Community Contact | Winter 2018 by dfwcai

Winter 2019 A Resource For Homeowners Associations, Condominiums, Townhomes, and Cooperatives CONTACTCommunity www.dfwcai.org

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CONTACTCommunity What Property Owners’ Associations Need to Know Before Filing a Lawsuit by Mia Lorick, Clayton Hearn, and Frank Carroll 12 Dedicating 2019 toPreparedness14 Condominium Unit Buyer’s Check List, Due Diligence needed prior to purchasing in AssociationCondominium By Joel W. Meskin, Esq., CIRMS, CCAL Fellow, MLIS 19 Comming Together to Preserve and Protect Our Watersheds 16 Greg Blackham, Aquatic Specialist at SOLitude Lake Management 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. 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.

2018 DFW CAI Chapter President Robin Anderson 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 been Enteringexecuted.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.

VICE PRESIDENT Anne Bernhardt Park Towers Condominium Association anneb972@gmail.com

MANAGEMENTDIRECTORS

PRESIDENT-ELECT Kevin CavanaughCavanaughandCompany, kcavanaugh@cavanaughcpas.comPLLC

2019 BOARD OF

James Nicholson, Chapter Executive Director DFW Community Associations Institute 14070 Proton Road, Suite 100 Dallas, TX 75244-3601 (972) www.dfwcai.org246-3540 office@dfwcai.org

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

DIRECTORS Clayton Hearn Roberts Markel Weinberg Butler Hailey, PC chearn@rmwbhlaw.com John Shaffer john@summitparc.comWorthW.Ross,CMCA, AMS Worth Ross Management Company, AAMC worth@worthross.com

2019 DFW CAI Chapter President Bruce Crawford, AMS, PCAM

TREASURER Robin ReconstructionAndersonExperts, Inc. robina@reconexp.com

SECRETARY Chris Broach, CMCA, AMS, PCAM SBB Management, Company, c.broach@sbbmanagement.comAAMC

EDUCATION SPONSORS Greater Texas Landscape Pool SouthernRBFCURefereesBotanical

2018 DFW CAI Olivia.Hurtado@mutualofomahabank.comAmbassadorsChairpersonsCommitteeofFunOliviaHurtadoMutualofOmahaCommunityAffairsCommitteeBarbaraThomas,CMCAbarbaramcthomas@gmail.comMembershipCommitteeCindyMartin,CMCA,AMS,PCAMSBBManagementCompany,AAMCc.martin@sbbmanagement.comHighRiseManagersForum(Co-Chairs)WorthW.Ross,CMCA,AMSWorthRossManagementCo.,AAMCworth@worthross.comExpoCommitteeBettyClaradyBenson,Kerrane,Storz,&Nelson,PCbetty@bensonopc.comProgrammingCommitteeBeverlyCoghlan,CMCA,AMS,PCAMNeighborhoodManagement,Inc.,AAMCbeverly@nmitx.comMagazineCommitteeBettyCrudden,CMCA,AMS,PCAMSBBManagement,Company,AAMCb.crudden@sbbmanagement.comGolfCommitteeJeffHigginsMcKenzieRhody,LLPjhiggins@mrcdlaw.com

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6 • CONTACT, WINTER 2019 8360 LBJ Freeway, Suite 300 • Dallas, TX 75243 • Phone (972) 960-2800 • Fax (972) 991-6642 www.sbbmanagement.com • emailus@sbbmanagement.com Access Your HOA-Anytime,Anywhere AAMC® Find us on AccreditedAssociation Management Company People are our passion. Communities are our service. Teamwork is our focus.

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

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

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

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

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,

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 Aauthority.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.

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By Mia Lorick, Clayton Hearn, and Frank Carroll

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.

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.

3. Ratification by Silence

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. 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.

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.

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© 2019 ROBERTS MARKEL WEINBERG BUTLER HAILEY PC 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. 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

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.

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.

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.

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.

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.

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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.

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.

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

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 Startfriends.(ormaintain)

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 Disastersmedications.canstrikeanywhere, 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.

Dedicating 2019 to Preparedness

Maintain Your Property to Prevent Disasters

15 • CONTACT, WINTER 2019 We are dedicated to building better NMI@NeighborhoodManagement.comNeighborhoodManagement.comcommunities!BeverlyCoghlan,CMCA,AMS,PCAMBeverly@nmitx.com972.359.1548

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Did you know that everyone on this planet lives in a watershed?

• 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.

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

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.

