Community Contact | Winter 2019

Page 1

Community A Resource For Homeowners Associations, Condominiums, Townhomes, and Cooperatives LIFE S A CIRCUS Community Association Living BACK TO THE BASICS Winter 2020 www.dfwcai.org

Protecting your largest investment and your peace of mind for years to come? accepted.ChallengeSecureyourcommunity’sfuturewith national resources and local expertise. The most successful associations know that fair governance, responsible budgeting and community maintenance are the cornerstone of sound community management because they understand that focusing on these core initiatives is vital to protecting—and even raising—the value of their largest investment: their home. It takes more than just a provider to deliver the core services and customized solutions necessary to keep a community functioning at the highest level – it takes an experienced partner. Associa’s national resources and local expertise have uniquely positioned us to help you accomplish your community’s goals. Top-tier management, bulletproof finances, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified team members are committed to being your trusted advisors every step of the way. You deserve a team that has seen it all and is ready to help your community achieve its vision. Associa is up for the challenge. CONTACT US TODAY! www.associaonline.com Delivering unsurpassed management and lifestyle services to communities worldwide. 12700 Park Central Drive, Suite 600 Dallas, TX 214.368.403075251 9001 Airport Freeway, Suite 450 North Richland Hills, TX 817.451.730076180

1 • CONTACT, WINTER 2020

2 • CONTACT, WINTER 2020 Professional Service in Custom Pools, Outdoor Living, Pool Repair, and Ongoing Maintenance Robert’s Pools offers an entire suite of services surrounding your backyard or commercial pool needs. Whether you’re interested in getting a new pool to suit your needs and budget, or simply want a care-free maintenance plan for your existing pool, we are here to take care of your every need. Our mission is to provide the best possible service to our customers making pool ownership easy and www.robertspoolservice.comT:Afterrps@robertspoolservice.comAnyGeneralaccounting@robertspoolservice.comCustomerrewarding!Service/Accounting/EmploymentQuestions,Requests,orConcernsHoursPoolEmergencyLine:972.345.2511 455 S. Railroad St. Lewisville, TX 75057 T: 972.436.0360

Community A Resource For Homeowners Associations, Condominiums, Townhomes, and Cooperatives LIFE S A CIRCUS Community Association Living BACK TO THE BASICS Make 2020 The Most Engaging Year Ever in Your Community 13 By Bonita Plested; CEO Eventalist; Community Event Planner Life’s a Circus and we’re the Juggling Act 16 By Betty Crudden, CMCA, AMS, PCAM; SBB Management Company, AAMC Community Association Living Articles 18 Back to the Basics with Community Security 20 By Brie Shouppe, Manager of Business Development & Marketing The Association Annual Checklist 24 By Brady Ortego; RMWBH Two Loans to get us in Tip-Top Financial Shape 31 by Tim Price, Marketing Communication Specialist; RBFCU Member News 34 Don’t Let Your Next Annual Meeting Become a Circus 41 By Ruth Ingoldsby, CMCA®, EBP; Vote HOA Now Membership Report 42 5 Questions to Ask When Setting Long Term Lake and Pond Mgmt. Goals 45 by Wes Allen, Environmental Scientist & Regional Leader at SOLitude Lake Management

2020 BOARD OF

Happy New Year and I hope everyone had a great holiday season. The new year already promises to be an exciting one within our chapter – our 40th year – with some new events planned. In March, we will have our first ever Gala. The Gala will not only be a fun evening including dinner and dancing but will allow us to recognize individuals and companies within our chapter for there excellence work and contributions to industry. Additionally, some different events that we have not done in the past are being organized –stay tune for more information to come.

PRESIDENT Kevin CavanaughCavanaughandCompany, kcavanaugh@cavanaughcpas.comPLLC

DIRECTORS Anne Bernhardt Park Towers Condominium Association Chrisanneb972@gmail.comBroach,CMCA, AMS, PCAM SBB Management, Company, RobertsClaytonc.broach@sbbmanagement.comAAMCHearnMarkelWeinbergButlerHailey, PC bcrawford@insightam.comInsightBruceworth@worthross.comWorthWortholivia.hurtado@mutualofomahabank.comMutualOliviajohn@summitparc.comJohnchearn@rmwbhlaw.comShafferHurtado,CMCAofOmahaBankW.Ross,CMCA,AMSRossManagementCompany,AAMCCrawford,AMS,PCAMAssociationManagement,AAMC 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

MANAGEMENTDIRECTORS

I look forward to serving the chapter as President in 2020 and working with the Board and all the committee members that make the DFW chapter the best. Having served on the Board these last several years, I am always taken back by the level of attendance at the monthly luncheons, the contributions by our members to the Annual Food & Toys Drives, and Loots for Boots program providing items to those in need. Our partnership with local cities to present educational programs continues to grow with several already scheduled for this year. The Expo continues to grow with more exhibitors and attendees – a win-win for both. At our core and founding, CIA is primarily an educational organization that at the same time provides excellent networking among our members. Our DFW Chapter has and will continue to provide educational opportunities to all our members through the monthly luncheon speakers, hosting PMDP courses, the High-Rise Forum, community outreach programs, as well as those multiple programs presented at the Expo, to name a few. I encourage you to take advantage of all that is offered and make the most of your membership in this new year.

2020 DFW CAI Chapter President Kevin Cavanaugh

6 • CONTACT, WINTER 2020 THANK YOU TO OUR 2019 ANNUAL SUPER SPONSORS!

7 • CONTACT, WINTER 2019 Gold Sponsors BB&T Association YellowstoneDavis-Dyer-Max,ServicesInc.Landscape Henry Oddo Austin & Fletcher, P.C. Masix SouthPavecon,ConstructionLtd.RealManageRiverRestoration Silver Sponsors Bob Owens Electric Co., Inc. Cornerstone Association Management Services Excel Association Management, Inc., AAMC Riddle & Williams, PC Union Bank Bronze Sponsors Advanced Association Management, Inc. Allegra Marketing Print Mail Canady & Canady, PC Cavanaugh & Company, PLLC Classic Property Management, AAMC Horizon Security Kraftsman Playground and Park Equipment Master Systems Courts SBSA, Inc. Education Sponsors Education Sponsors Classic Property Management, AAMC SouthernHomeAdvisorRBFCUBotanical Diamond Sponsors Castle Group CCMC, AAMC CertaPro Painters RTI/Community Management Associates, Inc. “CMA”, AAMC Insight Association Management, AAMC Kilowatt Partners McKenzie Rhody, LLP Neighborhood Management, Inc., AAMC Paul Baker Insurance Agency, Inc. Roberts Markel Weinberg Butler Hailey, PC Texas Disaster Restoration Platinum Sponsors ACME Roof Systems, Inc. Alliance Association Bank Benson Kerrane Storz & Nelson Blackmon Mooring / BMS CAT Brightview Landscape Services Five Star Pools Globus Management Group Magnolia Fisheries and Lonestar Fountains Mutual of Omaha Bank Pavement Services Scarbrough, Medlin & Associates SOLitude Lake Management Timothy, DeVolt & Company, P.C. 2019 ANNUAL SPONSORS This “Deep In The Heart of Texas” logo recognizes our Business Partners who are apart of all four CAI Texas Chapters. Ambassadors of Fun Committee Chair: Olivia Hurtado, CMCA Community Affairs Committee Chair: Wendy Hazlewood Expo Committee Co-Chairs: Olivia Hurtado, CMCA & Cindy Martin, CMCA, AMS, PCAM Golf Tournament Committee Chair: Jeff Higgins High Rise Managers Forum Committee Co-Chairs: Kathy Epperson, PCAM and Matt Kopchak Magazine Committee Chair: Betty Crudden, CMCA, AMS, PCAM Membership Committee Chair: Cindy Martin, CMCA, AMS, PCAM Programming Committee Chair: Beverly Coghlan, CMCA, AMS, PCAM 2019 DFW CAI COMMITTEES 7 • CONTACT, WINTER 2020

