Community Contact | Winter 2018

Community

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

www.dfwcai.org

Winter 2019

Protecting your largest investment and your peace of mind for years to come?

Challenge accepted.

Secure your community’s future with national resources and local expertise.

The most successful associations know that fair governance, responsible budgeting and community maintenance are the cornerstone of sound community management because they understand that focusing on these core initiatives is vital to protecting—and even raising—the value of their largest investment: their home.

It takes more than just a provider to deliver the core services and customized solutions necessary to keep a community functioning at the highest level – it takes an experienced partner.

Associa’s national resources and local expertise have uniquely positioned us to help you accomplish your community’s goals. Top-tier management, bulletproof finances, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified team members are committed to being your trusted advisors every step of the way. You deserve a team that has seen it all and is ready to help your community achieve its vision.

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

Associa is up for the challenge.

CONTACT US TODAY!

12700 Park Central Drive, Suite 600 Dallas, TX 75251 214.368.4030

9001 Airport Freeway, Suite 450 North Richland Hills, TX 76180 817.451.7300

www.associaonline.com Delivering unsurpassed management and lifestyle services to communities worldwide.

1• CONTACT, WINTER 2019

Protecting your largest investment and your peace of mind for years to come?

Challenge accepted.

Secure your community’s future with national resources and local expertise.

The most successful associations know that fair governance, responsible budgeting and community maintenance are the cornerstone of sound community management because they understand that focusing on these core initiatives is vital to protecting—and even raising—the value of their largest investment: their home.

It takes more than just a provider to deliver the core services and customized solutions necessary to keep a community functioning at the highest level – it takes an experienced partner.

Associa’s national resources and local expertise have uniquely positioned us to help you accomplish your community’s goals. Top-tier management, bulletproof finances, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified team members are committed to being your trusted advisors every step of the way. You deserve a team that has seen it all and is ready to help your community achieve its vision.

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

Associa is up for the challenge.

CONTACT US TODAY!

12700 Park Central Drive, Suite 600 Dallas, TX 75251 214.368.4030

9001 Airport Freeway, Suite 450 North Richland Hills, TX 76180 817.451.7300

www.associaonline.com Delivering unsurpassed management and lifestyle services to communities worldwide.

1• CONTACT, WINTER 2019

Community

CONTACT

12

What Property Owners’ Associations Need to Know Before Filing a Lawsuit

14

Dedicating 2019 to Preparedness

by Mia Lorick, Clayton Hearn, and Frank Carroll

19

Condominium Unit Buyer’s Check List, Due Diligence needed prior to purchasing in Condominium Association

By Joel W. Meskin, Esq., CIRMS, CCAL Fellow, MLIS

Comming Together to Preserve and Protect Our Watersheds Greg Blackham, Aquatic Specialist at SOLitude Lake Management

16

Member News 25 Upcoming Chapter Events 34 HOA Hotline Information 35 Membership Report 38 New Designations Reportq 40

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.

2 • CONTACT, WINTER 2019

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 publication should not be regarded as affecting the validity of any trademark or service mark.

Community

CONTACT

12

What Property Owners’ Associations Need to Know Before Filing a Lawsuit

14

Dedicating 2019 to Preparedness

by Mia Lorick, Clayton Hearn, and Frank Carroll

19

Condominium Unit Buyer’s Check List, Due Diligence needed prior to purchasing in Condominium Association

By Joel W. Meskin, Esq., CIRMS, CCAL Fellow, MLIS

Comming Together to Preserve and Protect Our Watersheds Greg Blackham, Aquatic Specialist at SOLitude Lake Management

16

Member News 25 Upcoming Chapter Events 34 HOA Hotline Information 35 Membership Report 38 New Designations Reportq 40

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.

2 • CONTACT, WINTER 2019

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 publication should not be regarded as affecting the validity of any trademark or service mark.

2019 BOARD OF DIRECTORS PRESIDENT Bruce Crawford, AMS, PCAM Insight Association Management, AAMC bcrawford@insightam.com

PRESIDENT-ELECT Kevin Cavanaugh Cavanaugh and Company, PLLC kcavanaugh@cavanaughcpas.com VICE PRESIDENT Anne Bernhardt Park Towers Condominium Association anneb972@gmail.com SECRETARY Chris Broach, CMCA, AMS, PCAM SBB Management, Company, AAMC c.broach@sbbmanagement.com TREASURER Robin Anderson Reconstruction Experts, Inc. robina@reconexp.com

been executed.

As 2019 is upon us, my tenure as your 2018 CAI Chapter President comes to a close. Since my arrival to CAI 8 years ago, I have had the privilege to serve on such an esteemed board in a fantastic industry.

The last 12 months have flown by. In this time, we have seen our membership grow, another successful expo and our committees flourish. It is rewarding to see all the tremendous initiatives that have

Entering 2019, the DFW CAI Chapter is positioned to continue with greatness. Turning the reigns over to Bruce Crawford, incoming President, he provides the type of steady leadership our CAI board has enjoyed for many years and I look forward to the wonderful things Bruce and the board have planned and will accomplish in 2019.

I would also like to thank James for providing me with insight, advice and guidance which provided invaluable during my tenure. I would also like to extend my appreciation to all the board. Working with such a passionate and committed group of professionals was truly an honor. This has been such an awarding experience. It has been a pleasure and I thank you all for the support you extended during my term. I look forward to completing my term on the board and continuing support the CAI DFW Chapter for many years to come.

2018 DFW CAI Chapter President Robin Anderson

John Shaffer john@summitparc.com Worth W. Ross, CMCA, AMS Worth Ross Management Company, AAMC worth@worthross.com

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

2018 DFW CAI Committee Chairpersons

SUPER SPONSORS

Ambassadors of Fun Olivia Hurtado Mutual of Omaha Olivia.Hurtado@mutualofomahabank.com

Cagle Carpenter Hazlewood Classic Construction & Restoration Classic Property Management Clean Scapes Landscaping Five Star Pools Lake Management Services McKenzie Rhody Orlando Group SBB Management Company, AAMC DIAMOND SPONSORS Paul Baker Insurance Company CCMC, AAMC CertaPro Painters RTI/Community Management Associates, Inc. “CMA”, AAMC Insight Association Management, AAMC Kilowatt Partners Neighborhood Management, Inc., AAMC Texas Disaster Restoration Worth Ross Management, Co. Inc., AAMC PLATINUM SPONSORS ACME Roof Systems, Inc. Blackmon Mooring / BMS CAT Brightview Landscape Services Globus Management Group Magnolia Fisheries and Lonestar Fountains Mutual of Omaha Bank Pavement Services The PlayWell Group Scarbrough, Medlin & Associates SOLitude Lake Management Timothy, DeVolt & Company, P.C. GOLD SPONSORS BB&T Association Services Benson Kerrane Storz & Nelson, PC Davis-Dyer-Max, Inc. Fannin Tree Farm Greener Pastures Landscape Henry Oddo Austin & Fletcher, P.C. Inspections R Us Pavecon, Ltd. RealManage Roberts Markel Weinberg Butler Hailey, PC Union Bank

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

MANAGEMENT

2018 ANNUAL SPONSORS

2019 DFW CAI Chapter President Bruce Crawford, AMS, PCAM

Community Affairs Committee Barbara Thomas, CMCA barbaramcthomas@gmail.com Membership Committee Cindy Martin, CMCA, AMS, PCAM SBB Management Company, AAMC c.martin@sbbmanagement.com High Rise Managers Forum (Co-Chairs) Worth W. Ross, CMCA, AMS Worth Ross Management Co., AAMC worth@worthross.com Expo Committee Betty Clarady Benson, Kerrane, Storz, & Nelson, PC betty@bensonopc.com Programming Committee Beverly Coghlan, CMCA, AMS, PCAM Neighborhood Management, Inc., AAMC beverly@nmitx.com Magazine Committee Betty Crudden, CMCA, AMS, PCAM SBB Management, Company, AAMC b.crudden@sbbmanagement.com Golf Committee Jeff Higgins McKenzie Rhody, LLP jhiggins@mrcdlaw.com

SILVER SPONSORS Alliance Association Bank Bob Owens Electric Co., Inc. Cornerstone Association Management Services Excel Association Management, Inc., AAMC Riddle & Williams, PC Singer Association Management Bob Owens Electric, Inc. Classic Property Management Cornerstone Association Management Services Singer Association Management Texas Disaster Restoration BRONZE SPONSORS Advanced Association Management, Inc. Allegra Marketing Print Mail The Blend Law Firm, PC Canady & Canady, PC Cavanaugh & Company, PLLC Kraftsman Playground and Park Equipment EDUCATION SPONSORS Greater Texas Landscape Pool Referees RBFCU Southern Botanical 5• CONTACT, WINTER 2019

2019 BOARD OF DIRECTORS PRESIDENT Bruce Crawford, AMS, PCAM Insight Association Management, AAMC bcrawford@insightam.com

PRESIDENT-ELECT Kevin Cavanaugh Cavanaugh and Company, PLLC kcavanaugh@cavanaughcpas.com VICE PRESIDENT Anne Bernhardt Park Towers Condominium Association anneb972@gmail.com SECRETARY Chris Broach, CMCA, AMS, PCAM SBB Management, Company, AAMC c.broach@sbbmanagement.com TREASURER Robin Anderson Reconstruction Experts, Inc. robina@reconexp.com

been executed.

As 2019 is upon us, my tenure as your 2018 CAI Chapter President comes to a close. Since my arrival to CAI 8 years ago, I have had the privilege to serve on such an esteemed board in a fantastic industry.

The last 12 months have flown by. In this time, we have seen our membership grow, another successful expo and our committees flourish. It is rewarding to see all the tremendous initiatives that have

Entering 2019, the DFW CAI Chapter is positioned to continue with greatness. Turning the reigns over to Bruce Crawford, incoming President, he provides the type of steady leadership our CAI board has enjoyed for many years and I look forward to the wonderful things Bruce and the board have planned and will accomplish in 2019.

I would also like to thank James for providing me with insight, advice and guidance which provided invaluable during my tenure. I would also like to extend my appreciation to all the board. Working with such a passionate and committed group of professionals was truly an honor. This has been such an awarding experience. It has been a pleasure and I thank you all for the support you extended during my term. I look forward to completing my term on the board and continuing support the CAI DFW Chapter for many years to come.

2018 DFW CAI Chapter President Robin Anderson

John Shaffer john@summitparc.com Worth W. Ross, CMCA, AMS Worth Ross Management Company, AAMC worth@worthross.com

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

2018 DFW CAI Committee Chairpersons

SUPER SPONSORS

Ambassadors of Fun Olivia Hurtado Mutual of Omaha Olivia.Hurtado@mutualofomahabank.com

Cagle Carpenter Hazlewood Classic Construction & Restoration Classic Property Management Clean Scapes Landscaping Five Star Pools Lake Management Services McKenzie Rhody Orlando Group SBB Management Company, AAMC DIAMOND SPONSORS Paul Baker Insurance Company CCMC, AAMC CertaPro Painters RTI/Community Management Associates, Inc. “CMA”, AAMC Insight Association Management, AAMC Kilowatt Partners Neighborhood Management, Inc., AAMC Texas Disaster Restoration Worth Ross Management, Co. Inc., AAMC PLATINUM SPONSORS ACME Roof Systems, Inc. Blackmon Mooring / BMS CAT Brightview Landscape Services Globus Management Group Magnolia Fisheries and Lonestar Fountains Mutual of Omaha Bank Pavement Services The PlayWell Group Scarbrough, Medlin & Associates SOLitude Lake Management Timothy, DeVolt & Company, P.C. GOLD SPONSORS BB&T Association Services Benson Kerrane Storz & Nelson, PC Davis-Dyer-Max, Inc. Fannin Tree Farm Greener Pastures Landscape Henry Oddo Austin & Fletcher, P.C. Inspections R Us Pavecon, Ltd. RealManage Roberts Markel Weinberg Butler Hailey, PC Union Bank

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

MANAGEMENT

2018 ANNUAL SPONSORS

2019 DFW CAI Chapter President Bruce Crawford, AMS, PCAM

Community Affairs Committee Barbara Thomas, CMCA barbaramcthomas@gmail.com Membership Committee Cindy Martin, CMCA, AMS, PCAM SBB Management Company, AAMC c.martin@sbbmanagement.com High Rise Managers Forum (Co-Chairs) Worth W. Ross, CMCA, AMS Worth Ross Management Co., AAMC worth@worthross.com Expo Committee Betty Clarady Benson, Kerrane, Storz, & Nelson, PC betty@bensonopc.com Programming Committee Beverly Coghlan, CMCA, AMS, PCAM Neighborhood Management, Inc., AAMC beverly@nmitx.com Magazine Committee Betty Crudden, CMCA, AMS, PCAM SBB Management, Company, AAMC b.crudden@sbbmanagement.com Golf Committee Jeff Higgins McKenzie Rhody, LLP jhiggins@mrcdlaw.com

SILVER SPONSORS Alliance Association Bank Bob Owens Electric Co., Inc. Cornerstone Association Management Services Excel Association Management, Inc., AAMC Riddle & Williams, PC Singer Association Management Bob Owens Electric, Inc. Classic Property Management Cornerstone Association Management Services Singer Association Management Texas Disaster Restoration BRONZE SPONSORS Advanced Association Management, Inc. Allegra Marketing Print Mail The Blend Law Firm, PC Canady & Canady, PC Cavanaugh & Company, PLLC Kraftsman Playground and Park Equipment EDUCATION SPONSORS Greater Texas Landscape Pool Referees RBFCU Southern Botanical 5• CONTACT, WINTER 2019

People are our passion.

