Community Contact | Summer 2022

CONTACT

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

BOARD

DIRECTORS

Chris Broach, CMCA, AMS, PCAM - President Blue Hawk Management cbroach@bluehawkmgmt.net

Joe Veach - Presidnet Elect Globus Construction Group jveach@globusmanage.com

Olivia Hurtado, CMCA - Vice President CIT, A Division of First Citizens Bank olivia.hurtado@cit.com

Anne Bernhardt - Secretary Park Towers Condominium Association anneb972@gmail.com

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

Leah K Burton, Esq. - Board Member Roberts Markel Weinberg Butler Hailey PC lburton@rmwbh.com

Wendy Hazelwood, CMCA - Board Member Alliance Association Bank whazelwood@allianceassociationbank.com

Mark Norton, AMS, PCAM - Board Member Insight Association Management Company mnorton@insightam.com

Clayton Hearn - Immediate Past President Prestonwood Trails Neighborhood Association clayton.hearn@gmail.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

MESSAGE FROM THE PRESIDENT

Dear Chapter Members:

I’m excited to be serving as your DFW Chapter President for 2022. The DFW Chapter has grown to an incredible assembly of professionals in the industry representing homeowners’ associations, condominiums, townhomes, and cooperatives. CAI is an organization that has now expanded into other countries outside of the United States and our local DFW Chapter continues to thrive with almost 750 members.

As our industry grows and evolves, there have never been more opportunities for us to continue our growth with education provided by CAI and important networking events to bring the very best of knowledge and experience together. Check out the online list of educational events at https://dfwcai.org/PMDP_ Course_Schedule. One of our initiatives this year is to work with our other Texas CAI Chapters (San Antonio, Houston, and Austin) to be better informed, share resources, and contribute towards a united front for our Texas.

You may have heard that the CAI Board of Trustees has re-authorized the Texas Legislative Action Committee (TLAC). TLAC is comprised of many professionals in the industry with cumulative efforts across all Texas Chapters to advance, defend, protect, and strengthen public policy for the community association housing model. Stay tuned for more information from the Committee on legislative tracking, contributions, member input, events and more.

If you attended the recent member luncheon with Craig Huntington, you know that we have moved our location to Maggiano’s. Please note that while at Maggiano’s next time, it is a different location. The Board hopes that this provided a refreshed environment and positive atmosphere for networking and learning. The new luncheon model for 2022 will reduce the number of luncheons to only six (6) but with more concentrated allocation to speakers and subjects for the year. Our Annual Meeting will be held during our March member luncheon due to the reduced number of Board members at January’s luncheon.

We have some great events coming up this spring thanks to our volunteer committees, including our very well attended 18th Annual DFW CAI Expo and Trade Show (Welcome to the Jungle) in April, as well as our Annual Awards Gala in May. Nominations for the Gala awards are now open! Visit our homepage for updates on upcoming events at www.dfwcai.org.

Please feel free to send us your feedback on events or ideas for our Chapter. I look forward to seeing you at our next event.

Chris Broach

THANK

2022

DIAMOND SPONSORS

Alliance Association Bank

Cardinal Strategies

Cavalry Construction CCMC

Clients First Landscape Solutions

RTI/Community Management Associates, Inc. “CMA”, AAMC

Insight Association Management, AAMC

Magnolia Fisheries & Lonestar Fountains McKenzie Ryan & Mena Neighborhood Management, Inc., AAMC Roberts Markel Weinberg Butler Hailey, PC RTC Restoration and Glass

Staying-A-Float Lifeguarding (S.A.F. Guarding)

Texas Disaster Restoration Texas Security Bank Worth Ross Management Company, AAMC

PLATINUM SPONSORS

Advanced Association Management Association Insurance Partners

Brightview Landscape Services

CIT - A Divison of First Citizens Bank

Five Star Pools

Globus Management Group

Kilowatt Partners

Robert’s Pool Service

Scarbrough, Medlin & Associates Shepperd Construction Timothy, DeVolt & Company, P.C.

GOLD SPONSORS

Classic Property Management, AAMC

EmpireWorks Reconstruction

Henry Oddo Austin & Fletcher, P.C. Kerrane Storz, PC

The Playwell Group

SOLitude Lake Management Symphony Risk Solutions, LLC Truist Association Services

Yellowstone Landscape Services

SILVER SPONSORS

Advanced Roofing & Sheet Metal (ARSM)

Association Reserves - Texas

Bob Owens Electric Co., Inc. Castle Group

Landcape Professionals of Texas Master Systems Courts

PMP Management - Texas Reconstruction Experts Riddle & Williams, PC

BRONZE SPONSORS

Allegra Marketing | Print | Mail Charles Taylor Engineering Services Kraftsman Playground and Park Equipment RealManage Reserve Advisors, LLC

EDUCATION SPONSORS 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.