8 • CONTACT, WINTER 2020 A Full Service Community Association and Business Law Firm Aggressive Enforcement | General Counsel | Collections | Construction Defects Litigation/Insurance Defense | Free Education | Legislative Advocates James Hazlewood Lincoln Hobbs* Scott Carpenter Gregory S. Cagle Josh Bolen Michael Nagle* *Not licensed in Texas Curtis S. Ekmark* CCHLaw.com | 877.336.0228 Austin | Dallas | San Antonio Arizona | California | Colorado | Texas | Utah More members of the College of Community Association Lawyers than any other law firm in America

9 • CONTACT, WINTER 2020

10 • CONTACT, WINTER 2020 Hail Season is coming! Make sure you & your roof are prepared. Serving The Metroplex For Over 90 Years 406 South Yale Drive Garland, Texas 75042 ClassicConstruction.com 972.437.0909

Storm season is approaching - severe storms, hail, and high winds can wreak havoc on your roof. Classic Construction is there for you and will respond immediately with the resources and expertise to handle any size disaster, residential or commercial. We also offer a range of restoration services to accommodate all your other restoration and construction need. No matter what storms may bring, Classic Construction’s got you - and your home - covered! Give us a call for a free estimate or more information. Stay on top of your roof’s maintenance and care.

11 • CONTACT, WINTER 2020

12 • CONTACT, WINTER 2020 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.

Make

Your Community! By Bonita Plested CEO CommunityEventalistEvent Planner 13 • CONTACT, WINTER 2020

Implementing events, activities and programs that enrich the lives of your homeowners is tangible evidence of your commitment to create a neighborhood that transcends their Eventalistexpectations.delivers an expertise in organizing and managing community events within HOA’s and member organizations in the DFW area. Customized for your community, we develop, plan, implement and oversee events, programs and organizational gatherings. Eventalist ensures that all events are delivered on time, within budget and at the desired level of quality. Contact us today to schedule time to discuss how Eventalist can expertly plan and implement a robust calendar of innovative events and activities for your community! 2020 Most Engaging Year Ever For

The

Now is the time to plan and implement innovative events and activities for your community's 2020 calendar year! Coordinate community events and activities with a strategic initiative of your community's vision by creating unique and lasting memorable experiences designed to generate interest in the neighborhood, enrich the quality of life of residents and enhance the vibrancy of the community.

A robust calendar of events and activities brings people of all ages and backgrounds together for the common goal of enjoying their community and all it has to offer. Furthermore, it is proven that positive interaction amongst neighbors helps homeowners and residents to really grow that community spirit in an effective and positive way, and the perks that this provides will benefit both you and your residents equally.

A firm awareness of community spirit is not only important to preserving current homeowners and residents, but appealing to prospective home buyers and residents as well. Homeowners and residents pursue communities that feel like home in more aspects than merely the physical dwelling. People want to feel connected to their neighbors, valued and a sense of fulfillment in their connection to the community.

14 • CONTACT, WINTER 2020

15 • CONTACT, WINTER 2020 Knowledge. Exp er tis e. Value. ©2018 RTI/Community Management Associates, Inc. All rights reser ved. AAMC A CC R ED I TED A SSOC I AT I O N MANAG E M E NT CO M PA N Y Contact: Jean Sloan (972) 943-2848 or visit us online at: www.cmamanagement.com What Are You Looking For in a Management Company? C ommunity. Well S er ved. Community. Wel l Se r ved. 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.

By Betty Crudden, CMCA, AMS, PCAM SBB Management Company, AAMC Juggling in our business equals multitasking. As Community Managers, we are the Kings and Queens of multi-tasking, Forright?portfolio managers, consider a typical week's activities: • One or more nighttime Board Meetings – including the last-minute prep • Dozens of phone calls to return, research and complete • Dozens of emails, same thing • Communication with Board members to update them on projects and provide new bid information • Financial statements and/or delinquency information to Life's a Circus and We’re the Juggling Act

• Management of and interaction with our Administrative Assistant

Let's Keep on Juggling!

• Community inspections, including common area review and inspections for possible violations

• Other vendor contacts for miscellaneous problems, projects and bid compilations

review and send to Board members

• Sometimes, attending to after-hours calls regarding emergency problems such as an irrigation leak

If I am at my desk, I usually do go ahead and answer incoming phone calls rather than letting them go to voice mail. Again, this is not avoidance. I find it less distressing to get those quick items taken care of immediately rather than leaving them for later. If I am really immersed in something complicated, I will ignore the incoming calls sometimes, though.

• Violation letters as appropriate

• Depending on the week, attendance of the company's monthly manager meetings

Utilize Resources. Take advantage of the technology utilized by your company. I have already mentioned how I do this at our firm. I also heavily utilize my Administrative Assistant. We are truly a team, and what a blessing that is! I make sure she is aware of what is going on in our communities and how she can help me. Utilize other managers you work with for their opinions and experience when you have a puzzling issue. Utilize CAI resources. Although some things you will find are not applicable in Texas, many issues are the same or similar and it is helpful to learn of others' solutions.

Avoid Distractions. This is a hard one. As a senior manager at our firm, many other managers will come to me with questions. My tactic here is not usually avoidance; I try to answer their questions at the time so they can also continue with their task. We are all so busy that usually I don't have trouble with someone wanting to just "chat". If the item is complicated and will require quite a bit of time I ask them to wait and set aside time just for that.

• Handling the one or more emergencies that come up daily or weekly For onsite managers or managers dedicated to a single community, the list is very similar. These managers may not have multiple communities to manage or attend meetings for, but their work days are always "enhanced" with drop-in homeowner Multi-taskingvisits.isa requirement in our business. If we can do it well, we can better serve our communities as well as create a better work-life for ourselves. Multi-Tasking Techniques

to make a very brief handwritten To-Do list each evening for the next day. This is not detailed, but just a reminder of the next day's important items. I try to list these in order of importance. One other tip: Don't write to-do items on individual pieces of paper or post-it notes. If you get a new to-do item or need to research and complete something from a phone call, for example, add it to your already in place To-Do list. Those individual pieces of paper breed and multiply, or they get lost under something. Not efficient.

Delegate. Assess what needs to be done and if it can be delegated – at least partially – to someone else. For example, I might need to send an email blast to a community's homeowners. I will write the email blast and then ask my Assistant to send it out. Many phone calls can be responded to by my Assistant and she also helps me with routine emails.

