Spring 2017 CommunityCONTACT A Resource For Homeowners Associations, Condominiums, Townhomes, and Cooperatives Digital www.dfwcai.orgEdition Insurance - A CommunityRallyKitchenManagerAssociationProfessionalManagementRiskSteworStafftoOptimizeKarma
Water RoofsFirewallsRetainingGradingStructuralIntrusionDamage&DrainageExpansiveSoilsWalls281.929.9528 | www.ConstructionDefects.law *By Appointment Only REPAIRING HOMES | RESTORING VALUE | REVITALIZING COMMUNITIES Southlake, TX* | Houston, TX* | Golden, CO | Bloomington, MN Free Initial Attorney-AdvancedContingentEvaluationFeeArrangementsCaseCostsAvailable Is your community faced with construction defects or insurance disputes?
1• CONTACT, Spring 2017 RECIPE EDITION
2 • CONTACT, Fall 2016
3 • CONTACT, Spring 2015
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.
CommunityCONTACT CONTENTS Spring is Here; Is Your Community Ready? by Richard Hamilton, RS, PRA & Debbi Kennedy Why is Pond Aeration Important by Bryan Farquhar, Magnolia Fisheries Professional Association Manager or Kitchen Staff by Chris Harrison, PCAM Insurance - A Risk Management Stew By Dean Riddle and Julie Dupont 1612108 Managin Pesky Mosquitos in Your Community by Gavin Ferris, Ecologist Communication Equals Success by Tonya Martin, Community Manager Recipe for Success by Worth Ross The Oaks at Calabasis: Case Study by Dan Hotchkiss Rally to CommunityOptimizeKarma by Margey Meyer, CMCA, PCAM 22303233 18 Pool Preparation Checklist - Real Manage 20 Properly Test Your Emergency Pool Phone 24 TCAA Overview - March 2017 29 The Potluck - Mark Norton, Lantana 34 Community Crime Prevention 41 Membership Report 44 Calendar of Events RECIPEFEATUREDEDITION36
AAMC, AMS, and PCAM are registered trademarks of Community Associations Institute. CMCA is a registered trademark of the Community 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.
All contents of Community Contact are protected by copyright. Reproduction in whole or in part without written permission is expressly prohibited.
CMCA, AMS Worth Ross Management Company, AAMC PRESIDENT-ELECTworth@worthross.comRobinAndersonReconstructionExperts, Inc.
AAMC
Hailey, PC TREASURERsdalrymple@rmwbhlaw.com Kevin CavanaughCavanaughandCompany, kcavanaugh@cavanaughcpas.comPLLC DIRECTORS Sherri Schmoekel, PCAM SBB Management, Company, Michaels.schmoekel@sbbmanagement.comAAMCJ.Walker,CMCABridlewoodHomeownersAssociationmicwalk@tx.rr.comAnneBernhardtParkTowersCondominiumAssociationanneb972@gmail.comElleLarkinAllianceAssociationBankelarkin@allianceassociationbank.com James Nicholson, Chapter Executive Director DFW Community Associations Institute 14070 Proton Road, Suite 100 Dallas, TX 75244-3601 (972) 246-3540 www.dfwcai.org 2017 BOARD OF DIRECTORS MANAGEMENT
IHello,am thrilled to be your Chapter President for 2017. In preparation for my first letter to you, I read several letters written by previous Presidents. As I read these letters, the phrase that ran through my mind was that of Isaac Newton in 1676 where he wrote, “standing on the shoulders of giants.” Though over 300 years old, it most certainly rings true for me this New Year. I am honored to continue the great work laid before me and am excited to build on our chapter’s success in 2017. Many of my predecessors navigated very challenging business climates. Our current climate, extraordinary by all measures, presents its own set of unique challenges. The demand for association management services is greater than ever, as new communities seem to break ground on a weekly basis. So too are the demands of our association business partners, who seek to grow their companies and expand their services. We must also keep an eye toward the future and how multi-generational needs from Baby Boomers to Millennials will continue impacting our industry. The good news is our DFW Chapter continues to grow in size and experience each year, providing us with better industry knowledge and insights from within our well-seasoned membership. Through ongoing professional development and continued efforts of our chapter to stay ahead of legal and legislative trends, we can smoothly navigate the waters ahead by ensuring our members stay supported and prepared for this ever-growing and ever-changing business Speakingenvironment.ofsupport,
PRESIDENTWorthW.Ross, VICErobina@reconexp.comPRESIDENTBruceCrawford,AMS,PCAMInsightAssociationManagement, SECRETARYbcrawford@insightam.comShawnaDalrympleRobertsMarkelWeinbergButler
I want to take a moment to praise our supporting committees and the volunteers that serve on them. The life and growth of our chapter is due to those individuals. Volunteering brings us together and gives the chapter its heartbeat. If you want to get more out of your CAI membership, I implore you to give more to it. Participate in annual events, take the educational classes offered and expand your professional network. At the food drive event this past year for the North Texas Food Bank, we prepared some 1,400(+) boxes of canned food items for some of our area’s needy families. The teamwork that went into that event builds camaraderie in our community and local chapter. Not that association management is ever stressful, but a great way to de-stress and blow off some steam is to make it out to an event and spend some time with your fellow CAI members. Speaking of events, the annual Golf Tournament takes place on April 17th. I hope to see you all there and at other events throughout this year. Lastly and most important provide others with the opportunity to meet you. Come to the luncheons’ and introduce yourself to someone you don’t know and invite them to join you for lunch. Who knows, they may be looking for someone special and you are that person. Have fun! Thank you for the opportunity to serve as your Chapter President this new year. Here’s to a fantastic 2017! WorthCheers,
5• CONTACT, Spring 2017 COMMUNITIES. SBB Management Company is dedicated to providing professional homeowners association management and consultation to Texas communities. • 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 43 Years Leadership!Associationof Accredited ManagementAssociationCompany(AAMC) 8360 LBJ Freeway, Suite 300 • Dallas, TX 75243 • Phone (972) 960-2800 • Fax (972) 991-6642 www.sbbmanagement.com • emailus@sbbmanagement.com Access Your HOA-Anytime,Anywhere AAMC® Find us onRECIPE EDITION
6 • CONTACT, Spring 2017 2017 ANNUAL SPONSORS SUPER SPONSORS Benson, Kerrane, Storz, & Nelson, PC Kings III Emergency Communications Lake Management Services SBB Management Company, AAMC DIAMOND CCMC,SPONSORSAAMCCertaPro RTI/Community Management Associates, Inc. “CMA”, AAMC Neighborhood Management, Inc., AAMC OrlandoPavecon,GroupLtd. Worth Ross Management Company PLATINUM SPONSORS 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 GOLD SPONSORS BB&T Financial FanninDavis-Dyer-MaxServicesTreeFarm Henry Oddo Austin Fletcher, PC Insight Association Management, AAMC Interstate Restoration RealManage Roberts Markel Weinberg Butler Hailey, PC SOLitude Lake ManagementUnionBank SILVER SPONSORS Bob Owens Electric, Inc. Classic Property Management Cornerstone Association Management Services Singer Association Management Texas Disaster Restoration BRONZE SPONSORS Advanced Association Management - Allegra Marketing Print Mail - Paul Baker Insurance Agency, Inc. - The Blend Law Firm; Canady & Canady, PCCavanaugh & Company, PLLC - Community Association Experts, AAMC - Kraftsman Playground and Park Equipment - Riddle and Williams, PC EDUCATION SPONSORS Excel Association Management, Inc., AAMC - Greater Texas Landscapes - Pool Referees - Sheri Wilson Insurance Agency - Southern Botanical
2017 DFW/CAI RobertsBarbara.Thomas@fsresidential.comCommunityReconstructionAmbassadorsChairpersonsCommitteeofFunRobinAndersonExperts,Inc.robina@reconexp.comAffairsCommitteeBarbaraThomasFirstServiceResidentialMembershipCommitteeShawnaDalwympleMarkelWeinbergButlerHailey, NeighborhoodHighshdalrymple@rmwbhlaw.comRiseManagersForum(Co-Chairs)WorthW.Ross,CMCA,AMSWorthRossManagementCo.,AAMCworth@worthross.comDebbieSanderson,CMCA,AMSWorthRossManagementCo.,AAMCdebbie@worthross.comExpoCommitteeBettyClaradyBenson,Kerrane,Storz,&Nelson,PCbetty@bensonopc.comProgrammingCommitteeBeverlyCoghlan,CMCA,AMS,PCAMManagement,Inc.,AAMCbeverly@nmitx.comMagazineCommitteeBettyCrudden,CMCA,AMS,PCAMSBBManagement,Company,AAMCb.crudden@sbbmanagement.comGolfCommitteeJeffHigginsMcKenzieRhody,LLPjhiggins@mrcdlaw.com
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7 • CONTACT, Spring 2017
PC
Is Your Community Ready?
