Community Contact | Summer 2020

Community

Summer 2020

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

FEATURING: *Pools in a Pandemic *Remote Virtual Meetings *Promoting Outdoor Activities in Your Community

www.dfwcai.org

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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

1 • CONTACT, SUMMER 2020

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

www.cleanscapes.net | info@cleanscapes.net 2 • CONTACT, SUMMER 2020

Community

CONTACT

Remote Virtual Meetings 31

By Dean A. Riddle and Julie L. Dupont Riddle & Williams, P.C.

12

The Value of History

by Charles Seamen, Operations Manager Allied HOA Management

Back to Basics: Nanobubbles vs.

Fountains vs. Submersed Aeration

32

Successful Meetings in a Virtual World

35

Promoting Outdoor Activities in Your Community

38

By Bo Burns, Biologist & Market Development Manager SOLitude Lake Management

14

Ensure Your Roof Investment Lasts With These Summer Roof Maintenance Tips

by Stew Carson, Creative Director

By Marc Markel, Founding Shareholder and Eric Tonsul, Shareholder Roberts Markel Weinberg Butler Hailey, PC

By Yellowstone Landscape

Member News 42

18

Summer Pond Management

24

Pools in a Pandemic

Membership Report 48

by Bryan Farquhar, M.S., Magnolia Fishers & Lonestar Fountains

by Mark Valls, Owner OnGaurd Camera Systems

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.

2020 BOARD OF DIRECTORS

2020 DFW CAI Chapter President Kevin Cavanaugh

President

Kevin Cavanaugh Cavanaugh & Company, PLLC e-mail: kcavanaugh@cavanaughcpas.com

President-Elect

Clayton Hearn Roberts Markel Weinberg Butler Hailey PC e-mail: chearn@rmwbhlaw.com

Vice President

Chris Broach, CMCA, AMS, PCAM SBB Management Company e-mail: c.broach@sbbmanagement.com

Secretary

Anne Bernhardt Park Towers Condominium Association e-mail: anneb972@gmail.com

Treasurer

Diana R. Larson, AMS, PCAM Assured Association Management, Inc. e-mail: dlarson@assuredmanagement.com

Board Member

Bruce Crawford, AMS, PCAM Insight Association Management Company e-mail: bcrawford@insightam.com

Board Member

Olivia Hurtado, CMCA CIT e-mail: olivia.hurtado@cit.com

Board Member

John Shaffer e-mail: jshaffer@theshaffers.com

Board Member

Joe Veach Globus Management Group e-mail: jveach@globusmanage.com

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

I hope all is well with everyone and their families. As we all continue to deal with these unprecedented times, please know the Chapter through its committees and staff are working hard to bring you useful information.

As evidenced by this edition of our magazine for one instance. Also, you should have recently received the annual updated directory. Our programing committee along with our staff continues to work to bring online content and programs that are relevant to these current times. The National organization continues to produce the Common Ground as well as programs.

The Board continues to monitor the changing conditions. For August and September, the Board has decided not to hold any in person events.

Unfortunately, this means our Expo has been move next spring. We are grateful to our exhibitors for there understanding of this postponement.

We also wish to thank the venues for working with us to re-schedule events. If things improve, we maybe be able to hold some controlled events in October and are working with other chapters to come up with best practices to implement. We are hopeful that as an outside event our golf tournament can be held in October.

The Board and I would also like to congratulate James Nicholson for winning a National award as 2019 Chapter Executive Director Rising Star. Congrats James – well deserved.

When disaster strikes, let

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But that’s where we come in.

As a full-service general contractor, Classic Construction offers professional and expert service - whether it’s handling Insurance Claims, Catastrophic Losses, 24-hour Emergency Care - even a Free Estimate of the present damage to your property.

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972.437.0909 5 • CONTACT, SUMMER 2020

THANK YOU TO OUR 2020 ANNUAL SUPER SPONSORS!

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Diamond Sponsors

CCMC, AAMC RTI/Community Management Associates, Inc. “CMA”, AAMC Insight Association Management, AAMC McKenzie Rhody, LLP Neighborhood Management, Inc., AAMC Roberts Markel Weinberg Butler Hailey, PC Southern Botanical Texas Disaster Restoration Texas Security Bank Worth Ross Management Company, AAMC

Platinum Sponsors

ACME Roof Systems, Inc. Alliance Association Bank Blackmon Mooring / BMS CAT Brightview Landscape Services Carpenter Hazlewood Degado & Bolen CIT Five Star Pools Globus Management Group Kerrane Storz, PC Kilowatt Partners Robert's Pool Service Scarbrough, Medlin & Associates SOLitude Lake Management Timothy, DeVolt & Company, P.C.

Gold Sponsors

BB&T Association Services Davis-Dyer-Max, Inc. Henry Oddo Austin & Fletcher, P.C. Masix Construction RealManage RESCON Yellowstone Landscape Services

Silver Sponsors

Advanced Association Management Bob Owens Electric Co., Inc. Excel Association Management, Inc., AAMC Pavecon, Ltd. Riddle & Williams, PC Union Bank

Bronze Sponsors

Allegra Marketing Print Mail Canady & Canady, PC Cavanaugh & Company, PLLC Classic Property Management, AAMC Kraftsman Playground and Park Equipment Master Systems Courts SBSA, Inc.

Education Sponsor

Randolph-Brooks Federal Credit Union

This “Deep In The Heart of Texas” logo recognizes our Business Partners who are apart of all four CAI Texas Chapters.

2020 DFW CAI COMMITTEES Ambassadors of Fun

Committee Chair: Montana Hantes

Community Affairs

Committee Chair: Wendy Hazlewood

Expo

High Rise Managers Forum

Committee Co-Chairs: Kathy Epperson, PCAM and Matt Kopchak, PCAM

Magazine

Committee Chair: Betty Crudden, CMCA, AMS, PCAM

Committee Co-Chairs: Betty Clarady and Robin Anderson

Membership

Golf Tournament

Programming

Committee Chair: Jeff Higgins

Committee Chair: Cindy Martin, CMCA, AMS, PCAM

Committee Chair: Ruth McLaughlin, CMCA, AMS

7 •7CONTACT, SUMMER • CONTACT, WINTER2020 2019

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To learn more about how Castle Group can serve your community, please call 844.815.5321.

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By Charles Seamen, Operations Manager Allied HOA Management The importance of knowledge retained by the Association Manager of an Association’s history is key to long term success for both the Association and its Manager. Knowledge obtained by experience cannot be accomplished with good Record Retention, alone. The best decisions must always be informed by the Association’s informal history, but the tenure of their Management Company and Association Manager is often an invisible asset to them.