Coming Together to Preserve and Protect Our Community Watersheds

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.

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 Priordisease.toheavy 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 Lakesfacilities.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.

• 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.

•conduits.Useenvironmentally-friendly detergents and cleaners when washing vehicles and pressure-washing houses. Look for soaps that are formulated to be biodegradable.

• 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).

Greg Blackham, Aquatic Specialist at SOLitude Lake Management

• 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.

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:

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

Proactive

18 • CONTACT, WINTER 2019 800.992.4384 | EmailUs@AssociationVoice.com www.AssociationVoice.com Why do most of the management companies who switch to AssociationVoice stick with us year after year? It’s easy! Our clients know simple to use web sites are the only ones that not only get embraced by their communities, but make their lives easier. From messaging and maintenance, to accounting integration, now you can try AssociationVoice risk free for 90 days. You can see rsthand the easier your website the more they’ll use it, and the easier your life will become. Community Management life can be hard That’s why AssociationVoiceWeb sites are easy.

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:

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.

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.

• 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.

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

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

• 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.

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• 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.

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)

Funded Reserve Study - If the association has a reserve study, is it funded, and if so, what percentage is it funded? Reserve Study Update – When was the reserve study last updated 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)?

Unit Buyer’s Check List

Condominium

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

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By Joel W. Meskin, Esq., CIRMS – Managing Director Community Association Products Joel W. Meskin (Ignorance is not Bliss or a defenseItem

Pending Lawsuits Against Unit Owners - Does the association have any lawsuits pending against any unit owners or vendors? Reserve Study - Does the association have a Reserve Study? If no, why not?

Complete 9.8.7.6.5.4.3.2.1.

Research

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)

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?

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 Directorscoverage?&Officers

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.

20.19.18.17.16.15.14.13.12.11.10.

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?

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)

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?

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

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?

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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?

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

Elections - Has there been a challenge to the board election within the last 24 Developermonths. – Is the developer on the board and/or control the board.

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

Miscellaneous Notes:

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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?

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?

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24 • CONTACT, WINTER 2019 800 726 www.playwellgroup.com1816SheltersSiteFurnishingsSafetySurfacing • FREE Site Design Visits • FREE Estimates • FREE Project Mgmt. • FREE Maint. Training • FREE Annual Inspections Not AverageYour CPAs Since 1985 Our friendly, personalized service and exceptional support set us apart from the rest. we have been providing condominium and homeowner associations with the following: ▪ Audit Services ▪ Review Services ▪ Compilations ▪ Bookkeepingwww.timothydevolt.com | OFFICE clientsupport@timothydevolt.com972-980-43154099McEwenRoad,Suite130FarmersBranch,TX75244 ▪ Income Tax Preparation ▪ Franchise Tax Preparation ▪ Annual Vote Counts ▪ Consultation Contact us today for a free initial consultation

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26 • CONTACT, WINTER 2019 Knowledge. Expertise. Value. ©2018 RTI/Community Management Associates, Inc. All rights reserved. AAMC A CC R ED I TED A SSOC IATION MANAG EME NT CO MPANY Contact: Jean Sloan (972) 943-2848 or visit us online at: www.cmamanagement.com What Are You Looking For in a Management Company? Community. Well Served. Community.WellServed.Community.WellServed. 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 quali ed sta • 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. Founded in 1983, CMA has grown to be one of the largest locally owned management companies in the Metroplex.

27 • CONTACT, WINTER 2019 1449ForestLane Garland,Texas75042 Office Fax Residence (972)271-9502 (972)271-8758 (972)475-8261 paul@paulbakerinsurance.com CalltheCommercialInsuranceSpecialistToday!PaulBakerInsuranceAgency,Inc. Specializingininsuranceforcommunity associationsofallsizesthroughout Texasfor years. 4 MasterPolicies 4 PersonalLinesprogram 4 D&O home,auto,life,healthand 4 CommercialUmbrellasumbrellacoverages 4 FidelityBonds 4 Condounitownersandrenters 4 24-hourClaimsServicecoverageavailable 4 CAIMember 4 Vendorreferralsonrequest 4 Askaboutourdiscounts! Call(972)271-9502today! MakeSureYourCondoAssociationInsuranceisaGreatFit! 55

28 • CONTACT, WINTER 2019 One Partner for All your Landscape Needs Design • Develop • Maintain • Enhance Contact Us Drew Drew.Dunn@brightview.com817-430-4848Dunn www.brightview.com

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.