and paint. Pick a warm, dry day to paint your wrought iron items. Don’t allow painting to start if surfaces are wet, when the humidity is more than 80 percent or if the temperature is less than 50 degrees. Your contractor will need to remove both the old paint and rust for a new coat of paint to adhere properly. Keep in mind that they don’t have to remove every bit of the old paint. The surface just needs to be free of loose flakes of paint and other debris. Sanding and scraping the surface also “raises” the surface a bit for better paint adhesion. Spray wrought iron with a primer made specifically for metals. Apply a coat of rust-inhibiting paint spray or apply it using a small to medium-sized paintbrush. Spray painting gets the job done fast and provides excellent coverage and a smooth finish. Apply several light coats and ensure you’ve picked a time where weather will allow complete drying. Have damaged pieces replaced. Wood and trim paint. Wood must be properly finished with a paint, stain, or clear sealer. Left unprotected, it’s susceptible to rot and decay caused by moisture. Of special concern is the fact that wood expands and contracts with normal changes in
8 • CONTACT, Spring 2017
Spring is Here!
Spring has sprung, the weather is warm and it is a perfect time to tackle those projects throughout your community that have been put off for the last few months. Here are a few suggestions for projects that should be completed when the weather is mild: Pool opening. The spring pool opening is one of the most exciting times of the year for any community. After months of cold, possibly with snow and ice, the weather is starting to warm up and your pool is nearly ready to be the centerpiece of some fun in the sun! Even though the sun is shining and the water is warm, the pool isn’t quite ready for swimmers just yet. There are still some necessary steps every pool operator must take in order to have a clean and safe pool that is ready to handle a long summer season. Start by inspecting the filter and pump equipment. Look for leaks or chemical build-up. Listen to the pumps. Do they sound normal, or is there noted rattling or other unusual sounds? Check your concrete. Are the mastic and joint seals in good condition? Like streets and walks, you do not want moisture under your concrete. Have your chemical balance tested. Do they need adjustments? Are cabana restrooms clean and operating properly? Finally, check your security systems. Is the DVR operating properly? This could save the Association big bucks if there is an incident. Test your emergency call system and gate access system to be sure they are functioning as Concretedesigned.seam seal and/or Asphalt crack seal. Moisture is a friend to no one (except maybe frogs and fish). Moisture under concrete or asphalt can cause subsurface settling, heaving or erosion, which in turn will result in cracking and deterioration of the surface element. Annual inspection of street and walk sealing systems is important to maintaining the life of your community assets. Any areas of deterioration which would allow moisture penetration should be removed, cleaned and replaced. If you have asphalt streets, be sure to inspect the transition areas between concrete and asphalt (curb and street) to ensure it is Metalsealed.fence
Playground inspection. Give equipment a good power washing to remove dirt buildup and check structures for any insect nests that need to be addressed. Tighten up or replace any loose bolts and repair any damage to equipment so that it is safe for children to play on. You may want to consider budgeting for resurfacing of the playground if it has become worn or unsafe. Have the fall surface raked to level any depressions, especially under swings and slides. Service clubhouse and guard house HVAC. You may not have been running the heat or air conditioning much lately, but can anticipate doing so as the weather turns hotter. Have a professional give the HVAC a thorough check to identify current or potential problems and ensure it is clean and in good working Adjustorder. your timers. Save water and energy by adjusting timers for sprinkler systems and lights to align with the time change. With a little bit of planning and maintenance, your assets will be set for a functional and enjoyable summer.
9 • CONTACT, Spring 2017 RECIPE EDITION humidity and temperature. These fluctuations may cause paint finishes to chip and crack, and over time puts stress on caulked seams around windows, doors, and at corners. If the caulk separates and fails to keep out moisture, wood rot may develop. Even species of wood that have a natural resistance to rot, such as redwood, cypress, and cedar, may decay if not properly protected from the elements. Roof Inspection. Having your roof inspected is the single most important thing you can do to ensure its overall lifespan. wAnnually is better than never, but if you are in a location that experiences extreme weather conditions over different periods throughout the year (like most of us), the majority of roofing contractors suggest inspecting your roof at least twice a year, in the fall and again in the spring or early summer. Since spring will be here before we know it, it’s actually a good time to start thinking about this now. Having minor problems repaired at their onset will help prevent further damage and ensure the roof over your head stays in good condition and can keep on doing what it’s designed to do – protect you from the elements. While you’re at it, don’t forget to take a look at your gutters – remove debris, make sure your downspouts aren’t clogged, and give them a general overall cleaning.
Grout and wall repairs. Masonry materials are naturally porous, so a certain amount of moisture absorption is expected. Unfortunately, as brick and mortar ages, it can start to wear and degrade, sucking in moisture like a sponge and causing damage to the wall and structure. One way to prevent that from happening (and/or to halt that masonry degradation): having a service apply a waterproofing sealant that keeps water out, and adds a layer of protection to your masonry items. We’ve seen this relatively small investment in protection add years of service life to a masonry structure. This is also a good time to remind homeowners that vegetation should be removed from masonry walls. Pond and lake clean up and maintenance. Give your pond and equipment a full inspection. Check pumps and fountain heads for wear or debris build up. If you have aerators, be sure that they are performing properly. The appearance of your pond depends on this. Walk your shoreline. Are there areas that have eroded? Do sling-bags or bulkheads need repairs? If you have a dock, this would be a good time to check the condition of the deck surface and float performance.
By: Richard Hamilton RS, PRA Debi Kennedy, Specialist Community Association Reserves
By Bryan Farquhar MS Aquatic Biology/AFS Certified Fisheries MagnoliaProfessionalFisheries
Bottom-diffused aeration systems work from the pond bottom up. They do not provide aesthetic benefits; however, they eliminate thermal stratification and promote oxygen rich conditions near the pond bottom. The resulting increase in biological activity near the pond bottom provides many benefits to the overall health of the pond. Bottom aeration systems are both more energy and cost efficient than surface fountains.
Adding supplemental aeration with either surface fountains or bottom-diffused aeration systems is a great investment for the health of your pond. Surface fountains not only provide aesthetic benefits but also increase surface diffusion of oxygen. As a result, fountains provide a buffer against the harsh environmental conditions that can cause large scale fish kills. Surface fountains also disrupt the water surface and eliminate stagnant water conditions where mosquito larvae thrive.
Dissolved oxygen influences many other biological processes that occur in a pond. Higher oxygen levels typically result in fewer outbreaks of noxious algae blooms. When oxygen levels are good, the beneficial pond bacteria are more efficient at using up nutrients which would otherwise be used in the production of algae. Likewise, increased oxygen levels near the pond bottom encourage the breakdown of organic “muck” by aerobic bacteria. This results in a reduction of bad odors that can emanate from the pond surface during certain times of the year.
10 • CONTACT, Spring 2017
Why is Pond Aeration Important?