This was driven home when I read a book purporting to inform HOA board members of how to be effective. The author, who had served on HOA boards for many years, had wisely chosen most of his topics. but his credibility took a fatal dive when he ineptly advised readers that “HOA’s should change Management Companies every three to four years.” Immediately, the unnecessary waste of taking such actions flashed into my mind, but the next thought was just as alarming, “How on earth could the constant churning of Management Companies replace critical knowledge obtained by a manager’s years of direct experience?”

When just one Board member leaves, some knowledge of important history inevitably leaves with them. Without the stability of a Manager who has been involved with the Association for some years, questions or policies already settled previously may be agonizingly reconsidered. Does the perimeter wall belong to the HOA or to individual homeowners? Should we spend several thousand dollars painting all the light poles, or does the power company do that? What creek maintenance belongs to the HOA, and which belongs to the City? Has this section of the governing documents been clarified by an attorney, or do we need to spend time and money doing that?

The list of such questions could be substantial, and so would be the costs in time, money, and frustration. There are certainly valid reasons to change Management Companies, but because they were virtually “stamped” with an arbitrary expiration date that is detrimental to the community is not one of them.

An example of added efficiency based on stable, solid historical information took place at a mid-sized HOA one of our Association Managers has managed for many years. It could not sustain an onsite manager or hire a courtesy guard. It was also in an area where the neighborhood consisted largely of apartments. At that time, these surrounding properties were badly run and rapidly 12 • CONTACT, SUMMER 2020

deteriorating. These properties stopped opening their pools due to their high operating costs and the overly competitive rent rates in the area. The HOA’s pool was the only one the City had not allowed to permanently close, due to the Association’s governing documents. This means the pool was constantly subjected to trespassers from the neighborhood, so the HOA members could not even use their own pool. This went on for several years, with serious vandalism becoming routine. The Board and the homeowners had enough of this and tasked the Association Manager to find a permanent solution that fit their budget. Fortunately, the comprehensive financial and historical knowledge accumulated over many years of managing that HOA helped the manager determine a feasible solution that the homeowners could accept.

Over the years the Management Company had tracked special pool repairs separately from pool service or routine maintenance, so all the data from past years were quickly processed. This meant no other costs had to be separated out, and the evidence gathered was credible to the homeowners.

Collating and interpreting information, if that HOA had used three different managers during that time period, would have slowed the process considerably, and changed “we know,” to “we approximate.”

After creating a simple spreadsheet for use at a Special Meeting, quotes were obtained to assure the community there were immediate and permanent savings involved. The presentation of the question was well received. A vote was taken and the decision to change the Declaration and the legal plat was unanimously approved. This enabled removing the pool completely and installing simple landscaping to create an more vandal-resistant courtyard.

To be a valuable resource to our client Associations, one of the most useful we provide is application of the Association’s history we have personally witnessed, especially since the makeup of any Board of Directors is subject to many reasons for change.

Charles Seamen Allied HOA Management Mansfield, TX Charless@AlliedHOAMgmt.com

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To learn more, visit CCMCnet.com or call 469-246-3500 13 • CONTACT, SUMMER 2020

1. Look For Obvious Signs of Disrepair Now that it’s summer and your roof is more visible, look for missing shingles or damaged are-as on the flashing. Note anything that doesn’t look like a healthy roof.

Catching problems early is key to preventing bigger, more costly repairs down the road. Big re-pairs not only hurt your pocketbook but can affect the interior of your home as well. One leak can lead to major internal damage that may create a cascading effect, causing other damage.

Hire a professional roofing contractor to come out for a roof inspection.

2. Gutters and Drains and Downspouts, Oh My! Keeping your gutters and drains clear is one of the most important things you can do for your roof. Many people clean them out during the fall because it seems the most obvious time to do so, given leaf debris, etc. However, things can get stuck in there year-round.

Gutters and drains help to direct the flow of water away from your roof and home.

If this flow becomes blocked, it won’t divert water efficiently and could create a blockage.

The blockage of water flow in your gutters and drains can cause many different issues for your roof. Blockage on your systems can cause standing or pooling water on your roof, causing dam-age to decking as well as your attic.

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Though drains may not seem like a big part of your summer roof maintenance planning, dis-missing “gutter health” can have serious consequences if left unchecked. Another great way to spot problems is by looking for shingle granules in your drains. This is a sign that your roof might need some love!

3. Fear The Fungus When doing summer roof maintenance, look for potentially dangerous fungus, algae, or mold. Not only is mold detrimental to your roof, it could also be dangerous to the people living in the house as it begins to penetrate the roof or walls of your dwelling.

You should not attempt to remove mold from your attic on your own. Hire a professional who can remove the mold from your attic with appropriate safety equipment, as inhaling mold holds many health risks.

4. Trim Those Trees!

When you’re performing your summer roof maintenance, consider the trees surrounding your property, and specifically your roof. Trim back any overhanging tree limbs or branches as they can be not only dangerous.

Unkempt tree limbs can destroy your roof over time through consistent granule loss.

Unhealthy trees are always a risk during big storms as well. The less debris on your roof, the better!

5. Ventilation Matters Ventilation is a critical factor in keeping

your roof in good condition and prolonging its effec-tiveness. Take a look at your monthly utility bill. If there have been any major “spikes” or changes to your bill outside of normal seasonal changes, it may mean your ventilation system is out of balance.

Again, if you can spot ventilation issues when they are smaller, you can remedy them before they create a more serious problem with your roof.

Curled, brittle shingles are a sure sign that your ventilation system is not performing as it should. If you recognize this characteristic on your roof, call a professional roofing contractor and have them perform a ventilation assessment!

A Final Word Your roof may not be the first thing on your mind this summer, but it’s critical to make summer roof maintenance a priority.

In fact, seasonal roof maintenance is important all your round. Your roof may look “okay” with the naked eye, but it’s not uncommon that, after closer inspec-tion, you find issues that need repairing.

Spotting issues in the early stages will benefit both your property and your wallet!

For seasonal roof maintenance tips, download our free PDF at: AspenmarkRoofing.com/SeasonalRoof-Maintenance-Tips.

Contact Us Dallas HQ: 214-823-7663 San Antonio Office: 210-670-6111 Info@AspenmarkRoofing.com AspenmarkRoofing.com

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Property Management — Meeting the financial needs while adding a personalize touch to community and homeowners associations.

At Texas Security Bank, we recognize the unique challenges of your profession and we have purposefully positioned our bank to meet those needs. We provide you with exemplary cash management through a combination of personalized customer service, powerful banking tools and cost-free continuing education by way of our acclaimed Business Speaker Series.