A Resident Expert in your Landscape

29 • CONTACT, WINTER 20196

30 • CONTACT, WINTER 2019 WATER & FLOOD DAMAGE RESTORATION SEWAGE CLEANUP FIRE / SMOKE RESTORATION MOLD & ASBESTOS REMEDIATION CRIME SCENE / TRAUMA CLEAN-UP 2270 Springlake Rd. Ste 400 Farmers Branch, TX 75234 (214)227-7530 • TexasDisasterRestoration.comkayelyn@texasdisasterrestoration.com(214)989-7674

31 • CONTACT, WINTER 20196 •Asphalt & Concrete •Parking Lots, Sidewalks & Curbs •Asphalt Crack Seal & Seal Coat •Concrete Crack & Joint Seal •Striping, Signage & Bollards •ADA ComplianceSOLVEPROBLEMPAVEMENTYOURS,D. pavecon.com Trusted CAI Member Since 2002 Free Quotes. Call Now. 972.263.3223

32 • CONTACT, WINTER 2019

33 • CONTACT, WINTER 20196 For your reserve study proposal, contact Jacque Martin at (800) 221-9882 or visit reserveadvisors.com. Easy To use. Does Pretty much everything. It Our remarkably simple reserve study system. RESERVE STUDIES 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.

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

**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

There is help for your homeowners association!

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?

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. Committed to our communities 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 Association Services Melissa Peters, VP, Relationship Manager 251-340-8747 • MDPeters@BBandT.com  Payment processing  Association loans  Payments by ACH and online  Coupon books and statements 1-877-NO-POTHOLE (1-877-667-6846) (817) 540-0652 Dallas Office (281) 758-8434 Houston Office Fast Friendly Service! Asphalt Paving & Repair / Concrete Paving & Repair / Sidewalks / Crack Sealing / Sealcoating / Striping / Dumpster Pads 36 • CONTACT, WINTER 2019

HowMagazineDoISubmit

right to reject any adver sing contract or inser on for any reason. 5

How Do I Adver se? Size Dimensions Rates (per issue) Members Non-Members 1/8th Page 3.625w x 2.325h $100 $125 1/4 Page 3.625w x 4.875h $175 $250 1/2 Page (vert.) 3.625w x 9.875h or $250 $325 (horiz.) 7.5w x 4.875h Full Page 7.5w x 10h $375 $475 Inside Front Cover 7.5w x 10h (4 Available) $425 N/A Inside Back Cover 7.5w x 10h (4 Available) $425 N/A Outside Back Cover 7.5w x 6h (4 Available) $500 N/A Buy Two or Three Issues & Receive a 5% Discount! Buy All Four Issues & Receive a 10% Discount!!! Posi oning of adver sing is at the sole discre on of the Editor. Preferred posi ons may be available—inquire for availability and price. Cancella ons or changes of orders are not accepted a er the closing date. If proofs are not furnished, reproduc ons and registra on quality is at the adver ser’s risk. Adver ser and adver sing agency assumes liability for all content including text representa on and illustra ons of adver sements printed and also assumes responsibility for any claims arising there from made against the publisher. The publisher reserves

An Ar cle?

37 • CONTACT, WINTER 20196

The DFW Chapter welcomes ar�cles! If you have an ar�cle that you believe would be important to our membership, you can send it directly to the DFW Chapter by e-mailing oﬃce@dfwcai.org. Ar�cles can range anywhere from 700 words to several thousand words. We prefer that they be submi�ed in Word format. If you have pictures that accompany the ar�cle, please send them as a�achments instead of inside the body of the ar�cle. Ar�cles should be informa�ve in nature. You are welcome to provide a brief bio about the speaker, your company or community, along with contact informa�on for inclusion at the end of the ar�cle. Ar�cles and adver�sements are accepted un�l the middle of the month prior to publica�on. Contact is produced every quarter, in March, June, September, and December, so we would need your ar�cle or adver�sement no later than February 15, May 15, August 15, and November 15 to ensure inclusion in the upcoming magazine. Contact is mailed to over 500+ ac�ve members each quarter. the

BWGMr.Stuart.reed@associa.usTerrellMcGathPropertyOwnersAssociation (254)394-5702

Mr.eyesdeep24.7@gmail.comBrettRussell PMG brussell@principal-mgmt.com(214)368-4030North-Dallas