Dissolved oxygen (DO) is the lifeline of the aquatic ecosystem. Without oxygen, both fish and desirable aquatic vegetation can die. Oxygen is present in water in much smaller amounts than it is in the air we breathe. Therefore, maintaining adequate oxygen levels in the water is critical to the health of the pond. Oxygen enters pond water naturally through atmospheric diffusion and by photosynthesis of aquatic plants and algae. The diffusion rate of oxygen increases with increasing wind and wave action. Unfortunately, small community ponds do not receive the same degree of wave action that occurs on larger lakes and reservoirs. Secondly, these ponds often have denser fish populations which create a higher oxygen demand in the water. During daylight hours, aquatic plants and algae produce oxygen as a byproduct of photosynthesis. However, this process reverses at night when the plants consume oxygen during respiration. This natural day/night cycle causes 24 hour fluctuations in dissolved oxygen levels. In ponds with excessive plant or algae growth, the oxygen levels can be elevated in late afternoon but dangerously low just before sunrise. Even a very short time without oxygen can be fatal to fish and aquatic insects. Water temperature is another major factor in oxygen response. Cooler water holds more oxygen that warm water. Therefore, monitoring oxygen levels in community ponds is most important during the “dog days” of summer. The majority of oxygen related fish kills in community ponds occur at night during the months of July, August, and September. Diffused Aeration
Surface Fountain
In other cases it is appropriate for the manager to operate much like a SOUS CHEF does. The sous chef is the right hand of the executive chef, they pick up slack, lead when necessary and fill in roles or gaps as needed. Often times whether it is a vacancy on a board or a lack of knowledge in a particular area a professional manager steps into help keep things moving along. A manager can also find themselves at times operating much like a LINE COOK. A line cook is focused, almost singularly, on their particular area of expertise. Whether it is a sauté chef or a grill cook they know their role and they are expected to perform it flawlessly, over and over again. Professional managers have to know how to fill their role as managers while still providing expertise, guidance and support for the volunteer board members. A good manager understands that getting too far outside their area of responsibility can lead to alienation and even discontent if not carefully handled. Some board members look to the manager often for assistance and others, such as a Certified Public Accountant operating as a board treasurer may not want the manager in their station. The parallels between a restaurant and running a homeowners association are many. A large restaurant most likely has a SOMMELIER on staff; this could be comparable to an Association that has a large clubhouse or a unique set of amenities or lifestyle programming. Expertise and proficiency are key, just as a sommelier, better than your average waiter or waitress knows their wines and how to pair them, a manager has to know when to bring in an expert in a particular field.
As a manager you may find yourself operating as the EXECUTIVE CHEF. The Executive Chef is the clear leader of the team. This can also be one of your Board members. A good manager recognizes when to let the volunteer board member take this role and be part of the supporting team. Any team or “staff” needs a clear leader or it will only be marginally successful at best.
Running a restaurant requires communication and collaboration between the staff, the front and back of the restaurant; the successful operation of a homeowners association with a Board of Directors and a professional manager is not any different. Communication is key, remembering you are in a service business and that you have a customer has to be front and center for any successful manager. Serving your clients is just like serving patrons in a restaurant. Know what your role is when dealing with a wide variety of personalities and backgrounds. Step up when appropriate and to the side when appropriate and your clients will appreciate it - you will find success. When managing a portfolio it is ok to be the executive chef at times and to be a line cook at other times, just be sure to remember than when you submit your work product to your client, whether it is the monthly financials or a set of bids for review or really anything that you are handling professionally that it has your signature on it, just as a chef is known for their recipes, you want it to be flawless. That leads to success.
12 • CONTACT, Spring 2017
Bon Appétit!!!!!!
Chris Harrison, PCAM Managing Partner – Goodwin Harrison Management, LLC. Plano,555chris.harrison@goodwintx.comwww.goodwintx.comRepublicDr.,Suite200TX75074
All Boards of Directors are different, from the personalities present to the needs and wants of the community itself. This is no different than a restaurant during operating hours, serving its Acustomers.typicalassociation manager may have an average portfolio of seven properties. Those seven properties each have an average of five board members. The result is an average of thirty-five personalities a manager has to work with to be successful. One style does not fit all so what are the roles the manager has to be adaptable to?
In association management your typical portfolio manager plays a wide variety of roles, much like those you would find working in a successful kitchen. It takes all of these people working in tandem to be successful, to execute the recipes the restaurant is known for and to maintain the standards expected by the owner and more importantly the patrons of the restaurant.
Professional Association Manager or Kitchen Staff?
13 • CONTACT, Spring 2017 RECIPE EDITION
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. Harmony.Smiles.Joy. Community Association Management 469.246.3500 www.CCMCnet.com 14• CONTACT, Spring 2017
One Partner for All Your Landscape Needs Design • Develop • Maintain • Enhance Contact Us Brian RegionalWiedenhoeftKeyAccount Manager C. 972 880 7066 brian.wiedenhoeft@brightview.com A LandscapeExpertResidentinYour 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. www.brightview.com 15 • CONTACT, Spring 2017 RECIPE EDITION
Insurance – a Risk Management Stew 16 • CONTACT, Spring 2017
Dean Riddle and Julie Dupont, Riddle & Williams, P.C.
Coverage Fidelity Coverage
17 • CONTACT, Spring 2017
RECIPE
Insurance is a type of risk management whereby the risk of an uncertain loss is transferred to an insurer in return for payment. Insurance is a must to protect an association and its directors from financial harm in the event that a covered loss occurs. Maintaining insurance is not only a good business practice; the association’s governing documents likely impose at least some obligation to procure insurance. In addition, for condominiums, Section 82.111 of the Texas Uniform Condominium Act (“TUCA”) establishes the minimum coverage for property insurance. Both TUCA and the governing documents typically only establish the minimum required insurance—associations can often purchase additional coverage or increased coverage limits if so desired.
2. General liability coverage protects the association from claims for personal injury and property damage resulting from the operation of the association. This includes coverage for losses like a personal injury claim from a slip and fall, or damage to a vehicle caused by a malfunctioning entrance gate.
5. Excess and umbrella coverages are two different types of coverage that are often used interchangeably, but actually refer to different things. Both excess and umbrella coverage kick in only after the underlying policy limits have been exhausted. Excess coverage merely increases the monetary limits of the underlying policy. For example, an excess policy may increase the total amount of coverage under a general liability insurance policy from $1 million provided by the underlying policy to $5 million with an additional $4 million of excess coverage. In contrast, an umbrella policy is typically broader than the underlying policy, and expands the type of coverage provided by a policy. For example, a general liability insurance policy may exclude fraud claims or claims for defamation, but the association may be able to purchase umbrella insurance to add this additional coverage.
Coverage Directors
1.Directions: Commercial property coverage insures the covered property against a loss caused by some type of event. This typically includes coverage for a loss resulting from a fire, tornado or similar event. For most condominiums, TUCA obligates the condominium to provide property insurance on the common elements. If the condominium has units stacked on top of other units, TUCA also requires insurance on the units themselves, excluding betterments and improvements installed by the owner.
EDITION
Ingredients: Property Liability & Liability Excess & Umbrella Coverage
4. Fidelity coverage (also known as a fidelity bond) protects the association from a loss resulting from fraudulent acts by select individuals. This can include embezzlement by a treasurer or the association’s property manager. Fidelity coverage typically only covers a loss caused by theft. Associations should review what individuals are covered by the policy to ensure that all individuals with access to association funds are included.
All of the above insurance coverages are important for associations to carry. Most governing documents will require that the association carry, at a minimum, commercial property insurance and general liability insurance. As discussed above, directors and officers coverage not only protects the association but also encourages individuals to volunteer to serve in those positions. Although a theft of association funds can seem unlikely, it does occur, and a fidelity bond can help ensure that a significant theft of funds will not leave the association with insufficient funds to pay for its basic necessities. And, excess and umbrella coverages are typically inexpensive to purchase and can greatly expand the protection afforded by the underlying policies. Each year, associations should review their governing documents and the insurance required thereby, ensure that all such coverage is in place, and then consider whether additional coverage is desired. This recipe for success will help prevent the association from learning at the time of a loss that the insurance in place is insufficient.
3. Directors and officers liability coverage provides coverage for the association’s individual officers and directors for claims arising out of actions taken in the course of performance of their duties as officers and directors. This coverage encourages individuals to serve as officers and directors, as it provides a layer of insulation from liability. This can also help protect the association, as many associations have some obligation to defend and/or indemnify their officers and directors, and having a directors and officers policy will provide a source of funds to the association for that defense/indemnification.
Coverage General
Officers
Commercial
Is
Ensure
18 • CONTACT, Spring 2017 Ensure the pool is in compliance with all city codes (review a City inspection form from a prior year for complete listing)
Are
(aka,
Does
o Work with your vendors (pool, porter, lifeguard/monitor, etc.) to verify whether new service contracts are required, and if so, to ensure they are in place long before the start of the pool season.