• Preparation and sending a landscape maintenance or other major project RFP

Prioritize. Now that you have a To-Do list, rank the items listed in order of importance. Items with a quickly-arriving deadline should usually be prioritized. Perhaps you have an unhappy Board; give their items a higher priority. Because of the nature of our business, priorities are often a moving target. Move with them – that is, if you need to change the order of priority you had set for the day, do so. If you find that your To-Do list has one or more items that continually slip to the bottom of the priority list, consider moving them to the top of the list. They usually won't become less important by continuing to wait. Work in Time Blocks. I have found this to be an effective way to get things accomplished. I will often start my day by blocking out time for each community or task on my day's To-Do list. If I have a large project to work on, I might block out working solely on that until lunch time, for example. Then after lunch I might allocate an hour-and-a-half to catch up on emails and return phone calls. If I am in the office the rest of the day, I will set other blocks of time for other various communities or tasks. The next day's scheduling will likely be very different.

Make and Utilize a To-Do List. I cannot live without a To-Do list of some sort. To-Do lists come in a variety of shapes and sizes. There are several software programs or apps that help you create a To-Do list. Many management companies have comprehensive software that assists in this endeavor. Our company uses an industry-specific software, which manages homeowner accounts, violations, architectural requests, financial statements and more. This software lets managers enter and track work orders and tasks for each community we manage. This is a great way to have an online To-Do list and also allows our Board members to review from their Board Portal what we are working on and the status of each item. Another important benefit this type of comprehensive software provides is a history. If a manager leaves the company and they have faithfully been using the comprehensive software to track work orders, tasks and contacts with homeowners, then it is easy for a new manager to pick up and continue seamlessly. Something I personally do is

I like juggling. It is satisfying to me to keep several balls in the air simultaneously. Not everyone enjoys it or is naturally good at it. It is a skill that can be learned and honed, however. I'm starting off 2020 with a renewed sense of the importance of multi-tasking and ways I can improve in this area. I hope you will, too!

• Depending on the week, attendance of the CAI luncheon

For me one of the hardest to avoid distractions is incoming emails. If it is something I can handle quickly I like to get it done and off my plate. I continue to work on my habits with only looking at and responding to emails during specified time blocks. It really is a better and more effective use of time to forgo continual email Re-readingmonitoring.thissection it seems I have not given very many avoidance techniques. Sorry about that. Some distractions can't be avoided, but can, in general, be mitigated. Avoid excessive socializing during the work day is a good tip.

Treat association leaders honestly and respectfully. Board members

Make sure you understand what’s included in them, particularly the rules about pets, parking, your home’s exterior maintenance, architectural guidelines and when you must pay association Provideassessments.current

Pay association assessments and other obligations on time. Your regular assessments pay for common-area maintenance, amenities and other shared expenses. If you don’t pay on time, the burden for paying your portion of the association’s bills, like water, electricity and trash removal, falls on your neighbors. Contact a board member or the manager, if you’re having problems, to discuss alternative payment arrangements. Ensure that tenants, visiting relatives and friends adhere to all rules and regulations. If you are leasing your home, you’re liable for maintaining the condition of the home and for the behavior of those who live in it. Make sure to screen tenants thoroughly, and familiarize them with the community’s rules.

Attend board meetings and vote in community elections. Board meetings are open to all who wish to sit in and keep up with issues under discussion. The association is a democracy, and your voice and vote can affect important issues.

18 • CONTACT, WINTER 2020

Community Association Living (CAI copyright free article) are homeowners—just like you—who have volunteered to give their time and energy freely to govern the community. While you should share your concerns about the community with them, do so in a way that’s constructive, informative and helpful.

contact information to association board members or the manager. Make sure they know how to reach you in case of an emergency, and ask them to notify you of association meetings and other important events. If you rent out your home, provide contact information for your tenants also for use in an emergency.

Maintain your property according to established standards. The community’s appearance can add value to all the homes within it—including yours—so it’s important to keep landscaping neatly groomed and your home’s exterior well-maintained.

Read and comply with the community’s governing documents. You should have received a package of documents well before you closed on your home. If you didn’t, check the association’s website or ask the manager or a member of the board for copies.

Your homeowner's association is glad you’ve found a home in the community. The community hopefully has all the amenities you were seeking and you’re settling in nicely. This is the time the association likes to remind new homeowners that common-interest communities create some unique obligations to the community and to other residents within it:

•• Governance services. For example, establishing and maintaining design review standards, enforcing rules and recruiting new volunteer leaders.

All community associations have three things in common. Membership is mandatory. Buying a home in a community association automatically makes you an association member—by law.

• Community services. For example, these can include maintaining Community Association Living (CAI copyright free article) a community website, orienting new owners or organizing social activities. Maintenance of amenities are also services provided by Associations.

But, take heart! Associations also have three realities they can’t escape. Associations have an obligation to provide three broad categories of service to residents.

You could lose your home if you fail to pay assessments. Associations have a legal right to place a lien on your property if you don’t pay assessments. In Texas, Associations can foreclose on your home when assessments are not paid.

Governing documents are binding. Association governing documents can be compared to contracts. They specify the owners’ obligations (following the rules, paying assessments) and the association’s obligations (maintaining common areas, preserving home values).

•• Business services. For example, competitively bidding maintenance work, investing reserve funds responsibly, developing long-range plans and collecting assessments. By delivering these services fairly and effectively, community associations not only protect and enhance the value of individual homes, but they provide owners an opportunity to participate in decisions affecting their community and quality of life. And those are realities we can live with.

19 • CONTACT, WINTER 2020

By Brie Shouppe, Manager of Business Development & Marketing only does this measure help distinguish a private or monitored community, but it also enhances the display of ownership to visitors, passersby, and potential trespassers.

20 • CONTACT, WINTER 2020

Before looking into every system, company, and piece of equipment out there, you should begin with the basics and answer a few questions.

The third measure of CPTED is often overlooked. Natural elements that influence safety and security include landscaping and lighting, which impact the visibility for homeowners around amenities and within a community. For example, some owners prefer large hedges or bushes around their property or even at community amenities, like pools. While this does create privacy within that landscape, it also provides hiding places for criminals and eliminates the ability for onlookers to view suspicious behavior. Lighting can have the same effect. When an entrance, amenity, or other property is not well lit, it is not likely for unfavorable behaviors to be noticed.

First, does your community have a security plan or does one need to be developed? A security plan should address four things – prevention, detection, response, and evidence. Start with prevention to see if signs, technology, or people are already in place that act as a deterrent to unwanted activity. Although we would like to prevent all crime, it is unlikely. Are there systems or methods in place that will detect trespassing or other behaviors?

Once detected, what or who responds? Finally, what evidence will the association have when an incident occurs? Keep in mind, it is not likely that one method or system will address all four components of a security plan. Often times, more than one solution is needed for robust security.

Starting with the basic CPTED guidelines and a security plan, will help a community evaluate their current methods and services, as well as determine what areas need improving. From there, board members and property managers can research the different providers and consultants available with solutions designed for communities. It is important for an association to talk with different companies and learn about the many options available. Each community is unique in their design and needs, making it critical that each one finds a solution tailored to their criteria. With the right security partner and applications in place, a community should feel the improved quality of life for the residents and welcome visitors.