Communities are our service.

Teamwork is our focus.

Access Your HOA - Anytime, Anywhere

AAMC®

Find us on

Accredited Association Management Company

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

6 • CONTACT, WINTER 2019

7 • CONTACT, WINTER 2019

People are our passion.

Communities are our service.

Teamwork is our focus.

Access Your HOA - Anytime, Anywhere

AAMC®

Find us on

Accredited Association Management Company

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

6 • CONTACT, WINTER 2019

7 • CONTACT, WINTER 2019

retail | office | mixed-use | multi-family | civic | education healthcare | lodging & hospitality

www.cleanscapes.net | info@cleanscapes.net 8 • CONTACT, WINTER 2019

9 • CONTACT, WINTER 2019

retail | office | mixed-use | multi-family | civic | education healthcare | lodging & hospitality

www.cleanscapes.net | info@cleanscapes.net 8 • CONTACT, WINTER 2019

9 • CONTACT, WINTER 2019

More members of the College of Community Association Lawyers than any other law firm in America

Gregory S. Cagle Josh Bolen

Lincoln Hobbs*

Curtis S. Ekmark* Scott Carpenter

James Hazlewood

Michael Nagle*

A Full Service Community Association and Business Law Firm Aggressive Enforcement | General Counsel | Collections | Construction Defects Litigation/Insurance Defense | Free Education | Legislative Advocates

Austin | Dallas | San Antonio Arizona | California | Colorado | Texas | Utah

CCHLaw.com | 877.336.0228 *Not licensed in Texas

10 • CONTACT, WINTER 2019

11 • CONTACT, WINTER 2019

More members of the College of Community Association Lawyers than any other law firm in America

Gregory S. Cagle Josh Bolen

Lincoln Hobbs*

Curtis S. Ekmark* Scott Carpenter

James Hazlewood

Michael Nagle*

A Full Service Community Association and Business Law Firm Aggressive Enforcement | General Counsel | Collections | Construction Defects Litigation/Insurance Defense | Free Education | Legislative Advocates

Austin | Dallas | San Antonio Arizona | California | Colorado | Texas | Utah

CCHLaw.com | 877.336.0228 *Not licensed in Texas

10 • CONTACT, WINTER 2019

11 • CONTACT, WINTER 2019

What Property Owners’ Associations Need to Know Before Filing a Lawsuit

By Mia Lorick, Clayton Hearn, and Frank Carroll

delegated to her. And, the court determined that there was no evidence of proper board action or delegation of power to the board’s president.

2. Chapter 209 of the Texas Property Code The court also looked to the Texas Property Code which governs Texas residential property owners’ associations. The court held that under section 209.0051(c) the association was required to hold an open meeting with the members of the association prior to initiating a lawsuit. Further, the court held that under section 209.0051(e), the members of the association were entitled to notice of the general subject matter of the meeting, including any matter to be brought up for deliberation in executive session. And, under section 209.0051(d), the court held that meeting minutes, of a vote approving the lawsuit, are required.

Because there was no open meeting, no notice to the members, and no meeting minutes showing that a vote occurred, the court concluded that there was no authority to file a lawsuit.

3. Ratification by Silence

Introduction Typically, if a property owners’ association wants to enforce a deed restriction violation in its community, it has the option, under its governing documents, to file a lawsuit to enforce the applicable restrictive covenants. Similarly, if a homeowner fails to pay her assessments, a property owners’ association may have the option to file a collection lawsuit to recover the past due assessments. But recently, the Dallas Court of Appeals issued a decision in Candle Meadow Homeowners Association v. Jackson, that details the actions an association is required to take prior to filing a lawsuit: otherwise the association runs the risk of the court dismissing its suit.

Candle Meadow Homeowners Association v.

Jackson In the Candle Meadow case, the president of a five-person board of directors had suspicions that three former board members “improperly used funds belonging to the HOA” while they were on the board of directors. Based on the suspicions, the board of directors voted and approved the hiring of an attorney to look into the suspicions, with the understanding that the board would consider the attorney’s findings and then decide whether to initiate a lawsuit. However, a year later, despite there being no vote, the board president emailed the attorney and stated that the board of directors voted to “start a lawsuit” against the three former board members. Notably, the other board members were not copied on the board president’s email to the attorney. In April of 2015, the attorney filed suit on behalf of the association against the three former board members. Clayton Hearn with our law firm was retained to represent the three former board members and provide a defense.

After discovery was conducted in the lawsuit, it became even more apparent that despite the board president’s representations that the board of directors voted to initiate the lawsuit, no vote occurred. Specifically, three of the people who were board members at the time the lawsuit was filed testified that while there were discussions about looking into certain allegations, 12 • CONTACT, WINTER 2019

there was never a board of directors vote as to whether to actually file a lawsuit.

Once it became apparent that the board president “approved” the lawsuit without a vote, the three former board members filed a motion to show authority under Texas Rule of Civil Procedure 12. Rule 12 states that any party in a lawsuit may file a motion stating that he believes the lawsuit is being prosecuted without authority.

A hearing was held on the motion to show authority in which a majority of the then-board of directors testified that there was no open meeting, as required by Chapter 209 of the Texas Property Code, there was no vote regarding the initiation of a lawsuit, and there were no meeting minutes reflecting a vote.

Based on the testimony and evidence before the court, the motion to show authority was granted and the association’s pleadings were stricken: effectively dismissing the lawsuit. The association filed a notice of appeal and the Dallas Court of Appeals considered the issue.

On November 14, 2018, the court of appeals heard oral argument on whether Candle Meadow Homeowners Association had authority to file a lawsuit against the former board members. Mia Lorick and Frank Carroll argued the appeal. The court issued an Opinion on November 27, 2018, finding that there was no such authority to file a lawsuit. In reaching its conclusion the court considered the following:

1. Chapter 22 of the Texas Business Organizations Code The court looked to statutes governing nonprofit corporations to determine whether a proper board of directors’ action was taken when it filed the lawsuit. Section 22.214 of the Texas Business and Organizations Code states that the act of the board of a nonprofit corporation is the act of the majority of the directors present in person or by proxy at a meeting in which quorum is present. The court noted that a corporation’s president cannot unilaterally authorize litigation unless such power is expressly

Although the court determined that there was no authority to file a lawsuit, the court next considered whether the board president’s actions were ratified by the other members of the board. Said another way, the court considered whether the other board members—through their silence and lack of objection— consented to the lawsuit. The court looked to the fact that the association’s attorney sent copies of the court filings and motions to all members of the board and no one asked him to dismiss the lawsuit.

But the court noted that silence and a lack of objection is only sufficient if the board members were made aware of all material facts relating to the lawsuit—they were not. Specifically, there was evidence in the record that board members were attempting to gain more information about the lawsuit from the board president, but she was unresponsive and failed to call them back. Because the other board members were not aware of all material facts related to the lawsuit, the court held that there was no ratification by silence.

Mia Lorick is an associate with the firm’s Litigation and Appellate sections.

Her practice focuses on general civil and complex commercial litigation as well as professional liability and labor and employment. Mia graduated from University of Houston Law Center.

Clayton Hearn is the managing Shareholder of the Dallas office.

Clayton has extensive litigation and appellate experience in the areas of employment, community associations, non-profit, directors and officers liability, and commercial litigation. He

Frank Carroll is a shareholder who practices in the firm’s litigation and appellate groups and has represented individuals and corporations in a variety of legal disputes ranging from catastrophic injury to complex commercial litigation. He graduated from University of Houston Law Center.

Accordingly, the court ruled in favor of the three former board members and found that there was no authority for the association to file suit against them.

Conclusion This case illustrates the trouble an association may run into if board of directors’ acts are not properly documented. If an association is taking an act that is outside its normal course of business—such as filing a lawsuit—then the association must (1) hold a meeting open to the association’s members, (2) properly notice the meeting pursuant to the provisions of the Texas Property Code, (3) include the general subject matter on the agenda for the meeting, (4) conduct a board of directors vote with quorum present, (5) ensure that the meeting minutes reflect any board action taken during the meeting, and (6) maintain documentation of such board action in the event that the authority to act is called into question.

While this case is out of the Dallas Court of Appeals, we anticipate it being cited throughout Texas in litigation initiated by property owners’ associations. So, make sure all requirements are met, otherwise you run the risk of your lawsuit being dismissed.

© 2019 ROBERTS MARKEL WEINBERG BUTLER HAILEY PC 13 • CONTACT, WINTER 2019

What Property Owners’ Associations Need to Know Before Filing a Lawsuit

By Mia Lorick, Clayton Hearn, and Frank Carroll

delegated to her. And, the court determined that there was no evidence of proper board action or delegation of power to the board’s president.

2. Chapter 209 of the Texas Property Code The court also looked to the Texas Property Code which governs Texas residential property owners’ associations. The court held that under section 209.0051(c) the association was required to hold an open meeting with the members of the association prior to initiating a lawsuit. Further, the court held that under section 209.0051(e), the members of the association were entitled to notice of the general subject matter of the meeting, including any matter to be brought up for deliberation in executive session. And, under section 209.0051(d), the court held that meeting minutes, of a vote approving the lawsuit, are required.

Because there was no open meeting, no notice to the members, and no meeting minutes showing that a vote occurred, the court concluded that there was no authority to file a lawsuit.

3. Ratification by Silence

Introduction Typically, if a property owners’ association wants to enforce a deed restriction violation in its community, it has the option, under its governing documents, to file a lawsuit to enforce the applicable restrictive covenants. Similarly, if a homeowner fails to pay her assessments, a property owners’ association may have the option to file a collection lawsuit to recover the past due assessments. But recently, the Dallas Court of Appeals issued a decision in Candle Meadow Homeowners Association v. Jackson, that details the actions an association is required to take prior to filing a lawsuit: otherwise the association runs the risk of the court dismissing its suit.

Candle Meadow Homeowners Association v.

Jackson In the Candle Meadow case, the president of a five-person board of directors had suspicions that three former board members “improperly used funds belonging to the HOA” while they were on the board of directors. Based on the suspicions, the board of directors voted and approved the hiring of an attorney to look into the suspicions, with the understanding that the board would consider the attorney’s findings and then decide whether to initiate a lawsuit. However, a year later, despite there being no vote, the board president emailed the attorney and stated that the board of directors voted to “start a lawsuit” against the three former board members. Notably, the other board members were not copied on the board president’s email to the attorney. In April of 2015, the attorney filed suit on behalf of the association against the three former board members. Clayton Hearn with our law firm was retained to represent the three former board members and provide a defense.