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Jasmine Evans jasmine.evans@texassecuritybank.com 469-398-4816 16 • CONTACT, SUMMER 2020

QUALITY LANDSCAPING. BEAUTIFUL RESULTS. Maintenance | Certified Tree Care | Landscaping 214.366.2103 | INFO@SOUTHERNBOTANICAL.COM WWW.SOUTHERNBOTANICAL.COM 17 • CONTACT, SUMMER 2020

By Bryan Farquhar, M.S. Aquatic Biology/AFS Certified Fisheries Professional Magnolia Fisheries & Lone Star Fountains

After getting through one of the wettest springs on record here in north Texas, we have now prematurely entered the dog days of summer. In fact, May 2020 went down as the 2nd hottest ever recorded in D/FW weather history. There is little doubt that our summer will be characterized by extended periods of dry conditions with temperatures routinely exceeding 95 degrees.

This is just something that most native Texans have learned to accept and adapt to.

The question is how will your community ponds respond to these harsh conditions? Ponds begin to undergo natural changes once water temperatures reach 85 degrees. These include reduced levels of dissolved oxygen, increased evaporation rates, changes in water chemistry, and heightened fish stress due to elevated temperatures. One of the most common transformations of a managed pond is a shift in the type of algae and aquatic weeds present. Delicate filamentous algae and most submersed aquatic weeds are typically on their way out due to springtime algaecide/herbicide applications. However, they are often replaced by more difficult to control aquatic species such as lyngbya, blue-green algae, and summer loving algae species like Pithophora and Chara. All of these aquatic pests prefer warm, stagnant water that is rich in nutrients. Unfortunately, these are the summertime characteristics of most community storm-water ponds.

Treating algae in extreme heat can be very challenging. As mentioned earlier, a pond’s ability to hold oxygen is reduced during the summer. Algae that is dying from treatment further reduces dissolved oxygen levels. Though the products are safe, the byproduct of decomposing algae or weeds can trigger a fish kill. In order to minimize this risk, the product labels state that ponds should be treated in sections spaced 10-14 days apart.

The product labels also legally define how often algaecides or herbicides can be applied to the same area. This is known as the “minimum re-treatment interval”. In most cases, the minimum retreatment interval is 14 days. Therefore, you may notice lake managers treating the pond in sections rather than treating the

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entire perimeter on a given day. This is the best management practice (BMP) for keeping your water quality high enough to support fish and other aquatic wildlife through the trying time of summer.

One of the most noticeable changes you may see during the summer is a significant drop in water levels. Evaporation rates of storm-water ponds can exceed 0.3 inches per day under severe drought conditions. This does not include additional water loss due to seepage, high winds, and surface aerators. Therefore, it is not uncommon to lose up to 2 feet of water during a 30 day drought period. What does this mean for your pond? It means that your shallow, problem areas will become even shallower.

In severe cases, you may see accumulated sediment mounds beginning to break the surface and/or fountains begin to tilt due to inadequate water depth. We have even seen stormwater ponds dry up completely over a few months of extremely harsh weather conditions. In some cases, the community should consider dredge renovation to ensure adequate pond depths during the summer months.

Summertime algae growth becomes a major problem when water levels begin to drop. Not only does this create the perfect environment for noxious growth, it also makes routine algae treatments more challenging. For example, under normal conditions, algae will succumb to the treatment and sink to the bottom where it decomposes over time. However, the process of natural decomposition slows down considerably during the summer when dissolved oxygen levels are reduced. This is referred to as “anaerobic” decomposition. As a result, the dead algae may sit on the surface for several weeks. In this state, it will appear as gray, yellow, or brown mats. Physically removing the dead algae is rarely an option since it reproduces by fragmentation. Therefore, if you disturb the algae before it is allowed to naturally decompose, you run the risk of stimulating another bloom of living algae. Depending on the species, it may even come back more aggressively. As pond managers, our operating procedure throughout the summer is to apply

algaecides as needed within the allowable EPA guidelines (product labels). Applying additional product to algae that is already dead would be a wasteful expenditure of management funds and possibly a violation of EPA law.

There are some things that communities can do to help slow the spread of algae and problematic aquatic weeds during these adverse summertime conditions. Below are ten guidelines universally accepted by qualified pond managers, academic researchers, and government environmental agencies:

1.

Reduce the use of landscape fertilizer in areas around the pond.

2.

Bag all grass clippings and leaves to prevent them from entering storm drains.

3.

Pick up and discard all pet waste.

4.

Do not feed waterfowl or turtles.

5.

Plant or maintain existing shoreline plants to filter runoff and absorb nutrients.

6.

Consider a “No Mow” buffer strip around the pond edge.

7.

Consider EPA approved pond dyes to suppress sunlight penetration and algae growth.

8.

Preserve desirable aquatic plants in moderation to help reduce the growth of more problematic weeds and algae.

9.

Tolerate some degree of algae growth during the summer as part of the natural ecosystem.

flows and filter pollutants before the water replenishes our source of drinking water. However, a well-managed pond can be a valuable resource for the community that provides aesthetic value, angling opportunities, and outdoor recreation. With each passing season, lake managers are faced with a fresh set of problems. The sweltering days of summer are by far the most complicated for us, the community residents, and the fish and wildlife that live in the pond.

Bryan Farquhar M.S. Aquatic Biology/AFS Certified Fisheries Professional Magnolia Fisheries & Lone Star Fountains www.magnoliafisheries.com

10. Adjust fountain/aerator schedules to come on earlier and run for longer periods of time.

In conclusion, it is important to understand that community ponds are primarily designed to capture excess storm-water

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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 third 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, 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.

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

Community. Well Served. ©2020 RTI/Community Management Associates, Inc. All rights reserved.

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TexasDisasterRestoration.com 23 • CONTACT, SUMMER 2020

By Mark Valls, Owner OnGuard Camera Systems

There is no doubt we are living in strange times. The Covid-19 Pandemic has affected almost all aspects of our lives and everyone is having to do their best to make informed decisions in a situation that is fluid. For Property Management Companies and HOA Boards, one of the biggest challenges has been making the decision to open community swimming pools or keep them closed. Every community has different dynamics that point Managers and Boards one way or another. While there is no evidence that being in swimming pools can transmit the Corona virus, and ‘being outside is generally safer’ (according to Linsey Marr, a Virginia Tech Environmental Engineering Professor who studies airborne transmission for viruses) there still needs to be someone to monitor the Governor’s regulations of percentage occupancy at the pools. For some communities the expense of having a porter or monitor is simply too much to justify opening. Other communities have chosen to move forward and open, using legal waivers to offset language put into place in community insurance policies during the 2009 H1-N1Pandemic, which does not cover viruses. Sign up times and maximum time windows are also being used for crowd control.