While reviewing or developing your community’s security plan, there are basic guidelines that are helpful to remember. The Crime Prevention Through Environmental Design (CPTEDpronounced sep-ted) recommendations outline three measures fundamental for security – mechanical, human, and natural. This concept addresses how our environment can be altered or re-designed to influence behavior. In this instance, it refers to reducing criminal behaviors while increasing the perception of Mechanicalsafety. measures are already commonly used at many communities with the availability of hardware and technology. Structural elements like gates, fences, signage, and locks deter activity by defining a private area. Additional technological systems like passive and active video surveillance, access control, and alarm systems add another layer to private or closed properties while addressing more steps in a security plan.

The human elements of CPTED are also frequently used by associations to observe, respond, and report on community activity. Gate attendants, roving patrols, neighborhood watch programs, and virtual guards are included in this category. Not

Brie Shouppe is the Manager of Business Development & Marketing for Envera Systems. She works closely with the sales and marketing departments to provide best-in-class service to the communities that Envera works with. Envera Systems is an all-inclusive security provider that focuses on the unique needs of communities through technology-based solutions. Using Virtual Guards located at Envera’s Central Monitoring Operations Center, Envera is able to provide Next Generation Security by verifying visitors, monitoring video, managing community databases, and more. Contact info: (855) 380-1274 or www.EnveraSystems.com.

Back to the Basics with Community Security

It’s not uncommon for an association to want to review their community’s safety and security. Sometimes it is a notion due to a recent incident that occurred at or within the neighborhood, or in other cases a technological advancement that a board member recently heard of. In either case, where do you start?

469-246-3500

CCMCnet.com

PURPOSE Our industry is about people, not paper. With a service-first mindset, we’ve developed rela�onships and built community in hundreds of neighborhoods through the past 45 years. We’ve worked diligently to build a posi�ve reputa�on as a community management leader and have succeeded in doing so by promo�ng innova�on and crea�ng experiences that connect people. This pursuit has allowed us to discover purpose and meaning in our work.

PASSION We believe in giving back to the greater community. Through our HomeWorks program, we support charitable organiza�ons in markets across the country. Team members drive these hands-on efforts to serve in-need communi�es. We also encourage team members to follow their own hearts by offering paid volunteer hours. Together, we make a posi�ve impact and serve the greater good. PEOPLE Our 800-plus employees are more than a team; they’re a family. Guided by compassion for the individual, we value integrity, trust and respect. We empower servant leaders by suppor�ng industry-related educa�on and cer�fica�on and offer opportunity for personal and professional growth and development. Together, we aim to transform the way people think and feel about homeowners associa�ons. Community | |

Harmony.Smiles. Joy.

Associa�on Management

22 • CONTACT, WINTER 2020 Call us at (214) www.rmwbh.comor365-9290visit “Within the Texas legal community, Board Certification means an attorney has substantial, relevant experience in a select field of law as well as demonstrated, and tested, special competence in that area of law.” - Texas Board of Legal Specialization Is your attorney board certified? 103,342 Licensed Attorneys statewide 7,406 TBLS Board Certified® attorneys statewide 266 TBLS Board Certified® Residential Real Estate Attorneys statewide, 9 at RMWBH 32 TBLS Board Certified® Property Owners Association Law Attorneys statewide, 7 at RMWBH *Statistics courtesy of State Bar of Texas Membership: Attorney Statistical Profile (2018-2019) and Texas Board of Legal Specialization Active Certificicates of Special Competence by Area by Year What does it mean to be Board Certified? Houston | Fort Bend | Austin | Dallas | San Antonio Marc Markel Brady OrtegoRick Butler Cliff Davis Rahila SultanaliClint Brown Jane JanecekSipra BoydClayton Hearn

23 • CONTACT, WINTER 2020 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 • (214)989-767 4 skern @texasdisasterrestoration . co m TexasDisasterRestoration.com

The new year is well underway, with the holidays just a fond memory now, and it is back to business as usual. But before getting too far into the year, it is probably a good idea to examine how things are running in the community. Many managers keep their amenities running smoothly by conducting annual maintenance inspections. But did you know community associations should be doing the same as a corporation?

By Brady Ortego

You should begin your inspection by ensuring your association’s information is correct. Property owners’ associations are usually non-profit corporations1, and thus are required to have many documents filed with the state.

https://mycpa.cpa. state.tx.us/coa/search.do?userType=public

A condominium association will not have a deed for the common elements. Taxes Come for Everybody

The Association Annual Checklist: A Tool That Demonstrates Diligence and Value

I will discuss the reasons to inspect the association as a corporation and its document database as well as present annual checklists for both single family and condominiums, which allow association management to demonstrate the value it brings to the business relationship with the association. If your community is self-managed, the board of directors can use the checklist to demonstrate transparency and diligence to community members. Remember the Basics As you start your inspection, it is important to keep things simple as you begin. Forgetting the simple things can cause your association’s board or the members to lose faith.

association-owned land in single-family & non-condominium townhome associations.

https://mycpa.cpa.state. tx.us/coa/search.do?userType=public

Start by creating a checklist to use during your inspection. We have provided example checklists on pages six and seven. The checklist will help you keep track of your progress during your inspection.

While most associations are non-profits2, you still need to take the time to confirm the association’s corporate status. After completing this step, confirm if the association is exempt from the franchise tax.

While on the comptroller’s website, ensure the “Right to Transact Business in Texas” is listed as “Active.”

24 • CONTACT, WINTER 2020

The Texas state comptroller’s website will provide much of the information you need in relation to tax exemption status.

Is the Association Information Correct?

Make sure the registered agent is current and not a former developer, board member, or community manager or former management company. The law requires the registered agent and registered address to be updated. The Texas state comptroller’s website provides a useful resource to check for registered agents.

Before starting the inspection of your association, it is important to do a self-examination and refresher of your industry knowledge. Are you up to date on case law and legislative changes? If not, it is important to have the correct information on the law so you will know how to handle any situation that arises in your association. A great resource we are happy to provide is our Quick Reference Guide for Single Family Homeowner Associations (and Townhomes) and Condominium Associations. These reference guides offer easy access to many of the statutes in the Texas Property Code directly affecting associations. If you do not have a copy, let us know and we will be happy to send you one. Now that you are up to date, it is time to make sure your association is ready for the rest of the year ahead.

Next, confirm you have a copy of the deed(s) for the association’s private streets, reserves, amenity property and any other

6. the name and mailing address of the person managing the association or the association’s designated representative; and 7. other information the association considers appropriate.

If your association is paying property taxes based on a full market value (not nominal), speak to a lawyer or the appraisal district immediately about changing the valuation.

Then, review any permissive policies ensuring you are up to date on what standards your board has set for the community and you are prepared for any changes that may occur to the policies throughout the year. Each community is unique, and some policies may need to be revised to achieve the goals of the Atpolicies.theend of your inspection, add one final step – a reminder to conduct the review again in a year. Once you have accomplished these steps, you and your association should be set to serve the community in the year ahead.

