondi Morse Manager Membership PMG North-Ft. Worth dmorse@principal-mgmt.com

45 • CONTACT, FALL 2017

MEMBERSHIP New DFW CAI Members Cont.

Ms. Esther Herrera Manager Membership CCMC mherrera@ccmcnet.com (817)731-2134 Ms. Gisselle Valiente Manager Membership Intercity Investments, Inc. office@prestontower.com (214)369-9276 Ms. Kathy Selvidge Business Partners Texas Republic Bank kathy.selvidge@texasrepublicbank.com (972)334-0700 Ms. Kellye Garrett Manager Membership PMG North-Ft. Worth kgarrett@principal-mgmt.com (817)451-7300 Ms. Kimberli Nail Manager Membership SBB Management Company k.nail@sbbmanagement.com (972)960-2800 (503) Ms. Lauren Schoenfeld Manager Membership Vision Communities Management, Inc. lauren@vcmtexas.com (972)612-2303 Ms. Leigh Noel Macneil Manager Membership PMG North-Dallas leigh.macneil@associaonline.com (603)566-6989 Ms. Lisa Williams Business Partners Texas Turf Pro lisa@texasturfpro.com (214)796-9919 Ms. Marilyn Weinberger Manager Membership Somerset Association Management mweinberger@somersetassociations.com (214)690-4048 Ms. Megan Shaver Manager Membership CCMC mshaver@ccmcnet.com (469)246-3500 Ms. Sarah Hunsinger Manager Membership PMG North-Dallas shunsinger@principal-mgmt.com (214)368-4030 Ms. Susan Record Manager Membership Texas Star Community Management, LLC srecord@tscmanagement.com (469)899-1000 (127) 46 • CONTACT, FALL 2017

REPORT Renewed Members Mr. Ricky Abair, CMCA, AMS Mr. Derek Jay Adam, CMCA Mr. John S. Adami Mr. John Armstrong Mr. Thomas J. Armstrong, AMS, PCAM Mr. Judd A. Austin, Esq. Ms. Jennifer Austin Mrs. Krystal Barbarito, CMCA, AMS, PCAM Mrs. Audrey Beard, CMCA, PCAM Mr. Zachary Beasley Mr. Jeff Bechler Ms. Stephanie Benham, CMCA, AMS, PCAM Ms. Anne Bernhardt Mr. Todd Blair Mr. Steve G. Bone, AMS, PCAM Mr. Victor W. Bosnich, CMCA, AMS, PCAM Ms. Karen Boyd, AMS, PCAM Ms. Kristi Bruening, CMCA Ms. Vanessa Burch, CMCA, AMS, PCAM Mr. Ross Carnes Mr. John Carona, CMCA, PCAM Mr. John Joseph Carona, Jr., AMS, PCAM Ms. Chelsea Chambo, CMCA Mr. Jeremy Clark, AMS, PCAM Mr. Patrick Clark, CMCA, PCAM Mr. Jamie Don Coker, CMCA, AMS Mr. Kent P. Coleman Mr. Barry Coleman Ms. Amy Cook, CMCA, AMS Ms. Anna Corcoran Mr. Bob Cote’ Mr. Bruce Crawford, AMS, PCAM Mr. Rodney E. Cruz Mr. Craig Curtis, CMCA Ms. Melanie Davis Ms. Debra Decker Mr. Blair Descourouez Mr. William C. DeVane, CMCA, AMS, PCAM Ms. Julie Dickens Ms. Gail Dwight, CMCA, AMS Mr. Roger Eades Mr. Dan Estep, CMCA Ms. Denise W. Fanning, CMCA, AMS Ms. Tracy Fleming Mr. Brad Fraley Ms. Beverly Franzen Ms. Ava Fryer Mr. John D Fulton Ms. Susan Garrett Ms. Susan Garrison, CMCA, AMS Ms. Cheryl Lynn Geiger Mr. Anthony Givens Ms. Kortney Glass Ms. Elizabeth Granger Ms. Amanda Green Mr. Douglas Greene Ms. Pam Grundy Mr. Todd Gschwend, CMCA, AMS Mr. Richard Hamilton, RS Mr. Richard Hare Mr. Joe Hartman Ms. Joan Hayes Ms. Mary Beth Hays Mr. Carl Hedrick, CMCA, AMS Mr. Gregory Herbst, CMCA, AMS Mr. William F. Hession, CMCA, AMS, PCAM Brandon Hobbs Mrs. Kim Holmes Mr. Robert Holte Mr. Larry Hughston Ms. Krista Jimenez