Ensure
o Arrange to meet your preferred maintenance vendor on site 2-3 months ahead of pool season to determine work that may be necessary to allow the amenity center to look its best on opening day. This is their area of expertise and their eyes may catch something you might otherwise miss. A few key items to check if available at your community: the building, restroom doors, or fence/gate need power washing and/or painting? Is the pool fencing secure? the furniture in need of replacement? Have it inspected, power washed, and set out for use the week before the pool opens (putting furniture out too far in advance gives folks the impression the pool is open and invites intruders). Order new furniture if necessary. the light fixtures and plumbing in good working order? the pump or store room need to be cleaned out? the pavement slippery when wet and in need of application of a slip resistant product, such as Shark-Grip? 15 Simple Steps to Prevent Your Pool from Looking Like this on Opening Day!)
Is
Are
Does
The following checklist provides a list of important steps to take when preparing for the start of a new pool season at your community association. The better the advance preparations and pro-active communication, the happier your homeowners will be! As is the case with many things, a little extra time invested up front on preparations will greatly reduce the time you have to spend putting out fires all season long.
o If the community has a website, ask the website administrator to enter the anticipated pool opening and closing dates on the website Calendar.
Ensure
(Replace
Splash
POOL CHECKLISTPREPARATIONSEASON
o Ask your pool maintenance contractor to conduct a full safety inspection (meet them on site if possible) to assure the pool will pass any city inspection required to obtain or renew a pool license if one is required by the City or County. The last thing you want to happen is have the city post is a huge neon “Pool Closed” sign on the gate, telling the whole community that you failed in your duties to make sure the pool was code compliant. This inspection should include, at a minimum: pool safety equipment is in place, up to code, and operational first aid kit is on site chemical levels are at proper levels main drain covers are still compliant any legally required signage is posted (such as “No On Duty”, maximum occupancy signage, or in Texas, Pad Rules as required by the Texas Administrative Code) tile depth markers present and legible? when faded)
o Confirm with pool monitor vendor the monitor start and stop dates, and hours to be worked. Provide them with a copy of the Pool Rules for the community so they know the rules they are expected to enforce, as well as what the Board expects of them (i.e., can they swim or smoke on duty, when should they call the police, is there a board member they should call for back up when situations arise, etc.)
o Confirm opening day with your pool maintenance vendor a month in advance so they can switch from the typically reduced off season maintenance schedule to the in-season schedule a couple weeks in advance of opening to assure proper water quality levels on opening day.
Ensure
Lifeguard
Ensure
o As soon as possible, the Board of Directors should establish the Pool Season start and end dates, and indicate any desired policy changes in sufficient time to put them into effect.
RECIPE EDITION Are the emergency phone lines in operable condition? Are the gates in working order? Test with access media to ensure they are functional. Are the pool rules and schedule posted in the pool area legible, or faded due to age and in need of replacement? Has the facility been de-winterized (bathrooms, showers, water fountains, etc.)? o As soon as the weather starts to turn, your residents will want to know when they can start cooling off at the pool. It is never too early to communicate. Prepare a community mailing or email (or both) well in advance of pool season to let owners know all of the pertinent details: Opening and Closing dates for the season and pool hours If applicable, remind them that keys may be deactivated for owners with delinquent accounts Include a copy of the community Pool Rules or use requirements Include instructions on how new owners might obtain a pool key Include any paperwork a homeowner must complete in order to obtain a pool key o Confirm opening day with your janitorial service and coordinate preparations of the facility for the season. Meet them on site to review expectations and determine any necessary preseason prep work. o Check that you have sufficient pool key inventory to satisfy requests for new keys throughout the season to avoid delays in fulfilling requests. Congratulations, you have taken all the precautionary steps to assure your pool is sparkling, code compliant, and your homeowners are happy and carefree to enjoy perhaps the greatest amenity their community has to offer! 19 • CONTACT, Spring 2017
Just because your residents aren’t thinking about what could go wrong during their summer fun and outdoor relaxation doesn’t mean you shouldn’t. It’s important to ask yourself if you’re covering all your bases when it comes to EVERYTHING that the season could bring. With the increased liability exposure, you’ll want to make sure that your properties are covered. Our company knows the importance of a pool phone first hand, and we believe that it is a necessary component to any community pool. If you already have an emergency pool phone on your property, that’s great news! We commend you for taking the necessary safety precautions. However, it doesn’t stop there. Maintenance and testing your phone equipment are also vital, especially during this season. The good news is it can be done in just a few minutes! Here are some helpful hints on what you need to do.
Testing Your Phone: 1. Initiate a call from your emergency pool 2.phone.Tellthe answering operator you are performing a test and ask if they can hear you well.
According to reports compiled by the USA Swimming Foundation, “Ten people drown each day in the United States and it’s the second leading cause of unintentional death for children under the age of 14.”
Founded in 1989, Kings III Emergency Communications is the nation’s only full service provider of emergency communication solutions. With headquarters in Coppell, Texas, Kings III has been delivering peace of mind to its customers nationwide for more than 26 years. The company has installed thousands of emergency phones throughout the United States and Canada. Kings III is fully integrated; not only engineering and manufacturing emergency phones, but also providing one-stopshop solutions that include installation, maintenance, and 24/7 emergency monitoring for emergency help phones utilized at poolside, in elevator, parking areas, stairwells and more. For more information, visit www.kingsiii.com.
3. Ask the operator if they can identify your location. For ADA compliance, the most important requirement is that the emergency operator answering the call must be able to determine the exact location of the caller without the caller telling them. If the operator cannot, the phone is not ADA compliant*.
IMPORTANT TO NOTE: In some instances for phones that are programmed to call direct to 911, a fee may be charged for initiating a phone call for non-emergency purposes if the authority in jurisdiction deems the non-emergency calls occur too frequently. We recommend, where applicable, to utilize automatic self-testing equipment in conjunction with periodic manual tests.
*If the building facility or parking lot was built or renovated after July 1994, any phone(s) installed must meet ADA requirements. Complete ADA regulations may be found at the U.S. Department of Justice website, www.usdoj.gov For questions, concerns or help with your pool phone testing, contact Kings III at marketing@kingsiii.com or 1-800-3935858.
Surprisingly enough, two of the top three states with the largest number of drowning, Florida and California, do not have a pool phone law in place for multifamily housing and public pools. At our firm, we simply ask- What if it were YOUR loved one?
4. If your phone does not work, contact an emergency pool phone specialist as soon as possible to assess the problem and provide a customized solution. If you are a Kings III customer, full maintenance is likely included in your service package, so please do not hesitate to call.
How
20 • CONTACT, Spring 2017
Testing your emergency pool phone equipment regularly helps to ensure that your property is adequately prepared to aid residents when it matters most, during an emergency. When seconds count, you want to make certain that your community and your business are protected because a SAFE pool seasons means it’s a SUCCESSFUL pool season.
A Successful Pool Season Relies on Preparation: to Properly Test Your Emergency Pool Phone
The weather is warming up, and your residents anxiously await the official opening of your community pool. It’s an exciting time for everyone, but unfortunately, sometimes with excitement comes danger, and the success of your pool’s safety is dependent upon your preparation.
Assist association boards in interpreting governing documents
21 • CONTACT, Spring 2017
Association Services Matt Hiebert, AVP/Relationship Manager 469-440-0717 • MHiebert@BBandT.com
Cost effective and creative debt collection methods pursued in accordance with State law which yield measurable results
Making Financing Easy for Condominium and Homeowners Associations
Advise association directors on governance issues Assist association board of directors in enforcing bylaws and covenants Attend association meetings to provide explanations of the association’s rights and responsibilities, to help maintain rules of order, and to address issues of concern to members and directors
Draft proposed revisions to association governing documents to clarify issues of governance Work with the association’s board and management companies in dealing with property owners
Vinay B. Patel - Shareholder vpatel@hoaf.com
Prepare association governing documents
Branch Banking and Trust Company is a Member FDIC and an Equal Housing Lender. Loans are subject to credit approval. Only deposit products are FDIC insured. © 2016, Branch Banking and Trust Company. All rights reserved.
For nearly two decades, Henry, Oddo, Austin & Fletcher, P.C. has provided clients throughout Texas with trusted counsel. Their experience related to homeowners associations is unmatched – providing guidance, leadership and oversight to community associations. Their attorneys have experience resolving disputes and advising homeowners associations on legal issues.
Guidance and Leadership on all Legal Matters related to Community Associations.