As we have stated, and hopefully by now you have confirmed, many associations are non-profits and tax exempt, but that does not mean your association is exempt from all taxes. You should confirm you are receiving a tax bill on real property owned by the association. Not only should you confirm it, but you should also pay the bill. But before paying, you should review each tax bill for the appraised value of the property owned by the association. Association owned property should be appraised at a nominal value, which greatly reduces the tax liability for common areas.

It’s All in the Details

After examining your management certificate, it’s time to read your Dedicatory Instruments. Once you have read them, (we recommend re-reading the Dedicatory Instruments as many times as possible) confirming they are filed with the county or counties the property they relate to is located, per Texas Property Code Section 202.006.

Finally, we come to the policies of your association. Review your mandatory policies, such as your access to records and copying policy, your payment plan policy and records retention policy, confirming you, as a manager and an association, have been following the policies correctly.

©2020 RMWBH PC Brady Ortego is an Equity Shareholder in the firm’s San Antonio office and is a member of the Real Estate section as a leader of the Community Association Team. His practice areas include Community Association Law where he represents a variety of property owners’ associations across the state of Texas. He is Board Certified in Residential Real Estate Law and Property Owners Association law by the Texas Board of Legal Specialization and a Fellow in the College of Community Association Lawyers. Brady shares his experience and knowledge through a myriad of education avenues from State Bar of Texas seminars, Community Associations Institute events and customized presentations to boards of directors and management companies.

25 • CONTACT, WINTER 2020

We have now reached the portion of your inspection where the devil is in the details. Analyze your management certificate. Is it up to date and compliant with the Property Code? Examine the certificate closely to ensure the following information is correct: 1. the name of the subdivision; 2. the name of the association 3. the recording data for the subdivision; 4. the recording data for the declaration; 5. the name and mailing address of the association; Chapter 82.101 Texas State Property Code. Condominiums are required to be incorporated.

Confirm recording of the Records Retention Policy as required by Section 209.005(m) of the Property Code

Confirm that the registered agent/address is current/accurate

C onfirm the association in good standing with the Texas C omptroller’s Office Confirm the association in good standing with the Texas Secretary of State

Confirm Management Certificate is recorded and updated to include reference to all dedicatory instruments adopted and recorded since the last Management Certificate Confirm recording of the Records Production and Copying Policy as required by Section 209.005(i) of the Property Code

4.

2.

5.

1.

© 2020 RMWBH, All rights reserved.

Confirm recording of the Alternative Payment Schedule (aka Payment Plan Policy) as required by Section 209.0062 of the Property Code Guidelines relating to: Rain barrels and rain harvesting systems; Solar energy devices, storm and energy efficient shingles; Flags and flag poles Display of religious items Drought resistant landscaping and water conserving natural turf; Standby electric generators

Please note that this may not be an exhaustive list of all the potential policies or guidelines that may be prudent for your community. In many cases, there may be a policy that is prudent based on the individual needs of a community that may not be mentioned here. This checklist is best utilized when a new community is engaged with the management entity, but best practices provide that annual review and consideration of the above items will ensure that the Association’s corporate formalities and/or Dedicatory Instrument needs are satisfied. This checklist is provided merely as a guide and is not intended to provide legal advice. Modification of this checklist is not permitted without the express written consent of Roberts Markel Weinberg Butler Hailey PC and all rights are reserved.

3.

6.

NOTE: The above guidelines are not required; however, we highly recommend an association adopt such in order to restrict/enforce the use of these items. (Chapter 202 of the Property Code) Collection Policy* Deed Restriction Enforcement Policy* Fining Policy* Social Media Policy* Hearing Policy in relation to fining* Are there any policies, rules and regulations, or other dedicatory instruments or amendments thereto that have been adopted but are not recorded? (Section 202.006 of the Property Code requires recording of all dedicatory instruments as a condition of enforcement) * not required, but highly recommended

26 • CONTACT, WINTER 2020 DOCUMENT/ACTION COMPLETEDDATE

27 • CONTACT, WINTER 2020 DOCUMENT/ACTION DATE COMPLETED C onfirm the association in good standing with the Texas C omptroller’s Office Confirm the association in good standing with the Texas Secretary of State Confirm that the Registered Agent/Address is current/accurate Confirm Management Certificate is recorded and updated to include reference to all dedicatory instruments adopted and recorded since the last Management Certificate Records Production and Copying Policy* Records Retention Policy* Application of Payments Policy* Maintenance Responsibility Matrix* Guidelines as needed for particular condominium. Examples include: 1. Move in/move out policy 2. Pet guidelines and registration 3. Interior modifications 4. Balcony/Terrace Guidelines Guidelines relating to: 1. Rain Barrels and Rain Harvesting Systems* 2. Solar energy devices, storm and energy efficient shingles* 3. Flags and flag poles* 4. Display of religious items* 5. Drought resistant landscaping and water conserving natural turf* 6. Standby electric generators* NOTE: The above guidelines are not required however we highly recommend an association adopt such in order to restrict/enforce the use of these items. (Chapter 202 of the Property CollectionCode) Policy* Fining Policy* Social Media Policy* Hearing Policy in relation to fining* Insurance deductible policy (required under section 82.111 of the property code) Are there any policies, rules and regulations, or other dedicatory instruments or amendments thereto that have been adopted but are not recorded? (Section 202.006 of the Property Code requires recording of all dedicatory instruments as a condition of enforcement) * not required, but highly recommended

Please note that this may not be an exhaustive list of all the potential policies or guidelines that may be prudent for your community. In many cases, there may be a policy that is prudent based on the individual needs of a community that may not be mentioned here. This checklist is best utilized when a new community is engaged with the management entity, but best practices provide that annual review and consideration of the above items will ensure that the Association’s corporate formalities and/or Dedicatory Instrument needs are satisfied. This checklist is provided merely as a guide and is not intended to provide legal advice. Modification of this checklist is not permitted without the express written consent of Roberts Markel Weinberg Butler Hailey PC and all rights are reserved. © 2020 RMWBH, All rights reserved.

28 • CONTACT, WINTER 2020

29 • CONTACT, WINTER 2020 Enhance. Increase.Preserve.Protect. GreenerPasturesdfw.com Arizona • California • Nevada • New Mexico •TexasGreenerChemicalMaintenance214.634.0806DivisionApplicationDivisionTreeMaintenanceDivisionIrrigationDivisionConstructionDivisionLandscapeDesignPasturesisanawardwinning, full service landscape company with over 20 years of quality service across the country. Get a FREE Quote and Comprehensive Property Consultation Today! Water Intrusion Grading & Drainage Foundation Movement Transition/Reserve Studies New Construction Renovations & Rehabs Post Lit Repair Design Owner Representation P r o p e r t Cy o n c e r n s ? provides full Engineering & Architectural Services To Address the Causes Property Betterments www.CallSBSA.com877-221-7272

Did you take time during the holiday season to put things on? Pounds? Debt?

If you think you may have to come back for more, take a look at the HELOC. It leaves the door open for you to come back and access more funds over time up to your maximum. Rates for HELOCs are variable and can change quarterly.

aren’t the only thing that can be paid through loans using home equity. You can fund some home improvements, handle emergencies, pay college expenses, or a combination of this to consolidate most or all of your debt. You could even put some of the funds toward “flipping” an investment house.