Association Reserves - Texas (737)402-7201

Jason Dale Hampton FirstService Residential (817)769-8570

NeighborhoodMattmpetrisin@nmitx.comMcgeeManagement, Inc. (972)359-1548 (142)

Mr. Clayton Coleman BWG Property Owners Association kayakfishTX@gmail.com(903)920-4501

TheMr.todd.yamaoka@fsresidential.comTomGerlacherVillageatFriscoLakes Community Association (972)704-3003

WorthMr.tomgconsulting@yahoo.comWorthW.Ross,CMCA,AMSRossManagement (214)522-1943 (202) NeighborhoodMrs.worth@worthross.comAngelaSpikesManagement, Inc. (210)254-5678

Mr. Andy Gaines BWG Property Owners Association (817)488-8115

Lanakmcmullen@cmamanagement.comRalls lana_0974@yahoo.com(682)622-9637

Mary NeighborhoodPetrisin Management, Inc. (972)359-1548

Mr.mmcgee2@nmitx.comAndrewCreamer Building Engineering-Consultants, Inc. acreamer@be-ci.com(713)970-1718

(928)503-1771

april@bloomfieldhomes.net(817)416-1572

Mr.Ryan@horizonguardservices.comStuartWendelReed,CMCA PMG North-Ft. Worth 628-325-5364

TheMrs.treasurer@bentwater.orgJordanVelazquezResidencesatWDallas (214)397-4100 (4191) jordan.velazquez@marriott.com

BWGMr.padraic.mulcahy@marriott.comRobertPresneyPropertyOwnersAssociation rpresney16@gmail.com(817)253-5578

HorizonMr.genmgr@hideawaytexas.netRyanGreen,Sr.Security,LLC. (214)433-7510

BWGMr.president@bentwater.orgBillFarmerPropertyOwnersAssociation

Mr. Jeff Hoyt BWG Property Owners Association (682)936-4105

Mr. Elden Hale The Village at Frisco Lakes Community Association (972)377-2422 Mr.eldentx@gmail.comElonGoldman,RS

WatertonMr.kopchak52@gmail.comMichaelMooreConstruction Group (469)907-2923 DistinguishedMr.mmoore@watertonconstruction.comMichaelRobbinsPrograms (972)865-4979 mrobbins@distinguished.com

CCMCMrs.aspikes@nmitx.comBrandyHotchkiss (972)548-9191

Mr. Padraic Mulcahy

Mr.secretary@bentwater.orgTerryLangermanBWGPropertyOwnersAssociation (760)221-6395 Mr. Todd Yamaoka (214)914-7653

BWGMr.bonemanaxl@gmail.comJerryBuxtonPropertyOwnersAssociation (817)550-3056 Mr. Kevin FirstServiceOrlandoResidential (469)203-5551

OnGuardMr.marcusrobinsontx@yahoo.comMarkVallsCameraSystems (214)415-9454

MEMBERSHIP REPORT

April L Woods

PositanoMr.grsmith@veritexbank.comHalEConeCondominiumAssociation, Inc. (972)489-8489 WorthMr.hal@rightadvantage.comJaimeMoralesRossManagement (817)724-5996 jaime@worthross.com

WorthMr.mark@onguardcamerasystems.comMatthewMarkKopchak,CMCARossManagement (724)882-5621

The Residences at W Dallas-Victory (469)662-0730

CCMCMr.korlando2283@gmail.comMarcusOrlandoRobinson (972)548-9191

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

38 • CONTACT, WINTER 2019

BWGMrs.bhotchkiss@ccmcnet.comDeniseHoytPropertyOwnersAssociation (682)936-4105

New DFW CAI Members

BWGMr.egoldman@reservestudy.comGaryHawkinsPropertyOwnersAssociation (682)936-4313

RTI/CMAKevinjayonote@cmamanagement.comMcmullenManagement (972)943-2853

Mr. Greg A. Smith Veritex Community Bank (469)547-4760

BWGMr.andygaines@verizon.netBenCarrollPropertyOwnersAssociation (817)579-1716

RTI/CMAJoannejason.hampton@fsresidential.comAyonoteManagement (972)943-2866

Mr. Donny StandpointDisbro (949)677-9445 ddisbro@revopay.com

CCMCMs.rmgoddard@att.netShonnaCamacho (469)724-3284

Ms.brossi@nmitx.comCallieColeman (512)373-9686

Ms. Marnie Renee Mcleod Somerset Association Management (512)477-5095

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

Mrs. Yolanda M. Wilson City of Mesquite (972)216-6473

Ms. Jill Pruyn CCMC (972)422-9280

39 • CONTACT, WINTER 20196

BWGMs.ywilson@cityofmesquite.comAlisonHagerPropertyOwnersAssociation hager76248@gmail.com(817)448-4830