MEMBERSHIP Renewed Members Mr. Charlie H. Johnson Ms. Josephine Johnson, CMCA, AMS Mrs. Lori A Jones, CMCA, AMS Dr. Robert Lawrence Kaman Ms. Velvet Dawn Kelly Mr. Richard Keyt Ms. Elizabeth King, CMCA, AMS, PCAM Mr. Gary Klepperich, CMCA, AMS, PCAM Ms. Cheryl LeAnne Ladew Mr. Carroll Lamb, Jr. Mr. Michael Lesku, CMCA, AMS, PCAM Ms. MaryKathryn Lightsey Ms. Monika Karin Loeffler, CMCA, AMS, PCAM Mr. Carter R. Low, CMCA, AMS Mr. Chuck Lundin Ms. Deborah Dodge Macziewski, PCAM Mr. Tommy Mandell Mr. Brad Marshall Mr. Timothy McConville, AMS, PCAM Ms. Janett McMillan Mr. Joel W. Meskin, Esq., CIRMS Mr. Zan Miller Mr. Donald Mims Mrs. Sonya Elaine Mokry, CMCA, AMS Mr. Michael B Morgan Mrs. Jamie Morris, CMCA, AMS, PCAM Ms. Erin Mudie Ms. Claudia Nichols Mr. Scott North Mr. Bob Owens Ms. Karen L. Palmer, CMCA, AMS, PCAM Ms. B.J. Penner Mrs. Judith M. Phares, CMCA, PCAM Ms. Jo Anne Pitcher Ms. Laura Price, CMCA, AMS, PCAM Ms. Cindy Rademacher, CMCA, AMS Dr. Jim F. Reed Mrs. Angela Nichole Rice, CMCA Mr. Dean A. Riddle, Esq. Mr. William Rinker Mr. Dustin Alan Robinson, CMCA, AMS Mr. Jim Root Mr. Worth W. Ross, CMCA, AMS Ms. Maria Rust Mr. Alan Ruth, RS Mr. Ruben Rutherford Ms. Sherri Schmoekel, PCAM Ms. Morgan Schott, CMCA, AMS Mr. John Shaffer Mr. Fred Shapiro, PCAM Ms. Stephanie A. Smith, AMS, PCAM Mr. Richard B. Smith Ms. Linda Soos Mr. Vince Sprinkle Mr. Steven Sumners Mr. John Tarlton, CMCA, AMS Mr. Robert Ty Taylor Ms. Carol Teasley Mrs. Thelma Marie Terrell, CMCA, PCAM Mr. Steve Tharp Mr. Gary Thornton Ms. Amy Tores, CMCA, AMS, PCAM Mr. Tony Trevino Mr. Timothy Vela Mr. Michael John Walker, CMCA Ms. Onie Webb Ms. Michelle Weber Ms. Lori R. Welsh, CMCA, AMS Mrs. Beverly Gatti West Mr. Cannon J Wood, CMCA Mr. Christopher Zazo

REPORT

NUMBERS EDITION

Rejoined Members Mrs. Pamela Andersen-Balash, CMCA Mr. Jeremy Foster Mr. Chris Gonzalez Mr. James Thomas Gordon, CMCA, AMS Mr. James L. Hitt, CMCA Ms. Charisse Huynh-Cong Montoya, CMCA Ms. Laura Jean Kurak, CMCA, PCAM Ms. Teresa Lamb, CMCA, PCAM Mr. Carter R. Low, CMCA, AMS Mrs. Martha Lynn Mccaskill, CMCA Ms. Ruth McLaughlin, CMCA, AMS Mr. Laurence E. Scott, Jr. Mr. Sam Timothy Mr. Edward Charles Williams, Jr., CMCA Ms. Tracy Ellen Wolin, CMCA, AMS, PCAM

47 • CONTACT, FALL 2017

MEMBERSHIP New DFW CAI Members Cont.

Ms. Esther Herrera Manager Membership CCMC mherrera@ccmcnet.com (817)731-2134 Ms. Gisselle Valiente Manager Membership Intercity Investments, Inc. office@prestontower.com (214)369-9276 Ms. Kathy Selvidge Business Partners Texas Republic Bank kathy.selvidge@texasrepublicbank.com (972)334-0700 Ms. Kellye Garrett Manager Membership PMG North-Ft. Worth kgarrett@principal-mgmt.com (817)451-7300 Ms. Kimberli Nail Manager Membership SBB Management Company k.nail@sbbmanagement.com (972)960-2800 (503) Ms. Lauren Schoenfeld Manager Membership Vision Communities Management, Inc. lauren@vcmtexas.com (972)612-2303 Ms. Leigh Noel Macneil Manager Membership PMG North-Dallas leigh.macneil@associaonline.com (603)566-6989 Ms. Lisa Williams Business Partners Texas Turf Pro lisa@texasturfpro.com (214)796-9919 Ms. Marilyn Weinberger Manager Membership Somerset Association Management mweinberger@somersetassociations.com (214)690-4048 Ms. Megan Shaver Manager Membership CCMC mshaver@ccmcnet.com (469)246-3500 Ms. Sarah Hunsinger Manager Membership PMG North-Dallas shunsinger@principal-mgmt.com (214)368-4030 Ms. Susan Record Manager Membership Texas Star Community Management, LLC srecord@tscmanagement.com (469)899-1000 (127) 46 • CONTACT, FALL 2017