After discovery was conducted in the lawsuit, it became even more apparent that despite the board president’s representations that the board of directors voted to initiate the lawsuit, no vote occurred. Specifically, three of the people who were board members at the time the lawsuit was filed testified that while there were discussions about looking into certain allegations, 12 • CONTACT, WINTER 2019

there was never a board of directors vote as to whether to actually file a lawsuit.

Once it became apparent that the board president “approved” the lawsuit without a vote, the three former board members filed a motion to show authority under Texas Rule of Civil Procedure 12. Rule 12 states that any party in a lawsuit may file a motion stating that he believes the lawsuit is being prosecuted without authority.

A hearing was held on the motion to show authority in which a majority of the then-board of directors testified that there was no open meeting, as required by Chapter 209 of the Texas Property Code, there was no vote regarding the initiation of a lawsuit, and there were no meeting minutes reflecting a vote.

Based on the testimony and evidence before the court, the motion to show authority was granted and the association’s pleadings were stricken: effectively dismissing the lawsuit. The association filed a notice of appeal and the Dallas Court of Appeals considered the issue.

On November 14, 2018, the court of appeals heard oral argument on whether Candle Meadow Homeowners Association had authority to file a lawsuit against the former board members. Mia Lorick and Frank Carroll argued the appeal. The court issued an Opinion on November 27, 2018, finding that there was no such authority to file a lawsuit. In reaching its conclusion the court considered the following:

1. Chapter 22 of the Texas Business Organizations Code The court looked to statutes governing nonprofit corporations to determine whether a proper board of directors’ action was taken when it filed the lawsuit. Section 22.214 of the Texas Business and Organizations Code states that the act of the board of a nonprofit corporation is the act of the majority of the directors present in person or by proxy at a meeting in which quorum is present. The court noted that a corporation’s president cannot unilaterally authorize litigation unless such power is expressly

Although the court determined that there was no authority to file a lawsuit, the court next considered whether the board president’s actions were ratified by the other members of the board. Said another way, the court considered whether the other board members—through their silence and lack of objection— consented to the lawsuit. The court looked to the fact that the association’s attorney sent copies of the court filings and motions to all members of the board and no one asked him to dismiss the lawsuit.

But the court noted that silence and a lack of objection is only sufficient if the board members were made aware of all material facts relating to the lawsuit—they were not. Specifically, there was evidence in the record that board members were attempting to gain more information about the lawsuit from the board president, but she was unresponsive and failed to call them back. Because the other board members were not aware of all material facts related to the lawsuit, the court held that there was no ratification by silence.

Mia Lorick is an associate with the firm’s Litigation and Appellate sections.

Her practice focuses on general civil and complex commercial litigation as well as professional liability and labor and employment. Mia graduated from University of Houston Law Center.

Clayton Hearn is the managing Shareholder of the Dallas office.

Clayton has extensive litigation and appellate experience in the areas of employment, community associations, non-profit, directors and officers liability, and commercial litigation. He

Frank Carroll is a shareholder who practices in the firm’s litigation and appellate groups and has represented individuals and corporations in a variety of legal disputes ranging from catastrophic injury to complex commercial litigation. He graduated from University of Houston Law Center.

Accordingly, the court ruled in favor of the three former board members and found that there was no authority for the association to file suit against them.

Conclusion This case illustrates the trouble an association may run into if board of directors’ acts are not properly documented. If an association is taking an act that is outside its normal course of business—such as filing a lawsuit—then the association must (1) hold a meeting open to the association’s members, (2) properly notice the meeting pursuant to the provisions of the Texas Property Code, (3) include the general subject matter on the agenda for the meeting, (4) conduct a board of directors vote with quorum present, (5) ensure that the meeting minutes reflect any board action taken during the meeting, and (6) maintain documentation of such board action in the event that the authority to act is called into question.

While this case is out of the Dallas Court of Appeals, we anticipate it being cited throughout Texas in litigation initiated by property owners’ associations. So, make sure all requirements are met, otherwise you run the risk of your lawsuit being dismissed.

© 2019 ROBERTS MARKEL WEINBERG BUTLER HAILEY PC 13 • CONTACT, WINTER 2019

Dedicating 2019 to Preparedness As the New Year begins, there is no better time to sit down with your family to ensure that you are prepared in the event of an emergency. Start 2019 off the right way, with the peace of mind that you, and your family, are ready for any type of disaster.

Make a Plan Know the escape routes from your own home and discuss them with your family. If you have young children, draw them a map and post it inside their bedroom. Developing a plan for where your family should regroup, both inside your neighborhood and out, can help by quickly ensuring that everyone is safe and accounted for.

Protect Your Valuables Ahead of Time Spend time scanning important documents and family photos to the cloud and store the original documents in a safe deposit box.

Also consider keeping an extra copy on a flash drive with family or friends.

Start (or maintain) a list of serial numbers for your most important possessions. There are many apps available that can help you do this. It is also a good idea to photograph the rooms in your house and the contents of your closets. Scan any receipts you have from your existing possessions and make a copy for any new items you purchase for your home.

Keep Your Insurance Policy up to Date As your life changes, so should your insurance policy. Review your policy every year to ensure that you have adequate coverage. Even if you do not live in an area where you are required to buy flood insurance, many experts believe that every 14 • CONTACT, WINTER 2019

homeowner should consider getting coverage.

If you rent, make sure to purchase insurance – even if it is not required by your landlord. Be sure that the coverage for your possessions is sufficient. The important thing to remember is not to underestimate how much it would cost to replace your possessions.

Maintain Your Property to Prevent Disasters Don’t neglect cleaning your gutters or checking your roof for wear and tear every year. Keep trees properly trimmed in case of high winds and severe storms. You don’t want an unmaintained tree on your property to fall, as it could damage your roof or nearby vehicles.

Keep pipes insulated that face external walls in cold weather.

When temperatures fall below freezing, keep faucets dripping and cabinets open under your sinks. Know where to shut off your water or gas in the event of an emergency.

Have an Emergency Kit Plan to have at least three day’s worth of supplies for every person in your family. This kit should at least include a gallon of water (per person/per day), batteries, a flashlight, nonperishable food, battery backups for your cell phone, a first aid kit and medications.

Disasters can strike anywhere, anytime. As experts in the disaster recovery industry, Blackmon Mooring & BMS CAT understand the importance of preparing your family and property before a catastrophic disaster or other type of event occurs. The key to a successful recovery is pre-planning.

DISCOVER THE NEIGHBORHOOD DIFFERENCE NMI is an Accredited Association Management Company that has been expertly managing a variety of community associations, including master planned, single family, condos and townhomes, in the DallasFort Worth metroplex for nearly two decades.

We are dedicated to building better communities!

NeighborhoodManagement.com NMI@NeighborhoodManagement.com Beverly Coghlan, CMCA, AMS, PCAM Beverly@nmitx.com 972.359.1548 15 • CONTACT, WINTER 2019

Dedicating 2019 to Preparedness As the New Year begins, there is no better time to sit down with your family to ensure that you are prepared in the event of an emergency. Start 2019 off the right way, with the peace of mind that you, and your family, are ready for any type of disaster.

Make a Plan Know the escape routes from your own home and discuss them with your family. If you have young children, draw them a map and post it inside their bedroom. Developing a plan for where your family should regroup, both inside your neighborhood and out, can help by quickly ensuring that everyone is safe and accounted for.

Protect Your Valuables Ahead of Time Spend time scanning important documents and family photos to the cloud and store the original documents in a safe deposit box.

Also consider keeping an extra copy on a flash drive with family or friends.

Start (or maintain) a list of serial numbers for your most important possessions. There are many apps available that can help you do this. It is also a good idea to photograph the rooms in your house and the contents of your closets. Scan any receipts you have from your existing possessions and make a copy for any new items you purchase for your home.

Keep Your Insurance Policy up to Date As your life changes, so should your insurance policy. Review your policy every year to ensure that you have adequate coverage. Even if you do not live in an area where you are required to buy flood insurance, many experts believe that every 14 • CONTACT, WINTER 2019

homeowner should consider getting coverage.

If you rent, make sure to purchase insurance – even if it is not required by your landlord. Be sure that the coverage for your possessions is sufficient. The important thing to remember is not to underestimate how much it would cost to replace your possessions.

Maintain Your Property to Prevent Disasters Don’t neglect cleaning your gutters or checking your roof for wear and tear every year. Keep trees properly trimmed in case of high winds and severe storms. You don’t want an unmaintained tree on your property to fall, as it could damage your roof or nearby vehicles.

Keep pipes insulated that face external walls in cold weather.

When temperatures fall below freezing, keep faucets dripping and cabinets open under your sinks. Know where to shut off your water or gas in the event of an emergency.

Have an Emergency Kit Plan to have at least three day’s worth of supplies for every person in your family. This kit should at least include a gallon of water (per person/per day), batteries, a flashlight, nonperishable food, battery backups for your cell phone, a first aid kit and medications.

Disasters can strike anywhere, anytime. As experts in the disaster recovery industry, Blackmon Mooring & BMS CAT understand the importance of preparing your family and property before a catastrophic disaster or other type of event occurs. The key to a successful recovery is pre-planning.

DISCOVER THE NEIGHBORHOOD DIFFERENCE NMI is an Accredited Association Management Company that has been expertly managing a variety of community associations, including master planned, single family, condos and townhomes, in the DallasFort Worth metroplex for nearly two decades.

We are dedicated to building better communities!

NeighborhoodManagement.com NMI@NeighborhoodManagement.com Beverly Coghlan, CMCA, AMS, PCAM Beverly@nmitx.com 972.359.1548 15 • CONTACT, WINTER 2019

Coming Together to Preserve and Protect Our Community Watersheds Greg Blackham, Aquatic Specialist at SOLitude Lake Management Did you know that everyone on this planet lives in a watershed?

A watershed, defined, is any amount of land that collects water through precipitation and transports it to a common outlet.

That common outlet could be a stream, river, reservoir, lake or even a large bay like the Galveston Bay. A watershed is simply a term used to describe a transitional downhill area that water collects and flows through to reach its destination, including groundwater. The topography of the land, through elevated ridges, outlines the edge of each watershed, and small subwatersheds can combine to form larger watersheds. Everything we do affects our watershed and our watershed affects the quality of all life within it and beyond, which makes it critically important to understand our impact on surrounding waterbodies.

Water traveling through the watershed is altered in numerous ways throughout its journey. Surface runoff, creeks and ditches pick up all types of organic and inorganic materials. Harmful pollutants, like chemicals, fertilizers and waste are transported into streams and waterbodies throughout the entire watershed, negatively impacting all life along the way. Nutrient pollution, primarily by phosphorous and nitrogen, can disrupt natural life cycles and bio-diversity in every habitat that they touch by fueling the growth of nuisance aquatic weeds and algae that the ecosystem cannot naturally manage. For example, cyanobacteria, commonly referred to as blue-green algae, thrive on phosphorous-rich water and can form harmful, potentiallytoxic blooms that can endanger wildlife, pets and humans.

Exposure to Cyanobacteria has been linked to the development of degenerative diseases like ALS, Alzheimer’s and Parkinson’s disease.

Prior to heavy urban development and widespread industrialization, nature was able to clean and filter water through a long and stable process. Through soil infiltration, plant transpiration and evaporation, water was purified sufficiently to achieve a lasting balance. Development disrupts the process through soil removal, compaction and the addition of acres of hard, impervious surfaces that increase water velocities and erosive forces. As the world continues to develop, so has our understanding of this delicate balance. We have learned that we can manage surface water at various stages in its cycle, including each pond and lake along its journey, to make it much less disruptive when it enters into our rivers, reservoirs and bays. We have also learned that we have many opportunities to intercept and mitigate nutrient pollution long before it becomes catastrophic to our most precious resources, sanctuaries and livelihood through stormwater management techniques and facilities.

Lakes and ponds are one of the most critical points of interception in our watershed because they exist at locations where a lot of water is contained in a relatively small area and the speed of discharge can be regulated. These points offer the best opportunity to remove excess nutrients and sediment from the water with a large array of methods, including aeration, nutrient mitigation products, organic waste removal, biological augmentation (beneficial bacteria infusion), invasive species management, and sediment settling.