Whether HOA Boards opt to open or leave their pools closed, security cameras have become a vital tool in addressing the situation. Pools that have opened are using security cameras to ensure that the number of people at the pool stays below the Governor’s mandate. This has led to a spike in security camera installations in HOA pools around DFW. “We’ve had a 220% increase in pool security camera installations this Spring and Summer, compared to the same time last year” says Mark 24 • CONTACT, SUMMER 2020

Valls, owner of OnGuard Camera Systems, an Allen security company that specializes in HOAs. “Board members want to be able to check in from their cell phones to make sure that there aren’t more people at the pool than whatever the current phase of reopening allows,” he says. With the pool monitors keeping track of how many people are at the pool, and the security cameras serving to verify and document, many property managers have created a ‘belt and suspenders’ approach to an otherwise difficult situation.

For those communities that don’t want to ask homeowners to sign waivers, incur the cost of monitors, or feel that opening the pool is just too much of a liability, security cameras also come into play. Not surprisingly, pool gates and fences are getting jumped by people who aren’t going to let a ‘pool closed’ sign and a chain around the gate stop them from a late-night swim.

“It’s amazing, I’ve helped several Board Members pull down video footage of people swimming in closed pools, and in every case, they were identified to be someone who lived in the same community. Word gets around that someone got caught on camera and the fence jumping stops,” says Valls.

Staying one step ahead of the logistical challenges the pandemic has presented to community pools has been a burden for everyone involved. The key is to stay informed with what is working in other communities, act decisively, and realize that this will continue to be a fluid situation that will take a combination of educated guesses and some trial and error to make things work effectively.

Mark Valls is the Owner of OnGuard Camera Systems, a DFW-based security camera company that specializes in HOA security camera installations.

CLAYTON HEARN 1980 - 2020 LABOR AND EMPLOYMENT LAW

Attorneys and Counselors at Law

PROPERTY OWNERS ASSOCIATION LAW RESIDENTIAL REAL ESTATE LAW

“COMMUNITY ASSOCIATIONS ARE THE BACKBONE OF THE DALLAS/ FORT WORTH AREA, AND MY GOAL AS AN ATTORNEY IS TO HELP ASSOCIATIONS PROSPER SO OUR COMMUNITIES PROSPER.” Schedule a free education seminar or board orientation with Clayton today by emailing marketing@rmwbh.com!

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214.365.9290 www.RMWBH.com

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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 26 • CONTACT, SUMMER 2020

PrOTeCTInG COmmunITy valueS ©

For over 30 years, Riddle & Williams P.C. has been providing cost-effective legal services to its community association and real estate developer clients. Riddle & Williams’ primary focus is always on Protecting Community Values for our clients.

We are committed to providing the highest quality legal services to our clients while being sensitive to their financial limitations. Through the use of our proprietary online assessment collection tracking system (ACTS©) and our battle-tested attorneys, our clients know that we will fight vigorously for their rights & remedies.

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214.760.6766 | 3811 Turtle Creek Blvd., Suite 500, Dallas, Texas 75219 | www.riddleandwilliams.com 27 • CONTACT, SUMMER 2020

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By Dean A. Riddle and Julie L. Dupont Riddle & Williams, P.C.

H

ere in Texas, we are now approaching four months of living with the Coronavirus pandemic and the changes to our everyday lives in response to the pandemic. One of the most evident changes is the implementation of social distancing, both by quite literally keeping distance during inperson interactions and by shifting to remote or virtual means of interacting. Even advertisers are taking notice, making commercials that joke about the common pitfalls associated with Zoom calls. More and more associations are seeking to also make this shift to remote interactions, particularly for official meetings of the board and the members, and are asking whether the association has the right to use services such as Zoom, Skype, and other videoconferencing options.

Both condominium associations and homeowners’ associations generally have the right to conduct board meetings by remote technology pursuant to the Texas Property Code. Virtual board meetings for homeowners’ associations are governed

by Section 209.0051(c-2) of the Texas Property Code. Section 82.108(c)(1) of the Texas Uniform Condominium Act governs remote board meetings in condominiums and applies to both pre-1994 condominiums and newer condominiums unless the governing documents for the condominium expressly state otherwise. In both statutes, the board may meet by electronic or telephonic means so long as the technology allows each board member to hear and be heard by all other board members. For homeowners’ associations, since the board meeting must be open to the owners, the technology must also allow owners to hear using that same technology, and the notice of the meeting must provide the owners with instructions for accessing the meeting via that technology.

For meetings of the members, neither the Texas Uniform Condominium Act nor Chapter 209 of the Texas Property Code expressly provide that associations may hold meetings of the members by remote technology. In some instances, the governing documents for the association expressly allow member meetings by electronic or telephonic means.

However, Section 6.002 of the Texas Business Organizations

Code expressly provides that corporations may hold meetings of the members or governing persons of the corporation by conference telephone or other electronic communications system “subject to the governing documents of the corporation.” If the governing documents expressly prohibit virtual meetings, we do not believe that associations can hold a virtual meeting under the Texas Business Organizations Code. It is unclear whether other provisions in the governing documents, such as specific requirements as to the meeting location or provisions that expressly allow in person voting also trump the Texas Business Organizations Code’s permission for virtual meetings.

If the association holds a virtual meeting, the Texas Business Organizations Code requires that each person must be able to communicate with all other persons at the meeting. Boards should consider this requirement in selecting the technology to use, particularly for meetings of the members. The ability to mute all participants except for the person speaking is likely an essential feature. Additionally, the Texas Business Organizations Code requires that the association must be able to verify the identity of each person participating at the meeting. Again, if the association elects to hold an electronic meeting of the members, the association must ensure that it meets this requirement.

The best-case scenario is to have the governing documents expressly allow for electronic and telephonic meetings of the members. For some associations, the board has the power to amend the bylaws and may be able to do so to allow for virtual meetings. However, if an association does not have the express authority to hold remote meetings of the members and is unable to amend the governing documents, check with your attorney to evaluate whether your governing documents provide an argument that such meetings may be allowed under the Texas Business Organizations Code.

The foregoing is intended as general guidance on meetings held by remote/virtual means and is not intended as legal advice. If you have questions about your specific community’s ability to hold a virtual meeting, please consult your attorney.

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By Bo Burns, Biologist & Market Development Manager SOLitude Lake Management

O

xygen is essential to life, including the desirable life that lives below the surface of our lakes and ponds. When pollution, invasive aquatic weed growth and nuisance algae blooms cover the surface of the water, this prevents dissolved oxygen, or DO, from reaching the areas that need it. The result—poor water quality, bad odors, bottom muck, massive fish kills and potentially deadly toxic algae blooms.