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Judd A. Austin, Jr. - Shareholder jaamex@hoaf.com
Active participation and support of Texas Community Association Advocates (TCAA) and Community Associations Institute (CAI) 1700 Paci c Avenue, Suite 2700, Dallas, Texas 75201 | (214) 658-1900 | www.hoaf.com
Managing Pesky Mosquitoes in Your Community to Help Reduce the Spread of Disease
22 • CONTACT, Spring 2017
By Gavin Ferris, Ecologist SOLitude Lake Management
I was on a genealogy website not long ago when I was reading about an ancestor, and this line stuck out to me: “…the first year after his return from the army he was able to do but little work, as he suffered greatly from fever and ague, which he had contracted in the service.” Fever and ague was, at the time, the terminology used to describe what we now call Malaria, and the war in which my ancestor contracted the disease was the American Civil War. He probably was bitten by an infected mosquito somewhere in Virginia. Zika virus is making a lot of news lately, but mosquito-borne diseases are nothing new in the United States. Malaria was common over most of the country up through the 1800s, and wasn’t eradicated here until the early 1950s. Other mosquitoborne diseases such as West Nile Virus, and more recently Chikungunya, are currently carried by mosquitoes in the United States, and can pose a serious threat to public health. Preventing the transmission of mosquito-borne diseases and the other unpleasant consequences of mosquito infestation requires a proactive, multi-pronged approach. It is important to understand the biology of the mosquitoes involved, their behavior, and how environmental conditions contribute to mosquito problems. Different diseases are transmitted by different species of mosquito. These different mosquitoes, in turn, have different ecologies and breeding habitats. For example, the Aedes aegypti mosquito, which is known to carry Zika virus, breeds primarily in small containers. Other species of mosquitoes, by contrast, breed in streams, ponds, and lakes with vegetation. This has important management implications. If the mosquitoes plaguing your neighborhood are container breeding, like the Asian Tiger mosquito, management techniques such as treating a pond for mosquito larvae or stocking fish may be ineffective. Mosquito larvae prefer shallow warmer water, and tend to thrive in stormwater ponds. Cattails and other non-beneficial shoreline vegetation can provide breeding habitat for mosquitoes along the edges of a pond. Maintaining beneficial vegetation such as Pickerelweed and Cardinal Flower, however, can help provide habitat for mosquito predators like dragonflies. With regular maintenance, a buffer of native plants can also be managed to help control erosion without creating breeding pools for mosquitoes. Keeping a pond adequately stocked with an appropriate species of small fish like Fathead minnows or bluegill is the most effective means of controlling any mosquitoes that may be breeding in shallow areas. Circulating the water with a fountain or submersed aeration system also makes the waterbody less hospitable to algae, as does treating the weeds and algae that can create isolated pockets where mosquitoes may be able to reproduce.
Gavin Ferris is an experienced Ecologist with SOLitude Lake Management, a full service lake, pond and fisheries management company. Gavin has a Master’s degree in entomology from the University of Delaware and research experience in fisheries biology, entomology, invasive plant ecology, and nutrient management. Gavin can be reached through the website at www.solitudelakemanagement.com.
With regard to Zika virus, the offending mosquitoes utilize containers for breeding. They are found primarily in a swath of the Southeastern US from South Carolina across to the gulf coast of Texas, but are a growing concern for areas throughout the United States. The best way to prevent their prevalence locally is to limit their breeding habitat. When possible, standing water should be eliminated by clearing up litter, keeping gutters clean, repairing potholes, emptying containers and removing tire piles. Small pools that cannot be reliably kept dry like flower pots, bird baths, and very small stormwater basins can be treated with a bacteria called Bacillus thurengiensis israelensis, commonly abbreviated as Bti. This bacteria produces a toxin that is only harmful to some insects, including mosquitoes.
Aedes aegypti is a container-breeding species of mosquito known to carry Zika virus. To help limit breeding habitat around homes, items that hold water like tires, flower pots and buckets should be thrown out or emptied regularly.
23 • CONTACT, Spring 2017 RECIPE EDITION
For communities, an Integrated Mosquito Management program can further help to prevent disease and keep pesky mosquitoes at bay. Typically, such a program begins with public education. Depending on the species of mosquito in question, they may only be active during certain times of day. Informing the public about ways to avoid exposure to mosquitos and reduce breeding habitat on their property, and promoting the use of repellents can help to mitigate against the risks posed by mosquitos even before control efforts are implemented. An integrated approach to mosquito management also includes surveillance and testing efforts. This typically includes the sampling of breeding habitats for the presence of mosquito larvae, and the use of various types of mosquito traps to determine which species are present and at what densities. Mosquito species capable of transmitting certain diseases can be tested, and areas where the disease is detected can then be made the priority for intensive treatment. Even if you live in an area with low risk of Zika or West Nile virus, mosquitoes are a royal pain that nobody wants to deal with. While mosquitoes are an annoyance and a hazard that we are unlikely to remove entirely from our lives, they can be mitigated against by limiting and managing their breeding habitats. Implementing a proactive and integrated management approach that addresses all aspects of the problem is essential to helping prevent mosquito bites and the transmission of serious disease.
Managing Mosquitoes - Beneficial Buffer and Aeration Maintaining a beneficial vegetative buffer around your pond can help provide habitat for dragonflies, which are natural predators of mosquitoes. Additionally, a fountain or aeration system can help reduce the prevalence of mosquito larvae by keeping water circulating.
The ongoing efforts of TCAA in Austin would not be possible without the continued involvement of TCAA supporters. To get regular updates on TCAA events and activities, visit the official website at www.txcommunityassociationadvocates.org.
Please also consider becoming a supporter of TCAA, which is a non-profit organization and relies solely on supporter contributions. Your support of TCAA is critical to help build and maintain healthy, stable communities across the Lone Star State! - Texas Legislative Session
Texas legislators arrived at the capitol this year to a gloomy economic forecast from State Comptroller Glenn Hegar, who announced that the Legislature has several billion dollars less in state general revenue to spend this session than they did last session. The generally sluggish economy, declining sales tax receipts, and low oil prices are the main reasons the state revenue estimate was so low. Despite the tight budget, the number of bills filed by lawmakers is setting new records. In the “pre-filing” period between last November’s election and the first day of the legislative session in early January of this year, nearly 1,500 bills and resolutions were filed. That large volume continued through the March 10 deadline for filing bills, with over 5,000 bills being submitted for consideration. Those numbers represent a 20-30 percent increase over previous sessions. The TCAA advocacy team has been busy combing through the proposed legislation and analyzing the bills for their potential impact on community associations. Each filed bill is referred to the appropriate House or Senate committee, and a few committees are of particular interest to TCAA and community associations. The Committee on Business & Industry will be the House committee that hears most substantive bills addressing community and homeowner association issues. That committee features the same chairman as last session, Representative Rene Oliveira from Brownsville. During the interim since last session, the House Committee on Business & Industry studied community association issues at the request of House Speaker Joe Straus, specifically the issue of late fees and attorney’s fees being added to penalties imposed by associations, in some cases resulting in significant homeowner expenses and debt. There has been legislation filed on that issue, and TCAA is closely monitoring those bills. Other hot button issues this session include regulation of homeowner religious displays, regulation of handgun possession within neighborhoods, and procedural and administrative matters related to the operation and management of property associations. On the Senate side, the key committees for community association issues are likely to once again be the Intergovernmental Relations Committee, chaired by Senator Eddie Lucio, Jr. from Brownsville, and the Business & Commerce Committee, chaired by the newly appointed Senator Kelly Hancock from North Richland Hills, near Fort Worth.
TCAA
Overview March 2017 24 • CONTACT, Spring 2017
A big part of TCAA’s function at the capitol is to develop a good working relationship with the chairs and members of these committees, and all TCAA supporters are encouraged to contact TCAA leadership if they have a personal or professional relationship with any legislator. As part of building those relationships, TCAA supporters from across the state converged on Austin on March 28, 2017, for the TCAA Capitol Rally Day. This biannual event is designed to share the TCAA message with legislators and allow individuals to show support for their local community associations. These personal visits to the capitol are invaluable in advancing the TCAA cause, as they allow legislators to hear directly from their own constituents.