16 • CONTACT, WINTER 2019

Though extremely effective, sustainable lake and pond management is not the only way to proactively improve the output of our watershed. The following cultural practices can also prevent a lot of nutrient pollution and chemical translocation before impurities even have a chance to leave the community: • Use fertilizer without phosphorous and avoid overfertilizing. Different types of fertilizer serve different purposes, so be sure to follow the directions on the label for safe and proper application.

• Regularly rake and bag leaves, lawn clippings and organic waste to prevent them from flowing in to stormwater facilities and over-burdening pipes and conduits.

Stormwater Management: Proactive stormwater management techniques can help improve the health of a community watershed and the beauty of the surrounding ecosystem.

• Use environmentally-friendly detergents and cleaners when washing vehicles and pressure-washing houses.

Look for soaps that are formulated to be biodegradable.

• Create landscaping swales (natural filtering systems) around storm drains and impervious surfaces to prevent erosion and help intercept water. Native flowering vegetation, pebbles and river rocks serve as excellent infiltration media when lined along walkways, driveways and stormwater facilities.

• Deter pets and geese from entering waterbodies.

An adult Canada goose can produce up to 2 pounds of droppings each day, which may significantly increase nutrient levels in a short period of time.

• Improve lawncare and community gardening practices by planting vegetative buffers to help decrease soil and nutrient run-off.

It cannot be overstated how much watershed management determines the quality of life and the balance of nature. From direct impacts on crabbing, fishing and farming yields to property value, outdoor recreation and flood damage, watershed effects and consequences really are A to Z. Everyone should consider themselves a steward of water (and the environment in general).

Improving the water quality of nearby lakes, ponds, rivers and streams will go a long way in protecting regional assets and local wildlife—not to mention all the unseen positive effects down the road and into the future.

Greg Blackham is an Aquatic Specialist with SOLitude Lake Management, an environmental firm specializing in sustainable lake, pond, wetland and fisheries management solutions. Learn more about this topic at www.solitudelakemanagement.com/ knowledge.

17 • CONTACT, WINTER 2019

Coming Together to Preserve and Protect Our Community Watersheds Greg Blackham, Aquatic Specialist at SOLitude Lake Management Did you know that everyone on this planet lives in a watershed?

A watershed, defined, is any amount of land that collects water through precipitation and transports it to a common outlet.

That common outlet could be a stream, river, reservoir, lake or even a large bay like the Galveston Bay. A watershed is simply a term used to describe a transitional downhill area that water collects and flows through to reach its destination, including groundwater. The topography of the land, through elevated ridges, outlines the edge of each watershed, and small subwatersheds can combine to form larger watersheds. Everything we do affects our watershed and our watershed affects the quality of all life within it and beyond, which makes it critically important to understand our impact on surrounding waterbodies.

Water traveling through the watershed is altered in numerous ways throughout its journey. Surface runoff, creeks and ditches pick up all types of organic and inorganic materials. Harmful pollutants, like chemicals, fertilizers and waste are transported into streams and waterbodies throughout the entire watershed, negatively impacting all life along the way. Nutrient pollution, primarily by phosphorous and nitrogen, can disrupt natural life cycles and bio-diversity in every habitat that they touch by fueling the growth of nuisance aquatic weeds and algae that the ecosystem cannot naturally manage. For example, cyanobacteria, commonly referred to as blue-green algae, thrive on phosphorous-rich water and can form harmful, potentiallytoxic blooms that can endanger wildlife, pets and humans.

Exposure to Cyanobacteria has been linked to the development of degenerative diseases like ALS, Alzheimer’s and Parkinson’s disease.

Prior to heavy urban development and widespread industrialization, nature was able to clean and filter water through a long and stable process. Through soil infiltration, plant transpiration and evaporation, water was purified sufficiently to achieve a lasting balance. Development disrupts the process through soil removal, compaction and the addition of acres of hard, impervious surfaces that increase water velocities and erosive forces. As the world continues to develop, so has our understanding of this delicate balance. We have learned that we can manage surface water at various stages in its cycle, including each pond and lake along its journey, to make it much less disruptive when it enters into our rivers, reservoirs and bays. We have also learned that we have many opportunities to intercept and mitigate nutrient pollution long before it becomes catastrophic to our most precious resources, sanctuaries and livelihood through stormwater management techniques and facilities.

Lakes and ponds are one of the most critical points of interception in our watershed because they exist at locations where a lot of water is contained in a relatively small area and the speed of discharge can be regulated. These points offer the best opportunity to remove excess nutrients and sediment from the water with a large array of methods, including aeration, nutrient mitigation products, organic waste removal, biological augmentation (beneficial bacteria infusion), invasive species management, and sediment settling.

16 • CONTACT, WINTER 2019

Though extremely effective, sustainable lake and pond management is not the only way to proactively improve the output of our watershed. The following cultural practices can also prevent a lot of nutrient pollution and chemical translocation before impurities even have a chance to leave the community: • Use fertilizer without phosphorous and avoid overfertilizing. Different types of fertilizer serve different purposes, so be sure to follow the directions on the label for safe and proper application.

• Regularly rake and bag leaves, lawn clippings and organic waste to prevent them from flowing in to stormwater facilities and over-burdening pipes and conduits.

Stormwater Management: Proactive stormwater management techniques can help improve the health of a community watershed and the beauty of the surrounding ecosystem.

• Use environmentally-friendly detergents and cleaners when washing vehicles and pressure-washing houses.

Look for soaps that are formulated to be biodegradable.

• Create landscaping swales (natural filtering systems) around storm drains and impervious surfaces to prevent erosion and help intercept water. Native flowering vegetation, pebbles and river rocks serve as excellent infiltration media when lined along walkways, driveways and stormwater facilities.

• Deter pets and geese from entering waterbodies.

An adult Canada goose can produce up to 2 pounds of droppings each day, which may significantly increase nutrient levels in a short period of time.

• Improve lawncare and community gardening practices by planting vegetative buffers to help decrease soil and nutrient run-off.

It cannot be overstated how much watershed management determines the quality of life and the balance of nature. From direct impacts on crabbing, fishing and farming yields to property value, outdoor recreation and flood damage, watershed effects and consequences really are A to Z. Everyone should consider themselves a steward of water (and the environment in general).

Improving the water quality of nearby lakes, ponds, rivers and streams will go a long way in protecting regional assets and local wildlife—not to mention all the unseen positive effects down the road and into the future.

Greg Blackham is an Aquatic Specialist with SOLitude Lake Management, an environmental firm specializing in sustainable lake, pond, wetland and fisheries management solutions. Learn more about this topic at www.solitudelakemanagement.com/ knowledge.

17 • CONTACT, WINTER 2019

Community Management life can be hard

Condominium Unit Buyer’s Check List, Due Diligence needed prior to purchasing in Condominium Association By Joel W. Meskin, Esq., CIRMS, CCAL Fellow, MLIS During my tenure in the community association industry, I have touched in one way or another probably over 6,000 director and officer ("D&O") Liability claims. I have sat back and thought at length what, if any, commonality there is between and amongst these claims. I have come to these conclusions and I presume that there are other community association professionals that would come up with more:

That’s why AssociationVoice Web sites are easy.

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

800.992.4384 | EmailUs@AssociationVoice.com

www.AssociationVoice.com 18 • CONTACT, WINTER 2019

• Proposed Unit Buyer's do not do their due diligence/ homework before moving into a community association. This due diligence is critical for a Unit Buyer to understand what it means to buy into a community association, and the cost benefit analysis of what they are giving up versus what they are gaining. Once you buy in, your home is still your castle, but subject to the covenants, conditions and restriction you agreed to by signing your deed, and the rules and regulations of the association. "Ignorance of what you have agreed to is not a defense!" I cease to be surprised that many Unit Buyers do not have time to do their due diligence, but they have time to fight and litigate matters for years causing the association and its insurers to incur significant amounts.

• The second commonality is that many volunteer board members are very often the same Unit Buyers who did not do their due diligence. As a result, often their motivation for joining the board was to fight what they after the fact believe is not fair, or to try and change things that are in their self-interest as opposed to the best interest of the community association that is a foundation to the board member's fiduciary obligation.

• Finally, the volunteer board members often do not understand their role as a board member. This item will be an article in and of itself. At a minimum, there should be a requirement that a prospective board member should declare that they have read the governing documents and have asked any questions they may have to clarify their duties and obligations. Additionally, boards should have a mandatory annual board training. Many managements do this, but just as many, if not more do not. This can be done by their management company, local attorneys or one of the many CAI offerings you can get on line or a attend a course that CAI may make available.

A number of years ago, when my daughter and son-in-law thought about buying a condo. They presumed I would not recommend that they buy a condo. I surprised them by indicating that I had no problem with a condo. However, they must do their due diligence first! Their presumption was based on the many stories I shared with them over the years regarding association and unit owner problems, disputes and challenges, stories I could not make up. I believe, however, that 95% or more community associations in fact operate fine with minimal issues. I attribute this to my participation in CAI all around the country which exposes me to the good and not just the bad and ugly.

My daughter and son-in-law, the teaching coach and the engineer, asked me what due diligence I would recommend. The Condominium Unit Buyer's Check List was the product of that question. The check list is equally applicable, but not limited to Cooperative Housing Corporations, Single Family HOAs, Commercial Condominiums, Townhomes and Timeshares. As a result of my daughter and son-in-law conducting their due diligence, they did not buy the condo. Specifically, the realtor and the unit owner at the 11th hour submitted a supplemental disclosure statement indicating that the tile flooring in the kitchen and the hardwood floors were installed on the second floor unit without board approval. The board would not grandfather this in, nor would the unit owner pay to have it remediated. I am curious whether the supplemental disclosure statement would have been submitted had they not pursued their due diligence.

It is my humble opinion that if 75% of Unit Buyers were to do a substantial amount of this due diligence, the potential problems and challenges would be significantly reduced. I further believe that if association boards and managers were to be asked these questions on a regular basis, this would have a very positive impact on the associations risk management. Accordingly, the Condominium Unit Buyer's Check List is just as valuable to the association and its board. On the one hand, the check list will weed out prospective Unit Buyers who do not fit in a common interest development and on the other hand it can act as an audit check list for the association.

19 • CONTACT, WINTER 2019

Community Management life can be hard

Condominium Unit Buyer’s Check List, Due Diligence needed prior to purchasing in Condominium Association By Joel W. Meskin, Esq., CIRMS, CCAL Fellow, MLIS During my tenure in the community association industry, I have touched in one way or another probably over 6,000 director and officer ("D&O") Liability claims. I have sat back and thought at length what, if any, commonality there is between and amongst these claims. I have come to these conclusions and I presume that there are other community association professionals that would come up with more:

That’s why AssociationVoice Web sites are easy.

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

800.992.4384 | EmailUs@AssociationVoice.com

www.AssociationVoice.com 18 • CONTACT, WINTER 2019

• Proposed Unit Buyer's do not do their due diligence/ homework before moving into a community association. This due diligence is critical for a Unit Buyer to understand what it means to buy into a community association, and the cost benefit analysis of what they are giving up versus what they are gaining. Once you buy in, your home is still your castle, but subject to the covenants, conditions and restriction you agreed to by signing your deed, and the rules and regulations of the association. "Ignorance of what you have agreed to is not a defense!" I cease to be surprised that many Unit Buyers do not have time to do their due diligence, but they have time to fight and litigate matters for years causing the association and its insurers to incur significant amounts.

• The second commonality is that many volunteer board members are very often the same Unit Buyers who did not do their due diligence. As a result, often their motivation for joining the board was to fight what they after the fact believe is not fair, or to try and change things that are in their self-interest as opposed to the best interest of the community association that is a foundation to the board member's fiduciary obligation.

• Finally, the volunteer board members often do not understand their role as a board member. This item will be an article in and of itself. At a minimum, there should be a requirement that a prospective board member should declare that they have read the governing documents and have asked any questions they may have to clarify their duties and obligations. Additionally, boards should have a mandatory annual board training. Many managements do this, but just as many, if not more do not. This can be done by their management company, local attorneys or one of the many CAI offerings you can get on line or a attend a course that CAI may make available.

