Summer 2017 CONTACTCommunity Digital www.dfwcai.orgEdition A Resource For Homeowners Associations, Condominiums, Townhomes, and Cooperatives FeaturingMaintenance Matters: Your Roof Doesn’t Have a ‘Check Engine’ Light! Summer Safety Getting in the Game and Getting Out of It: The Art of Transitioning In (or Out) a Community Into Your Management Company
1• CONTACT, SUMMER 2017 GAME DAY EDITION 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?
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 on -
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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 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 should not be regarded as affecting the validity of any trademark or service mark.3
• CONTACT, Spring 2015 CONTACTCommunity EDITIONDAYGAMEPREPARATION FOR THE BIG GAME! a reserve study by Alan Ruth, RS, PRA; Lone Star Reserve Studies Maintenance Matters: Your Roof Doesn’t Have a Engine’‘CheckLight! by Sherri Schermerhorn; Aspenmark Roofing & Solar Summer Safety by Alicia Lee; Globus Management Group Getting In the Game and Getting Out of It: The Art of Transitioning In (or Out) a Community Into Your Management Company by Karen Palmer, CMCA®, AMS®, PCAM® & Betty Crudden, CMCA®, AMS®, PCAM®; SBB Management Company, AAMC Do YOU Have an EmergencyGamePlan by Allie Lewis; Kings III 181612108 Does Your Brand Stand Out? by Jim LaRue & Kimberly Pickering; Allegra Printing Observations About HOA Lawsuits from a Litigator’s Perspective by Michael G. Oddo; Henry Oddo Austin & Fletcher, YouP.C. Need a Player-Coach in Your Corner When Facing a Construction Defect byActionPatBentel; Board Member Hydrographic Surveys fo Dredging, Planning, Execution, and Verification by Trent Lewis; PondMedics Inc. Bringing Safety to Pool Day by Matt Fitterer; Pool Referees Help the Board Make Good Insurance Decisions by Tony Diaz III, CMCA; Worth Ross Management CommunicationCompany and the End Zone by Michelle Collett; South River Restoration Securing Knowledge; Hot Weather bySafetyU.S.Security Associates Home Improvement Projects on a byBudgetRBFCU Bank Is Your Playground Designed for Your Specific Needs? by Butch DeFillippo; PlaySafe, LLC Winning - It’s About the Journey and the Result by Shawna D. Dalrymple Your Playbook to Run a Productive Homeowners Association Board Meeting by Rob Koop, AMS®,CMCA®, PCAM®; CMA Management, Inc. 464442393836343226252220
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5• CONTACT, SUMMER 2017 GAME DAY EDITION
I hope you enjoy this excellent quarterly magazine brought to you by your fantastic volunteers on the Magazine Committee: Betty Crudden Chris Broach Alicia Lee Mark
DIRECTORS Sherri Schmoekel, PCAM SBB Management, Company, Michaels.schmoekel@sbbmanagement.comAAMCJ.Walker,CMCABridlewoodHomeownersAssociationmicwalk@tx.rr.comAnneBernhardtParkTowersCondominiumAssociationanneb972@gmail.comElleLarkinAllianceAssociationBankelarkin@allianceassociationbank.com
James Dallas, TX 75244-3601 (972) www.dfwcai.org246-3540 office@dfwcai.org
2017 BOARD OF MANAGEMENTDIRECTORS
Nicholson, Chapter Executive Director DFW Community Associations Institute 14070 Proton Road, Suite 100
Hopefully you were able to attend the TCAA legislative update on June 28th. A big Thank You goes out to Fred Shapiro, PCAM and Judd Austin, Esq. for informing the attendees of the bills passed by the legislature and the one TCAA had a hand in stopping. Like the DFW chapter of CAI, TCAA is totally dependent on volunteers. Whether you are volunteering out in your local community or here in our DFW CAI chapter, volunteering is fun and contagious! It gives you a chance to meet and socialize with new people, hone your industry skills, become a better leader, work towards accomplishing a specific goal, and strengthen your community. I remember back in my college days, I volunteered at the local YMCA pool to teach special needs students how to swim if they were to ever fall into water. After four weeks of working with one of my students, Tommy, he was able to successfully dog paddle to the opposite side of the pool. Tommy was so proud and excited when he accomplished his goal. However, I truly believe that Tommy taught me much more than I taught him. He taught me perseverance, patience, and understanding the needs of others. I still use those skills every day. Like me, you might just find that the rewards of volunteering far outweigh the time you could have spent doing something else. Volunteering is a great way to help out the community that has provided you with resources and support. Offering your time and talent is one of the most generous donations you can make to your community. No one can do exactly what you can do and by coming together and leveraging our strengths we can do a whole lot of GOOD. The volunteer spirit of our DFW CAI members is wonderful and it directly translates into the growth and success of our chapter.
PRESIDENT Worth W. Ross, CMCA, AMS Worth Ross Management Company, AAMC worth@worthross.com
VICE PRESIDENT Bruce Crawford, AMS, PCAM Insight Association Management, AAMC bcrawford@insightam.com
SECRETARY Shawna Dalrymple Roberts Markel Weinberg Butler Hailey, PC sdalrymple@rmwbhlaw.com
TREASURER Kevin CavanaughCavanaughandCompany, kcavanaugh@cavanaughcpas.comPLLC
PRESIDENT-ELECT Robin ReconstructionAndersonExperts, Inc. robina@reconexp.com
MarkSteveRichardNortonHamiltonSumnersyourcalendars
right now: Wednesday, September 27, 8:00 AM - 4:00 PM for “GAME DAY” - the 2017 CAI expo! And as always, if there is anything I can do to improve your experience with the DFW CAI, please do not hesitate to reach out to me or your volunteer board members.
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
GAME DAY EDITION
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6 • CONTACT, SUMMER 2017 2017 ANNUAL SPONSORS SUPER SPONSORS Benson, Kerrane, Storz, & Nelson, PC Kings III Emergency Communications Lake Management Services
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EDUCATION SPONSORS Excel Association Management, Inc., AAMC - 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.
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Reserve Study Frequency Full Reserve Study
• A specific measurement of the current reserve balance’s adequacy.
• An “adequate” funding amount for the budget.
A reserve study provides very specific information for the Team and the Quarterback to utilize as their due diligence, acting in an informed manner, making financial decisions. The reserve study will provide the entire Team:
• Component quantities • Maintenance evaluation •
The Reserve category of the Operating account includes an itemization of long-term payments necessary for items not addressed specifically in the annual operating budget.
• A maintenance schedule.
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• An “adequate” current reserve balance.
The “Full Reserve Study”, “Type I”, is the most time-consuming study of the types of reserve studies association, thus the costliest. The full reserve study includes: Visit evaluation Financial Evaluation Funding Plan • Report production
•
• Site
The Full Reserve Study is usually redone every five years. Components change, or are eliminated and new problem areas may appear. The Full Reserve Study is recommended more frequently for communities that are large, older or using reserve funds on a frequent basis. The best time to do a reserve study is immediately after a financial audit by the CPA, when financial have been adjusted for accuracy.
Updated Reserve Study
In this case the homeowners can easily pay for their use of the pool plaster by funding approximately only a $1.00 per month Reserve payment with their normal assessment. That is called reserve funding. The alternative would be a special assessment, of over $120.00 to each homeowner. (Possible RED Flag by the Homeowners.) (Return on investment, income tax and inflation not used in these calculations.) Identifying your major components and planning for the refurbishment or replacement over their life spans makes the financial part of the process seamless to the owners and preserves the community in a well-maintained condition. Thus, maintaining homeowner property values.
• An inventory of all components with cost and expected lives.
Operating and Reserve Funds
The Operating account provides budgeted assessments allowing the association to pay for the day to day operation of the HOA. Payments from the operating account are allocated to many areas to keep the association working such as management, utilities, maintenance, taxes and reserve account funding.
The Updated Reserve Study, Type III, (without a site visit), is a good way of maintaining a more accurate picture of the reserves for the community. The Type III updated reserve study includes all items as above except the site visit’s items. This reserve study update should be done annually for most larger communities and older communities. The average cost of a Type III Updated Reserve Study is sometimes provided free, or for a small cost, to most communities. The winning Team and their superstar Quarterback are always planning and preparing to be Winners for their homeowners!
By Alan Ruth, RS, PRA Lone Star Reserve Studies
• Funding plan for each year going forward for 30 years never going below zero.
• Component inventory • Component
The Reserve Concept Reserve Funding Owners paying a little towards the reserve account for future repairs every time they pay their normal monthly assessments is the most reasonable. Paying as you go, allows all owners to pay for their portion of use and enjoyment. If there were several owners for the same property, each owner would have paid their portion of use and enjoyment. This will earn the team a few extra touch downs with homeowners compared to a special Letassessment.usassume there is a community with a small community pool which will need to be re-plastered after 10 years of use. Let’s also assume after 10 years the re-plaster will cost $12,000.00, in round numbers. This would require the community to fund $1,200.00 per year to have enough cash available for the pending $12,000.00 repair. This is a high-priced item for the community. Now, let us assume there are 100 homes to divide the cost which pay their regular assessments once a month. a reserve study
We have plenty of Money! Has the Quarterback ever heard a team member say in the huddle? “Why should we pay for a reserve study? We have
Just as the Team has the fiduciary responsibility to over-see and fund the every-day activities, it is also their fiduciary responsibility to assure funds are available for long term and larger scale projects and repairs. Once the half time is over, the team is facing a 4th quarter with either adequate reserve funds or a special assessment for the homeowners to pay. A yellow flag is possible!
The Team must also create and accept an annual budget as their play book, based on actual operating expenses of the last year; they must also provide a playbook for the large-scale projects and long-term repairs. The reserve study takes an active look at these items to include comparable examples as to building exteriors, roof replacement, pool plaster refurbishment, road resurfacing and pool furniture.
plenty of money set aside for a rainy day. It will be years before we need to worry about the replacement or repair of our common Team components.” This statement is very common with many HOA communities. The only response we can have to that point of view is “Really? Plenty of money? Years away?”
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OK, how do you know “plenty of money” is adequate? If major refurbishment and replacement is “years” away how do you know the number of years and if the continued funding will be will bring the reserve balance to what is needed years away, without a special assessment? How were the reserve assumptions made? Maybe the Team will need to sit out this next quarter and consider the rules.
Pre-Game Preparing for the BIG game of operating a Homeowner’s Association, it is necessary to assure adequate funds are available always. It can be a daunting challenge for the “Quarterback”, (Community Manager), and the “Team”, (HOA Board of Directors) as the game can be rougher than expected with an occasional sacking of the Q.B., with not enough money.
Why Do a Reserve Study?
GAME!FORPREPARATIONTHEBIG
Scenario #2: Now let’s take the same building and assume you bought an annual preventative maintenance program from a trusted local roofing company. Twice a year a trusted roofing contractor of your choice sends a one- or two-man crew, perhaps spring and summer, to inspect the roof for approximately $6,000 per year, or $3,000 per visit. They find those small holes and tears, patch them, clean scuppers, inspect the entire roofing system, caulk areas as needed and in some cases find damage that requires a “repair outside of maintenance scope”. Since the need for the repair was caught early, the cost could be as little as $800 depending on the situation. To sum it up: $3,000 x twice a year = $6,000, then add a repair at approximately $800, that equals $6,800 in proper asset management with preventative maintenance vs scenario #1 above, costing thousands more.