Luckily, several lake and pond aeration solutions are available to naturally correct imbalanced DO conditions—each with their own unique benefits and limitations:

aeration systems. Similar to “traditional” submersed aeration systems, nanobubbles are produced by compact on-shore generators, but they are about 1 million times smaller than ordinary bubbles and have a strong negative surface charge. As a result, they provide longlasting oxygenation within the water column— and even the sediments—for up to 2-3 months without popping. Because nanobubbles do not rise to the surface, they do not offer the vertical mixing benefits provided by fountains and standard diffusers.

Floating and architectural fountains are one option for aeration in lakes and ponds. In addition to serving as an aesthetic focal point, properly-sized fountains provide essential water column mixing in shallow waterbodies. As fountain water falls from the air in pleasing patterns, it bursts across the surface, accelerating the release of submersed gases, helping to reverse nutrient pollution, and introducing beneficial DO into the top layer of water. When the fountain is turned off, however, these benefits can subside.

Another form of aeration that is recommended in large lakes and ponds is submersed aeration. In contrast to fountains, submersed aeration systems utilize an on-shore compressor to pump air through a subsurface tubes and diffusers that oxygenate and circulate the water from bottom to top. As bubbles rise from the depths to the surface, they increase DO throughout the waterbody and disrupt undesirable stratification.

Like floating fountains, submersed aeration systems help convert nutrients to more diluted forms that cannot sustain nuisance aquatic weed and algae growth, though they do not directly target these infestations. For the best results, these systems should be placed in lower depths as they may not properly circulate shallow water.

New aeration alternatives, like nanobubble technology, have helped maximize the benefits of both fountains and submersed 32 • CONTACT, SUMMER 2020

Nanobubbles are not only effective at reducing odors, breaking down bottom muck and restoring water quality; some manufacturers have registered their equipment as a pesticidal device with the Environmental Protection Agency (EPA), meaning it can be used to naturally eradicate nuisance algae and toxic cyanobacteria. And unlike traditional aeration systems, you don’t have to own an actual nanobubble system to reap the benefits.

Through an annual management plan, nanobubbles can be introduced into your waterbody via recurring when the aquatic ecosystem needs it. This approach helps ensure your waterbody receives the custom, balanced care it requires without the need to purchase or permanently install a nanobubble system on your property.

Each of these lake and pond solutions works differently—and they accomplish very different things. Using them in a variety pairing based on your given situation may help better target your unique water quality problems. No matter how you use your waterbody, it’s worth leveraging these natural management tools to ensure the future of your freshwater resource.

Bo Burns is a Market Development Manager at SOLitude Lake Management, an industry-leading environmental firm. He specializes in the research and development of new technologies using more than 30 years of industry experience along with a Master of Environmental Management degree in Resource and Wetland Ecology from Duke University. Learn more about the sustainable management of lakes, stormwater ponds, wetlands and fisheries at www.solitudelakemanagement.com/knowledge

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By Marc Markel, Founding Shareholder and Eric Tonsul, Shareholder Roberts Markel Weinberg Butler Hailey, PC

We’ve all become used to the requirements of masks, social distancing and maintaining groups smaller than 10 during the COVID-19 pandemic. Unfortunately, these requirements do not work well for the business side of many of our associations.

During COVID-19, we have been recommending associations postpone their board meetings and annual meetings or, if possible, host virtual meetings. Now, with the uncertainty of when restrictions will be fully lifted, we know association business must continue. Thus, we are encouraging associations continue with virtual meetings for the foreseeable future. Virtual meetings are recommended as they are a close resemblance to in-person meetings. This new virtual meeting world has led to many community managers and association board members asking our advice on how to set up virtual association meetings.

In this article, we discuss our five tips to make your virtual meetings a success.

2. Decide on the Details of Your Meeting Before Posting the Announcement

1. Choose the Virtual Meeting Platform Best Suited for Your Community There are myriad of virtual meeting platforms at various prices available online today. From Zoom, GoToMeeting, Google Meet, Microsoft Teams and countless others; how do you know which one is the right choice for your association? There are several factors to consider when deciding the platform that will work best for your association.

First, price vs. number of users/attendees. With each virtual meeting platform, the price and attendee factor go hand-inhand. As the number of allowed attendees goes up, so too will the price. The same is true for the number of licensed users on the administrative side. As you are searching for the right platform, you will want to have an estimate as to how many owners you expect to attend your meetings. You will also want to determine the number of licensed users you wish to have because this will give you the best idea of your expected costs.

Another factor to consider, which we will address in further detail in tip number 4, is the ability to host the executive session. Does the platform you are considering allow for password protected breakout sessions within a meeting, or will you have to create a separate call that can lead to extra confusion on the part of the board members and homeowners?

Finally, you may also want to consider adding a webinar feature to your virtual meeting platform. Section 209.0051(c)(2)(B) of the Texas Property Code does not require homeowners to be vocally involved with virtual board meetings. Take note this does not apply to annual meetings. The webinar feature on many of the virtual meeting platforms allows for the attendee to view and hear the meeting and ask questions via a chat feature, but the attendee is not able to speak. This feature may allow the association to have a more efficient meeting.

Now that you have decided on the platform that will work best for the association, you need to think about the finer details of the meeting. As you prepare to setup your meeting, you will want to create a checklist of the common features that can be used in the meeting. Some of the items that may be found on your checklist include:

1.

Will the meeting be video and audio, or audio only?

2.

How many attendees will be in the meeting?

3.

Do the attendees need the ability to ask questions via audio?

4.

Will there be contributors outside of the association?

5.

Will the meeting require an executive session?

6.

Who will be in charge of running the meeting? (Board President, Community Manager, Association Attorney)

After determining the details of the meeting, the notice requirements from Texas Property Code Section 209.0051 also apply to virtual meetings for single-family and townhome associations. For condominium associations, the requirements of Section 82.108 (e) apply to virtual meetings.

The meeting notice should have a general subject of the meeting. If there is going to be an executive session, there will need to be a general description of any matter to be discussed during executive session. The meeting notice will also need to include the log-in information to join via the web and the call-in number if that option is available.

As with in-person board meetings, the same methods of notice apply.

For Single Family and Townhome associations:

•

A 10 to 60-day notice by mail that has all of the details for the meeting listed above (not typically recommend), or

•

A 72-hour notice featuring a conspicuous posting in the community, as well as a community wide email blast to all members who have registered an email address with the association, or

•

A 72-hour notice on the association’s website, as well as a community wide email blast to all members who have registered an email address with the association.