A number of years ago, when my daughter and son-in-law thought about buying a condo. They presumed I would not recommend that they buy a condo. I surprised them by indicating that I had no problem with a condo. However, they must do their due diligence first! Their presumption was based on the many stories I shared with them over the years regarding association and unit owner problems, disputes and challenges, stories I could not make up. I believe, however, that 95% or more community associations in fact operate fine with minimal issues. I attribute this to my participation in CAI all around the country which exposes me to the good and not just the bad and ugly.

My daughter and son-in-law, the teaching coach and the engineer, asked me what due diligence I would recommend. The Condominium Unit Buyer's Check List was the product of that question. The check list is equally applicable, but not limited to Cooperative Housing Corporations, Single Family HOAs, Commercial Condominiums, Townhomes and Timeshares. As a result of my daughter and son-in-law conducting their due diligence, they did not buy the condo. Specifically, the realtor and the unit owner at the 11th hour submitted a supplemental disclosure statement indicating that the tile flooring in the kitchen and the hardwood floors were installed on the second floor unit without board approval. The board would not grandfather this in, nor would the unit owner pay to have it remediated. I am curious whether the supplemental disclosure statement would have been submitted had they not pursued their due diligence.

It is my humble opinion that if 75% of Unit Buyers were to do a substantial amount of this due diligence, the potential problems and challenges would be significantly reduced. I further believe that if association boards and managers were to be asked these questions on a regular basis, this would have a very positive impact on the associations risk management. Accordingly, the Condominium Unit Buyer's Check List is just as valuable to the association and its board. On the one hand, the check list will weed out prospective Unit Buyers who do not fit in a common interest development and on the other hand it can act as an audit check list for the association.

19 • CONTACT, WINTER 2019

Condominium Unit Buyer’s Check List

By Joel W. Meskin, Esq., CIRMS – Managing Director Community Association Products Copyright (c) 2012 Joel W. Meskin

Item

1.

2.

3.

4.

5.

6.

7.

8.

9.

20 • CONTACT, WINTER 2019

Research (Ignorance is not Bliss or a defense By-Laws - Obtain a copy of the condo association by-laws - the association’s operating manual (who has authority to do what, who is a member, who is eligible to vote, and how to elect board members)

CC&Rs - Obtain a copy of the CC&Rs (declarations/conditions, covenants & conditions) - the association rules (what can you put on your door, how loud can music be, who can live in the unit, can you have pets, etc.)

Delinquent Assessments – How many association unit owners are more than 30 days delinquent in paying assessments? What percentage of those delinquencies are more than 60 days past due. (If unit members are delinquent, someone has to cover the shortfall - the remaining current members.) Any Foreclosure sales Pending Lawsuits Against the Association - Are there any lawsuits or administrative proceedings (i.e. EEOC or fair housing) pending against the association? If not, have there been any lawsuits in the past 5 years? (Do a civil index check in the county court) Pending Lawsuits Against Unit Owners - Does the association have any lawsuits pending against any unit owners or vendors?

Complete

10.

Special Assessments - Does the association currently have any special assessments, other than the normal monthly dues/assessments? If not, are there any special assessments planned in the next 24 months?

11.

Insurance - Who is the insurer for the condo association master policy providing property coverage for the building and providing coverage for the general liability coverage? Who is the agent for the association? (is he or she a Community Insurance Risk Management Specialist)

12.

Appraisal - When was the last time an appraisal was done to determine the appropriate amount to insure the condo association property? What was the appraised value?

13.

Umbrella Insurance - Does the association have an umbrella liability policy and if so, what are the limits? Does the umbrella policy provide follow form directors and officer’s coverage?

14.

15.

16.

Directors & Officers Insurance - Who is the insurer for the directors and officers’ liability insurance? Does the association have Cyber Liability/Data Breach Coverage?

Employee Dishonesty/Crime Insurance - Does the association have a fidelity (employee dishonesty)/crime policy and if so, what are the limits? Does the limit equal at least the total of all operating accounts, reserve accounts and 3 months of assessments? Does the Crime policy have Social Engineering Coverage?

Employees - Does the association have any of its own employees? If yes, does the association have Workers Compensation Insurance? If so, does the association have an employee manual?

Reserve Study - Does the association have a Reserve Study? If no, why not?

17.

Funded Reserve Study - If the association has a reserve study, is it funded, and if so, what percentage is it funded?

18.

Reserve Study Update – When was the reserve study last updated

19.

Property Manager Errors & Omissions - If there is an independent management company, does it have its own errors and omissions policy?

20.

Property Manager Fidelity/Crime Insurance - If there is an independent management company handling the association’s funds, does it have a fidelity crime policy? Does the association have Cyber Liability/Data Breach Coverage?

Capital Improvements - Does the association have any substantial capital improvements or repairs planned within the next 24 months and if so how is it going to be funded (reserves, special assessment, loan)?

Property Manager - Does the association use an independent property or community manager? If so, what is the name of the management company and who is the key contact? If so, is the manager on site or is it a portfolio manager?

Property Manager Indemnification - If there is an independent management company is there a written management agreement. If there is a written management agreement, is there a mutual indemnification provision or just a unilateral provision running in favor of the management company.

21 • CONTACT, WINTER 2019

Condominium Unit Buyer’s Check List

By Joel W. Meskin, Esq., CIRMS – Managing Director Community Association Products Copyright (c) 2012 Joel W. Meskin

Item

1.

2.

3.

4.

5.

6.

7.

8.

9.

20 • CONTACT, WINTER 2019

Research (Ignorance is not Bliss or a defense By-Laws - Obtain a copy of the condo association by-laws - the association’s operating manual (who has authority to do what, who is a member, who is eligible to vote, and how to elect board members)

CC&Rs - Obtain a copy of the CC&Rs (declarations/conditions, covenants & conditions) - the association rules (what can you put on your door, how loud can music be, who can live in the unit, can you have pets, etc.)

Delinquent Assessments – How many association unit owners are more than 30 days delinquent in paying assessments? What percentage of those delinquencies are more than 60 days past due. (If unit members are delinquent, someone has to cover the shortfall - the remaining current members.) Any Foreclosure sales Pending Lawsuits Against the Association - Are there any lawsuits or administrative proceedings (i.e. EEOC or fair housing) pending against the association? If not, have there been any lawsuits in the past 5 years? (Do a civil index check in the county court) Pending Lawsuits Against Unit Owners - Does the association have any lawsuits pending against any unit owners or vendors?

Complete

10.

Special Assessments - Does the association currently have any special assessments, other than the normal monthly dues/assessments? If not, are there any special assessments planned in the next 24 months?

11.

Insurance - Who is the insurer for the condo association master policy providing property coverage for the building and providing coverage for the general liability coverage? Who is the agent for the association? (is he or she a Community Insurance Risk Management Specialist)

12.

Appraisal - When was the last time an appraisal was done to determine the appropriate amount to insure the condo association property? What was the appraised value?

13.

Umbrella Insurance - Does the association have an umbrella liability policy and if so, what are the limits? Does the umbrella policy provide follow form directors and officer’s coverage?

14.

15.

16.

Directors & Officers Insurance - Who is the insurer for the directors and officers’ liability insurance? Does the association have Cyber Liability/Data Breach Coverage?

Employee Dishonesty/Crime Insurance - Does the association have a fidelity (employee dishonesty)/crime policy and if so, what are the limits? Does the limit equal at least the total of all operating accounts, reserve accounts and 3 months of assessments? Does the Crime policy have Social Engineering Coverage?

Employees - Does the association have any of its own employees? If yes, does the association have Workers Compensation Insurance? If so, does the association have an employee manual?

Reserve Study - Does the association have a Reserve Study? If no, why not?

17.

Funded Reserve Study - If the association has a reserve study, is it funded, and if so, what percentage is it funded?

18.

Reserve Study Update – When was the reserve study last updated

19.

Property Manager Errors & Omissions - If there is an independent management company, does it have its own errors and omissions policy?

20.

Property Manager Fidelity/Crime Insurance - If there is an independent management company handling the association’s funds, does it have a fidelity crime policy? Does the association have Cyber Liability/Data Breach Coverage?

Capital Improvements - Does the association have any substantial capital improvements or repairs planned within the next 24 months and if so how is it going to be funded (reserves, special assessment, loan)?

Property Manager - Does the association use an independent property or community manager? If so, what is the name of the management company and who is the key contact? If so, is the manager on site or is it a portfolio manager?

Property Manager Indemnification - If there is an independent management company is there a written management agreement. If there is a written management agreement, is there a mutual indemnification provision or just a unilateral provision running in favor of the management company.

21 • CONTACT, WINTER 2019

21.

Association Financials - Does the association have audited financials? If yes, obtain a copy of the most current audited financials. If not, does an independent accountant handle the finances? If not, who handles the finances?

22.

Positive Fund Balance - Does the association’s current balance sheet show a positive fund balance? If there is a negative fund balance, what is the explanation?

23.

Collections - Who handles the association’s collections? Association? Attorney?

Manager?

24.

General Counsel - Does the association have general counsel? If so, who?

25.

Elections - Has there been a challenge to the board election within the last 24 months.

26.

Developer – Is the developer on the board and/or control the board.

Miscellaneous Notes:

22 • CONTACT, WINTER 2019

23 • CONTACT, WINTER 2019

21.

Association Financials - Does the association have audited financials? If yes, obtain a copy of the most current audited financials. If not, does an independent accountant handle the finances? If not, who handles the finances?

22.

Positive Fund Balance - Does the association’s current balance sheet show a positive fund balance? If there is a negative fund balance, what is the explanation?

23.

Collections - Who handles the association’s collections? Association? Attorney?

Manager?

24.

General Counsel - Does the association have general counsel? If so, who?

25.

Elections - Has there been a challenge to the board election within the last 24 months.

26.

Developer – Is the developer on the board and/or control the board.

Miscellaneous Notes:

22 • CONTACT, WINTER 2019

23 • CONTACT, WINTER 2019

Not Your Average CPAs Our friendly, personalized service and exceptional support set us apart from the rest.

Shelters

Since 1985 we have been providing condominium and homeowner associations with the following: ▪ Audit Services

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800-726-1816 www.playwellgroup.com 24 • CONTACT, WINTER 2019

25 • CONTACT, WINTER 2019

Not Your Average CPAs Our friendly, personalized service and exceptional support set us apart from the rest.

Shelters

Since 1985 we have been providing condominium and homeowner associations with the following: ▪ Audit Services

▪ Income Tax Preparation

▪ Review Services

▪ Franchise Tax Preparation

▪ Compilations

▪ Annual Vote Counts

▪ Bookkeeping

▪ Consultation

Site Furnishings

Contact us today for a free initial consultation www.timothydevolt.com | OFFICE 972-980-4315 clientsupport@timothydevolt.com 4099 McEwen Road, Suite 130 Farmers Branch, TX 75244

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25 • CONTACT, WINTER 2019

Call the Commercial Insurance Specialist Today!

Paul Baker Insurance Agency, Inc.

Community.

Well Served.

Knowledge. Expertise. Value.

What Are You Looking For in a Management Company?

When it comes to protecting the value of your neighborhood, consider a company that: • Adheres to the highest ethical standards • Possesses an outstanding reputation and more than a quarter century of experience • Employs top-notch, professionally qualified staff • Strives to enhance the appeal and value of your property CMA serves a wide variety of communities including single family, masterplanned communities, condominiums, townhomes, mid-rise, mixed use communities and commercial/retail properties.

Specializing in insurance for community associations of all sizes throughout Texas for 55 years.

4 Master Policies 4 D&O 4 Commercial Umbrellas 4 Fidelity Bonds 4 24-hour Claims Service 4 CAI Member

Founded in 1983, CMA has grown to be one of the largest locally owned management companies in the Metroplex.

Contact: Jean Sloan (972) 943-2848 or visit us online at: www.cmamanagement.com

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ACCREDITED ASSOCIATION MANAGEMENT COMPANY

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©2018 RTI/Community Management Associates, Inc. All rights reserved.