It’s easy to leave things for another day. When it comes to your roof and its repair (or disrepair) budget monies devoted exclusively to roof maintenance and put a maintenance plan in place. Find a trusted advisor/contractor who can help develop a comprehensive roof maintenance program. If you need a roof replacement, invest in one - it will pay huge dividends down the road. Regular roof maintenance, or even full replacement, will ensure that you spot trouble before trouble spots your wallet!
About Aspenmark Roofing & Solar Award winning Aspenmark Roofing & Solar has been serving the Dallas/Fort Worth area since 2005. A GAF Master Elite Certified roofing contractor, Aspenmark Roofing offers commercial, multi-family, and residential roof repair, maintenance, and replacement. For more information, or to schedule a roof assessment, visit www.AspenmarkRoofing.com
Adding Up The Cost: A Case Study
GAME DAY EDITION
• Change in the Use of the Building - Increased interior relative humidity of a building can cause severe condensation problems within the roofing system.
Scenario #1: Imagine for a moment, you had a tear or puncture on your low slope (flat roof). That penetration creates a leak that could cost, for example, $10k if gone unnoticed for even 6 months until it appears as a ceiling leak inside the building. So you get it fixed (this is known as reactive maintenance), then defer maintenance for another few years. When another leak is seen, by evidence of staining on the ceiling inside the building, that new leak in fact isn’t new but has been there for 2 ½ years and finally made its way into the building’s interior infrastructure. Depending on the damage, you could be out $15,000 or more to repair. To sum it up: This roof costs $25,000 in reactive repairs.
This speaks for itself. Imagine trying to sell a property that has had severe roof neglect. You’ll likely find it’s very tough getting someone to buy (or at least, you won’t get your asking priceif you can find a buyer at all). It will be tougher still trying to explain why those steady drips aren’t a problem to the buyer wanting to sink a huge amount of money into buying your building. Warning: This Stuff Will Wear Out Your Roof! We promised to share some of the common factors which can cause roof damage that, left unchecked, could mean big repair bucks coming straight out of your wallet.
• Forgetting about Maintenance - This is perhaps the single biggest cause of premature roof failure.
Decreased Property Value
Another adverse effect of neglecting your roof is increased energy bills. The same holes that allow water to leak through also let cold air out in the summer and hot air out in the winter. By allowing damage to go unrepaired on your roof surface, you could be paying significantly more on your energy bill each month. Stop the leaks and stop wasting energy.
Increased Energy Costs
• Exposure - Either long-term exposure to the elements without regular preventative maintenance or short term exposure to damaging air pollutants and chemicals.
Sherri Schermerhorn Sales CommercialAssociateand Multi-Family Aspenmark Roofing & SSchermerhorn@AspenmarkRoofing.comSolar
11 • CONTACT, SUMMER 2017
• Biological Growth - Such as vegetation in areas of standing water or algae.
• Not Fixing Problems Promptly - These can add up to a much shorter roof life - e.g., if a small problem is not repaired, then a LARGE amount of insulation can be damaged.
A Final Word
• Structural Movement - Such as building settlement or expansion/contraction not accommodated by the roofing system.
you don’t have the luxury of seeing a Check Engine light if there is something amiss with your roofing system. The straight fact is many building owners put off regularly scheduled maintenance or repairs of their roof and neglect their roofing system because they think they’re saving money, time, effort, or something else. However, delaying roof repair has both short and long-term effects that many property owners often don’t consider or don’t think are serious. Just as regularly visiting the dentist or having your car serviced prolongs the life of your teeth or vehicle respectively, regularly scheduled roof maintenance can ensure the longevity and performance of your roof, saving thousands of dollars in unnecessary repairs down the road.
Pay Now Or Pay Later: The Consequences of Poor Roof Maintenance Leaks
The same rules that hold true for your car should also apply to your Unfortunately,roof.
Imagine, for a moment, you’re driving down the road minding your own business, when all of a sudden that little orange beacon of fury pops on. Yes, the Check Engine light is in full effect and all you can think is….”what’s wrong, and how much is it going to cost me?” If you’ve been sluggish about maintaining your vehicle, it’s only a matter a of time before you’ll have to deal with an issue like this. And who knows how much damage you’ve done to the car in the meantime.
Even small amounts of damage on your roof can lead to leaks. Leaks don’t plug or fix themselves; they can actually expand and allow more water through. You may not see that water is entering the building unless you actually inspect the roof surface itself. The lesson? When you notice problems, handle them immediately! Don’t put leaks or other problems off until it is too late; fix them when you find them!
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So, let’s discuss consequences of not staying on top of roof repairs and maintenance, some warning signs and factors that impact the integrity of your roofing system and, finally, some scenarios that help illustrate the financial impact of handling roof maintenance the right way.
Your Roof Doesn’t Have a ‘Check Engine’ Light! Maintenance Matters:
need puzzlecrosswordhere 13 • CONTACT, SUMMER 2017 GAME DAY EDITION
This brings me to the end / fun part of my article, the social media word search. As a parent of teenage children, social media is a daily concern. It seems as if every day there’s a new app out there putting them in more danger or at further risk. I am on the PTA board at my son’s school and we recently paid for a gentleman, Josh Ochs, to come and speak with our parents and students. I recommend, if you have children or grandchildren, you should check him out! He has put plenty of information out there on the worldwide web that will educate you about your kids and social media.
Does your neighborhood have a Neighborhood Watch Group?
Summer Safety
By Alicia Lee, Globus Management Group
If so, do they work with a police liaison? Is there a key resident lead, or point of contact for this group? If there is not a neighborhood watch group already established, encourage the formation of such a group. The benefits of having a neighborhood watch group can greatly help protect, not only the neighborhood, but the homeowners’ assets as well from theft or vandalism. Neighbors can make one another aware of travel plans. Doing this allows neighbors to keep a close eye on each other’s homes while traveling. Neighborhood watch signs also serve as a great deterrent to criminals. If you see suspicious activity like loitering in the community park after hours please call the police department and encourage your neighbors to do the same. A squeaky wheel gets the grease and gets the police to do extra patrols. Dos and don’ts while traveling DO put a hold on all mail while out of town. The post office will not deliver mail during set dates. If your mailbox is overflowing, it acts as a good indicator that no one is home. DO arrange to have your lawn maintained; an unmaintained lawn is another “no one is home, look at this house” indicator. DO set timers for automatic lights. DO make copies of your identification and insurance cards, take one copy with you and leave one at home. DO leave a basic itinerary with a trusted friend or family member and check in with them daily.
DON’T post on social media! This includes, but not limited to a vacation countdown, stating that you’re going on vacation, “checking in” at the airport, “checking in” at the hotels. Posting photos of you drinking a Mai Tai on the beach, or swimming with dolphins. As tempting as it may be to share your vacation bliss at the very moment it’s occurring, share your “bragging photos” upon your return, when no one is potentially targeting everything you value in your home! This goes for the kiddos too. If you think you’re safe posting a simple photo, … think again. Do your homework. As a matter of fact, let me make it easy for you! Right click on a photo on social media. Download (save) the image file to your computer, right-click it, select Properties, and click the Details Tab. Look for the Latitude and Longitude coordinates under GPS. On a Mac, download the file, right-click it (or Control-click it), and select Get Info. You’ll see the Latitude and Longitude coordinates under More details. Do you know what that is… Yep, it’s the coordinates of where that photo was taken! I do believe there are steps you can take to remove this option from your device if you choose. You’ve been warned!! DON’T swim if you’re sick; keep your bugs to yourself! DON’T forget the sunblock, hangover cures, floaties, take lots of photos and HAVE A GREAT TIME!!!!
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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, SUMMER 2017 GAME DAY 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, SUMMER 017
• All funds belonging to the association.
• All Annual Meeting and Board Meeting Minutes and Resolutions for the association.
• A list of vendors, including contact information.
Betty Crudden, CMCA®, AMS®, PCAM®, has been with SBB Management Company for over 10 years. Prior to this she was in the residential land development industry, where some of her duties included setting up new associations and assisting with the creation of governing documents.
Community association management is a business based on customer service. If care is taken when a new community is brought into your company, their perception of your customer service will be favorable. No matter why the association may decide to leave your company, it is your responsibility to provide the community with your best efforts right to the end. After all, they may realize they’ve made a bad decision. If you treated the association courteously and professionally when they were leaving, they may want to come back, and your reputation can be assured with the Board, owners and your industry peers alike!
Karen Palmer, CMCA®, AMS®, PCAM®, Director of Association Operations, is an executive at SBB Management Company. She has been with the company for 32 years. Among her current responsibilities is the intake of new communities. She continues to manage a portfolio of special communities and assists SBB managers on a daily basis.
• All contracts in place for the association.
17 • CONTACT, Spring 2017 has historically been collecting fees incorrectly; for example, capitalization charges at closing or late fees on delinquent accounts when the documents don’t permit the fees. Other procedures may be trickier to deal with or to change to ensure they are legal and/or fair procedures. Common examples of this are incorrect collection procedures, or violation enforcement that is not consistent with the documents or fair to all owners.
Developer Communities If the new community is still under development, it is a great opportunity to get things set up correctly “on the front end”. Developers will usually be appreciative of your knowledge of state law and common practices and may embrace any suggested changes to the governing documents while they are still in control. It can be a careful dance with communities under development – your responsibility is to the association, but your “boss” is one or more representatives of the developer. The end goal, as a management company, is to keep the community after transition to homeowner control. Most developers understand their responsibility and the fiduciary obligation they have to the association but occasionally want to make decisions based on their perspective as the developer or that will not be popular with the homeowners. Again, this may mean you have to take time to thoroughly and patiently explain what is best for the association, and they may still make decisions against your recommendation. The manager must learn to walk the fine line between the “current boss” (the developer Board) and the “future boss” (the homeowner Board).
Getting Out of the Game
• Detailed financial reports including collection history.
Inevitably, there will be times when your company loses a community to another management company. As the association’s managing agent, you have a responsibility to maintain their records. These records must be provided to the new managing company as soon as possible after the termination of your contract with the association. Some items your company prepared or provided to the association may be proprietary to your company and do not have to be provided, but your company is obligated to provide all other association records to the new management company. This includes but is not limited to:
• A history, including currently pending items, of homeowner •violations.Approved bids for current projects.
• A complete set of governing documents.
GAME DAY EDITION
Upon Contract Effective Date
Important items at this time are: a check with association funds so that you can open a bank account, the association’s tax identification number, a list of homeowners, a list of current vendors, a current budget and other recent financial information, governing documents, applicable contracts, information on any current issues and other items your management company feels are important to obtain.
Additionally, self-managed communities often have habits or procedures that you must identify – and often work to change. Some may be relatively minor in nature. A self-managed association may have been in the habit of writing a check to pay a vendor on the spot. That usually doesn’t happen with a management company. Sometimes the association
If your new community was previously self-managed, you have a completely different set of circumstances to deal with. You still need all the items described above, but they may be harder to obtain – or will not be in a format you’re used to. Most professional management companies use modified or accrual accounting. Many self-managed associations use cash accounting. The change can be disconcerting to the Board and may require lengthy and patient explanation.
The smooth transition of a new community into your management company can make or break the association’s first impression of your company. A great early impression takes more than a quick inspection of the community’s common areas and homes and a meeting with the landscapers. It takes an initial set of tasks that will help ensure you provide the best service possible.