Many sources indicate the national average of credit card debt is almost $8,400 per household with an average interest rate of approximately 17 percent. Your “before” picture is when you continue to make payments to your credit card company for, let’s say, five years. You would make minimum payments of $208 per month and pay $4,126 in interest (assuming you stopped spending with those cards).

Home equity is viable and real. According to CoreLogic, a national; property information, analytics and data-enabled solutions provider, total home equity increased five percent in the past year. Yet less than one percent of “tappable” equity was withdrawn in the first quarter of 2019.

Once you do it, you’ll know the first steps to lowering the interest charges you’ve been paying for way too long. Look to the help of either a low-rate home equity loan or a home equity line of credit (HELOC).

The home equity loan saved you more than $3,000, even if you consider the minimal closing costs. A credit union does not charge an application fee and no prepayment penalties. Credit unions offer a full line of mortgage loans, including home equity and CreditHELOCs.cardbalances

Don’t overlook the value of your home and what it can mean to you. Consider using your home’s equity to become fiscally fit in the Credit2020s.unions offer a full line of mortgage loans, including home equity and HELOCs. RBFCU makes this a part of its distinction as the No. 1 Mortgage Lender in Texas for Credit Unions (loans funded) according to the latest 2018 National HMDA data published by the Federal Financial Institutions Examinations Council.

This calculation shows you how much you can borrow against the equity you’ve built up in your home. Homeowners in the state of Texas can take 80 percent of their home’s assessed value, less any liens or loans against the property. Here’s an example: Your home has a recent appraisal of $475,000. You’ve spent the past number of years making your mortgage payments to the point you now owe $275,000. By multiplying $475,000 by 80 percent, you’ve got $380,000.

Your “after” picture is when you use a home equity loan to consolidate your $8,400 in credit card debt. If your rate is 2.75 percent and you took five years to pay it off, your monthly payment would be $150 per month and your total interest paid would be $600.

Subtract the $275,000 you owe from your mortgage and you’ve got a maximum of $105,000 you can borrow against. Now comes the tricky part. Think of it as the size of the clothes you want your finances to fit in. Even though you’ve got as much as $105,000 to borrow, do you need that much? If you know the amount you need, you’ll want to go with a home equity loan. These loans offer a one-time, lump-sum loan. Often, they are among the lowest rate loans you’ll find at your credit union or bank. The chances that the rate will be far less than what your credit card is charging you are very good. The rate will be fixed for the term of the loan.

Two Loans to Get Us in Tip-Top Financial Shape

Performing the following calculation based on the ownership of your house is a lot easier than holding a pull up for 30 seconds.

You know you need to go to the gym to get rid of the first problem. But all you need to do to handle that second issue is head to your financial institution for an exercise that can lead to trimming of debt and a leaner and fitter financial version of yourself in 2020 and beyond.

31 • CONTACT, WINTER 2020

So, once you’ve got your “clothes” picked out, let’s take a look at the “before and after” photo of your ability to consolidate your debt.

by Tim Price, Marketing Communication Specialist RBFCU

RBFCU is active in North Texas. For 2019 through October, RBFCU has closed more than 425 mortgage loans in North Texas worth more than $65 million.

■ Innovative Software Integrations with ConnectLive™ ■ Lending Services1 ■ No-Fee Lockbox ■ Full Banking Services ■ Online Banking ■ Scan to Lockbox ■ Dedicated Customer Service Innovating for You, Your Business & Your Customers To learn more, talk with a banking professional today: (888) allianceassociationbank.com734-4567 Wendy Hazelwood Vice AssociationPresidentFinancial Partner (214) 837-7711 whazelwood@allianceassociationbank.com Craig Lee Huntington Senior Vice President (323) 201-7570 clhuntington@allianceassociationbank.com 1All offers of credit are subject to credit approval. 3/19

33 • CONTACT, WINTER 2020

Anne Whitson Sr. Client Relations Specialist Direct Line: www.cchlaw.comCAGLEanne@cchlaw.com512-893-7323CARPENTERHAZLEWOOD

CAGLE PUGH is excited to announce the grand opening of their law firm in Dallas on January 16, 2020! Gregory Cagle, Adam Pugh, and Kate Kilanowski are the Partners of this Texas-based law firm specializing in community associations law and business law. With offices in Dallas, Austin, and San Antonio, they offer all the same services, people and experience you’ve come to know and trust under Cagle Carpenter Hazlewood. Visit www.caglepugh. com, email info@caglepugh.com, or call 469-676-4020 to experience the difference Cagle Pugh can make for you and your community! Local Business, World Class Results.

35 • CONTACT, WINTER 20206 Unparalleled Property Services Who We Are Castle Group is the premier choice for Community Management, specializing in serving the finest Condominium and Homeowner Associations. To learn more about The Castle Difference contact us today at 972-846-0641. www.castlegroup.com/castle-texas 6860 North Dallas Parkway, Suite 200 Plano, TX info@castlegroup.com75024

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.

36 • CONTACT, WINTER 2020 35 • CONTACT, SUMMER 2019 6

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.

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 **Pleaselater?note,

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.

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

37 • CONTACT, WINTER 20206 HowMagazineDoISubmit An Ar cle?

inclusion in

upcoming magazine.

June, September, and December,

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, so we would need your ar�cle or adver�sement no later than February 15, May 15, August 15, 15 to ensure the Contact is mailed to over 500+ ac�ve

and November

members each quarter. 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 the right to reject any adver sing contract or inser on for any reason. 5

38 • CONTACT, WINTER 2020

39 • CONTACT, WINTER 2020 RESIDENTIAL & COMMERCIAL COURT SPECIALISTS CONSTRUCTION • RESURFACING • MAINTENANCE • EQUIPMENT Master Systems has 25 years of proven expertise in providing clients with innovative, customized, turnkey court solutions. DFW’s premier court construction and maintenance company, we are known for a tradition of integrity, craftsmanship and unparalleled service after the sale. Master Systems specializes in building new post tension courts, resurfacing, repairing and cleaning existing courts. OUR COURT SERVICES INCLUDE: Consultation • Design • Construction • Resurfacing • Repair • Maintenance Cleaning • Fences and Gates • Windscreen and Netting • Shade Structures Lighting • Multipurpose Courts • Basketball • Volleyball • Pickle Ball • Bocce Ball • Batting Cages • Painted Games • Equipment and Accessories Quality work guaranteed. Fully licensed and insured. www.MasterSystemsCourts.com 4454 MYERWOOD LANE • DALLAS, TX 75244 Info@MasterSystemsCourts.com 972-620-9540 | 214-354-2738

Membership

Location TBD 8:00 AM - 5:00 PM October Thursday, October 1st to Friday, October 2nd CASE Study (location TBD)

11:30 AM - 1:30 PM Brookhaven Country Club

*Canned Food Drive In Conjunction

Wednesday,

Brookhaven Country Club June High Rise Manager’s Forum Friday, June 5th 8:00 AM to 4:00 PM Date and Location To Be Confirmed Wednesday, June 10th to Saturday, June 13th CAI National Conference Hollywood, FL *National Event August Wednesday, August 12th Membership Luncheon

11:30 AM - 1:00 PM

September (No luncheon...) Wednesday, September 9th 17th Annual Expo & Trade Show

February Thursday, February 6th to Friday, February 7th

40 • CONTACT, WINTER 2020

Brookhaven Country Club *Toy Drive In Conjunction With The Member Luncheon

2020 Calendar of Events Some dates are subject to change. Please check www.dfwcai.org to confirm all dates as we approach events. You can also sign up for the email updates, which will let you know if any dates have changed.