26 • CONTACT, WINTER 2019

4 Personal Lines program home, auto, life, health and umbrella coverages 4 Condo unit owners and renters coverage available 4 Vendor referrals on request

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Residence27 • CONTACT, WINTER 2019 (972) 475-8261

Call the Commercial Insurance Specialist Today!

Paul Baker Insurance Agency, Inc.

Community.

Well Served.

Knowledge. Expertise. Value.

What Are You Looking For in a Management Company?

When it comes to protecting the value of your neighborhood, consider a company that: • Adheres to the highest ethical standards • Possesses an outstanding reputation and more than a quarter century of experience • Employs top-notch, professionally qualified staff • Strives to enhance the appeal and value of your property CMA serves a wide variety of communities including single family, masterplanned communities, condominiums, townhomes, mid-rise, mixed use communities and commercial/retail properties.

Specializing in insurance for community associations of all sizes throughout Texas for 55 years.

4 Master Policies 4 D&O 4 Commercial Umbrellas 4 Fidelity Bonds 4 24-hour Claims Service 4 CAI Member

Founded in 1983, CMA has grown to be one of the largest locally owned management companies in the Metroplex.

Contact: Jean Sloan (972) 943-2848 or visit us online at: www.cmamanagement.com

Community. Well Served.

AAMC

ACCREDITED ASSOCIATION MANAGEMENT COMPANY

4 Ask about our discounts!

Call (972) 271-9502 today!

Make Sure Your Condo Association Insurance is a Great Fit! 1449 Forest Lane s Garland, Texas 75042

©2018 RTI/Community Management Associates, Inc. All rights reserved.

26 • CONTACT, WINTER 2019

4 Personal Lines program home, auto, life, health and umbrella coverages 4 Condo unit owners and renters coverage available 4 Vendor referrals on request

Office (972) 271-9502

Fax (972) 271-8758

Residence27 • CONTACT, WINTER 2019 (972) 475-8261

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

Contact Us

One Partner for All your Landscape Needs Design

28 • CONTACT, WINTER 2019

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Drew Dunn 817-430-4848 Drew.Dunn@brightview.com www.brightview.com

29 • CONTACT, WINTER 20196

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

Contact Us

One Partner for All your Landscape Needs Design

28 • CONTACT, WINTER 2019

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Develop

•

Maintain

•

Enhance

Drew Dunn 817-430-4848 Drew.Dunn@brightview.com www.brightview.com

29 • CONTACT, WINTER 20196

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TexasDisasterRestoration.com 30 • CONTACT, WINTER 2019

• Asphalt & Concrete • Parking Lots, Sidewalks & Curbs • Asphalt Crack Seal & Seal Coat • Concrete Crack & Joint Seal • Striping, Signage & Bollards • ADA Compliance Trusted CAI Member Since 2002 Free Quotes. Call Now. 972.263.3223

pavecon.com 31 • CONTACT, WINTER 20196

WATER & FLOOD DAMAGE RESTORATION SEWAGE CLE ANUP FIRE / SMOKE RESTORATION MOLD & A SBESTOS REMEDIATION CRIME SCENE / TRAUMA CLE AN-UP

YOUR PAVEMENT PROBLEMS, SOLVED. 2270 Springlake Rd. Ste 40 0 Farmers Branch, TX 75234 (214)227-7530 • (214)989-7674 kayelyn@texasdisasterrestoration.com

TexasDisasterRestoration.com 30 • CONTACT, WINTER 2019

• Asphalt & Concrete • Parking Lots, Sidewalks & Curbs • Asphalt Crack Seal & Seal Coat • Concrete Crack & Joint Seal • Striping, Signage & Bollards • ADA Compliance Trusted CAI Member Since 2002 Free Quotes. Call Now. 972.263.3223

pavecon.com 31 • CONTACT, WINTER 20196

RESERVE STUDIES

Easy Does It To use.

Pretty much everything.

Our remarkably simple reserve study system.

Our advanced reserve studies help you achieve a deeper engagement with your properties and a more effective way to manage them. Both today and tomorrow.

And with total confidence.

For your reserve study proposal, contact Jacque Martin at (800) 221-9882 or visit reserveadvisors.com.

32 • CONTACT, WINTER 2019

33 • CONTACT, WINTER 20196

RESERVE STUDIES

Easy Does It To use.

Pretty much everything.

Our remarkably simple reserve study system.

Our advanced reserve studies help you achieve a deeper engagement with your properties and a more effective way to manage them. Both today and tomorrow.

And with total confidence.

For your reserve study proposal, contact Jacque Martin at (800) 221-9882 or visit reserveadvisors.com.

32 • CONTACT, WINTER 2019

33 • CONTACT, WINTER 20196

Upcoming Events Community Association Law Seminar (National Event) January 23, 2019 8:00 AM to January 26, 2019 5:00 PM The Roosevelt New Orleans, A Waldorf Astoria Hotel 123 Barronne Street (1/2 in from Canal Street) New Orleans, LA 70112

M-100: Essentials of Community Association Management January 31, 2019 8:00 AM to February 02, 2019 12:00 PM DoubleTree by Hilton | Dallas Campbell Centre 8250 North Central Expressway Dallas, TX 75206

CAI Leadership Forum: Florida Communities (National Event) February 07, 2019 5:00 PM to February 08, 2019 4:00 PM Sheraton Orlando North 600 N. Lake Destiny Road Maitland, FL 32751 Venue website

There is help for your homeowners association!

2019 TCAA Rally Day February 13, 2019 6:00 AM - 8:00 PM Capitol Building 1100 Congress Avenue Austin, TX 78701

The Dallas/Ft. Worth Chapter of the Community Associations Institute (CAI) has partnered with the other Texas chapters of CAI to launch the free HOA Hotline - a resource for homeowners and board members owning homes/units in condominium, townhome and subdivision community associations and have questions about the operations of their association.

The Hotline is staffed with local non-attorney experts knowledgeable in community association best practices. Please contact the hotline by filling out the form at www.dfwcai.org/hoa_hotline. If you prefer a response by phone, calls will only be made during normal business hours.

We urge homeowners to take advantage of this FREE resource. After all, isn’t it better to resolve issues quickly and reasonably now before they get out of hand later?

M-340: Managing the Large-Scale Association February 28, 2019 9:00 AM to March 01, 2019 5:00 PM Phillips Creek Ranch Community Association 6515 Lone Star Ranch Parkway Frisco, TX 75036

34 • CONTACT, WINTER 2019

**Please note, the HOA Hotline panel, as well as CAI Staff will NOT give out legal advice. If seeking legal help, please contact the appropriate attorney, or legal service. LegalLine is an anonymous, free legal service, provided by the Dallas Bar Association. It is held on the second and third Wednesday of every month, from 5:30pm - 7:30pm. To reach a volunteer attorney call (214)220-7476. This program is by telephone only. There are Spanish-speaking attorneys when available.

Also, for a listing of some helpful CAI member attorneys skilled in HOA law, please visit www.dfwcai.org/attorneys.

35 • CONTACT, WINTER 20196

Upcoming Events Community Association Law Seminar (National Event) January 23, 2019 8:00 AM to January 26, 2019 5:00 PM The Roosevelt New Orleans, A Waldorf Astoria Hotel 123 Barronne Street (1/2 in from Canal Street) New Orleans, LA 70112

M-100: Essentials of Community Association Management January 31, 2019 8:00 AM to February 02, 2019 12:00 PM DoubleTree by Hilton | Dallas Campbell Centre 8250 North Central Expressway Dallas, TX 75206

CAI Leadership Forum: Florida Communities (National Event) February 07, 2019 5:00 PM to February 08, 2019 4:00 PM Sheraton Orlando North 600 N. Lake Destiny Road Maitland, FL 32751 Venue website

There is help for your homeowners association!

2019 TCAA Rally Day February 13, 2019 6:00 AM - 8:00 PM Capitol Building 1100 Congress Avenue Austin, TX 78701

The Dallas/Ft. Worth Chapter of the Community Associations Institute (CAI) has partnered with the other Texas chapters of CAI to launch the free HOA Hotline - a resource for homeowners and board members owning homes/units in condominium, townhome and subdivision community associations and have questions about the operations of their association.

The Hotline is staffed with local non-attorney experts knowledgeable in community association best practices. Please contact the hotline by filling out the form at www.dfwcai.org/hoa_hotline. If you prefer a response by phone, calls will only be made during normal business hours.

We urge homeowners to take advantage of this FREE resource. After all, isn’t it better to resolve issues quickly and reasonably now before they get out of hand later?

M-340: Managing the Large-Scale Association February 28, 2019 9:00 AM to March 01, 2019 5:00 PM Phillips Creek Ranch Community Association 6515 Lone Star Ranch Parkway Frisco, TX 75036

34 • CONTACT, WINTER 2019

**Please note, the HOA Hotline panel, as well as CAI Staff will NOT give out legal advice. If seeking legal help, please contact the appropriate attorney, or legal service. LegalLine is an anonymous, free legal service, provided by the Dallas Bar Association. It is held on the second and third Wednesday of every month, from 5:30pm - 7:30pm. To reach a volunteer attorney call (214)220-7476. This program is by telephone only. There are Spanish-speaking attorneys when available.

Also, for a listing of some helpful CAI member attorneys skilled in HOA law, please visit www.dfwcai.org/attorneys.

35 • CONTACT, WINTER 20196

Magazine How Do I Submit An ArƟcle?

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

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

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.

1-877-NO-POTHOLE (1-877-667-6846) (817) 540-0652 Dallas Office (281) 758-8434 Houston Office

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

How Do I AdverƟse?

Fast Friendly Service!

Asphalt Paving & Repair / Concrete Paving & Repair / Sidewalks / Crack Sealing / Sealcoating / Striping / Dumpster Pads

Committed to our communities

Dimensions

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

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

Full Page

For 30 years, BB&T Association Services has provided solutions specifically designed to meet the needs of property management companies and community associations. You can count on us to be your trusted partner. BBT.com/AssociationServices

 Payment processing  Association loans

Size

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

 Payments by ACH and online  Coupon books and statements

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

$475

$425 $425 $500

N/A N/A N/A

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

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

Association Services Melissa Peters, VP, Relationship Manager 251-340-8747 • MDPeters@BBandT.com

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.

36 • CONTACT, WINTER 2019

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

5

37 • CONTACT, WINTER 20196

Magazine How Do I Submit An ArƟcle?

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

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

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.

1-877-NO-POTHOLE (1-877-667-6846) (817) 540-0652 Dallas Office (281) 758-8434 Houston Office

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

How Do I AdverƟse?

Fast Friendly Service!

Asphalt Paving & Repair / Concrete Paving & Repair / Sidewalks / Crack Sealing / Sealcoating / Striping / Dumpster Pads

Committed to our communities

Dimensions

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

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

Full Page

For 30 years, BB&T Association Services has provided solutions specifically designed to meet the needs of property management companies and community associations. You can count on us to be your trusted partner. BBT.com/AssociationServices

 Payment processing  Association loans

Size

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

 Payments by ACH and online  Coupon books and statements

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

$475

$425 $425 $500

N/A N/A N/A

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

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

Association Services Melissa Peters, VP, Relationship Manager 251-340-8747 • MDPeters@BBandT.com

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.