The Texas Legislature returned to Austin on January 10, 2017, to begin their 85th Regular Legislative Session. A regular legislative session in Texas convenes only in January of oddnumbered years and lasts only 140 days, which guarantees a frantic pace and heightened sense of urgency among legislators and stakeholders. During this time, the board members and advocates at Texas Community Association Advocates (TCAA) are working hard to ensure that Texas community associations function properly for the benefit of all residents, that property values are protected, and that community associations are well governed and properly managed to serve homeowners across the state. TCAA is proud to be the policy voice of community associations and the professionals that serve them, and looks forward to working with its supporters across the state to find common ground with lawmakers.
25 • CONTACT, Spring 2017
26 • CONTACT, Spring 2017 Lake Management Services, LP is Texas’ oldest and largest lake management company. Our founder, Mac McCune, started the business over 36 years ago. In that amount of time we have amassed quite the collection of customers, experiences, and assets to assist you at your Association. Not to mention the 13 biologists (6 universities represented) on staff and 22 (and growing) Texas Dept. of Agriculture certified pesticide applicators to handle your aquatic weed issues. We are also the nation’s largest Otterbine Fountain distributor, with all of our branch locations set up to make fountain repairs by our 20 factory certified technicians. In addition to having biologists, we also have a former large scale master planned community manager that can assist you and your Boards on strategic planning, reserve studies / evaluations, budgeting and aquatic related customer service (internal and external). We pride ourselves in being as fiscally responsible with your Association’s money and treating it as if we were paying the assessment too. We strive to be the best at communication, because if a Manager has the current info at their disposal, a resident or Board Member’s concerns reduce when you can answer their questions as they are presented. “There is a difference between maintenance and management”… Lake Management Services can show you how.
Prolong Pond Dredging and Save Your Community Money.
RECIPE EDITION
Restoring Balance. Enhancing Beauty. 888.480.LAKE • solitudelakemanagement.comLearnhowhydro-rakingcanhelp
prolong or prevent the need for dredging: www.solitudelakemanagement.com/hydro-rake
Financing subject to credit and collateral approval. Other restrictions may apply. Terms and conditions subject to change.
27 • CONTACT, Spring 2017
Banking solutions to help your communities thrive Rich Rayburn, CMCA® Regional Account Executive rich.rayburn@unionbank.com972-342-2129
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.
For a full list of our superior service offerings, visit www.solitudelakemanagement.com/services
At Union Bank®, we o er customized banking and lending solutions to meet the unique needs of the community association industry. With over 25 years of experience, our specialized HOA team applies their in-depth knowledge to help support and grow your business. Learn how we simplify banking and the financing of your projects at HOAbankservices.com.©2016MUFGUnionBank, N.A. All rights reserved. Member FDIC. Union Bank is a registered trademark and brand name of MUFG Union Bank, N.A.
North Fort Worth-Arlington, TX
28 • CONTACT, Spring 2017 PAINTING. QUALITY. PEACE OF MIND.
Jon Ragsdale
frisco-denton.certapro.com972-632-1126
Rich Freddo Lewisville/Flower Mound, TX lewisville.certapro.com972-280-0608
Clark Penfold Central Dallas, TX central-dallas.certapro.com214-796-1379
Each CertaPro Painters® business is independently owned and operated. Lic# 00000 We Do Painting. You Do Life.™
Don Lenehan Richardson, richardson.certapro.com972-561-0183TX
Tyler & Tammy Mancuso
Arlington/Mansfield, TX south-arlington-tx.certapro.com469-672-5159
Kevin Adkins
CedarHill-Seagoville, TX CedarHill-Seagoville@certapro.com972-349-9519
Gary & Tina Barton
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the requirements of your property or business, consider CertaPro Painters® as part of your capital improvement plan.
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Terry Plemons Southlake, southlake.certapro.com817-377-9018TX
Jerry Baker Plano, plano.certapro.com972-208-8500TX
29 • CONTACT, Spring 2017 RECIPE EDITION
Mark LantanaNortonCommunity Manager Insight Association Management
Earth Day is a big springtime event in Lantana as the Fresh Water Supply District, the Denton County Sheriffs’ Department, the Lantana Community Association, Insight Association Management staff and a host of others come together to provide residents with the opportunity to dispose of things like bulk trash, hazardous home waste, old prescriptions and electronics.
vendors come out to provide residents with tips and ideas on how they can make their home and yard greener as well as give demonstrations on the latest green products. Sponsor dollars are raised at the event and the money is used to plant additional trees in the Community.
Most Community events and social gatherings held in Communities across North Texas are organized and put on by the Homeowners Association or their management company. But sometimes, multiple parties can come together, each doing their part to put on a successful event. One such event happens every Spring in the Lantana Community, Earth Day.
The event also provides an opportunity for residents to have documents Additionally,shredded.
An Age Old Recipe for Success
he potluck….the American tradition that originated during the Great Depression. An event where guests are each expected to bring a dish that contributes to a communal meal. The success of the potluck hinges on everyone doing their part to create a delicious cohesive meal.
The Potluck
An event like this would not be possible, or as successful if it weren’t for the many entities involved, each doing their part to help out the Community. So, make sure you are reaching out to other parties involved in your community for opportunities to work together to make a difference. Your local municipality, police department, fire department or other civic organizations in your area are great places to start. Building stronger communities, one pot luck at a time.
T
By Tonya Martin, Community ExcelConsultantAssociation Management
Successful managers know their properties. They know how many homes there are, the amenities (if any), desires of the membership, assessments, general financial positions, and so forth. They know the key players and personalities. And they communicate regularly with all the parties. This is VERY important. It doesn’t matter how well a manager knows a property – if they do not communicate that knowledge to those in need of the knowledge, it is all for naught.
CRITICAL for managers to quickly and efficiently communicate all BOARD concerns to vendor partners so they can be addressed in a timely manner. Everyone is concerned about contracts. Boards do not traditionally like the stress of contract turnover. Managers do not like going out to bid frequently because of the extra work and stress it creates on vendor partner relationships they have cultivated. And Vendor Partners do not like losing contracts or being threatened with a lost contract, preferring to focus time and energy on improving functions and features than proving worth. That brings us to Boards. Are there successful Boards or are they only a myth? Personally, I have had the privilege of working with many successful Boards. Of course, with that come the Boards that have been less than successful. What do I consider a successful Board? For starters, Boards I believe have been successful are Boards with members the homeowners do NOT wish to replace. Don’t confuse this, however, with apathy. I have had Annual Meetings with 90% of the ownership in attendance either in person or proxy (yes, 90%), with a lawsuit underway and things going wrong, but no one wanted the Board members replaced because they were handling the lawsuit and other maintenance issues with grace and with the best interests of the community in mind. Some Boards point to lack of attendance at Annual Meetings and say the homeowners are happy. They is not always the case. These are not always successful Boards. Often these are cases of community members who are in fear of retribution from homeowners that have been on the Board for years and abuse their position of power if someone dares speak out against what they are doing (or not doing). A sign this could be the case is infrequent correspondence with the community. In this day of technology, managers can surely send email blasts to the community regarding any little update desired. If the Board is loathe to send out updates, you may have an unsuccessful InBoard…theend, it seems in the management industry, the biggest key to success – in my humble opinion – is communication. When we all communicate with each other – Board – Vendor Partner – Manager – we are ALL successful.
The Vendor Partners all communicate with one another, too. Internally, they must be successful in knowing the products and/ or services they can offer as well as their limitations. If the sales person for a landscape company tells a client they will handpick weeds but the company does not offer weed-pulling service, there is going to be an unhappy client, resulting in an unhappy manager, resulting in lost contracts, maybe for everyone Itinvolved.is
30 • CONTACT, Spring 2017
EqualsCommunicationSuccess
Ask any person to define success and you are bound to get countless responses. Most people define success as having attained some degree of wealth. Others define success as having health or happiness. I believe it was the Dali Lama who once said to achieve true happiness one must first imagine complete failure or devastation because once one imagines that, one can appreciate what they have while they have it. It seems like a backwards way of looking at the world, but when you are in the middle of crisis, remember these words and things will suddenly look up as you remember all the successes you have had. So what makes a manager successful? And what makes a vendor partner successful? And is there such thing as a successful Board? I submit to you, we can ALL be successful if we work Itogether.havehad the honor of working with some of the most amazing and successful managers. While we all may define a successful manager differently, I define them as someone that obtains the respect of their colleagues, vendor partners, Board members, and homeowners, while juggling all the hats we wear as Successfulmanagers. managers know their documents. They may not be able to cite them verbatim. No. They know where those answers are located and can whip them open in 30 seconds time. (Of course, on-site managers have an advantage over portfolio managers and often have the ability to cite sections of the documents because they have only one set that they have been through so many times, it is like a teenaged girl’s first Silhouette Romance Novel.)