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For Condominiums:

•

Notice of a meeting of the board must be given as provided by the bylaws, or, if the bylaws do not provide for notice, notice must be given to each board member in the same manner in which notice is given to members of the board of a nonprofit corporation (Texas Property Code Section 82.108(d)

3. Test your Setup/Sharing Documents Before starting the meeting, a test of the setup featuring everyone who will be speaking and contributing to the meeting is highly recommended. A test should be done a few days before the date of the meeting to ensure all participants understand the meeting platform and the technology they are choosing to use. Determining any issues in advance will allow you the opportunity to troubleshoot any technology issues before the day of the meeting. Additionally, virtual meeting platforms allow the presenters to share documents on the screen for viewing by those attending the meeting. This capability is extremely useful in communicating certain information to the attendees that would not otherwise exist with your standard conference call.

4. Be organized It is time for the meeting. The person you have chosen to operate the meeting will launch the meeting, and every step going forward should proceed as if the meeting is being held in-person.

The meeting should follow the agenda. Minutes should be taken by one of the officers of the board. If a voting item is on the agenda and a quorum is present, a vote can take place vocally by calling on the name of the board member to state his/her vote. If there are technical difficulties during the meeting and a board member loses connection, pause the meeting to allow time for the board member to rejoin. If the member is unable to rejoin, continue the meeting as scheduled.

As with an in-person board meeting, an owner forum is recommended. The owner forum can be conducted through an online chat feature, or the owner can be allowed to appear via audio, or audio visually.

The owner forum should be limited in time but should allow the owner to ask questions and raise any issues for the board’s consideration. Owners should be advised of a time limit to ask question/raise issues during the owner forum. Typically, 3-5 minutes is customary. Owner forums can also be held prior to calling the meeting to order. Personal attacks should be prohibited. By using a virtual meeting platform, the person in charge of running the meeting has the option to remove an owner from the meeting if the owner becomes belligerent and abusive towards a board member or another owner. Additionally, most virtual meeting platforms provide the ability to mute the attendees (i.e., the owners) and not the presenters (i.e., the board members).

As discussed in tip number one, if an executive session is necessary, adjourn into executive session on another line or place the owner participants in a “wait room”. While in a virtual executive session, take count of everyone who is in the meeting.

Many of the virtual meeting platforms allow you to see the number of attendees participating in the meeting. The platforms may also allow for a tone to be played when someone joins or leaves the meeting. By turning this setting on, it can be a helpful way to know if someone is trying to listen in during the executive session.

The virtual executive session should be conducted just like an in-person session and follow the guidelines set forth by Section 36 • CONTACT, SUMMER 2020

209.0051 (c) of the Texas Property Code. For condominium associations, the executive session guidelines are set forth by Section 82.108 (b). The executive session should stick to the agenda. There should be no minutes or notes taken during the executive session since the meeting minutes are considered a book and record of the Association and are subject to production in response to a records request, or in response to a discovery request during litigation.

5. Consider Hosting Your Annual Meeting Virtually and Hold Electronic Voting COVID-19 has forced many associations to reexamine how the annual meeting of the members can be conducted. With social distancing guidelines, it may not be possible for largescale in-person meetings to take place for the foreseeable future. As board terms come to an end, and other community decisions need to continue, the annual meeting is a must for the continued success of the association.

The association should strongly consider hosting the annual meeting virtually. The virtual annual meeting will need to allow the owners to participate via audio at appropriate times, and voting will need to take place electronically before or during the meeting or by proxy or absentee ballot prior to the meeting.

For more details on electronic voting please click on the link to access a recent webinar on this topic. Keep in mind that electronic voting requires preparation, coordination with a third party provider, and possibly amendments to governing documents. By hosting an annual meeting virtually, the attendees can participate in the meeting from the comfort of their homes while avoiding the potential spread of COVID-19.

When considering holding electronic voting during a virtual annual meeting, the Association must (1) implement reasonable measures to verify that every person voting at the meeting by means of remote communications is sufficiently identified; and (2) keep a record of any vote or other action taken as set forth in Texas Business Organizations Code Section 6.002(b). While a community governed by Chapter 209 of the Texas Property Code is allowed to electronically vote during a virtual meeting, an Association governed by Chapter 82 of the Texas Property Code should consult their attorney to determine if electronic voting is permitted during a virtual meeting. While the spread of COVID-19 has forced almost everyone to alter their way of life, the rise of the virtual meeting may be a positive outcome that can last for years to come. The virtual meeting can provide a productive setting to conduct association business with greater owner participation. It grants associations the ability to control speaking time limits and who is allowed to talk and at what part of the meeting. Therefore, once in-person meetings are allowed to resume, it would not be surprising to see many associations continue using virtual meetings. ©2020 RMWBH Law Marc Markel is a Founding Shareholder with the firm’s Real Estate section and is a leader of the Property Owners Association Team. He has actively defended property owners associations and their volunteers in litigation and frequently assists developers through their due diligence process and creation of community process.

Eric Tonsul is a Shareholder in the firm’s Real Estate section as a leader of the Community Association Team. His practice includes representation of land developers, community associations, condominium associations and other common interest communities. Eric is Board Certified in Property Owners Association Law by the Texas Board of Legal Specialization. Eric graduated from South Texas College of Law in 2000.

By Yellowstone Landscape

Over the years, we’ve seen the community pool and clubhouse become expected amenities for new HOAs and master planned communities. But what about residents who want to enjoy the outdoors, and don’t feel quite ready to jump back into the community pool?

Many of our clients have come to us for ideas and suggestions on how to offer more unique and exciting outdoor amenities for their current and future residents. These outdoor activities and amenity spaces often make more interesting use of their community’s common areas and green spaces. And you’d be amazed at how positively residents have responded to them.

Here are a few of our favorites: Neighborhood Parks Cities and counties used to be the only ones that could create and maintain parks and playgrounds. Today HOAs and master planned developments are adding parks of all sizes to their grounds. From large parks, complete with pirate ships, playgrounds, gazebos and barbeques, to small pocket parks where residents sit and enjoy a morning coffee, neighborhood parks are a great outdoor amenity to add to your community.

Sports and Recreation Areas Sports areas are always a popular destination within the community. They offer children in the neighborhood an alternative to playing ball in the street. (They also save you the hassle of arguments between residents about broken windows and dented car doors.) These spaces don’t have to be tournament quality fields, just well-maintained, open spaces designated for sports and active recreation.

Bird Watching Trails Many of today’s community master plans include a preserve or natural area at the center of the community. Innovative property managers and boards are adding walking trails and designated bird watching stations along these paths for residents to appreciate the natural beauty of their community, and maybe pick up a healthy new pastime.

Event Lawns Long reserved for golf clubs and resorts, the well-manicured event lawn has found its way into the landscape plans of several large communities. A grand event lawn can be used for so much more than hosting weddings, special events and celebrations.