• Change the Registered Agent for the association with the Secretary of State’s office.
• Review the Board Meeting and Annual Meeting Minutes provided. This will give you information regarding the issues facing the community and the style and wishes of the Board of Directors. Are the Minutes complete? If not, request complete documents from the previous company or the Board.
• Other preliminary items are those you would normally do – contacting and meeting with vendors, having preliminary conversations with the Board of Directors, driving the community for common area inspections and home inspections for violations, etc. But What if They Were Previously SelfManaged?
• File a new Management Certificate for the association in the county records. If the association happens to be located in more than one county, be sure to file a Management Certificate in each county.
Even Before the Contract Date
16 • CONTACT, Spring 2017
Once a contract or management agreement is signed, you should reach out to the previous management company for initial items as early as they are willing to provide them.
The Art of Transitioning In (or Out) a Community Into your Management Company
• Review the vendor and professional contracts you have been provided. Are there any missing or out of date? These should be addressed quickly so you can effectively manage the new community. If the contracts are in a name other than the association’s legal name, they should be updated to correctly reflect the association.
An operating checking account should be set up immediately. This will undoubtedly be handled by the accounting department of your company. The prior management company will probably provide the last month’s financial reports shortly after the termination date. They must close the final period, which requires one or more final bank statements, etc. The accounting department should also quickly become familiar with any ongoing delinquencies so that collection efforts can be continued as seamlessly as possible.
There are several very important management items that should be addressed right away:
• Review the governing documents provided by the previous management company. Check with the association’s attorney to make sure you have everything that has been recorded. (Only recorded documents are legally enforceable.) Does the association have all applicable policies per state law? If not, you should review these items with the Board and work with them and their attorney to create any policies they may need. Once the policies are approved they must be recorded.
• Community Incidents • Failure of property systems • Chemical exposure • Structure collapse • Natural Disasters • Flooding • Ice/snow storms • Tornadoes • Human-Caused Incidents • Biological hazard • Active shooter • Bomb/bomb threat
crimes,
Guidelines and Procedures for Specific Scenarios
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 27 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-stop-shop 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.
Training, Running Drills, Practice, Plays and More:
These are your plays. Just as a coach and team anticipate their opponents’ potential strategies and create their own strategies based off of these, you must anticipate potential emergencies and how your community will handle them. Your EAP should include a thorough examination of and accounting for the types of dangerous conditions that could potentially occur within your community. This assessment should be performed with your community specifically in mind, including the source of where and how this danger could occur. Causes of hazards can typically fall under one of three categories: property incidents, natural disasters and human-caused incidents. Below are some examples of each: For any risks that could turn into emergencies, such as fires, etc., you should create procedures for how you will respond to that specific hazard, including evacuations, lock-ins, etc. Once you have finalized your emergency game plan, you’ve got to get your entire team on board. Signage and emergency procedures should be posted as well as issued to all designated emergency responders within the community. Signs that assist in evacuation should be posted next to all stairwell doorways, in every elevator lobby and in any long hallways or other discernible areas. Copies of your EAP should be available within the community’s management office, at its security desk and any other necessary areas to ensure emergency personnel and community staff have access to it at any time. An electronic copy of the EAP should be stored in a secure but easily accessible location. Storage of the EAP on USB devices is also recommended for printing purposes.
* See more examples and specifics in Kings III’s Emergency Action Plan Guide. (Link for print: http://bit.ly/2s4lcL7)
19 • CONTACT, SUMMER 2017 emergency situation with residents, how often that they should be updated as well as how to communicate when immediate danger is over and normal building functions can be resumed. This should be left to the emergency action team’s discretion based on how much authority they deem necessary over the situation.
For more information on how to create a thorough and effective Emergency Action Plan along with implementation techniques, training guides and example procedures by emergency, see our guide: Building Your Emergency Action Plan (Link for print: http://bit.ly/2s4lcL7)
AllieContact:Lewis, Content Marketing Specialist 972.906.7045 alewis@kingsiii.com
• Fire department • Building security • Electrician Designated Community Staff Responsible in Emergency Situations
Recommended for Your EAP However, in today’s reality, emergencies can be various and complicated. Including merely the bare minimum in your EAP is the equivalent to outlining one play strategy for an entire game. We recommend to be as specific as you can be within your EAP in order to render it truly effective. Some other items that we recommend you map out from the beginning include:
Who are your head coach, your defensive and offensive coordinators, etc.? Your EAP must define the responsibilities of any property staff with responsibility in emergency procedures. This can vary from community to community based on size and specific needs, but typically, the designated emergency personnel include the community owner(s) or manager as the highest ranking responsible figure, an emergency coordinator and emergency teams, such as floor/area monitors or evacuation teams. Names, contact information and emergency roles should be listed for each person along with the responsibilities for particular roles.
The EAP Bare Minimum- Your Game Plan
• A procedure of priority for reporting fires and other community emergencies • Floorplans including routes and evacuation assembly areas
A list of contacts for reference in an emergency Keep documentation of the appropriate service, business phone numbers, emergency phone numbers and if applicable, the emergency contact at businesses involving safety items that are close to Examplesyou.include:
Warning, Notifications and Communication Systems You’ve got to be able to communicate important information to your players during the heat of the game, so your EAP should also include a section outlining how to communicate an 18 • CONTACT, SUMMER 2017
Do YOU Have an GameEmergencyPlan?
Call us crazy, but we can see a lot of similarities between an emergency situation within your community and a big, highly anticipated game day. Not convinced? Both involve situations where people can get hurt, raised adrenaline levels and the requirement for some prep and practice. Of course, there’s one huge difference: the surprise factor. You KNOW when game day occurs. You spend weeks, even months anticipating, while emergencies are unexpected. You never know where and when they could happen. However, one similarity remains: both can and should be anticipated.
The fact of the matter is, sometimes unsafe conditions and even emergencies occur no matter how much we do to prevent them. This is why having an implemented game plan (better known as your Emergency Action Plan, or EAP) for the event of an emergency in your community, known and practiced by residents, is not only required in many situations, but also essential for overall property safety. You can’t really consider your community “safe” if you only have measures to prevent bad things from happening, but no “plays” set in place and drills to practice for if things do turn sour.
Foundation
• Methods and standards involved with property evacuation
Consider yourself the coach. At minimum, your building’s EAP should include:
As mentioned, those responsible for residential properties are often required by law to develop an Emergency Action Plan (EAP) in order to actively prepare for the event of an emergency.
Cost effective and creative debt collection methods pursued in accordance with State law which yield measurable results
21 • CONTACT, SUMMER 2017
GAME DAY EDITION
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.
Guidance and Leadership on all Legal Matters related to Community Associations.
Making Financing Easy for Condominium and Homeowners Associations
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
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
Assist association boards in interpreting governing documents
Vinay B. Patel - Shareholder vpatel@hoaf.com
Association Services Matt Hiebert, AVP/Relationship Manager 469-440-0717 • MHiebert@BBandT.com
Judd A. Austin, Jr. - Shareholder jaamex@hoaf.com
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.
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
20 • CONTACT, SUMMER 2017
By Jim LaRue and Kimberly Pickering Jim Jim@AllegraTX.comOwnerLaRue Kimberly Pickering Creative Kimberly@AllegraTX.comDirector Allegra Marketing | Print | Mail 14131 Midway Road, Suite 119, Addison, TX 75001
Stand
As association managers, have you considered working with your Boards to “brand” your properties? Or ramping up your branding efforts? Good branding works. It creates better awareness, goodwill and improved relations with property managers, the HOA board of directors, residents and future residents. For a brand to rise to the top, humanization of the community must take place. With that in mind, here are four ways to create a memorable brand experience. Be approachable and communicate with your community. Print quarterly newsletters including timely articles and pictures of current and upcoming activities. Good graphic design and color print will increase awareness and call attention to your community. You can also call out areas needing improvement: pet clean up, crime prevention, spring maintenance, and more. Encourage the board and resident volunteers to contribute articles and photos. Mail newsletters in an envelope with an eye-catching graphic to increase readership. Remain consistent. Consistency is key in branding. All on-line and printed materials should flow seamlessly and look great. Colors, fonts and logos should be consistent whenever and wherever you use them. Homeowners, vendors and prospective new owners should be able to pick your brand out from the competition by look and messaging alone. Market your community. Create a welcome packet for new owners and prospects. With all of the relocations to the Metroplex, most newcomers will be pleased to review the information provided. Packets should be delivered by the welcome committee, or a responsible person on the board, and the property manager. “Humanization” of the brand is important. Reinforce your brand. Include branded apparel, note pads, pens and cups at all HOA events, annual meetings and board meetings. You are promoting that you are a team and advocate working together as a whole to build a solid community; HOA, board, residents and property management. Encourage your team to be proud of their Trycommunity.someof these ideas to take your property’s or association’s recognition to the next level. If you’d like some help getting started, please reach out to a marketing organization. You will see some positive results for your Brand!
Does Your Brand Out?
Take-Away No. 2(a) -- Third parties doing business with an HOA are advised to obtain a formal written corporate resolution signed by the board president or secretary reflecting the authority of the HOA granted by the board to execute the vendor’s contract. Board members must act in good faith at all times, a fact which requires setting aside personal interests and agendas in favor of the best interests of the HOA. If a board member cannot set aside personal preferences to sufficiently give objective input on HOA matters, or if a conflict of interest arises, the board member must abstain from voting. Conversely, other voting members must not yield to one board member’s opinion or demands simply because that one board member is most directly affected by an issue.
Although the law and most CCRs and Bylaws are written and intended to reduce the chances of a board member being held personally responsible for acts and decisions made in the scope of their board role, it is never too careful or excessive to inspect each decision through the prism of the best interests of the HOA as a whole. Reasonable people can differ on what is best, but reasonable people must act reasonably, which means without arbitrariness, self-interest, discriminatory motive, or rejection of guiding principles expressed in the CCRs, Bylaws or the HOA’s prior course of dealings.
Injunction lawsuits spring up from CCR and Bylaws inadequacies to stop certain acts from happening that most homeowners would otherwise take for granted. In all such circumstances, the HOA may win and it may lose, and though most homeowners may not care too much about the outcome, all homeowners will take notice if a special assessment is requested to fund ongoing litigation involving a neighborhomeowner.
“There’s been some hard feelings here, about some words that were said.”
I am reminded of a common news interview of people who stubbornly refuse to evacuate before a hurricane. If they thought more deeply about it, they would concede that they have no weapons to
GAME DAY EDITION
Here’s a scenario to contemplate: an election between two candidates is hotly, angrily contested. The campaign includes name-calling, digging up unflattering history, circulating embarrassing e-mails, etc. After the election, the purported losing candidate and some followers refuse to acknowledge the result, and launch a legal challenge. In fact, this same candidate declares victory and takes aggressive steps to prepare for assuming office. Is this a fictional screenplay based on a presidential election, coming as a major motion picture to a theatre near you? Actually, it is a sampling of real events our firm has sorted out for clients. Issues abound surrounding board elections, management control, authority to bind an HOA, and other aspects of governance. For example: can the president of an HOA board unilaterally hire a lawyer to file or defend against claims involving the HOA? Can a majority of board members contract with a vendor for their HOA without consulting the remaining members? What happens when a board enters into a contract for the HOA, but then the board’s members change after an election and the new board desires to reject the contract? What if one set of board members refuses to recognize the legitimacy of a newly elected set of members, and both factions hire different lawyers for the HOA? The foregoing scenarios can result in bitter, expensive court battles. For starters, when a law firm represents an HOA, it is representing a legal entity, a “person”, which is separate in the eyes of the law from the board or any individual board member. The client is the association, not the board president, a single or group of board members, or committee member that first contacted the law firm. When a law firm represents an association – in disputes involving incoming and outgoing board members, the conduct of meetings and elections, proxy battles, contract interpretation, in fact, any legal matter – it must advise and exercise independent professional judgment for the best interest of the HOA.