REPORT Renewed Members Mr. Ricky Abair, CMCA, AMS Mr. Derek Jay Adam, CMCA Mr. John S. Adami Mr. John Armstrong Mr. Thomas J. Armstrong, AMS, PCAM Mr. Judd A. Austin, Esq. Ms. Jennifer Austin Mrs. Krystal Barbarito, CMCA, AMS, PCAM Mrs. Audrey Beard, CMCA, PCAM Mr. Zachary Beasley Mr. Jeff Bechler Ms. Stephanie Benham, CMCA, AMS, PCAM Ms. Anne Bernhardt Mr. Todd Blair Mr. Steve G. Bone, AMS, PCAM Mr. Victor W. Bosnich, CMCA, AMS, PCAM Ms. Karen Boyd, AMS, PCAM Ms. Kristi Bruening, CMCA Ms. Vanessa Burch, CMCA, AMS, PCAM Mr. Ross Carnes Mr. John Carona, CMCA, PCAM Mr. John Joseph Carona, Jr., AMS, PCAM Ms. Chelsea Chambo, CMCA Mr. Jeremy Clark, AMS, PCAM Mr. Patrick Clark, CMCA, PCAM Mr. Jamie Don Coker, CMCA, AMS Mr. Kent P. Coleman Mr. Barry Coleman Ms. Amy Cook, CMCA, AMS Ms. Anna Corcoran Mr. Bob Cote’ Mr. Bruce Crawford, AMS, PCAM Mr. Rodney E. Cruz Mr. Craig Curtis, CMCA Ms. Melanie Davis Ms. Debra Decker Mr. Blair Descourouez Mr. William C. DeVane, CMCA, AMS, PCAM Ms. Julie Dickens Ms. Gail Dwight, CMCA, AMS Mr. Roger Eades Mr. Dan Estep, CMCA Ms. Denise W. Fanning, CMCA, AMS Ms. Tracy Fleming Mr. Brad Fraley Ms. Beverly Franzen Ms. Ava Fryer Mr. John D Fulton Ms. Susan Garrett Ms. Susan Garrison, CMCA, AMS Ms. Cheryl Lynn Geiger Mr. Anthony Givens Ms. Kortney Glass Ms. Elizabeth Granger Ms. Amanda Green Mr. Douglas Greene Ms. Pam Grundy Mr. Todd Gschwend, CMCA, AMS Mr. Richard Hamilton, RS Mr. Richard Hare Mr. Joe Hartman Ms. Joan Hayes Ms. Mary Beth Hays Mr. Carl Hedrick, CMCA, AMS Mr. Gregory Herbst, CMCA, AMS Mr. William F. Hession, CMCA, AMS, PCAM Brandon Hobbs Mrs. Kim Holmes Mr. Robert Holte Mr. Larry Hughston Ms. Krista Jimenez