36 • CONTACT, WINTER 2019

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

5

37 • CONTACT, WINTER 20196

MEMBERSHIP

MEMBERSHIP

REPORT

REPORT

New DFW CAI Members April L Woods (817)416-1572 april@bloomfieldhomes.net Jason Dale Hampton FirstService Residential (817)769-8570 jason.hampton@fsresidential.com Joanne Ayonote RTI/CMA Management (972)943-2866 jayonote@cmamanagement.com Kevin Mcmullen RTI/CMA Management (972)943-2853 kmcmullen@cmamanagement.com Lana Ralls (682)622-9637 lana_0974@yahoo.com Mary Petrisin Neighborhood Management, Inc. (972)359-1548 mpetrisin@nmitx.com Matt Mcgee Neighborhood Management, Inc. (972)359-1548 (142) mmcgee2@nmitx.com Mr. Andrew Creamer Building Engineering-Consultants, Inc. (713)970-1718 acreamer@be-ci.com Mr. Andy Gaines BWG Property Owners Association (817)488-8115 andygaines@verizon.net Mr. Ben Carroll BWG Property Owners Association (817)579-1716 president@bentwater.org Mr. Bill Farmer BWG Property Owners Association (928)503-1771 eyesdeep24.7@gmail.com Mr. Brett Russell PMG North-Dallas (214)368-4030 brussell@principal-mgmt.com Mr. Clayton Coleman BWG Property Owners Association (903)920-4501 kayakfishTX@gmail.com Mr. Donny Disbro Standpoint (949)677-9445 ddisbro@revopay.com

38 • CONTACT, WINTER 2019

Mr. Elden Hale The Village at Frisco Association (972)377-2422 eldentx@gmail.com

Lakes

Community

Mr. Elon Goldman, RS Association Reserves - Texas (737)402-7201 egoldman@reservestudy.com

Mr. Robert Presney BWG Property Owners Association (817)253-5578 rpresney16@gmail.com

Mr. Gary Hawkins BWG Property Owners Association (682)936-4313

Mr. Robert W. James Hide-A-Way Lake Club, Inc. 903-882-6151 genmgr@hideawaytexas.net

Mr. Greg A. Smith Veritex Community Bank (469)547-4760 grsmith@veritexbank.com

Mr. Ryan Green, Sr. Horizon Security, LLC. (214)433-7510 Ryan@horizonguardservices.com

Mr. Hal E Cone Positano Condominium Association, Inc. (972)489-8489 hal@rightadvantage.com

Mr. Stuart Wendel Reed, CMCA PMG North-Ft. Worth 628-325-5364 Stuart.reed@associa.us

Mr. Jaime Morales Worth Ross Management (817)724-5996 jaime@worthross.com

Mr. Terrell McGath BWG Property Owners Association (254)394-5702 secretary@bentwater.org

Mr. Jeff Hoyt BWG Property Owners Association (682)936-4105 bonemanaxl@gmail.com

Mr. Terry Langerman BWG Property Owners Association (760)221-6395

Mr. Jerry Buxton BWG Property Owners Association (817)550-3056

New DFW CAI Members

Mr. Padraic Mulcahy The Residences at W Dallas-Victory (469)662-0730 padraic.mulcahy@marriott.com

Mrs. Megan Heusel Flock Safety (404)991-3293 meg@flocksafety.com

Ms. Marnie Renee Mcleod Somerset Association Management (512)477-5095 mmcleod@somersetassociation.com

Mrs. Yolanda M. Wilson City of Mesquite (972)216-6473 ywilson@cityofmesquite.com

Ms. Prane E Arroyo Goodwin Harrison Management, LLC (214)445-2721 prane.arroyo@goodwintx.com

Ms. Alison Hager BWG Property Owners Association (817)448-4830 hager76248@gmail.com

Ms. Rachel Rowley, AMS, PCAM Seacoast Commerce Bank (331)305-0869 rrowley@sccombank.com

Ms. Amy Jones CCMC (214)471-4035 ajones@ccmcnet.com

Ms. Rosie Del Carmen Morataya, CMCA Goddard Management, LLC. 972-920-5474 rmgoddard@att.net

Ms. Bayley Bowser PMG North-Dallas (214)368-4030 bbowser@principal-mgmt.com

Ms. Shonna Camacho CCMC (469)724-3284 scamacho@ccmcnet.com

Ms. Beth brossi@nmitx.com Rossi Neighborhood Management, Inc. (484)566-0081 brossi@nmitx.com Ms. Callie Coleman (512)373-9686 callie.coleman@live.com

Mr. Todd Yamaoka (214)914-7653 todd.yamaoka@fsresidential.com

Ms. Carol Haid PMG North-Dallas (214)368-4030

Mr. Kevin Orlando FirstService Residential (469)203-5551 korlando2283@gmail.com

Mr. Tom Gerlacher The Village at Frisco Lakes Association (972)704-3003 tomgconsulting@yahoo.com

Mr. Marcus Orlando Robinson CCMC (972)548-9191 marcusrobinsontx@yahoo.com

Mr. Worth W. Ross, CMCA, AMS Worth Ross Management (214)522-1943 (202) worth@worthross.com

Mr. Mark Valls OnGuard Camera Systems (214)415-9454 mark@onguardcamerasystems.com

Mrs. Angela Spikes Neighborhood Management, Inc. (210)254-5678 aspikes@nmitx.com

Mr. Matthew Mark Kopchak, CMCA Worth Ross Management (724)882-5621 kopchak52@gmail.com

Mrs. Brandy Hotchkiss CCMC (972)548-9191 bhotchkiss@ccmcnet.com

Ms. Jill Pruyn CCMC (972)422-9280 jpruyn@ccmcnet.com

Mr. Michael Moore Waterton Construction Group (469)907-2923 mmoore@watertonconstruction.com

Mrs. Denise Hoyt BWG Property Owners Association (682)936-4105 treasurer@bentwater.org

Ms. Julie Barella Singer Association Management, Inc. (972)402-8352 julie.barella@singermanagement.com

Mr. Michael Robbins Distinguished Programs (972)865-4979 mrobbins@distinguished.com

Mrs. Jordan Velazquez The Residences at W Dallas (214)397-4100 (4191) jordan.velazquez@marriott.com

Ms. Karen Wicks-Langhart, CMCA RTI/CMA Management (409)370-7552 kkltex@gmail.com

Community

Ms. Courtney Gray Somerset Association Management (512)477-5095 cgray@somersetassociation.com Ms. Debbie Matuszak LiftMaster (630)279-3600 debbie.matuszak@chamberlain.com Ms. Jess Seawell BWG Property Owners Association (817)578-3603

Renewed Members Darrell Traeger Josephine Leeper Lori Jo Ball Mr. Anthony Givens Mr. Barry Jones, CMCA, AMS Mr. Bill Crawford, CMCA Mr. Blair Descourouez Mr. Brad Fraley Mr. Brandon L. Hall Mr. Cameron Gschwend Mr. Carl Hedrick, CMCA, AMS Mr. Carl K. Hergesell Mr. Christian Judy, CMCA Mr. Christopher Dominique Ayoub Mr. Colin Chopin Mr. Daniel C. Thomas, CMCA, AMS Mr. Douglas S. Hasty Mr. Gabe Santiago, CMCA, AMS Mr. Gary Matocha Mr. Gregory S. Cagle, Esq. Mr. Jerry Bridges Mr. John Armstrong Mr. John Beall, CMCA, AMS, PCAM Mr. Joseph Anthony Rivas, Sr. Mr. Kent P. Coleman Mr. Kevin Cavanaugh Mr. Kristopher Grooms, CMCA Mr. Michael Reeves, CMCA, AMS Mr. Patrick Clark, CMCA, PCAM Mr. Paul Zellar Mr. Rhett Hubbard Mr. Richard Hamilton, RS Mr. Robert J. Koop, CMCA, AMS, PCAM Mr. Robert Kling Mr. Ron S. Littmann Mr. Thomas A. Sharp Mr. Thomas J. Armstrong, AMS, PCAM Mr. Todd Davidson, CMCA, AMS, PCAM Mr. Tom Martin 39 • CONTACT, WINTER 20196

MEMBERSHIP

MEMBERSHIP

REPORT

REPORT

New DFW CAI Members April L Woods (817)416-1572 april@bloomfieldhomes.net Jason Dale Hampton FirstService Residential (817)769-8570 jason.hampton@fsresidential.com Joanne Ayonote RTI/CMA Management (972)943-2866 jayonote@cmamanagement.com Kevin Mcmullen RTI/CMA Management (972)943-2853 kmcmullen@cmamanagement.com Lana Ralls (682)622-9637 lana_0974@yahoo.com Mary Petrisin Neighborhood Management, Inc. (972)359-1548 mpetrisin@nmitx.com Matt Mcgee Neighborhood Management, Inc. (972)359-1548 (142) mmcgee2@nmitx.com Mr. Andrew Creamer Building Engineering-Consultants, Inc. (713)970-1718 acreamer@be-ci.com Mr. Andy Gaines BWG Property Owners Association (817)488-8115 andygaines@verizon.net Mr. Ben Carroll BWG Property Owners Association (817)579-1716 president@bentwater.org Mr. Bill Farmer BWG Property Owners Association (928)503-1771 eyesdeep24.7@gmail.com Mr. Brett Russell PMG North-Dallas (214)368-4030 brussell@principal-mgmt.com Mr. Clayton Coleman BWG Property Owners Association (903)920-4501 kayakfishTX@gmail.com Mr. Donny Disbro Standpoint (949)677-9445 ddisbro@revopay.com

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Mr. Elden Hale The Village at Frisco Association (972)377-2422 eldentx@gmail.com

Lakes

Community

Mr. Elon Goldman, RS Association Reserves - Texas (737)402-7201 egoldman@reservestudy.com

Mr. Robert Presney BWG Property Owners Association (817)253-5578 rpresney16@gmail.com

Mr. Gary Hawkins BWG Property Owners Association (682)936-4313

Mr. Robert W. James Hide-A-Way Lake Club, Inc. 903-882-6151 genmgr@hideawaytexas.net

Mr. Greg A. Smith Veritex Community Bank (469)547-4760 grsmith@veritexbank.com

Mr. Ryan Green, Sr. Horizon Security, LLC. (214)433-7510 Ryan@horizonguardservices.com

Mr. Hal E Cone Positano Condominium Association, Inc. (972)489-8489 hal@rightadvantage.com

Mr. Stuart Wendel Reed, CMCA PMG North-Ft. Worth 628-325-5364 Stuart.reed@associa.us

Mr. Jaime Morales Worth Ross Management (817)724-5996 jaime@worthross.com

Mr. Terrell McGath BWG Property Owners Association (254)394-5702 secretary@bentwater.org

Mr. Jeff Hoyt BWG Property Owners Association (682)936-4105 bonemanaxl@gmail.com

Mr. Terry Langerman BWG Property Owners Association (760)221-6395

Mr. Jerry Buxton BWG Property Owners Association (817)550-3056

New DFW CAI Members

Mr. Padraic Mulcahy The Residences at W Dallas-Victory (469)662-0730 padraic.mulcahy@marriott.com

Mrs. Megan Heusel Flock Safety (404)991-3293 meg@flocksafety.com

Ms. Marnie Renee Mcleod Somerset Association Management (512)477-5095 mmcleod@somersetassociation.com

Mrs. Yolanda M. Wilson City of Mesquite (972)216-6473 ywilson@cityofmesquite.com

Ms. Prane E Arroyo Goodwin Harrison Management, LLC (214)445-2721 prane.arroyo@goodwintx.com

Ms. Alison Hager BWG Property Owners Association (817)448-4830 hager76248@gmail.com

Ms. Rachel Rowley, AMS, PCAM Seacoast Commerce Bank (331)305-0869 rrowley@sccombank.com

Ms. Amy Jones CCMC (214)471-4035 ajones@ccmcnet.com

Ms. Rosie Del Carmen Morataya, CMCA Goddard Management, LLC. 972-920-5474 rmgoddard@att.net

Ms. Bayley Bowser PMG North-Dallas (214)368-4030 bbowser@principal-mgmt.com

Ms. Shonna Camacho CCMC (469)724-3284 scamacho@ccmcnet.com

Ms. Beth brossi@nmitx.com Rossi Neighborhood Management, Inc. (484)566-0081 brossi@nmitx.com Ms. Callie Coleman (512)373-9686 callie.coleman@live.com

Mr. Todd Yamaoka (214)914-7653 todd.yamaoka@fsresidential.com

Ms. Carol Haid PMG North-Dallas (214)368-4030

Mr. Kevin Orlando FirstService Residential (469)203-5551 korlando2283@gmail.com

Mr. Tom Gerlacher The Village at Frisco Lakes Association (972)704-3003 tomgconsulting@yahoo.com

Mr. Marcus Orlando Robinson CCMC (972)548-9191 marcusrobinsontx@yahoo.com

Mr. Worth W. Ross, CMCA, AMS Worth Ross Management (214)522-1943 (202) worth@worthross.com