Wednesday, October 14th Membership Luncheon

March Wednesday, March 11th Luncheon

11:30 AM - 1:00 PM Brookhaven Country Club

14th Annual Awards Gala (NEW) 7:00 PM - 10:00 PM Addison April Wednesday, April 8th Luncheon

Membership

Renaissance

11:30 AM - 1:00 PM

January January 8th Luncheon

11:30 AM - 1:00 PM Brookhaven Country Club January 15th to Saturday, January 18th Community Association Law Seminar

May Thursday, May 7th to Friday, May 8th M-206: Financial Management Wednesday, May 13th Member Luncheon

11:30 AM - 1:00 PM Brookhaven Country Club Thursday, August 13th to Saturday, August 15th M-100: The Essentials of Community AOFManagement-Annual Bowling Tournament Date and Location To Be Determined 5:00 PM - 8:00 PM

11:30 AM - 1:00 PM Brookhaven Country Club AOF - Loot 4 Boots: Homeless Vets Date and Location To Be Determined 3:00 PM - 6:00 PM

December Friday, December 4th M-202: Association Communications Wednesday, December 9th Membership Luncheon

November Thursday, November 5th Sporting Clays Tournament (NEW!)

Membership

Thursday, March 12th to Saturday, March 14th M-100: The Essentials of Community Saturday,ManagementMarch

Wednesday,

M-205: Risk Management Wednesday, February 12th Membership Luncheon 11:30 AM - 1:00 PM Brookhaven Country Club AOF - NTFB Service Day Date and Time To Be Determined North Texas Food Bank - Plano, TX

11:30 AM - 1:00 PM Brookhaven Country Club Annual Golf Tournament Date and Venue To Be Determined 10:00 AM - 5:00 PM

12:00 PM - 7:00 PM Elm Fork Shooting Facility *Proceeds benefitting TCAA Wednesday, November 11th November Legal Update Luncheon

Las Vegas, NV *National Event

With The November Luncheon

HOA Board Election Process

One of the many mandates in each HOAs governing documents is the requirement to have a yearly annual meeting of the owners. It is usually at this meeting that HOA members elect the board of directors for the upcoming year. This duly elected board becomes the governing body for the entire HOA so having a fair and impartial election where all owners votes count is of utmost importance. Considering the number of HOAs across the US is growing (over 50% of the households in US are now in an HOA), it’s important that the HOA board election process be clear and concise.

Don’t Let Your Next Annual Meeting Become a Circus

Poor planning can be the downfall to a great annual meeting.

How to Add Electronic Voting to the Mix

Advance planning of the timing will keep you on track to have a successful HOA board election. Be sure to list all the dates: when to send the call for candidates, by when the candidate intents must be received, when the notice must go out, when the ballots must go out, when the ballots must be returned by, etc.

The goal in creating the HOA Annual Meeting Folder and Timeline is to ensure all requirements are met and the process is followed correctly each year. Failing to follow the process could result in an election being deemed invalid and needing to be redone, costing the association both time and money.

Check your state statutes for specific requirements for HOA board elections. Some items to look for include when the meeting notice needs to be sent (how many days before the meeting), if the notices must be mailed or if they can be emailed, if the vote has a secret requirement, if a proxy is required, etc.

By Ruth Ingoldsby, CMCA®, EBP Vote HOA Now

You may think it’s early for spring cleaning, but now is the time to organize your annual meeting process. This way you are ready to implement your new procedures in time to avoid a meeting that becomes a three-ring circus!

Check your HOAs governing documents. Check both your CC&Rs and Bylaws. Look for meeting date and timing requirements, the terms of the positions, ballot secrecy, quorum requirements, if votes can be changed after submitted, is there an owner date of record of those that are eligible to vote, and if past due owners can vote, etc.

etc. Be sure to include the location of the meeting and your contact person. Create a timeline of when each item needs to be completed.

Ruth Ingoldsby, CMCA®, EBP Ruth is a Business Development and Operations Director with Vote HOA Now. Along with overseeing online votes throughout the US and Ontario, she presents both in-person and online to management companies, committees, and boards. Ruth has a communications degree from the University of Illinois, holds the CMCA designation, and is a CAI Educated Business Partner.

If electronic voting is permitted by your state’s statute it is very easy to incorporate this into your HOA election process and offer owners another option for having their vote count. Start by having the board adopt a resolution to add electronic voting as a method to accept ballots. Next, work with a company that offers the type of voting service you need. It is recommended that HOAs work with an electronic (or online) voting company that is specific to the HOA industry as they understand the complexities of how HOAs operate. Also, it is important to look for a company that offers full-service management, not just a portal. A full-service voting company has the expertise to focus on your HOA election to make sure you reach quorum, while relieving some of the workload from the manager or election committee and providing third-party separation.

Tips for a Successful HOA Board Election

Make a list of all the HOA election details. Once you know your requirements, make a list of all the details and keep it in an annual meeting folder so you can refer to it each year. You may even want to keep the pages of your governing docs with the specific sections highlighted that show the requirements in this folder. Your list should include the number of homes, quorum requirement, how many ballots are required for quorum, how many directors are elected each year and the length of the terms,

Memberships 42 • CONTACT, WINTER 2020 Renewed Members

MEMBERSHIP REPORT Abigail

Mrs.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.JosephineDarrellksb6238@yahoo.com972-806-1431(972)806-1431IndividualMs.jmiller@ccmcnet.com(469)246-3500CCMCIndividualMs.cheri_wheeler@yahoo.com(972)489-4380GoodwinIndividualMs.bwest@ccmcnet.com(972)548-9191CCMCIndividualMs.slee@cmamanagement.comBeverlyWestManagerCheriWheelerManager&CompanyJenniferMillerManagerKarenBoyd,AMS,PCAMManagerTraegerLeeperBarryJones,CMCA,AMSBrandonLHall,CMCA,AMSCameronGschwend,CMCACarlHedrick,CMCA,AMSCarrollLamb,Jr.ChrisHarrison,PCAMChristopherDominiqueAyoubChristopherSchappaugh,CMCAColinChopinDanielC.Thomas,CMCA,AMSDouglasS.HastyEdColvin,CMCAElonGoldman,RSErnestineBurtleyGabeSantiago,CMCA,AMSJerryBridgesJohnArmstrongJohnBeall,CMCA,AMS,PCAMJohnSharpKevinCavanaughLaurenceE.Scott,Jr.MichaelReeves,CMCA,AMSPadraicMulcahy,CMCARayVilRobertM.MackayRodneyE.CruzRonS.Littmann,CMCASteveRutherfordStewartMasterson,CMCATomMartinTyArmstrongVidalJonesWorthW.Ross,CMCA,AMSAndreaM.Willett,CMCA