These lawns are also great for hosting a community picnic, or a night out under the stars for a neighborhood movie night.

If your residents are looking for some fun, outdoor activities that help bring the community together, talk to your landscape provider about adding one of these ideas into your community’s common areas.

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To learn more, talk with a banking professional today:

Wendy Hazelwood

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Craig Lee Huntington Senior Vice President

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clhuntington@allianceassociationbank.com

(888) 734-4567 allianceassociationbank.com 1

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All offers of credit are subject to credit approval.

3/19

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DFW CAI - Watch the www.dfwcai.org website for event updates, as things are changing/getting cancelled so quickly that anything we publish will likely change. Since luncheons have been cancelled through September (and will probably end up cancelled through the rest of the year) we are trying to plan webinars in their place. The Annual Golf Tournament is still currently scheduled for October, but that is subject to change.

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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.

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44 • CONTACT, SUMMER 2020

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Develop

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Maintain

•

Enhance

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

Get involved. Get inspired.

Get ideas.Get information.

Collaborating and connecting has never been easier.

Join your peer network today on CAI Exchange, the members-only online community.

CAI exchange www.caionline.org/exchange

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

 Payment processing  Association loans

 Payments by ACH and online  Coupon books and statements

Alan Alanis, VP / Relationship Manager 512-482-0103 • AAlanis@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. © 2020, Branch Banking and Trust Company. All rights reserved.

45 • CONTACT, SUMMER 20206

*Due To The Current COVID Pandemic, This Event Is Being Postponed Until Wednesday, April 14, 2021.

46 • CONTACT, SUMMER 2020

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We specialize in construction, renovation,and property maintenance All major trades in-house, including: Roofing, Plumbing, Electrical, AC & Heating

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globusmanage.com gloanage.com License license##M40988 M40988TECL175503 TECL175503TACLB00048137E TACLB00048137E 47 • CONTACT, SUMMER 2020

MEMBERSHIP

REPORT

New Members Dr. Amanda Batson amandadbatson@icloud.com

Mr. William Eddings beddings@sbcglobal.net

Katie West katie.west@goodwintx.com

Mrs. Bernadette Lynn Chiancone, AMS allthingshoa@gmail.com

Mr. Ahsan Karim ahsankarim007@gmail.com

Mrs. Dawn Jackson dawngbig@yahoo.com

Mr. Alex Maxwell, CMCA, AMS amaxwell@assuredmanagement.com

Mrs. Jennifer Calyer jcalyer@hotmail.com

Mr. Anthony Hawkins hawkinstony@sbcglobal.net

Mrs. Lynne Sadowski lsadowski@stratusroofing.com

Mr. Bryan Slaton bryan@slatonfs.com

Mrs. Phonemany Webb nancwebb@gmail.com

Mr. Casey Meyers casey@hoalegal.com

Ms. Aisha Watkins aishawatkins@classicpm.com

Mr. Chase Gschwend, CMCA chase@4sightpm.com

Ms. Alina Lansford alina.lansford@principal-mgmt.com

Mr. Christian Smith, CMCA christian@pmialliance.com

Ms. Amy Cook, CMCA, AMS amycook@classicpm.com

Mr. David Grubbs david@lifeguardsoftexas.com

Ms. Britta Whitaker bwhitaker@ccmcnet.com

Mr. David Whitaker dmw95.0@gmail.com

Ms. Cathy Brooks violabroo@gmail.com

Mr. Edward Thompson ethompson@ccmcnet.com

Ms. Charrise Mitchell cmitchell@ccmcnet.com

Mr. Gay Troutman garytroutman@att.net

Ms. Claudia Jean Lindsey claudia.lindsey@fsresidential.com

Mr. Jason Madden mjasoni@aol.com

Ms. Deborah Alvis deborahalvis70@gmail.com

Mr. Larry Pollis larrypollis@icloud.com

Ms. Deborah Ring, PCAM deborah4167@yahoo.com

Mr. Michael Acuff mchilacuff@gmail.com

Ms. Elizabeth Holland lizholland@aol.com

Mr. Randy Smith rasmith@ccmcnet.com

Ms. Heather Bordner-Ayyob hayyob@ccmcnet.com

Mr. Renan Fidalgo rfidalgo@ccmcnet.com

Ms. Joan Wells joniwells@att.net

Mr. Richard Ellis r-g-ellis@att.net

Ms. Kathleen Susan Baerthel, CMCA kbaerthel@cmamanagement.com

Mr. Ronald B Clark rbc48@swbell.net

Ms. Renee Claffey renate26@charter.net

Mr. Ronald Iscaro

Ms. Stephanie Morgan stephaniewademorgan@gmai.com

Mr. Stephen Paz stevep@westfallsvillage.org

48 • CONTACT, SUMMER 2020

Ms. Susan Atkinson satkinson@cmamanagement.com

Ms. Tiffani Berry tberry@principal-mgmt.com

Renewed Members Jean A Schweers Judy Haven Leslie Gamel Lisa Light Mandy Lynn Sutherland Mr. Aaron Painter Mr. Alfred Douglas Wiles Mr. Andrew Creamer Mr. Bill Crawford, CMCA Mr. Bill White Mr. Bob Owens Mr. Brad Marshall Mr. Brandon Norman, CMCA Mr. Bruce Crawford, AMS, PCAM Mr. Carl Klinke Mr. Chad Fuller Mr. Charlie Pollinzi Mr. Chester Amodo, CMCA, AMS Mr. Chris Panayiotou Mr. Clayton R. Hearn, Esq. Mr. Craig Lengyel Mr. Curtis Scott Henry Mr. Dale L. Smith, CMCA Mr. Daniel Andres Mr. David Beebe Mr. David Levey Mr. Dean A. Riddle, Esq. Mr. Derek Jay Adam, CMCA, AMS Mr. Doug Morris Mr. Dustin Alan Robinson, CMCA, AMS, PCAM Mr. Dylan Richmond Mr. Edward Charles Williams, Jr., CMCA, AMS Mr. Fines Oliver Roberts, CMCA, AMS Mr. Fred Shapiro, PCAM Mr. Greg Farkas, CMCA Mr. Greg Libke Mr. Gregory Herbst, CMCA, AMS Mr. Hal E Cone Mr. Harold Gold Mr. Israel Munoz, CMCA, AMS Mr. James F. Hallas Mr. James L. Hitt, CMCA Mr. James Tobey Mr. Jamey Mouldin Mr. Jim LaRue Mr. Jim Root Mr. Jody Waggoner Mr. John Carona, CMCA, PCAM Mr. John Holcomb Mr. John Tarlton, CMCA, AMS Mr. John Utley Mr. Joshua Timothy Barnes, CMCA, AMS Mr. Justin Dilley Mr. Keith Adams Mr. Mark Southall, AMS, PCAM Mr. Michael John Walker, CMCA Mr. Nathan Watson, CMCA, AMS Mr. Randall Etheridge, CMCA, AMS Mr. Richard B. Smith Mr. Richard Hare