Successful managers also know their vendor partners. Together they make BEAUTIFUL music – or sound like moose in heat. Not a pretty sound unless you are hunting them… Better analogy: if they don’t work well together they sound like a junior high school orchestra playing Beethoven. YUCK! (I once tried to play the violin. The police were called. It was all very funny for everyone except me…) When managers and vendor partners communicate well, the client is happy. The manager is treated with respect by the Board. The vendor partner is treated with respect by the community. Everyone is happy. SUCCESS! And it is all brought to you through communications.
31 • CONTACT, Spring 2017 RECIPE EDITION
For the last several years we have been giving notice to our C-3 clients to make room for more A-1 clients, which has made our work life so much more enjoyable. Higher rated clients are more pleasant to interact with and more rewarding to serve, as their communities are well maintained and their residents tend to be happier. You will not be surprised to learn that many of our former C-3 associations were comprised of a significant number of rental properties and some investor board members, with a focus on cost control, not Thisquality.recipewill work for anyone providing service to others: attorneys, contractors, insurance agents, landscapers and valet companies come to mind. Worth Ross Worth Ross Management, co. Inc. AAMC
Recipe for Success
32 • CONTACT, Spring 2017 There are so many great ingredients that can make up a successful recipe, but one of my favorites is our HOA rating system. Each year we conduct an internal review of our clients and rate them as A, B or C and 1, 2 or 3, based on a series of questions. Below are a couple of examples: Do they accept and value our advice? A. Accept advice and work to be greater communities B. Mostly take our advice and want to be better communities C. Seldom listen to our advice and just want to get by Do they budget wisely and plan for 1.reserves?Budget wisely with proper contingencies and fully fund reserves 2. Able to keep the lights on and place a little money in reserves 3. Are not able to pay bills and frequently borrow from reserves
Brian Cameron knows better. “I was the first resident of The Oaks,” he said. “For eighteen years I served on the board, most recently as treasurer. I have been president as well.” As recently as 2007, all was not well in paradise.
Reserves is a professional engineering consulting company that provides Reserve budget and disclosure solutions for Association-governed communities of all shapes and sizes. Established in 1986, we serve clients throughout the United States and the world. We perform approximately 4,000 Reserve Studies each year, from regional offices staffed specifically for this unique field. Our clients include condominiums, co-ops, homeowners’ associations, planned unit developments, and property owner associations, with construction styles that range from single family dwellings to townhouses and hi-rises. We also serve the needs of Timeshares & Fractionals as well as Worship Facilities.
The Oaks at Calabasas HOA continues to benefit from regular Reserve Studies, and from its relationship with Association Reserves. Laura Thaller, the current general manager, says that the Reserve Studies “absolutely do play a role” in building trust and harmony in the HOA. “I’ve learned how to evaluate the Reserve Study and explain it to others. If homeowners aren’t asking questions, they are happy.” When questions do arise, Thaller relies on the Reserve Study to explain fees set by the Board. “Robert does all of the formulas and detail work. Together we do a whole walk-through every year. Robert has had a long history with this community. He’s spent a lot of time on the phone explaining things. He’s very accessible, quick to return phone calls, available to us. That makes a big different when a homeowner wants to know how we arrived at the fees we’re charging.”
THE OAKS AT CALABASAS: CASE STUDY by Dan Hotchkiss Dan Hotchkiss Consulting Submitted by Association Reserves HOW RESERVE STUDIES HELPED OUR BOTTOM LINE
“In the year following the transition from developer control of the common areas to HOA control,” Cameron recalls, “I came back onto the board and looked at the financial statements. Our reserves had dropped $400,000 in 2006 to just $40,000 at the end of 2007. The board had dipped into reserves for operating purposes. You are allowed to do that, but you are supposed to notify the homeowners, and you have to have a plan.” The Oaks at Calabasas was a mess. Fortunately, The Oaks had worked for several years with Association Reserves, Inc. “They helped us to create a plan,” says Cameron, “The first thing we did was try to determine how much money we would need short term, whether we had sufficient capital in that $40,000 to cover it. The Reserve Study shows an expected remaining lifetime for each capital component. We went back to them and said, ‘This year it says we should replace the sidewalks. Can we in fact delay that expense, and what effect will that have on future costs?’” Among its residents, The Oaks has attorneys, accountants, and management professionals. But skill and talent—as too many HOAs have learned to their regret—is not enough. To get agreement on a plan, there is no substitute for an objective, outside voice. “Our Reserve Study gave us hard data,” Cameron remembers. “I put together a task force, and our Reserve Study helped them to get us back on track.” It took some time to disentangle all that had gone wrong. The previous HOA president had misallocated funds and overpaid for service contracts, all without approval from the Board. Most seriously, he had approved an agreement with four homeowners (including himself) giving them exclusive access to the roadway connecting to their homes, for a monthly fee of only $11 per homeowner. After commissioning a special Reserve Study of costs specifically related to the disputed roadway, the newly constituted HOA Board raised the fee to $164. The homeowners sued the HOA, which called on Robert Nordlund, founder and CEO of Association Reserves, to testify in its behalf. The trial court decided in the HOA’s favor. The appeals court affirmed the decision, noting that Nordlund “testified at length concerning the basis for his opinion that the correct assessment was $163.98, including describing the methodology and database he used to arrive at his estimates.”
Most visitors to The Oaks at Calabasas see a lot to envy: graceful homes, beautifully maintained roads, lush landscaping, and well-heeled residents including film and television stars. With so much to like, it’s easy to imagine luxury is all the gated Southern California community has ever known.
33 • CONTACT, Spring 2017 RECIPE EDITION
The HOA was glad it had enlisted Robert Nordlund and Association Reserves to support its position. “Robert performed magnificently,” Cameron remembers. “He was able to articulate the source of the charges in such a way that the judge was nodding and convinced we had done everything properly. We were even able to collect our legal expenses.”
The Oaks at Calabasas enjoys advantages not every HOA can match: affluent homeowners, rising prices, and spectacular views. But The Oaks is not immune to conflict or mismanagement. After its crisis, its HOA rebuilt homeowner trust through responsible Board governance and sound management, supported by facts, analysis, and explanations from its trusted partners at Association AssociationReserves.
• Report any suspicious activity. Something that sets safe neighborhoods apart from unsafe neighborhoods is people’s willingness to act. If you see something suspicious, don’t assume someone else will take action. Contact the police or your neighborhood watch group yourself.
• Organize community improvement projects. These can be as simple as picking up trash at a local park or playground or painting a mural over graffiti. Areas where residents are actively working together to improve the community’s appearance and quality of life are less attractive targets for criminals and vandals, who tend to prefer the path of least resistance.
• Get involved in the community. Volunteer as a teen mentor or tutor. Help organize a food or clothes drive. See if any senior citizens in the area need extra assistance. Community service establishes ties between neighbors, businesses, and local groups and organizations, ultimately building a closer-knit community where people feel connected and safe.
SECURING KNOWLEDGE
Community Crime Prevention
• Start teen organizations in the community. Create groups where teens can interact safely with one another, explore their interests, share their problems, and participate in organized activities. Sports teams, hobby clubs, and study groups are just a few examples of organizations that can help keep teens out of trouble and channel their energy into productive pursuits.
34 • CONTACT, Spring 2017
Neighborhood crime reduces property values, hurts local businesses, breeds fear in residents, and stretches law enforcement resources thin. Approaching crime prevention as a group effort is the key to successfully implementing positive changes in your community. Below are some strategies that can help strengthen your community against crime.
• Start neighborhood/community watch groups. Watch groups play an important role in crime prevention. Watch group members serve as extra eyes and ears for the police by keeping a protective lookout over neighboring homes, businesses, and public areas and reporting suspicious activity to authorities.
• Make people aware. Establish a means of informing residents when crime occurs in the area, such as an automated email or phone message system. The more residents know, the more help they can provide to police, and the more vigilant they can be in protecting themselves. Knowledge increases safety.