MEMBERSHIP Renewed Members Mr. Charlie H. Johnson Ms. Josephine Johnson, CMCA, AMS Mrs. Lori A Jones, CMCA, AMS Dr. Robert Lawrence Kaman Ms. Velvet Dawn Kelly Mr. Richard Keyt Ms. Elizabeth King, CMCA, AMS, PCAM Mr. Gary Klepperich, CMCA, AMS, PCAM Ms. Cheryl LeAnne Ladew Mr. Carroll Lamb, Jr. Mr. Michael Lesku, CMCA, AMS, PCAM Ms. MaryKathryn Lightsey Ms. Monika Karin Loeffler, CMCA, AMS, PCAM Mr. Carter R. Low, CMCA, AMS Mr. Chuck Lundin Ms. Deborah Dodge Macziewski, PCAM Mr. Tommy Mandell Mr. Brad Marshall Mr. Timothy McConville, AMS, PCAM Ms. Janett McMillan Mr. Joel W. Meskin, Esq., CIRMS Mr. Zan Miller Mr. Donald Mims Mrs. Sonya Elaine Mokry, CMCA, AMS Mr. Michael B Morgan Mrs. Jamie Morris, CMCA, AMS, PCAM Ms. Erin Mudie Ms. Claudia Nichols Mr. Scott North Mr. Bob Owens Ms. Karen L. Palmer, CMCA, AMS, PCAM Ms. B.J. Penner Mrs. Judith M. Phares, CMCA, PCAM Ms. Jo Anne Pitcher Ms. Laura Price, CMCA, AMS, PCAM Ms. Cindy Rademacher, CMCA, AMS Dr. Jim F. Reed Mrs. Angela Nichole Rice, CMCA Mr. Dean A. Riddle, Esq. Mr. William Rinker Mr. Dustin Alan Robinson, CMCA, AMS Mr. Jim Root Mr. Worth W. Ross, CMCA, AMS Ms. Maria Rust Mr. Alan Ruth, RS Mr. Ruben Rutherford Ms. Sherri Schmoekel, PCAM Ms. Morgan Schott, CMCA, AMS Mr. John Shaffer Mr. Fred Shapiro, PCAM Ms. Stephanie A. Smith, AMS, PCAM Mr. Richard B. Smith Ms. Linda Soos Mr. Vince Sprinkle Mr. Steven Sumners Mr. John Tarlton, CMCA, AMS Mr. Robert Ty Taylor Ms. Carol Teasley Mrs. Thelma Marie Terrell, CMCA, PCAM Mr. Steve Tharp Mr. Gary Thornton Ms. Amy Tores, CMCA, AMS, PCAM Mr. Tony Trevino Mr. Timothy Vela Mr. Michael John Walker, CMCA Ms. Onie Webb Ms. Michelle Weber Ms. Lori R. Welsh, CMCA, AMS Mrs. Beverly Gatti West Mr. Cannon J Wood, CMCA Mr. Christopher Zazo

REPORT

NUMBERS EDITION

Rejoined Members Mrs. Pamela Andersen-Balash, CMCA Mr. Jeremy Foster Mr. Chris Gonzalez Mr. James Thomas Gordon, CMCA, AMS Mr. James L. Hitt, CMCA Ms. Charisse Huynh-Cong Montoya, CMCA Ms. Laura Jean Kurak, CMCA, PCAM Ms. Teresa Lamb, CMCA, PCAM Mr. Carter R. Low, CMCA, AMS Mrs. Martha Lynn Mccaskill, CMCA Ms. Ruth McLaughlin, CMCA, AMS Mr. Laurence E. Scott, Jr. Mr. Sam Timothy Mr. Edward Charles Williams, Jr., CMCA Ms. Tracy Ellen Wolin, CMCA, AMS, PCAM

47 • CONTACT, FALL 2017

2018 FF

DFW CAI UPCOMING EVENTS

NUMBERS EDITION

December Members Luncheon and Toy Drive Wednesday, December 13 11:30am - 1:00pm Brookhaven Country Club | Farmers Branch M205: Risk Management Thursday, Feb. 22, 2018 Fri., Feb. 23, 2018 8:30 am - 5:00 pm Embassy Suites by Hilton 13131 North Central Expressway Dallas, TX 75243

DEC

JAN

FEB

Commercial • Residential • Industrial LOCALLY OWNED REFERENCES PROVIDED

Serving the Metroplex For Over 28 Years

214-254-4920

www.acmeroofsystems.com

48 • CONTACT, FALL 2017

49 • CONTACT, FALL 2017

2018 FF

DFW CAI UPCOMING EVENTS

NUMBERS EDITION

December Members Luncheon and Toy Drive Wednesday, December 13 11:30am - 1:00pm Brookhaven Country Club | Farmers Branch M205: Risk Management Thursday, Feb. 22, 2018 Fri., Feb. 23, 2018 8:30 am - 5:00 pm Embassy Suites by Hilton 13131 North Central Expressway Dallas, TX 75243

DEC

JAN

FEB

Commercial • Residential • Industrial LOCALLY OWNED REFERENCES PROVIDED

Serving the Metroplex For Over 28 Years

214-254-4920

www.acmeroofsystems.com

48 • CONTACT, FALL 2017

49 • CONTACT, FALL 2017

With community association lending expertise like ours, you’ll get the job done right.

take that to the bank.

Olivia Hurtado Regional Account Executive 214-717-2718 Toll Free 866-800-4656, ext. 7567 olivia.hurtado@mutualofomahabank.com

mutualofomahabank.com AFN45863_0813

Member FDIC Equal Housing Lender