Mr. Mark Valls OnGuard Camera Systems (214)415-9454 mark@onguardcamerasystems.com

Mrs. Angela Spikes Neighborhood Management, Inc. (210)254-5678 aspikes@nmitx.com

Mr. Matthew Mark Kopchak, CMCA Worth Ross Management (724)882-5621 kopchak52@gmail.com

Mrs. Brandy Hotchkiss CCMC (972)548-9191 bhotchkiss@ccmcnet.com

Ms. Jill Pruyn CCMC (972)422-9280 jpruyn@ccmcnet.com

Mr. Michael Moore Waterton Construction Group (469)907-2923 mmoore@watertonconstruction.com

Mrs. Denise Hoyt BWG Property Owners Association (682)936-4105 treasurer@bentwater.org

Ms. Julie Barella Singer Association Management, Inc. (972)402-8352 julie.barella@singermanagement.com

Mr. Michael Robbins Distinguished Programs (972)865-4979 mrobbins@distinguished.com

Mrs. Jordan Velazquez The Residences at W Dallas (214)397-4100 (4191) jordan.velazquez@marriott.com

Ms. Karen Wicks-Langhart, CMCA RTI/CMA Management (409)370-7552 kkltex@gmail.com

Community

Ms. Courtney Gray Somerset Association Management (512)477-5095 cgray@somersetassociation.com Ms. Debbie Matuszak LiftMaster (630)279-3600 debbie.matuszak@chamberlain.com Ms. Jess Seawell BWG Property Owners Association (817)578-3603

Renewed Members Darrell Traeger Josephine Leeper Lori Jo Ball Mr. Anthony Givens Mr. Barry Jones, CMCA, AMS Mr. Bill Crawford, CMCA Mr. Blair Descourouez Mr. Brad Fraley Mr. Brandon L. Hall Mr. Cameron Gschwend Mr. Carl Hedrick, CMCA, AMS Mr. Carl K. Hergesell Mr. Christian Judy, CMCA Mr. Christopher Dominique Ayoub Mr. Colin Chopin Mr. Daniel C. Thomas, CMCA, AMS Mr. Douglas S. Hasty Mr. Gabe Santiago, CMCA, AMS Mr. Gary Matocha Mr. Gregory S. Cagle, Esq. Mr. Jerry Bridges Mr. John Armstrong Mr. John Beall, CMCA, AMS, PCAM Mr. Joseph Anthony Rivas, Sr. Mr. Kent P. Coleman Mr. Kevin Cavanaugh Mr. Kristopher Grooms, CMCA Mr. Michael Reeves, CMCA, AMS Mr. Patrick Clark, CMCA, PCAM Mr. Paul Zellar Mr. Rhett Hubbard Mr. Richard Hamilton, RS Mr. Robert J. Koop, CMCA, AMS, PCAM Mr. Robert Kling Mr. Ron S. Littmann Mr. Thomas A. Sharp Mr. Thomas J. Armstrong, AMS, PCAM Mr. Todd Davidson, CMCA, AMS, PCAM Mr. Tom Martin 39 • CONTACT, WINTER 20196

MEMBERSHIP

REPORT

Renewed Members Mr. Vidal Jones Mr. Worth W. Ross, CMCA, AMS Mr. Zachary Beasley Mrs. Diana R. Larson, AMS, PCAM Mrs. Joan Faye Lawyer, CMCA, AMS, PCAM Mrs. Kay Rinker Mrs. Kayelyn Scofield Mrs. Krystal Barbarito, CMCA, AMS, PCAM Mrs. Lisa Marie Sewell, CMCA Mrs. Rebekah Small, CMCA, AMS Mrs. Tami Smith, CMCA, AMS Ms. Alice M. McKee, CMCA, AMS, PCAM Ms. Amanda Griffin Ms. Anne Bernhardt Ms. Anne C. Fay, CMCA, AMS Ms. April Hubler Ms. Carol Lynn Mason Ms. Carrie Bailey Ms. Dana Sanchez, CMCA, AMS Ms. Debbie Gschwend Ms. Debra Decker Ms. Diane Barta, CMCA, AMS Ms. Francisca Micaela Kee, CMCA, AMS Ms. Heather Pittman Ms. Jackie Conklin Ms. Kelly O’Conner Ms. Krystal Mann Ms. Margie A. Maxwell Ms. Melissa O’Neill Ms. Melissa Zacha, CMCA, AMS

Ms. Ms. Ms. Ms. Ms. Ms. Ms. Ms.

Michele Hernandez, CMCA, AMS Monika Karin Loeffler, CMCA, AMS, PCAM Pam S Pinzone Rachel Garza Rosanne M Hill, CMCA, AMS Sarah Hunsinger, CMCA Susann Fortney Tia Singer, CMCA, PCAM

Rejoined Members Mr. Bill Brassfield Mr. Byron Sneed, II Mr. Carroll Lamb, Jr. Mr. Casey Russell Mr. David Gaona Mr. Ernestine Burtley Mr. John Joseph Carona, Jr., AMS, PCAM Mr. Rodney E. Cruz Mr. Stewart Masterson, CMCA Ms. Alison Kronebusch Ms. Brittany Roper Ms. Cheryl LeAnne Ladew Ms. Crystal Avendano, CMCA Ms. Dondi Morse Ms. Erin Muddie Ms. Kellye Garrett Ms. Liliana Olvera Ms. Marilyn Weinberger

Congratulations - New Membership Designations!

Mr. Brett Wiklund, CMCA, AMS, PCAM CCMC PCAM 1/8/2019 Mr. Dan Estep, CMCA, AMS CMA AMS 10/16/2018 Mr. Jimmy Orjuela, CMCA Castle Group CMCA 12/14/2018 Mr. Jordan Randall Low, CMCA Community Management Group CMCA 10/23/2018 Mr. Matthew Skipper, CMCA CCMC CMCA 11/30/2018 Mrs. Brittany Bittle, CMCA CCMC CMCA 12/14/2018 Mrs. Catherine Ivy, CMCA T&D Ross Management Services CMCA 12/27/2018 Mrs. Debra Campbell, CMCA, PCAM CCMC PCAM 1/8/2019 Mrs. Joan Faye Lawyer, CMCA, AMS, PCAM Crestpark Condominiums PCAM 1/8/2019 Mrs. Pamela Andersen-Balash, CMCA, AMS Insight Association Management AMS 12/20/2018 Ms. Crystal Avendano, CMCA Classic Property Management CMCA 12/27/2018 Ms. Josephine Johnson, CMCA, AMS, PCAM PCAM 1/8/2019 Ms. Kristi Bruening, CMCA, AMS Insight Association Management AMS 12/20/2018

Certified Manager of Community Associations (CMCA) - The CMCA is the only international certification program designed exclusively for managers of homeowner and condominium associations and cooperatives. The CMCA recognizes individuals who have demonstrated the fundamental knowledge required to manage community associations.

Association Management Specialist (AMS) - The second level in the career development track for community association managers. The AMS designation demonstrates a higher level of commitment to your career and the community association industry. An AMS designation is recommended for managers who want to enhance their career opportunities by increasing their knowledge and expertise.

Professional Community Association Manager (PCAM) - The pinnacle of community association management. The PCAM designation is the highest professional recognition available nationwide to managers who specialize in community association management. Earn your PCAM and join the elite—the select—the best. Recommended for experienced managers who want to demonstrate advanced skills and knowledge and who wish to be recognized as one of the best and most experienced managers in the nation.

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MEMBERSHIP

REPORT

Renewed Members Mr. Vidal Jones Mr. Worth W. Ross, CMCA, AMS Mr. Zachary Beasley Mrs. Diana R. Larson, AMS, PCAM Mrs. Joan Faye Lawyer, CMCA, AMS, PCAM Mrs. Kay Rinker Mrs. Kayelyn Scofield Mrs. Krystal Barbarito, CMCA, AMS, PCAM Mrs. Lisa Marie Sewell, CMCA Mrs. Rebekah Small, CMCA, AMS Mrs. Tami Smith, CMCA, AMS Ms. Alice M. McKee, CMCA, AMS, PCAM Ms. Amanda Griffin Ms. Anne Bernhardt Ms. Anne C. Fay, CMCA, AMS Ms. April Hubler Ms. Carol Lynn Mason Ms. Carrie Bailey Ms. Dana Sanchez, CMCA, AMS Ms. Debbie Gschwend Ms. Debra Decker Ms. Diane Barta, CMCA, AMS Ms. Francisca Micaela Kee, CMCA, AMS Ms. Heather Pittman Ms. Jackie Conklin Ms. Kelly O’Conner Ms. Krystal Mann Ms. Margie A. Maxwell Ms. Melissa O’Neill Ms. Melissa Zacha, CMCA, AMS

Ms. Ms. Ms. Ms. Ms. Ms. Ms. Ms.

Michele Hernandez, CMCA, AMS Monika Karin Loeffler, CMCA, AMS, PCAM Pam S Pinzone Rachel Garza Rosanne M Hill, CMCA, AMS Sarah Hunsinger, CMCA Susann Fortney Tia Singer, CMCA, PCAM

Rejoined Members Mr. Bill Brassfield Mr. Byron Sneed, II Mr. Carroll Lamb, Jr. Mr. Casey Russell Mr. David Gaona Mr. Ernestine Burtley Mr. John Joseph Carona, Jr., AMS, PCAM Mr. Rodney E. Cruz Mr. Stewart Masterson, CMCA Ms. Alison Kronebusch Ms. Brittany Roper Ms. Cheryl LeAnne Ladew Ms. Crystal Avendano, CMCA Ms. Dondi Morse Ms. Erin Muddie Ms. Kellye Garrett Ms. Liliana Olvera Ms. Marilyn Weinberger

Congratulations - New Membership Designations!

Mr. Brett Wiklund, CMCA, AMS, PCAM CCMC PCAM 1/8/2019 Mr. Dan Estep, CMCA, AMS CMA AMS 10/16/2018 Mr. Jimmy Orjuela, CMCA Castle Group CMCA 12/14/2018 Mr. Jordan Randall Low, CMCA Community Management Group CMCA 10/23/2018 Mr. Matthew Skipper, CMCA CCMC CMCA 11/30/2018 Mrs. Brittany Bittle, CMCA CCMC CMCA 12/14/2018 Mrs. Catherine Ivy, CMCA T&D Ross Management Services CMCA 12/27/2018 Mrs. Debra Campbell, CMCA, PCAM CCMC PCAM 1/8/2019 Mrs. Joan Faye Lawyer, CMCA, AMS, PCAM Crestpark Condominiums PCAM 1/8/2019 Mrs. Pamela Andersen-Balash, CMCA, AMS Insight Association Management AMS 12/20/2018 Ms. Crystal Avendano, CMCA Classic Property Management CMCA 12/27/2018 Ms. Josephine Johnson, CMCA, AMS, PCAM PCAM 1/8/2019 Ms. Kristi Bruening, CMCA, AMS Insight Association Management AMS 12/20/2018

Certified Manager of Community Associations (CMCA) - The CMCA is the only international certification program designed exclusively for managers of homeowner and condominium associations and cooperatives. The CMCA recognizes individuals who have demonstrated the fundamental knowledge required to manage community associations.

Association Management Specialist (AMS) - The second level in the career development track for community association managers. The AMS designation demonstrates a higher level of commitment to your career and the community association industry. An AMS designation is recommended for managers who want to enhance their career opportunities by increasing their knowledge and expertise.

Professional Community Association Manager (PCAM) - The pinnacle of community association management. The PCAM designation is the highest professional recognition available nationwide to managers who specialize in community association management. Earn your PCAM and join the elite—the select—the best. Recommended for experienced managers who want to demonstrate advanced skills and knowledge and who wish to be recognized as one of the best and most experienced managers in the nation.

40 • CONTACT, WINTER 2019

41 • CONTACT, WINTER 20196

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Olivia Hurtado, CMCA Vice President 214-717-2718 866-800-4656 ext.7567 olivia.hurtado@mutualofomahabank.com

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