Invest in a qualified lawyer’s review of your CCRs and Bylaws now before sticky disputes arise later, and fix what needs fixing.
To the contrary, in such circumstances it becomes even more important that the other board members “speak up” to make sure the best interest of the entire HOA is considered. Otherwise, a board risks becoming the tool upon which a highly motivated board member grinds his or her ax. A board member managing the affairs of the HOA with raw emotions and with personal involvement can oftentimes lose perspective – especially when pursuit of the form of justice he or she desires is funded by O.P.M. (Other People’s Money).
“One Man’s Ceiling is Another Man’s Floor” by Paul Simon Take-Away No. 3 – Board members should thoroughly understand the standards by which they must discipline themselves when acting in their official capacities. And now, the elephant in the room. Disputes in America, as well as in any HOA, can lead to lawsuits or threats of lawsuits. Lawsuits bring ne’er do wells like yours truly to the trough. The HOA opponent will have a ne’er do well, too. Ne’er do wells, as they do in society at large, cost the community money. I make no apologies for the obvious, painful fact that I charge for my unique brand of service. Why else would I be willing to jump into your nightmare and slay your dragons? Litigation is obviously expensive, seldom cathartic, but often chaotic, disruptive and destructive. The idea of being entangled in a highly emotional lawsuit with a fellow neighbor was not likely part of the job description imagined by the typical volunteer board member.
“Some gotta win, some gotta lose; Good Time Charlie’s got the blues.”
Take-Away No. 1
“Good Time Charlie” by Dwight Yoakum (or Danny O’Keefe?)
Take-Away No. 2 – Before executing agreements with third parties (including law firms), follow the necessary meeting, voting, and corporate formality prerequisites, and record the fact that each mandatory step was completed in the minutes or other HOA records.
At times, the HOA-as-client perspective necessarily means that a lawyer will counsel a position that particular board members or management company representatives will not like. So, what happens if a group of board members splinters off and purports to hire another attorney for the HOA, one who not only opposes the advice of the first lawyer, but also makes a claim against the other board members? The second lawyer is bound by the same principle as the first: he or she must exercise independent professional judgment for the best interest of the HOA, not the dissident group of board members.
23 • CONTACT, SUMMER 2017 regulating annual meetings or the turnover of governing board members are fodder for disputes. If a Bylaw provision fails to clearly define the process for providing notice, proxies, meetings, or voting, skirmishes can arise between a board and the HOA’s management company on the one hand, and homeowners that claim the election process was “illegal” or that they were disenfranchised because their candidate was not afforded a fair election.
Bylaws
Observations About HOA Lawsuits From a Litigator’s Perspective
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Michael G. Oddo Henry Oddo Austin & Fletcher, P.C.
22 • CONTACT, Spring 2017
Our firm represents homeowners associations, and has done so for two decades. Our client list includes many, many property owners associations. I, however, am not a day-to-day HOA specialist. I am a less noble breed, a litigator, a trial lawyer. Because of ethics rules, I cannot brag that I am a good lawyer, and even if I did, recall what Charles Dickens wrote: “. . . if there were no bad people, there would be no good lawyers.” My presence in an HOA matter can be a foreshadowing of unpleasantness, like a MiniMe to the Grim Reaper. I am called upon when other options fail to stop “bad people” from ruining everyone else’s block party. The types of lawsuits I handle for HOAs vary: assessment collections; deed restriction enforcement; defense against homeowner claims for unfair treatment; disputes over proposed construction of improvements, to name a few.
Associations experience litigation arising from lien foreclosure proceedings, open meeting requirements, board membership elections, the Fair Debt Collection Practices Act, and other statutory causes of action. The list of potential claim categories is growing. I will address common challenges an HOA must hurdle in almost every matter that threatens to land in that unhappy ballpark called “court”.
“Take me out to the courthouse, Take me out to a trial. Buy me subpoenas then let’s attack -I don’t care if we get money back.”
In the vast majority of instances when an HOA board inquires about a lawsuit, the declarations of covenants, conditions and restrictions (“CCRs”) form the basis for the remedy sought or the defense intended. Occasionally, the scrutiny imposed by a high stakes court action exposes flaws and omissions in CCRs.The complex documents that form an HOA, usually prepared at the hands of a land developer, can be many years and several points of reference removed from later disputes. For example, homeowners who want to operate drones over their property might argue that nothing in the CCRs prohibits such activity, and they might be technically correct even if the CCRs were filed a few years ago. More fundamental flaws might become apparent under the high intensity light of pretrial discovery, such as omissions or errors that support an argument that the CCRs do not apply to certain property – which may be contrary to what every homeowners thinks. In older neighborhoods, amendments and supplements to the CCRs may proliferate, but without being reconciled to each other or to the original CCRs.
Ilearned first-hand that an effective construction defect attorney must be both an “HOA coach” and an “HOA teammate.” Chad Robinson at Riddle & Williams P.C. (“R&W”) filled both of these roles for our condominium community, which resulted in a seven-figure recovery on less than $25,000 in attorneys’ fees paid. My high-rise community was faced with defects that required multi-million dollar repairs. As a homeowner and board member, that position scared me. We decided to consult with R&W. As a coach to us, they provided us with strong leadership before we even decided to hire them. They first advised us that the clock was ticking on the deadline for a new condominium construction defect law to become effective. That law would make it more difficult to pursue a construction defect claim. They alerted us to the change in the law before the new law became effective. Next, we needed to form the team. The Board was concerned with legal fees and the likelihood that a contingency fee could consume a large piece of any settlement or judgment. Our attorneys were flexible and presented us with different payment options. We possessed the resources to pay by the hour and chose that option. With the team formed, we drew up a game plan and set off for battle. R&W worked tirelessly to file the lawsuit on our behalf before the new law became effective, which was the first step in defining the battlefield to our advantage. After filing suit, as teammates, through the use of strategic discovery and exploitation of pressure points of the Defendants, along with their years of construction-defect litigation experience, we were able to execute on a game-plan that exerted consistent and effective pressure on the opposition. That said, defendants didn’t roll over at the first sign of trouble—forcing an unwilling person to part ways with seven figures takes some time. While the defendants made some settlement offers, the offers were initially not nearly enough. The defendants made threats to escalate the fight. We and our attorneys held the line and continued exercising the game plan. As a coach, the attorneys tweaked the game plan a bit during the game to always stay one step ahead of the opposition. Our lawyers routinely attended meetings of the board and members, which helped put the community at ease. Their experience in communicating with Boards and homeowners was evident. They also helped us navigate some ancillary issues caused by the lawsuit, such as what resale certificates must disclose and providing information about the lawsuit to lenders to assist with unit sales during litigation. They were great teammates for all issues related to the lawsuit and always accessible when needed, even for evening meetings.
After a little more than one year, our attorneys obtained a settlement that paid enough money to repair all known defects, as well as to cover engineering costs for the repairs and attorney’s fees, with some additional money for any future issues, all for less than $25,000 in attorneys’ fees. The result was a grand slam, home run. The Board could not be happier with the result. Thanks, R&W!
By Pat Bentel, Board Member
A competitive, knee-jerk reaction to my comments might include, “What kind of litigator admits up front that compromising is the best policy? We don’t want his attitude on our case. Give us a gladiator –an unchained junkyard dog with blood on her teeth.” However, consider the impact that a Rambo style lawyer might have, representing a non-profit neighborhood association governed by a handful of unpaid volunteers in a lawsuit against a fellow neighbor. Widen the lens and focus on more than HOA issues for a moment.
6. Does the HOA have insurance coverage, including coverage for attorney’s fees, for defense of the pending matter (insurance rarely covers pursuit of a claim by an insured)?
Take-Away No. 4 – Be proactive about hot-button issues and potential conflicts. Use early communications with legal counsel to explore and strategize effective resolutions before litigation. Take no pride in winning every technicality, and no shame in compromising on unimportant details in favor of long-term collaboration and leadership.
Unless the case is one defended and indemnified by insurance, a protracted lawsuit nearly always guarantees the HOA will lose, no matter the outcome in court.
1. Is the desired outcome worth the cost, effort and time of elevating the matter to litigation status?
thwart the will of water and winds, and they are merely casting themselves as future subjects of a dangerous, costly rescue. My advice to you as an HOA representative is: don’t be the equivalent of the guy soon to be stranded with his cat on a rooftop after a storm surge. I suspect several of you reading this, who have been down the lawsuit path to any degree, are nodding your head in agreement. Those that do not know what I am talking about, heed the warning about fighting at any cost, especially if you are part of the group that determines if a first litigation punch is to be thrown.
“Litigation is the basic legal right which guarantees every corporation its decade in court.” David Porter, Microsoft Corporate Vice President of Retail Sales
3. Are attorney’s fees recoverable by the HOA (or by the opponent, for that matter)?
5. What are the probable (not just possible) consequences of (a) not pursuing the matter further, or (b) escalating the dispute and running out of money and/or community support before it is resolved?
Even if you think you’ve won, you still have to live with the loser.” Neighborhood associations share some of those sensitivities. HOA members must live with the “loser” of a dispute, whether that be a neighbor or the board.
Ninety-five percent of all cases – from small claims actions involving a few hundred bucks, to billion dollar patent cases – settle before or during trial. Put another way, an HOA is not giving away any rights or opportunities by being guided by George Herbert’s philosophy: “A lean compromise is better than a fat lawsuit.”
4. Is the opponent capable of satisfying a money judgment?
“If there’s something strange in your neighborhood -Who you gonna call? . . . .I ain’t afraid of no “Ghostbusters”ghosts.” by Ray Parker, Jr.
2. Does the HOA have sufficient funds if the matter becomes drawn out?
I received some valuable marital advice long ago: “Learn how to handle disputes with your spouse. Your relationship is more important than winning an argument.
Of course, despite best intentions and efforts, an HOA may not be able to avoid litigation. If it is sued, it must answer, and hire a lawyer. I am addressing here, however, the decision making process that precedes a lawsuit by or against an HOA. If notice letters, liens, meetings and sit-downs with a potential court opponent do not lead to resolution, certainly contact the HOA’s attorney, but not just to fire a high inside fastball and sue. You may also learn alternative strategies not yet considered, or that your supposed legal position is not as favorable as first thought (see above regarding CCR surprises). Your attorney can also help your board by being a sounding board him or herself. All of which can result in more modestly priced and potentially invaluable advice in order to answer these key questions:
The best time to craft a balanced, sensible compromise and settlement is as early as when the board first becomes aware that court might be an option. The second best time is the day after, and the third best time is the day after that, and so forth.