MEMBERSHIP Renewed Members Mr. Richard Lack Mr. Richard Nelson, AMS, PCAM Mr. Rick Fancy, CMCA Mr. Robert Ty Taylor Mr. Robert Walter Clark, III, CMCA Mr. Scott A. Young Mr. Stephen G. Bone, AMS, PCAM Mr. Steve Judge Mr. Terrill Overstreet Mr. Todd Hammer Mr. Trevor Phillips Mr. William C. DeVane, CMCA, AMS, PCAM Mr. William Stewart Powell Mrs. Brenda B Hawkins Mrs. Donna Marie Walker Mrs. Jennifer Harper, CMCA, AMS, PCAM Mrs. Jennifer L. Jennings, CMCA, AMS Mrs. Kimberli Smith Nail Mrs. Michelle Morrison Mrs. Michelle Sanders Mrs. Nicole Zaitoon Mrs. Nicole Zaitoon Mrs. Suzanne M. Smith, CMCA, AMS Mrs. Tara Tate Mrs. Tracie Ross Ms. Alice Jo McKinsey, CMCA, AMS Ms. Amy Tores, CMCA, AMS, PCAM Ms. Chelsea Chambo, CMCA, AMS Ms. Cindy Rademacher, CMCA, AMS Ms. Crisandra Lee Ms. Deborah Holt Ms. Ericka Harris Ms. Gail Dwight, CMCA, AMS Ms. Ginger Townley, CPM CCIM Ms. Heather Glover Ms. Jamie Lee Jakubowski, CMCA Ms. Janis Everhart Ms. Jennifer Austin Ms. Jennifer Elswick, CMCA, AMS, PCAM Ms. Jo Anne Pitcher Ms. Josephine Johnson, CMCA, AMS, PCAM Ms. Joy L. Maxfield, CMCA, AMS, PCAM Ms. Karli Sharrow Ms. Kendall Abbott, CMCA, AMS Ms. Linda Neel Ms. Lisa Kay O’Neill, AMS, PCAM Ms. Meagan Hockett Ms. Meg Rohrt, CMCA, PCAM Ms. Michelle L. Reynolds Ms. Monique Shivers Ms. Prudence Lidbury Ms. Rebecca Tarpley, CMCA, AMS Ms. San Juanita Prieto, CMCA Ms. Shanea Nicole Grisby, CMCA Ms. Sherri Schmoekel, PCAM Ms. Sonya E Mokry, CMCA, AMS Ms. Terri Addison Ms. Vanessa Burch, CMCA, AMS, PCAM Ms. Velvet Dawn Kelly Ms. Whitney De la cruz Ms. Willena D. Hendley

REPORT Rejoined Members Mr. David Garrett, CMCA Mr. Gerald Arthur Towner, III Mrs. Jamie Morris, CMCA, AMS, PCAM Mrs. Kim R. Henry, CMCA Mrs. Laurie Knight Tinsley, CMCA, AMS, PCAM Mrs. Teresa Muchler, CMCA, AMS, PCAM Ms. Crystal Avendano, CMCA Ms. Katie Marie Hartley, CMCA Ms. Kelly Jo Stafford Ms. Laura Beckelman, PCAM Ms. Melissa Chestnut, CMCA, AMS Ms. Sonia Marie Lopez, CMCA, AMS, PCAM

New Designations!

Mr. Alex Maxwell, CMCA, AMS Assured Association Management, Inc. **AMS** (Association Management Specialist) Mr. Alex Maxwell, CMCA, AMS Assured Association Management, Inc. **CMCA** (Certified Manager of Community Associations) Mr. Chase Gschwend, CMCA 4CSONS Group, LLC DBA 4Sight Property Management **CMCA** (Certified Manager of Community Associations) Mr. Christian Smith, CMCA **CMCA** (Certified Manager of Community Associations) Mr. Dustin Alan Robinson, CMCA, AMS, PCAM RTI/Community Management Associates, Inc. **PCAM** (Professional Community Association Manager) Mr. Padraic Mulcahy, CMCA, AMS The Residences at W Dallas-Victory **AMS** (Association Management Specialist) Mr. Zachary Adam Beasley, CMCA Associa-PMG of North Dallas **CMCA** (Certified Manager of Community Associations) Mrs. Bernadette Lynn Chiancone, AMS **AMS** (Association Management Specialist) Ms. Kristen Russell, CMCA Associa-PMG of North Dallas **CMCA** (Certified Manager of Community Associations)

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Personal Attention.

Proven Results for HOAs. For over two decades, Henry, Oddo, Austin & Fletcher, P.C. has provided clients throughout Texas with trusted counsel. Their experience related to homeowners associations is unmatched – providing guidance, leadership and oversight to community associations. Their attorneys have experience resolving disputes and advising homeowners associations on legal issues.

C

M

Y

CM

MY

CY

CMY

Assist developers with drafting governing documents Advise boards on governance and collection issues Assist boards in enforcing bylaws and covenants Attend association meetings to provide explanations of the association’s rights and responsibilities, to help maintain rules of order, and to address issues of concern to members and directors Assist boards in interpreting governing documents

Draft revisions to association governing documents to clarify issues of governance Work with boards and management companies in dealing with property owners Cost effective and creative debt collection methods leading to revenue recovery Active participation and support of Texas Community Association Advocates (TCAA) and Community Associations Institute (CAI)

K

Judd A. Austin, Jr. - Shareholder jaamex@hoaf.com

Vinay B. Patel - Shareholder vpatel@hoaf.com

1700 Pacific Avenue, Suite 2700, Dallas, Texas 75201 | (214) 658-1900 | www.hoaf.com 50 • CONTACT, SUMMER 2020

51 • CONTACT, SUMMER 2020

Convenient, secure protection for your excess funds.

Save time and money with these community association offerings.

Eliminate extra legwork and receive additional FDIC coverage for excess funds with Insured Cash Sweeps (ICS) and Certificate of Deposit Account Registry Services (CDARS) from your community association banking expert.

Ask us about our great CDARS rates.

One account. One statement. One trusted bank.

Olivia Hurtado, CMCA Vice President 214.717.2718 866.800.4656 x7567 Olivia.Hurtado@cit.com ©2020 CIT Group Inc. All rights reserved. CIT and the CIT logo are registered trademarks of CIT Group Inc. MM#7205