RTI/CommunityIndividualMrs.dlee@cmamanagement.com(817)310-6950(817)310-6902ShannaLeeManagerManagement Inc. (646)379-5342

Mrs. Jordan Velazquez, CMCA Mrs. Kristina Elyese Wynn Mrs. Linda Razzano, CMCA, AMS Mrs. Lisa Marie Sewell, CMCA Mrs. Susan S. Ross Ms. Adrienne Brewer Ms. Amanda Griffin Ms. Anne C. Fay, CMCA, AMS Ms. April Hubler Ms. Carol Owens, PCAM Ms. Carrie Bailey Ms. Cassandra Silva Ms. Debbie Gschwend, CMCA Ms. Diane Barta, CMCA, AMS Ms. Erin Muddie Ms. Jowanna Hill Ms. Liliana Olvera, CMCA Ms. Marian Gardner, CCM Ms. Marilyn Weinberger Ms. Melissa Zacha, CMCA, AMS Ms. Pam S Pinzone Ms. Rosanne M Hill, CMCA, AMS Ms. Susan Riley Shaun SterlingPoeKropp

HaynesServiceMr.gregory.cagle@caglepugh.com(737)261-0600CagleAttorneyMr.ecalo@principal-mgmt.com(214)368-5953(214)368-4030PMGIndividualMr.andrey@westfallsvillage.org(214)326-1804ElimarisCaloManagerNorth-DallasGregoryS.CaglePughRodneyJoeHaynesProviderLandscapeandMaintenance Inc

WestfallsCommunityMr.rodneyh@hayneslandscape.com(972)838-4444StephenPazAssociationVolunteerVillageHomeowners’Association, Inc.

New

WestfallsCommunityMr.Abenzine@tx.rr.com(469)628-3431PlanoServiceMr.holli.nugent@goodwintx.com(855)289-6007GoodwinIndividualHolliClickPayServiceClickPayabby@worthross.com(214)522-1943WorthIndividualShrigleyManagerRossManagementProviderNugentManager&CompanyAaronLBenzineProviderTreeCareAndreyPevnevAssociationVolunteerVillageHomeowners’Association, Inc.

RTI/CommunityIndividualMrs.stevep@westfallsvillage.org(972)658-7177DawnLee,CMCAManagerManagement Associates, Inc.

Associates,

Mr. Ron S. Littmann, CMCA CMCA

Mr.ManagementGregA.Smith B&B Construction Management Group, LLC

Mr. Brandon Norman, CMCA RTI/Community Management Associates, Inc. CMCA

Congratulations on your credentials!

Mrs. Andrea M. Willett, CMCA Worth Ross Management CMCA

Name Organization Credential

Mrs. Jordan Velazquez, CMCA The Residences at W Dallas CMCA

Rejoined

Ms. Tiffany Barton, CMCA, AMS, PCAM Veritex Community Bank

Mr. Jonathan Michael Driver, CMCA, AMS The Ritz-Carlton Residences, Dallas AMS

Lori R. Welsh, CMCA, AMS Veracity, Inc.

Mr. David Meyer, CMCA, AMS 4CSONS Group, LLC DBA 4Sight Property

Mr. David Meyer, CMCA, AMS RTI/Community Management Associates, Inc. AMS

Members

Mr. Todd Gschwend, CMCA, AMS RTI/Community Management Associates, Ms.Inc.

Mr. Matthew Mark Kopchak, CMCA, AMS, PCAM Worth Ross Management PCAM

Mr. Robert Q. Cano R&R Property Maintanace

Mr. Jesse Cardoza Landscape Horticulture Services

Mr. Mark Valls OnGuard Camera Systems

43 • CONTACT, WINTER 2020 MEMBERSHIP REPORT

5. What is the budget for the waterbody?

This question seems to be very simple, but it is deceptively complicated. For example, some people live in communities with stormwater management ponds that are the focal point of the community. Even in cases like this where pond aesthetics are important, pond maintenance services still must focus on ensuring that stormwater functions are working properly. Alternately, a drinking water reservoir is going to be managed much differently, as is a recreational lake or mill pond.

J. Wesley Allen is an Environmental Scientist and Regional Manager at SOLitude Lake Management, an industryleading lake, stormwater pond, wetland and fisheries management firm. Learn more about this topic at www. solitudelakemanagement.com/knowledge

2. Who are the stakeholders?

3. What is the waterbody going to be used for?

5 Questions to Ask When Setting Long-term Lake & Pond Management Goals

4. What are the regulatory requirements and restrictions? Each jurisdiction has a unique set of regulations. In order for a long-term pond management plan to work, understanding which strategies can and cannot be used is fundamental to goal setting. For example, triploid grass carp are an excellent natural aquatic vegetation management option in some states, but are illegal to stock in others. Working with a professional lake manager will help ensure that you are in compliance with any local, state or federal regulations.

by Wes Allen, Environmental Scientist & Regional Leader at SOLitude Lake Management

Budget is often the factor in the speed at which certain goals can be attained, but it does not have to be the limiting factor in success or failure of a goal. A smaller budget can be used creatively to systematically tackle the small hurdles on the way to those bigger milestones. As a rule of thumb, practicing proactive pond management is much more cost effective than addressing water quality problems that have gotten out of Ahand.professional lake management company understands the importance of collaborating with clients to address and answer these five questions early on in the management process. From there, long-term goals that are measurable and achievable can be set. With time and patience, goals like reducing phytoplankton algae cell counts or phosphorous levels by a specified amount can be achieved. Goal setting should begin with the first conversation. Through planning and communication, a diverse lake and pond management firm works with each client to create goals that guide the strategies and techniques applied to their unique aquatic ecosystem. Ultimately, a successful pond management program considers attainable goals, as well as the everchanging variability of Mother Nature and our human impact.

Setting and exceeding long-term goals for freshwater resources requires the understanding and discussion of many factors. Each waterbody is unique, and each client is unique. In order not to get lost, focusing on the following five factors can make your goals measurable and, ultimately, achievable:

The winter months tend to be the time that we all think about goals. Whether it’s assessing how successful we were at achieving previous milestones or setting new ones, the long cold nights seem to make us all reflect a little more. This time of year is also perfect for evaluating and setting long-term goals for lakes, ponds, and stormwater facilities. As an aquatic resource management consultant, these goals are critical to deciding the who, what, when, where, why and how of managing community waterbodies.

1. What type of waterbody is being managed?

Just as there are different types of waterbodies, there are many different uses of waterbodies. A private farm pond can be managed for waterfowl and fish habitat. A lake association may want swimming and recreation to be the primary use of their waterbody. Deciding the primary uses of the lake, pond or stormwater facility is another primary driver of successful goal setting

A bio-swale in a retirement community and a 300-acre lake with public access are going to have different stakeholders and decision makers. Making sure the correct people are involved in goal-setting is important to consider before a pond management plan is designed. Often, there are many stakeholders with different goals for the same waterbody, so it’s important to take into account each group’s expectations when developing a lake management plan.

171258 Olivia Hurtado, CMCA Vice President 214-717-2718 866-800-4656 ext.7567 olivia.hurtado@mutualofomahabank.com mutualofomahabank.com Member FDIC Equal Housing Lender

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.