For every suggestion and admonishment above, there have been and will always be exceptions. Human nature is unpredictable, and humans, not robots, form HOAs. In our practice, when we think we have seen it all, something new and strange is soon presented by a homeowner, a board, the legislature, or all three at once. Hopefully, the perspectives shared in this article by a fellow who is frequently dispatched to wrestle with the new and the strange will help you minimize the cost of lawsuits and maximize the results of your vigilance.
CONCLUSION
24 • CONTACT, SUMMER 2017
GAME DAY EDITION 27 • CONTACT, SUMMER 2017
Now, Lakeside on Preston had objective, hard data from which to ask for dredging quotes. It was no longer subjective to what the dredging company thought needed to be done. For the first time in the Lakeside dredging project, the community was at the helm. The critical dredging area data was tabulated, formatted into a visual exhibit, included in a new Request for Proposal (RFP) and disseminated to the dredging contractors.
most popular use of this technology is to monitor sedimentation buildup and make objective planning decisions based on the hydrographic surveys. Lakeside on Preston HOA, in Plano, faced a common problem within HOAs that have surface water impoundments – when do we need to dredge, how much do we need to remove, how do we budget for the project and what objective data can we use to submit RFPs and select a qualified contractor? The lakes in the community were approaching 18 years old and sediment had accumulated in the lakes to the extent islands had formed as if there were underwater volcanoes erupting and new land was emerging! Lakeside knew dredging was imminent, so they called several dredging contractors and asked them to submit quotes to perform the work. What they received from the contractors was a multitude of different opinions on what the lake bottom looked like and what needed to be dredged. As a result, they had many different quotes to choose from. But, what was the right choice? Our work began when the lakes and landscape committee chairman called us for help.
The new dredging proposals were received two weeks later and reviewed. The first time Lakeside did this, they received quotes that varied in excess of 300% from one contractor to another. This time, after our new RFP was sent out, Lakeside received quotes that were within several thousand dollars of each other.
Once the maps were complete, a meeting was organized to review the surveys and determine the areas the HOA deemed most important to dredge. This would help focus the dredging efforts and help reduce overall dredging expenses. Using the data we collected, we were able to calculate the cubic yardage of sediment needing to be removed in the critical areas the HOA identified.
We began by surveying the three lakes in the community. This process is done in a boat, on the water, using survey grade GPS and survey sonar equipment. Depending on the size of the lake, we can spend several hours on the water taking up to 8,000 to 10,000 depth and sediment thickness measurements. These depth measurements have an accuracy of up to two centimeters, resulting in an extremely accurate lake map. Once the data is gathered on the water, the data is taken back to the office where specialized computer software formats it into a survey format. In terrestrial applications this type of map is called a topographical map. In aquatic applications, this “underwater topographical map” is called a bathymetric survey.
What you need is a picture or a snapshot of what the lake bottom looks like. Today, it’s possible and affordable. Hydrographic survey technology is used to reveal this unseen, underwater world. Combining survey-grade equipment and depth accuracies of up to two centimeters, a survey is performed of what few people will ever see – the bottom of your lake. These surveys are used for a variety of reasons such as hydraulic storm water modeling, environmental impact studies, reserve studies and construction or rehabilitation projects. In the urban environment, the A case study of Lakeside on Preston HOA in Plano, TX
Have you taken the time to think about why people are drawn to ponds, lakes and streams? Is it any coincidence real estate values are higher around a lake? Why do parks and recreational areas many times include ponds, lakes and streams? Do we like water for the tranquility? A break from our normal routine? A place to reflect? It is all of those reasons, and more, why folks enjoy the water. However, seldom are aquatic environments viewed as busy and dynamic underwater worlds. The truth is - it’s busy underwater! Each day a fish is eating another to survive, several times a year more fish are being hatched from eggs, fish populations rise and fall with each spawn and feeding. These aquatic environments are ever-changing. Adding to the dynamic underwater world is storm and surface water runoff. With each storm water rushes into a lake, carrying with it souvenirs from upstream such as sand, silt and debris. As the water slows down, entering the lake, those soil particles begin to settle out of the water and fall onto the bottom of the lake. The bigger particles fall quickly and the smaller particles drift further into the lake before settling out. The effect is cumulative. The rate at which it occurs depends on your particular lake and watershed. Each time it rains, more sediment is deposited into the lake. but there are many negative consequences to draining a lake. You can get in a boat
By Trent Lewis, FPC, Senior Consultant, PondMedics Incorporated
Hydrographic Surveys for Dredging Planning, Execution and Verification
26 • CONTACT, SUMMER 2017
1. Do you use survey-grade or recreational instruments during your survey? Different instruments produce different results. Many dredging projects are tens or hundreds of thousands of dollars. A contractor with the right equipment will collect correct data and give you confidence in the money you’re spending to 2.dredge.What is your experience in hydrographic surveys? Do you perform hydrographic surveys on a weekly basis? How many surveys have you performed in the last 10 years? Do you have an in-house licensed engineer, registered surveyor and GIS team that performs the survey work?
ABOUT THE AUTHOR
Trent Lewis is an AFS Certified Fisheries Professional and Senior Consultant at PondMedics, Inc., a multi-disciplinary civil engineering firm that specializes in design/build/maintain services for surface waters in the south central U.S. They have performed over 1,000 freshwater, inland hydrographic surveys throughout the U.S. in the last 15 years and employ on-staff licensed engineers, surveyors, GIS technicians and drone pilots. For more information on hydrographic surveys, please contact Trent Lewis, FPC at PondMedics, Incorporated, 972.905.4761 or trent@pondmedics.com.
4. Can you send me references of projects you’ve worked on where your data has held up under the scrutiny of other engineers, surveyors, contractors and attorneys?
GAME DAY EDITION
3. Can you show me case studies where you’ve performed a survey in a similar situation as ours?
5. Why is there such a big difference in price between your survey quote and others? Large discrepancies in quotes for hydrographic surveys indicate you’re not receiving the same deliverables or QUALITY of deliverables. Dig in, ask questions, and find out the differences before automatically defaulting to the lowest bid.
QUESTIONS TO ASK WHEN SELECTING A HYDROGRAPHIC SURVEYOR
Larry Hairston, a member of the board of directors and the lake committee chairperson for Lakeside on Preston HOA summarized it this way, “When I first looked at the proposal the HOA had previously obtained, it was in the neighborhood of $450,000 to perform the dredging. By going to multiple vendors with the information you [PondMedics, Inc.] supplied, the prices eventually came down and the final cost is in the neighborhood of $200,000. I am certain we saved well over $200,000 by competitively bidding the projects, but more specifically by determining the amount of silt to be removed. The other valuable service PondMedics performed was confirmation of satisfactory completion by the dredging company, using the survey technology.”
Think of your lake survey as a window into an unseen world. A hydrographic survey can be used to track changes in this dynamic environment. Use it as a planning and budgeting tool in your community. The sooner a lake is surveyed, the more informed your lake management decisions will be.
28 • CONTACT, SUMMER 2017
Is your community’s lake shallow? Do you know if there are areas of rapid sedimentation occurring? Sedimentation reduces the overall water holding capacity of a lake, which is important to communities that irrigate from a pond or lake. As a result of decreased water holding capacity, nutrients are more concentrated, fish habitat is reduced and aesthetics are compromised. It’s likely that, unless your pond or lake has been drained, you do not know what the bottom of your lake looks like. Sedimentation occurs in all lakes, some faster than others. Surveying a pond or lake on a regular basis (once every 1-3 years) can help you track sedimentation patterns and help you plan for your dredging project; an important step in helping accumulate the funds needed to dredge.
Finally, Lakeside was able to compare “apples to apples” between dredging contractors. Why? All the contractors were all looking at, and bidding from, the same data. Prior to this, they had used a pole in a boat, measuring lake depths, over an area larger than four football fields. Shortly thereafter, Lakeside on Preston chose a dredging contactor to perform the work and dredging began. PondMedics stayed on to assist the HOA with the project administration. The dredging contractor used the surveys to help locate the areas they were contracted to dredge. We used our sonar and survey-grade GPS equipment to verify whether the work had been completed according to the scope of work in the contract. After the lakes were completely dredged, we re-surveyed the lakes. Because we were able to map the lakes prior to dredging, we could now provide Lakeside on Preston HOA a complete set of “before and after” exhibits. An otherwise unseen world, was now revealed to the community and everyone was able to see the underwater changes. Lakeside on Preston will soon present the completed project to the residents during the spring Annual Meeting, using the before/after exhibits to demonstrate to the residents how their money was used effectively in this dredging project and how the hydrographic surveys saved the community hundreds of thousands of dollars.
31 • CONTACT, SUMMER 2017 HOA RENOVATIONS COMMITTED TO COMMUNITY IMPROVEMENT GAME DAY EDITION
30 • CONTACT, SUMMER 2017
prolong or prevent the need for dredging: www.solitudelakemanagement.com/hydro-rake
Prolong Pond Dredging and Save Your Community Money.
Restoring Balance. Enhancing Beauty. 888.480.LAKE • solitudelakemanagement.comLearnhowhydro-rakingcanhelp
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.
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Financing subject to credit and collateral approval. Other restrictions may apply. Terms and conditions subject to change.
Banking solutions to help your communities thrive Rich Rayburn, CMCA® Regional Account Executive rich.rayburn@unionbank.com972-342-2129
GAME DAY EDITION
32 • CONTACT,
Matt Fitterer at Pool Referees www.poolrefs.com469.215.7733
The pH measures how basic or acidic the water in your neighborhood pool is. The ideal level for pool water is in the 7.4 - 7.6 range which is slightly more basic than neutral. The levels are maintained by adding muriatic acid if the pH is too high or soda ash if the pH is too low.
As a pool service company, it’s our obligation to keep the water safe to swim in. This starts with regular brushing and skimming to remove debris that algae feed on. It’s also important to check and balance the chemicals your community pool needs to stay Chlorinehealthy.
should stay around 3 ppm (parts per million) and should be added as needed. It’s the chemical pools use the most and can get out of balance quickly if you’re not consistently checking it.
SUMMER 2017 Safety has been a hot topic in sports, especially football, right now. Just like football leagues have a responsibility to keep players safe, HOAs and their pool service providers have a responsibility to keep their community safe. HOA Responsibilities At the very least the HOA need to follow state and city regulations to ensure a safe environment. This includes having the proper fence and signage around your pool. Always check with your local government if you’re unsure of regulations. The legal signage you need to have, by law, includes posting no diving around the pool deck, a maximum user load limit sign and a chlorine warning on the chlorine room door. If you don’t have a lifeguard on duty you’ll also need an additional no diving sign, a no lifeguard warning, a children supervision warning and emergency signs. Note that Dallas City Code requires additional It’ssigns.agood idea to go above and beyond your legal requirements to protect the safety of your residents. We advise posting a list of pool rules. These rules can include people with open cuts or communicable diseases may not enter the pool, glass is not allowed in or around the pool, pets are not allowed at the pool, no running and no trespassing with clear pool hours listed. While enforcing rules isn’t fun, most people understand it’s to keep them and their family safe. There’s no need to go overboard with rules but find the right balance that you and your community can follow and enforce.
Pool Service Responsibility
Alkalinity refers to how well water can neutralize acid. You want your pool in the 80 - 120 ppm range. Alkalinity can be raised with sodium bicarbonate and some water must be drained and added to lower the alkalinity level.