Ms. Amy Jones CCMC (214)471-4035

Ms. Beth brossi@nmitx.com Rossi Neighborhood Management, Inc. (484)566-0081

Ms.callie.coleman@live.comCarolHaid

PMG (214)368-4030North-Dallas Ms. Courtney Gray Somerset Association Management (512)477-5095

LiftMasterMs.cgray@somersetassociation.comDebbieMatuszak (630)279-3600

BWGMs.debbie.matuszak@chamberlain.comJessSeawellPropertyOwnersAssociation (817)578-3603

MEMBERSHIP REPORT

Renewed Members

GoodwinMs.mmcleod@somersetassociation.comPraneEArroyoHarrisonManagement,LLC (214)445-2721

Ms.rrowley@sccombank.comRosieDelCarmenMorataya,

SingerMs.jpruyn@ccmcnet.comJulieBarellaAssociationManagement, Inc. (972)402-8352 julie.barella@singermanagement.com Ms. Karen Wicks-Langhart, CMCA RTI/CMA Management (409)370-7552 kkltex@gmail.com

CMCA Goddard Management, LLC. 972-920-5474

Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.LoriJosephineDarrellscamacho@ccmcnet.comTraegerLeeperJoBallAnthonyGivensBarryJones,CMCA,AMSBillCrawford,CMCABlairDescourouezBradFraleyBrandonL.HallCameronGschwendCarlHedrick,CMCA,AMSCarlK.HergesellChristianJudy,CMCAChristopherDominiqueAyoubColinChopinDanielC.Thomas,CMCA,AMSDouglasS.HastyGabeSantiago,CMCA,AMSGaryMatochaGregoryS.Cagle,Esq.JerryBridgesJohnArmstrongJohnBeall,CMCA,AMS,PCAMJosephAnthonyRivas,Sr.KentP.ColemanKevinCavanaughKristopherGrooms,CMCAMichaelReeves,CMCA,AMSPatrickClark,CMCA,PCAMPaulZellarRhettHubbardRichardHamilton,RSRobertJ.Koop,CMCA,AMS,PCAMRobertKlingRonS.LittmannThomasA.SharpThomasJ.Armstrong,AMS,PCAMToddDavidson,CMCA,AMS,PCAMTomMartin

New CAI Members

DFW

SeacoastMs.prane.arroyo@goodwintx.comRachelRowley,AMS,PCAMCommerceBank (331)305-0869

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

Ms.ajones@ccmcnet.comBayleyBowser

Mrs. Catherine Ivy, CMCA T&D Ross Management Services CMCA 12/27/2018

MEMBERSHIP REPORT

Congratulations - New Membership Designations!

Mr. Jordan Randall Low, CMCA Community Management Group CMCA 10/23/2018

Mr. Jimmy Orjuela, CMCA Castle Group CMCA 12/14/2018

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.

Mrs. Pamela Andersen-Balash, CMCA, AMS Insight Association Management AMS 12/20/2018

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.

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,

40 • CONTACT, WINTER 2019

RenewedAMS Members

Mr. Dan Estep, CMCA, AMS CMA AMS 10/16/2018

Mr. Brett Wiklund, CMCA, AMS, PCAM CCMC PCAM 1/8/2019

Mrs. Joan Faye Lawyer, CMCA, AMS, PCAM Crestpark Condominiums PCAM 1/8/2019

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

Mrs. Brittany Bittle, CMCA CCMC CMCA 12/14/2018

WeinbergerRejoined Members

Ms. Josephine Johnson, CMCA, AMS, PCAM PCAM 1/8/2019

Ms. Crystal Avendano, CMCA Classic Property Management CMCA 12/27/2018

Ms. Kristi Bruening, CMCA, AMS Insight Association Management AMS 12/20/2018

Mrs. Debra Campbell, CMCA, PCAM CCMC PCAM 1/8/2019

Mr. Matthew Skipper, CMCA CCMC CMCA 11/30/2018

41 • CONTACT, WINTER 20196

171258 Olivia Hurtado, CMCA Vice President 214-717-2718 866-800-4656 ext.7567 olivia.hurtado@mutualofomahabank.com mutualofomahabank.com MemberFDIC EqualHousingLender