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35 • CONTACT, Spring 2017 All of our studies nowForeSiteinclude™ Serving you from our new Texas office. (800) 221-9882 Robert M. Blend 14131 Midway Road Suite Addison1240TX 75001 Phone: 972-233-1900 Fax: 972-233-1910 rblend@blendfirm.com www.blendfirm.com RECIPE EDITION USA Rev. www.ussecurityassociates.com09-15 • info@ussecurityassociates.com • 866-735-9418 or 770-625-1500 California License # PPO 10116. byLicensedtheNew York State Department of State.
• Plan personal recruitment efforts through one-on-one appeals and at every membership event where recruitment handouts are always available.
• Hand out bags of potato chips that say “Chip in to help the Landscape Committee the first Monday of every month!”
As the community’s first cheerleader, your responsibilities may include drafting committee charters with volunteer input that address a real purpose, real responsibilities, and a detailed organization including reporting, leadership (picking the right chairman is crucial), number and required skills of members, frequency and location of meetings, minutes, board liaison and approval process for expenditures. Committees are not for the gadfly you think you can stifle – it’s for legitimate, needed work to improve and advance the community – and foster community spirit!
How do you appeal to residents’ volunteer instincts?
• Create catchy, positive, exciting and motivating recruitment material such as a YouTube video and upbeat handouts that describe each committee and the ideal committee member (necessary skills or talents, specific job description). Always include a sign-up sheet.
Sometimesinformation.it may be relatively easy to attract volunteers but much harder to keep their interest and participation. Here are some suggestions for keeping volunteers happy and involved:
• Update email and cell phone lists of every household member at every event to provide no-cost (and controlled frequency) communications and information about committee activities. Send out monthly postcard updates – they’re cheaper than envelopes and have a better chance of being read.
• Budget for volunteer education and training specific to their role, such as CAI’s Board Tool Kit and webinars and classes on maintenance, landscaping, budgeting and •insurance.Postpictures on the association’s website and in newsletters and other communications of happy volunteers having fun in their committee and with their events and projects.
—CLIFFORD TREESE, CPCU, ARM, CIRMS and community association guru So,extraordinairehowcanan association nurture community spirit? Through its volunteers! This article will offer a few thoughts on how to encourage volunteerism and some ideas on fostering community spirit.
• Find out what makes them tick. Are they interested in networking? Meeting their neighbors? Making new friends? Improving their resume? Working for the “greater good”? Giving back? Craft your appeal to hone in on specific personal, professional and emotional needs.
• At the community’s entrance(s), hand out bags of popcorn that say, “Pop into the clubhouse every third Thursday for the Social Committee meeting!”
• On Valentine’s Day, distribute bagged or boxed candy hearts that say “Love your association – join the Board!”
• Hold volunteer get-togethers with meals/snacks/barbecue – fun!
First, the basics. If you’re a manager fortunate enough to work with a developer when the community is but a gleam in his or her eye, you’ve got the potential to cultivate the community spirit from the very beginning. It may take some persuasion, but convincing the developer that committees composed of volunteers help the community succeed, resulting in quicker sales and happy residents who encourage family and friends to join them, is a win-win for everyone.
• Charter a Welcome Committee with contagiously enthusiastic members who encourage new residents to join a committee.
• Enthrall children in the community through conservation challenges or protecting the newly-planted saplings (kids are great about engaging their parents in their efforts).
36 • CONTACT, Spring 2017
• Ensure that your website is mobilefriendly so residents can access the calendar of events and committee
• Purchase logo material and apparel (your association DOES have a logo, right?) that’s free for volunteers.
“Common areas do not automatically create a sense of community. Nurturing the community spirit is probably the greatest challenge facing community associations today.”
• Recognize volunteers at every opportunity. Give credit every time there’s an audience. Showcase a volunteer in every newsletter and on the website. Acknowledge committees and committee members in newsletters, minutes and member correspondence.
• Set reasonable workloads and •deadlines.Cancel unnecessary meetings and disband superfluous committees. The true value of someone’s time and talents are measured by the sense of fulfillment and accomplishment they feel when they know that their work has been worthwhile. Treat volunteers with the respect, kindness and appreciation they deserve. They are the lifeblood of community associations – they help accomplish work of the association but also establish values and priorities of the membership. The more effective and committed our volunteers, the more successful the community will be and the happier the members. The more positive their experience as a volunteer, the better chance they’ll continue to serve. Volunteers will also prove invaluable in recruiting other volunteers. So, go forth and recruit, welcoming those volunteers and expressing your appreciation at every opportunity.
• Provide a comfortable, safe, welcoming, encouraging, appreciative environment.
• Provide snacks and non-alcoholic beverages at meetings.
• Encourage creative thinking and collaboration.
• Create and maintain a photo album or scrapbook highlighting volunteer projects and successes.
• Heartfelt, genuine hand-written thankyou notes are always appreciated.
• Install brick pavers honoring specific •volunteersHoldan annual Volunteer Appreciation Dinner/Barbecue/Lunch with spouses and •families.Askfor a Mayoral Proclamation recognizing a particular volunteer or •committee.Recognize a “Volunteer of the Year”.
President and CEO of CADRExperts (Community Association Dispute Resolution Experts) providing professional developer transition specialists, expert witnesses and dispute resolvers, Margey was twice named CAI’s Educator of the Year and was honored with the 2014 Outstanding Volunteer Service Award. She is a nationally-recognized community association educator, speaker, advocate and author.
• The committee chair is prepared, organized, focused, warm, kind, friendly, helpful and welcoming, assigning responsibilities to the members instead of doing everything himself or herself. Meetings are as short as possible while still being productwive.
• Ask contractors and vendors to contribute gift cards and other tokens of •appreciation.Thecommittee chair and board president should regularly communicate with and encourage volunteers so there’s no disconnect between the board and the committees’ goals. They should also attend committee meetings occasionally to personally thank the volunteers.
37 • CONTACT, Spring 20176 RECIPE EDITION
• Volunteers recognize leadership opportunities – first serve on the committee, then chair the committee, then serve on the board, then preside over the •board.Board members are committee liaisons, not committee chairs, to allow for the incubation of future leaders.
• Shortly after the annual meeting, hold an organization meeting of the board and committee chairs to familiarize everyone with the community’s mission statement, progress and challenges and to brainstorm new goals and objectives.
• Allow each committee chair to present a 3 – 5 minute “committee in review” at the annual meeting or in the annual meeting handout, listing all the committee members.
• Surprise them with chocolates, a bag of sweets or an edible arrangement.
• Present “This is Your Life” for a longterm volunteer.
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39 • CONTACT, Spring 2017 800.992.4384 | EmailUs@AssociationVoice.com www.AssociationVoice.com 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 rsthand the easier your website the more they’ll use it, and the easier your life will become. Community Management life can be hard That’s why AssociationVoiceWeb sites are easy. RECIPE EDITION
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Renewed Members
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44 • CONTACT, Spring 2017 2017UPCOMINGEVENTS
May June July M203 - Community Leadership Learn how to work with leaders to achieve goals and set a positive tone for the community Thurs., April 6, 2017 8:30 am - 5:30 pm Fri., April 7, 2017 8:30 am - Noon 1.5 days total DoubleTree Dallas - Campbell Centre 8250 N. Central Expwy. Dallas, TX 75206 (214)691-8700 April Members Luncheon Wednesday, April 12 From 11:30am - 1:00pm at The Brookhaven Country Club 2017 DFW/CAI Annual Golf Tournament Please join us on April 17, 2017 for the 2017 Annual Dallas / Ft. Worth Community Associations Institute Golf Tournament! This year’s tournament will be back at the beautiful Hackberry Creek County Club in Irving, TX 2017 Annual Conference & Exposition Wednesday, May 3Saturday, May 6 All Day Event Cesar’s Palace | 3570 S Las Vegas Blvd | Las Vegas, NV 89109 2017 May LuncheonMembers Wednesday, May 10 From 11:30am - 1:00pm at The Brookhaven Country Club PMDP M-201 Course: ManagementFacilities Thursday, July 20Friday, July 21 All Day Event DoubleTree Dallas-Campbell Centre | 8250 N. Central Expy. | High Rise Manager’s Forum Friday, June 2, 2017 Place: TBD
April
45 • CONTACT, Spring 2017 RECIPE EDITION
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