Keeping your community safe is a combined effort between HOAs and their pool service providers. With a little teamwork, your residents will have a safe environment to unwind and have fun in!
To keep your community pool safe for swimming, it’s important to balance chemicals. Make sure to choose a dependable pool company that takes water safety seriously.
Bringing Safety to Pool Dayby Matt Fitterer, Pool Referees
Ask about wind, windstorm and hail. There are usually various options and deductibles available and I like to present these options to the BOD. Have a clear understanding of fire, and other perils which are typically covered or suggested by the agent. Some agents refer to this as “special form” which refers to their standard coverage proposal.
Good luck with your future insurance needs!! Ask the agent to provide any additional information about policies or recommendations which they may have so that you get a professional’s input on any additional items the BOD may choose to explore.
Inquire about various options for D&O, Errors & Omissions and Employee Dishonesty/Theft which usually fall into the Crime/Fidelity coverage and can vary from carrier to carrier.
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Lastly, once the new policy is bound, you might ask your agent to attend the next BOD meeting to give a short overview of the policies and coverage. This allows owners to ask questions and get a better understanding of how the BOD has elected to protect everyone’s financial and structural interests. These are ways that may help address insurance renewals or the purchase of new insurance. These are all just recommendations which I hope will help my fellow managers. Even if you have been in the business for years, it might be wise to review this information with your broker or agent. Knowing the various policies and limits that are in place are key components we should all understand.
Ask that the deductible and limits for each type of item covered is clearly shown so that the BOD has a full understanding of what their coverage limits are. Once that is determined, ask for various options for the Umbrella coverage. Usually coverage starts at $5M and can go as high as $25M with just a slight increase in your payment. Try and get at least $20M since it is relatively inexpensive.
Ensure the representative knows that the BOD will seek protection from updated building and other city/county codes by requesting a quote for Law & Ordinances Insurance to cover any financial gap caused by new building codes and ordinances.
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Use the FEMA website maps to determine the location of any flood plains and see if the building is in a flood plain area. If so, alert the agent to this fact and send them a copy of the map you printed. https://msc.fema.gov/portal
By Tony Diaz III, CMCA Community Manager, The Wyndemere Worth Ross Management Company, Inc., AAMC HELP THE BOARD MAKE GOOD INSURANCE DECISIONS
Ask the representative for various deductible options for the BOD to consider.
Inquire as to any coverage included or available for purchase for Earthquake, earth shifting or other similar perils. Some areas in the USA offer additional coverage for foundations and other structural concerns for “below ground” items. This is usually hard to find, but I make it a point to ask the agent to explore these options.
Each level will cause an increase or decrease in the overall policy costs with some items having a standard deductible which may be changed depending on the various options available.
These are questions that you might consider asking the insurance agent or broker when your BOD is looking to renew or purchase insurance for the HOA. Prior to contacting the agent, managers can do some research to get a better understanding of the building’s needs. These are items you might consider:
Research the last time a building valuation was completed. If you can’t find it or it’s been more than 3 years since the last one was completed, order a new one. Your agent should be able to recommend a company to assist you. Knowing this value helps in case of total loss. This will help the BOD request full replacement value should there be a need to rebuild.
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GAME DAY EDITION 37 • CONTACT, SUMMER 2017
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Here are a few things to consider when working on your plan:
• Advanced Structural Drying • Fire Damage Restoration • Contents Restoration • Packouts & Storage • Biohazard Cleanup • Mold Remediation
5. Homeowner Preparation: Request that all residents alert management if they are going to be away for an extended period of time. Request that they leave a set of keys with a neighbor or management. Ask them to report any vacant units for monitoring.
24-Hour Service Planning & Training
7. Review Your Insurance Policy: Meet with your insurance agent to review your policy. Seek their advice on when to call them to open a claim.
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by: Michelle Collett, South River Restoration
1. Resident Emails: Is your email list current? Keep residents updated through regular email blasts. We know your phone will be ringing off of the hook…why not try to reduce the call volume?
Emergency
Being a property manager is similar to Tony Romo and Dak Prescott’s job as a quarterback: communicating effectively to lead the team (staff/vendors)…and the players (residents) to the end zone safely and efficiently! Communication plays a crucial role in whether you win or lose. Without it, the team can fall short and make lots of costly mistakes. Regardless of who you play for, take some time to get your communications plan ready – or update your current one! When a pipe bursts or you have hail the size of footballs (okay, maybe baseballs) coming down, be sure you are ready to communicate with your residents and vendors – and to take action! Because when an issue happens, most companies cite communication as a culprit!
4. Be a Good Neighbor: Figure out which residents do not partake in technology, and ask their neighbors to keep them informed via phone or knocking on their door.
Just like in a football game, we find that we cannot really over communicate during a disaster or emergency! It’s truly what keeps things together and running smoothly. Having a solid plan in place will help you concentrate on keeping things in order vs. answering an extra hundred phone calls. Because a community that communicates is a winning community! Michelle mcollett@srccr.comCollett or 800.460.0622
Continuity
6. Develop your Network: Don’t wait until the last minute to have your resources programmed into your cell phone. Establish relationships with plumbers, electricians, snow removal companies and restoration firms now. It’s best to even pre-qualify them. That way, there are no surprises during an emergency.
3. Team Captains: Get the residents involved. Ask them to work with you to inform neighbors. They can assist by posting informational flyers on bulletin boards. This will be a tremendous help, especially when you are trying to coordinate contractors. Use these team captains to help alleviate some of the resident phone calls asking “when is the room going to be dry.” Do you see the theme? Ring. Ring.
2. Social Media: If you don’t have Facebook or Twitter, now is the time. You can post updates, warnings, plow schedules, etc. The goal is to eliminate some of the phone calls.
Paint it: Brighten the whole house by painting the walls and trim. If you’re selling your home, be sure to choose a neutral color. Also, don’t use too many different colors and stay away from dark hues; these only make your home look and feel smaller.
Deep clean: Now that your home has less clutter, give it a good cleaning. You’ll feel like you live in a brand new place!
Whether you’re getting ready to put your house on the market, or you just want to make some updates for yourself, there are always home improvements that need to be done. And let’s face it, home improvement projects can be expensive and add up quickly. We’ve compiled a list of seven easy and affordable projects that will increase your home value.
De-clutter: Make your home feel light and airy by getting rid of the extra knick-knacks and things that just take up space with no real purpose. By consigning them or having a garage sale, you could add to your home improvement fund!
Small hardware: Just like the light fixtures, replacing small hardware items like kitchen and bathroom cabinet knobs will make a world of difference. You don’t have to invest in fancy, expensive hardware, just look for something that is bright and modern.
Home Improvement Projects on a Budget
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Light fixtures: Replace outdated and worn light fixtures, fans and light bulbs. If it’s too expensive to replace them all at once, start with one room and go from there. The change will be more impactful than you think and it will be money well spent.
Fix the front door: A coat of paint or stain, or even a few hundred dollars for a new door, could make all the difference in the curb appeal of your home. This may also apply to other doors in your home, so take a look at what needs to be done and make updates accordingly. Whatever your budget is, there are many projects you can tackle around the house that make a big impact on a budget. And you don’t have to take them all on at once. Go around your home and make a list of things that need to change, and things you want to change. Then, prioritize your list, set a budget and take each project on one at a time.
Re-grout your bathrooms: Grout will wear more quickly than you think. As soon as you see cracks, consider a re-grouting project. It’s affordable and not a huge undertaking. This small update can also give the bathroom a much-needed freshening up.
• Use a cool, wet washcloth, sponge, or ice pack to dab the victim’s neck, face, and joints.
• Watch the weather channel or sign up for weather alerts with your local security service to stay informed of rising temperatures and potentially dangerous conditions.
• Avoid spending time in a closed, parked car. If you observe someone who appears to be unconscious inside a closed vehicle, alert the nearest emergency worker or security officer immediately.
• Try to stay inside an air-conditioned building. If your home does not have air conditioning, go to a public building (e.g., library, recreation center, or shopping mall), or contact your local security company to find a nearby heat-relief shelter.
Prevent Overheating
• Heat exhaustion may be present when a person has cool, clammy skin and feels lightheaded, weak, or nauseous.
• Take the victim inside to recline and relax in a cooler environment.
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• When temperatures soar, wear light, ventilated clothing; moisture-wicking shorts and short-sleeved t-shirts are ideal. Also, avoid dark clothing. Clothes in light colors won’t attract sunlight like darker colors will.
• It is important to remember that young children and the elderly are most at risk from heat illness and should be regularly monitored during hot weather.
• Use a sunscreen with an SPF of 30 or higher, and reapply every two hours during extended activities outdoors and after sweating or swimming. Wear a wide-brimmed hat and sunglasses for extra protection.
• Drink plenty of fluids; water and sports drinks are the best source of hydration. Avoid alcohol and sugary beverages, as they can actually lead to dehydration.
The hottest part of the year is prime time for outdoor activities, ranging from family barbeques to baseball games at the ball park. Fun in the sun, however, can quickly lead to overheating and a wide range of dangerous, heat-related illnesses. Every year in the United States, there are hundreds of heat-induced fatalities that could have been prevented. Once victims realize they are overheated, it’s often too late to escape heat sickness. Use the tips below to stay safe in hot weather and treat overheating, so the sun stays fun for you and your family.
• Encourage the victim to drink small sips of water, a sports hydration drink, or juice.
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• Heat cramps – intense cramps in the legs or abdomen – and substantial sweating are common symptoms of overheating.
• Overheating is the cause of many illnesses and conditions. Learn to recognize the signs that you or someone around you may be overheating, and take action immediately.
• Call 9-1-1 or alert a nearby security officer if you see no improvement.
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• Heat stroke is the most serious of heat illnesses. Signs of heatstroke include headache, high body temperature (106º F or higher), rapid pulse, or even unconsciousness. Seek medical help as soon as possible – when the symptoms are severe, any delays can be fatal.
Identify Symptoms of Overheating
• Remove or loosen clothing for more ventilation, and fan the victim to create increased air flow.
Treat Someone Who Is Overheated
• When exercising outdoors, take 15-minute breaks every so often in an air-conditioned location, or rest in a shaded spot while you rehydrate and cool down.
38 • CONTACT, SUMMER 2017
41 • CONTACT, SUMMER 2017 StructuralRoofExpansiveBalconies/PatiosSoilsDefectsandFoundation Defects Water Intrusion All Other Construction Defect Claims GAME DAY EDITION
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40 • CONTACT, SUMMER 2017 PAINTING. QUALITY. PEACE OF MIND.
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Many companies offer themed equipment. Just about anything you can think of is possible on a playground. We have seen many themed playgrounds such as; sea ships, dragons, space ships, tree houses, pumpkins, animals, and castles.
Are you using the equipment to help children get in better shape? Playgrounds can help with physical fitness for our children by including more upper body elements and movement equipment. What type of surfacing do you want?
Do you want natural elements?
Our hope is that by providing you with detailed information, you will go forward and positively change the world. If you have questions or comments, or if you would like to share your thoughts, please contact us. Now PlaySafe and live well!
What is the age group of the children?
How many children will be using the playground?
43 SUMMER 2017
We have seen far too many playgrounds that were designed for less children than are currently using them. Always allow for growth of your programs and neighborhoods.
What are your maintenance capabilities?
If you build it they will come. Can you keep your playground maintained to a safety compliant level?
Trees, grasses, water, and other aspects of nature are vital to our children’s growth. If you are going to include them in your playground you should research how and when to use these types of elements.
Do you have children with special needs?
6-23 month, 2-5 year, and 5-12 year old children all have different needs and you need to design the playground for who is going to use it. We see many, many playgrounds that are being used by children for whom equipment was not intended.
All of us need some help sometimes and we should create playgrounds that everyone can use. Examples of unique design issues we have seen are; children with hearing impairments sometimes have hearing aids that can be damaged by the static electricity on plastic parts of playgrounds; some kids need a break from the activity and movement and quiet areas should be designed into playgrounds
Do you want your playground to be themed?
There are many benefits and drawbacks to different types of surfacing. You must think of the experiences you are trying to provide before picking the type of surfacing you will use. There are many other specific questions that you will need to ask about your playground. A key component to having a correct playground is to have deep, meaningful discussions and thoughts prior to designing, purchasing, and installing the new playground. Please also keep in mind your maintenance and supervision capabilities. Remember, just like with any large purchase (for example, your car), you must take the time to ask yourself a lot of questions and provide honest answers. You will have this playground for a long time! One final question you should ask is: Did I do everything within my power to try to keep the children that are using the playground I designed safe? PlaySafe and Live Well!
• CONTACT,
Is Your Playground Designed for Your Specific Needs? It Can and Should Be!
Do you want to have a corporation, organization or individual to have the opportunity to get their name out on your playground in a way that provides you with revenue?
By Butch DeFillippo PlaySafe, LLC
I(Butch) have few regrets from my years of working for municipal governments, but I do have a silly one to share with you. As a Superintendent of Parks, I was tasked with designing and developing over ten parks’ playgrounds that we had received funding for from a Class Action suit against a local developer. I met with community members and staff and had a rewarding time completing this task. The final park I was to coordinate the playground project for was Rainbow Park. I met with the community and staff and chose exciting pink and gray equipment. After we had installed the equipment we had a grand opening where the Director of Parks and Recreation came over to me and asked: Why is this equipment not multi colored? This is Rainbow Park. To Quote Charlie Brown - UGH! When our staff meet with many of our clients to discuss their new playground, they often do not understand the variety of choices that are available to them. End users should ask themselves many questions prior to purchasing playground equipment and surfacing. Examples of good questions can be: Where are you going to install the playground? Is it near a beach? The area around beaches causes metal equipment to rust very quickly. You may wish to use more plastics or composite materials. Is it in the sun in the southern part of the United States? It is very hot in some areas and all parts of the equipment can become hot enough to severely burn a child. You may want to provide shade. Is it in the woods and you want the playground to blend in? You can have equipment made that can not only look like a tree but has the same color and bark as the trees in your area. Is the playground going to be used to identify your location? Is your marketing going to show the playground as your show piece? Many childcare centers, schools, and parks use playground photos in descriptions of their facilities in their online examples or brochures. Are you going to use your playground as a money maker?
42 • CONTACT, SUMMER 2017
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1. Find the “right” race – Make sure you establish a goal that, upon completion, will get you where you want to be. Ask yourself “What do I want?” Pick something you are passionate about, as it makes the rest of the steps a little easier. No matter the goal, from professional to personal, choosing (and sticking with) the right “race” is necessary to win.
Winning –It’s About the Journey and the Result
– Arnold Palmer calls, homeowners, vendors…the list goes on. Additionally, while it is always best to be surrounded by people who support and encourage you, the reality is you can’t always control your surroundings. A negative co-worker, a disagreeable client, an unknown setback can pull you away from the course. Don’t waste time and energy on anything that stands in the way of the goal. Life is a game filled with disappointments and setbacks, but those who finish the race learn to keep pushing forward – no matter how dark the path may get.
44 • CONTACT, SUMMER 2017
6. Finish the race – The only way to win is to finish. Unfortunately, staying in the “race” isn’t easy – it is trying and frustrating and hard. It is much easier to quit, to “throw in the towel,” to give up. But, as Walt Disney put it, “The difference in winning and losing is most often… not quitting.” The “race” may take a new route, and you may find there is more uphill than down, but the journey, the pain, the triumph, is all worth it once you find the finish line. A “race” can lead you to unexpected and wonderful things, but it requires a strategy to complete. Focus on the good, learn from the bad, and grow and continue through to the next “mile.” Because, no matter how bad, hard, great or wonderful the current mile may be, there is always a next mile.
By Shawna D. Dalrymple, Associate Attorney Roberts Markel Weinberg Butler Haley PC www.rmwbhlaw.com
4. Embrace failure – Winning doesn’t happen without losing. The best teams of all time lost. The best players, no matter the sport, had bad games, matches, days. However, those teams, those players, they didn’t let the failure define them –they learned from their mistakes, they implemented changes in their techniques, and started the fight again. Winners don’t give up when an obstacle gets in the way of reaching the end – they find a way to work around those obstacles to proceed on the path. See a failure as the opportunity to learn, grow and discover a new, although different, path to the finish.
“Winning isn’t everything – but wanting it is.”
5. Ignore the distractions/distracters –Each day we are faced with distractions –family, friends, the internet, emails, phone
Everything you do, whether it is for work or play, is a part of the game called “Life.” You prioritize and manage all the internal and external things, both good and bad, which occupy the hours of your day - work, family, interests, hobbies, passions – like chess pieces on a board. You analyze and determine your best course of action for everyone in your life – clients, children, parents, subordinates, superiors – to optimize the reward, whatever that may be: money, love, praise, gratitude. You strive for the best. You increase more than you decrease –“win” more than you “lose”. Throughout the process, you “get knocked down” but you get back up and “fight another day.” It is that type of fortitude and strength that makes members of the community association industry great – the ability to advise, address, and assist in difficult and unusual situations for the benefit of the entire community. To “win” at the game of life, whether professionally or personally, you must have a “winning strategy.” In establishing a “winning strategy,” here are some pointers for the “game plan”:
2. Fortitude for the entire “race” – Once you figure out the goal, you have to set up a plan to accomplish it. The “race,” if a good one, will require determination, focus, grit. You will have to research and investigate. Obtain an understanding of the necessary requirements to finish the “race.” Analyze each “mile,” establish a plan for finishing that mile – break it down inch by inch if you have to. Write the plan down, set dates for each “inch” completion, ask friends/family to hold you accountable. Make post-it notes. Remember why you started the “race” – say it out loud – daily if 3.necessary.Begin(and end) with character – The path through the “race,” not the finish, is the reason you run. The people you meet, the struggles you face, the unknown obstacles which arise that test your resolve enhance and enrich the “race.” Face those things with character, resolve, selfrespect. Don’t cut corners, don’t take the “Easy Street.” Because at the end, should you finish, you want to be proud of your accomplishment and your journey.
47 • CONTACT, SUMMER 2017 GAME DAY EDITION
A solid foundation of procedural knowledge can enhance leadership’s credibility, produce shorter and more productive meetings, and enable legitimate follow-up actions instead of questionable or illegal next steps.
Think of the president as a mediator in many respects; he or she is the guiding force who prevents 30-minute monologues from derailing the agenda and detracting from the focus of each critical item. The president is the official who ensures that discussions don’t deteriorate and groups don’t get mired in gossip sessions. The goal of focused discussion is to build consensus among all board members on solutions that address issues in the community.
2. Execute the Agenda
So where do community associations import this foundational knowledge? Interestingly, associations are subject to the principles and rules of Robert’s Rules of Order. Members who act contrary to the rules they have adopted can be held liable for their actions.
Football coaches review game film with their players to show what the team accomplished and what needs improvement. Similarly, if a board meeting takes place without someone meticulously recording the minutes, it becomes difficult to operate the association and improve the community. According to bylaws, the secretary of the association is responsible for recording minutes of all meetings, unless the board arranged for this responsibility to be handled by the community manager or an administrative assistant. The original copy of all minutes and resolutions should be signed by the secretary. They should be distributed with action items and dates for follow-up prior to the next board Oncemeeting.your
This is the advice we share with our clients:
34 • CONTACT, Spring 2017
1. The Pregame Plan Preparation and planning are critical for successful meetings, especially with a full agenda, or a critical issue that needs to be deliberated. Preparation reduces problems and surprises. For most associations, Texas law requires that a notice of a board meeting be sent at least 72 hours prior to the meeting. We suggest sending the notice by email, posting the same notice on the association website, and posting signs in public spaces so that members have ample opportunity to learn about the meeting and prepare their contributions to it. Board members should receive and review the agenda and other pertinent materials at least five days before the meeting. The scenario is similar to preparing a football team to play. Would you provide the players an hour to study the game plan, or several days?
Your Playbook to Run a Productive Homeowners Association Board Meeting
It isn’t just the potential liability that helps to maintain order; it is the power of suggestion. Because the association has wellconceived regulations in place, order is the standard expectation of everyone on the board and in attendance. For this reason, we advise presiding officers to make every effort to learn the essentials of parliamentary procedure. Association leaders should become familiar with Robert’s Rules of Order to regulate meeting procedures.
As a manager, how do you help prepare the president for their role? We recommend borrowing another concept from football –the game clock. Enforce time limits on the agenda items to keep speakers on point and on time. Start times for agenda items and speaking time limits enable you to give the appropriate amount of time to each agenda item and finish the meeting on time.
by Rob Koop, AMS®,CMCA®, RegionalPCAM® Vice President, CMA (RTI, Community Management Associates, Inc.)
Homeowners association board meetings commonly run over schedule, get sidetracked, or fail to cover all of the ground established in the agenda. Ensuring that board meetings run according to plan requires an understanding of what makes a board meeting productive and trouble-free.
4. Capture the Minutes – Your “Game Film”
"Ensuring that board meetings run according to plan requires an understanding of what makes a board meeting productive and trouble-free. "
association has assigned the roles described in this article, it takes just a little bit of practice to get your board meetings consistently running productively, trouble-free, and on schedule.
The president of the board is tasked with the responsibility of keeping the discussion focused squarely on association business.
3. Avoid Penalties - Play by the Rules of Order
comingsoon
49 • CONTACT, SUMMER 20176
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48 • CONTACT, SUMMER 2017 All of our studies nowForeSiteinclude™ Serving you from our new Texas office. (800) 221-9882 2017 TCAA Chili Cook-off
51 • CONTACT, SUMMER 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. GAME DAY EDITION
50 • CONTACT, SUMMER 2017 2017 CAI Golf Tournament
david@247pmm.com(972)664-9878
CommunityMr.oscar.pedrajo@pminorthdallas.comDonRosicsAssociationVolunteer
Ms. Tiffany Tononi Public Interest Affiliate tiffanyt@plano.gov(972)208-8150
(214)378-1112
IndividualMs.propertymgr@vcmtexas.comShawnaMatthewsManager (972)612-2303 (3157)
Mr. Charles R. Foster, CMCA, AMS Individual ServiceMr.charlesrfoster@icloud.com(940)665-1055ManagerDavidPattersonProvider (480)473-3282
Individual Manager
Mr. Stacey Everett Service Provider (214)717-1620
CommunityGretchenTony@worthross.comHolmquistAssociation
http://www.bpmiproperties.comgina.bender@bpmiproperties.com
IndividualMr.civy@mvs-dfw.comDavidRossManager (817)294-5858
IndividualMs.maryb@neighborhoodsplus.comPatriciaMillerManager (214)272-4136
New DFW CAI Members
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Mr. Matthew Thomas Janes, III Individual Manager (469)323-7460
ServiceMr.http://www.letterstream.comdpatterson@letterstream.comDeanStrommeProvider http://www.malarkeyroofing.comdstromme@malarkeyroofing.com(972)832-3940
AttorneyMr.http://www.bensonpc.comksharrow@bensonpc.comGregoryS.Cagle,Esq. (512)387-8291 gregory.cagle@cchlaw.com
IndividualMs.aphilpot@principal-mgmt.com(214)368-4030IndividualMs.mmakin@principal-mgmt.comAmandaPhilpotManagerKristiRogersManager (214)265-6487 krogers@principal-mgmt.com
IndividualMrs.http://www.sunnylandfurniture.commargaret@sunnylandfurniture.comLeaCrowManager (817)294-5858 (5)
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Mr.propertydept@vcmtexas.comLarryAndrewGinechese, II Service Provider (972)232-3497
IndividualMs.lcrow@mvs-dfw.comCatherineIvyManager (817)294-5858
CommunityMs.gretchen@gretchenholmquist.comLeslieMerrellAssociationVolunteer (214)796-5371
IndividualShaneapropertymanager@vcmtexas.comGrisbyManager (972)612-2303 (3166)
(214)205-7592
ServiceMs.www.aus.comstacey.everett@aus.comWhitneyDelacruzProvider (972)231-6395
Mr.drosics@ibtx.comDavidCovington, CMCA
(972)532-7435
53 • CONTACT, SUMMER 2017
CommunityMr.b.braden@sbbmanagement.comTonyDiaz,III,CMCAAssociationVolunteer
Volunteer (214)298-9978
IndividualMs.rhouse@principal-mgmt.com(214)368-4030IndividualMr.http://www.mbcontractorservices.commike@mbcservllc.comReidHouseManagerMondayMakinManager (817)371-6849
IndividualMrs.matt.janes19@gmail.comBrandiMChavesManager (972)881-7488 ServiceMrs.brandi.chaves@gmail.comAliciaLeeProvider (972)494-1600 www.globusmanage.comalee@globusmanage.com
IndividualMrs.dross@mvs-dfw.comTracieRossManager (817)295-1828
barbara@worthross.com(214)496-0200IndividualMs.www.vrmco.comlginechese@vrmco.comBarbaraCashManager
Ms. Suzanne Frish, CMCA Individual Manager (214)526-7711 suzanne.frish@gmail.com
IndividualMrs.http://www.associationdues.net/lmanion@adac.us.com(586)294-2322ServiceMrs.pmiller@asihhi.comLynnManionProviderGinaBenderManager
Mrs. Margaret Batson Service Provider (972)239-3716
InsuranceMr.http://www.ameritexguardservices.com/wdelacruz@ameritexgs.comTaylorBacotProvider (713)358-5212
Mr. Michael Barbieri Service Provider (214)548-1537
IndividualMs.Taylor_Bacot@AJG.comMaryBurgerManager (214)272-4136
Ms. Karli IndividualSharrowManager 720-749-3513
ServiceDanieltracier@mvs-dfw.comDuttonProvider (972)325-1010
(972)735-7320
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Individual Manager (972)960-2800 (471)
Ms. Jessica Mary Clark Individual Manager (972) jessicaclark327@me.com342-0534
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IndividualMissmanagement@vcmtexas.comRachaelWilsonManager (972)612-2330 (3155)
right to reject any adver sing contract or inser on for any reason. 5
52 • CONTACT, SUMMER 2017
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. 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. 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. Contact is mailed to over 500+ ac�ve members each quarter. the
An Ar cle?
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How Do I Adver se? Size Dimensions Rates (per issue) Members Non-Members 1/8th Page 3.625w x 2.325h $100 $125 1/4 Page 3.625w x 4.875h $175 $250 1/2 Page (vert.) 3.625w x 9.875h or $250 $325 (horiz.) 7.5w x 4.875h Full Page 7.5w x 10h $375 $475 Inside Front Cover 7.5w x 10h (4 Available) $425 N/A Inside Back Cover 7.5w x 10h (4 Available) $425 N/A Outside Back Cover 7.5w x 6h (4 Available) $500 N/A Buy Two or Three Issues & Receive a 5% Discount! Buy All Four Issues & Receive a 10% Discount!!! Posi oning of adver sing is at the sole discre on of the Editor. Preferred posi ons may be available—inquire for availability and price. Cancella ons or changes of orders are not accepted a er the closing date. If proofs are not furnished, reproduc ons and registra on quality is at the adver ser’s risk. Adver ser and adver sing agency assumes liability for all content including text representa on and illustra ons of adver sements printed and also assumes responsibility for any claims arising there from made against the publisher. The publisher reserves
Renewed Members
Mr. Houston Munroe, CMCA, AMS Ms. Virginia Townley, CPM CCIM Mr. Colby Gschwend, CMCA Mr. Jody Waggoner Ms. Janett McMillan Mr. Jim LaRue Mrs. Nicole Zaitoon, CMCA Mr. Greg Goree Ms. Meg Rohrt, CMCA, PCAM Mr. John Krueger Ms. Lisa Kay O’Neill, AMS, PCAM Mr. Brian Wiedenhoeft Mr. D. Jeff Canady Mr. Chad Fuller Ms. Vickie Johnson, CMCA, AMS Mrs. Laurie Knight Tinsley, CMCA, AMS, PCAM Mrs. Jena Abernathy Ms. Mary Michele Harris, CMCA, AMS, PCAM Ms. Alice M. McKee, CMCA, AMS, PCAM Ms. Rebecca Tarpley, CMCA Ms. Maria Cardoso Mr. Gary Josephson, CMCA, AMS Ms. Janet Stern Ms. Lynsey Ann Huber Ms. Barbara Clark, CMCA, PCAM Ms. Linda Neel Mr. Roberto Miranda Mr. Gus Staats Ms. Chelsea Faxon Ms. Cindy Huey Ms. Susan Ward-Freeman Mr. Nathan Watson Mr. Larry D. Duke Mr. John Hammersmith, CMCA, AMS, PCAM Mr. Greg Barnett, CMCA, AMS, PCAM Mr. William F. Crawford, CMCA Mrs. Suzanne M. Smith, CMCA, AMS Ms. Danielle Lascalere, CMCA, AMS Mr. Chris Gonzalez Ms. Jennifer Kaye Barnes Ms. Beverly Coghlan, CMCA, AMS, PCAM Ms. Jennifer Anne Farley, CMCA, AMS Ms. Teena Solomon, CMCA Mr. Patrick Nolan Mr. Jim Nolte, CMCA, AMS, PCAM Mr. Dustin Neyra Mr. Bill White Mr. Richard Nelson, AMS, PCAM Ms. Melody Poulos Mrs. Jennifer Harper, CMCA, AMS, PCAM Ms. Janel Dolan Jones Ms. Consuelo Lopez, CMCA, AMS Ms. Joy L. Maxfield, CMCA, AMS, PCAM Mrs. Shawn Smith Mrs. Tameka Ebonee Jackson Mr. Robert Walter Clark, III Ms. Sharon L. Walters Mrs. Huyen Thu Reed Mrs. Jennifer Martinez Mr. Chris O’Neill Mr. Dale L. Smith, CMCA Mr. Marc D. Markel, Esq. Mr. Ryan South Mr. Fred Shapiro, PCAM Mr. Billy Weaver Mr. Craig Lengyel Mr. Terrill Overstreet
Mr. James Heck, II, CMCA, AMS, PCAM Ms. Brenda S. Howard, CMCA, AMS Stacy R. Mcgrath
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55 • CONTACT, SUMMER 2017
EDITION
Ms. Willena D. Hendley Ms. Susan Garrett Ms. Kaye Welch Mr. William Rathburn Mr. Jeff Hilz Board Member Ms. Shauna D. Thomas, CMCA Ms. Vicki Abbott Ms. Lisa George Ms. Catherine Bazan, CMCA Ms. Deb Beaston, CMCA Ms. Kathleen E. Epperson, CMCA, AMS, PCAM Mr. Fines Oliver Roberts, CMCA, AMS Ms. Debbie Sanderson, CMCA, AMS Mr. Randall Etheridge, CMCA, AMS Ms. Susan Anne Blevins, CMCMs. Willena D. Hendley Ms. Susan Garrett Ms. Kaye Welch Mr. William Rathburn Mr. Jeff Hilz Board Member Ms. Shauna D. Thomas, CMCA Ms. Vicki Abbott Ms. Lisa George Ms. Catherine Bazan, CMCA Ms. Deb Beaston, CMCA Ms. Kathleen E. Epperson, CMCA, AMS, PCAM Mr. Fines Oliver Roberts, CMCA, AMS Ms. Debbie Sanderson, CMCA, AMS Mr. Randall Etheridge, CMCA, AMS Ms. Susan Anne Blevins, CMCA Ms. Brandi Head, CMCA Mr. Ed Laskey, CMCA, AMS, PCAM Ms. Margie A. Maxwell Mr. Justin Dilley Mr. Gregory S. Cagle, Esq. Mr. Casey Arnett Mr. Todd Davidson, CMCA, AMS, PCAM Mr. Scott A. Young Mr. Brady Vincent Mr. Jeff Higgins Mrs. Alanna Campbell, CMCA Mr. John Paul McLaughlin, CMCA Ms. Stephanie Y. Gantt, CMCA, AMS Ms. Dawn Young, CMCA, AMS, PCAM Ms. Tracy Fleming Mrs. Andrea
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54 • CONTACT, SUMMER 2017 GAME DAY
57 • CONTACT, SUMMER 2017 GAME DAY EDITION
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2017 CAI Annual TournamentBowling Thursday, August 17, 2017 5:00pm –3805BOLWMORWhere:8:00pmLanesBeltLineRoad October Members Luncheon Wednesday, October 11, 2017 11:30 a.m. - 1:00 p.m. Brookhaven Country Club Annual Diva’s Cup Friday, October 20, 2017 11:00 a.m. - 5:00 p.m. Where: The Practice Tee 3570 Waterview Pkwy 2017 Expo and Trade Show Wednesday, September 27, 2017 8:00 am –Where:4:00pm Plano Events Centre 2000 East Spring Creek Parkway 2017UPCOMINGEVENTS Sept Oct
56 • CONTACT, SUMMER 2017 Jul Aug Aug M-201: Facilities Management Thurs., July 20, 2017 8:30 am - 5:30 pm Fri., July 21, 2017 8:30 am - Noon (1.5 days
DoubleTreeWhere:total)Dallas-CampbellCentre8250N.CentralExpwy.
August Members Luncheon Wednesday; August 9, 2017 11:30 a.m. - 1:00 p.m. Brookhaven Country Club M204: Community Governance Thursday and Friday August 10-11, 2017 9:00 am - 5:00 pm, Both Days (2 days
takethatto the bank. Withcommunityassociationlendingexpertiselikeours, you’llgetthejobdoneright. OliviaHurtado RegionalAccountExecutive 214-717-2718 TollFree866-800-4656,ext.7567 olivia.hurtado@mutualofomahabank.com mutualofomahabank.com AFN45863_0813 MemberFDIC EqualHousingLender