2022 DFW CAI COMMITTEES

Ambassadors of Fun Committee Chair: Haley Dixon Community Affairs Committee Co-Chairs: Deena Still and Wendy Hazelwood, CMCA

Expo Committee Co-Chairs: Jena Abernathy and Deena Still

Gala Committee Chair: Mark Norton, AMS, PCAM

Golf Tournament Committee Chair: Jason Dove

High Rise Managers Forum

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

Magazine Committee Co-Chairs: Tracy Wolin, CMCA, AMS, PCAM and Katy Hutchison

Membership Committee Chair: Cindy Martin, CMCA, AMS, PCAM

Programming Committee Chair: Deena Still

Sporting Clays Committee Committee Chair: Scott Sieck

renovation in the works?

data doesn’t lie - Worth Ross Management Company has the experience, tools, and knowledge to address all of your association’s success and pain points. We understand that each association is unique and should be treated as such - that’s why we are committed to providing your community with individualistic services that no other management company can boast. We offer everything your association might need to be successful, no matter what you’re searching for:

Tracy Wolin, CMCA, AMS, PCAM

National Night Out (NNO) officially began 38 years ago in August of 1984 in Pennsylvania. In 1970, a gentleman named Matt, volunteered for his local police department which included writing a newsletter. When having difficulty developing newsletter content, Matt reached out to other police departments and realized more was needed. In 1981, National Association of Town Watch was founded to provide community watch groups the necessary information, resources, and assets to stay informed, interested, involved, and motivated. Three years later, 1984, was the beginning of National Night Out.

Fun Fact. There are 23 states holding National Night Out Events, and these events are held on the second Tuesday of August. Texas Cities, numbering 140 participate in the annual event held yearly on the second Tuesday of October. NNO is a community-building campaign that promotes police and fire department personnel-community partnerships to make our neighborhoods safer, more caring places to live. Furthermore, the event provides the opportunity to bring police, fire fighting personnel, and neighbors together under positive circumstances.

Fun Fact. Texas is the only state that holds NNO in October due to the Texas summer weather. Neighborhoods may host block parties while emergency personnel might hold demonstrations, seminars, youth events or exhibits. You may have an opportunity to have your photo taken while on a fire truck or in a police vehicle!

As a Manager, you might be lucky enough to have a Committee that organizes National Night Out or you and your staff might take care of the details. Either way, this is a great opportunity for staff to get involved with residents. You may be lucky to have a large park to host the event but here in my Association, the caravan goes to each street.

Begin by contacting your local police department to gather information and to schedule an appearance by emergency personnel.

Below are a few cities with contact information to get you started.

• In Dallas, email: NNO@DallasCityHall.com

• In Plano, email: crimeprevention@plano.gov

• In Arlington, email https://www.arlingtonpd.org/WebApps/CommunityWatch/NNORegistrationForm.aspx

• In Irving, email: tflorence@cityofirving.org

Next, if you do not have a central meeting place and decide to have a neighborhood-by-neighborhood activity, you should consider soliciting volunteers to act as block captains. The block captains can organize block parties, perhaps a potluck, but most importantly disseminate information to help get everyone involved.

Beware if there is an emergency, NNO might be cut short as emergency personnel may need to respond but that will not stop neighbors from applauding the people in the vehicles as they rush by, just to say thank you!

Innovating community association banking solutions is our business,

on

With a strong commitment to the community management industry, backed by sizable national resources, Alliance Association Bank provides an unmatched level of expertise and responsiveness. Our customer-focused approach means you get a dedicated, experienced relationship manager— a single point of contact—to help with your unique needs so you’re able to focus on what matters most: your business and your customers.

Homeowner

Meet Your Community Association Banking Experts:

Wendy Hazelwood, CMCA

President

Joanne Haluska, CMCA, AMS

Managing Director, Central Region

Why Choose Alliance Association Bank: Alliance Association Bank has over 50 years of combined experience meeting the unique and complex banking needs of community associations. This experience, combined with our financial strength and stability, make Alliance Association Bank a key financial institution to build an alliance with to grow your business. Alliance Association Bank is a division of Western Alliance Bank, Member FDIC. As one of the country’s top-performing banking companies, Western Alliance was #1 best-performing of the 50 largest public U.S. banks in the most recent S&P Global Market Intelligence listing and ranks high on the Forbes “Best Banks in America” list year after year.

One of Forbes’ Best Banks in America Year After Year

MAKING OUR COMMUNITIES SAFER: THE BENEFITS OF NATIONAL NIGHT OUT

By: Darrin S. Cassidy

Years ago…perhaps I should say decades…I recall playing outside until the streetlights illuminated. I would then head home and play flashlight tag with the other neighborhood kids while our parents gathered on the front lawn to socialize. Unfortunately, this type of behavior fell out of fashion somewhere between then and now. Blame it on whatever you will, but the best way to promote safe neighborhoods – the simple act of being neighborly – quietly faded away.

Today, people stay in their homes and rarely come out. It is astonishing how few people actually know their neighbors. Neighborhoods had to create programs soliciting volunteers just to walk the community. These programs came with signs warning visitors that people are watching. But are they, really? From my perspective, it seems as if those programs have faded away, much like the notion of neighbors congregating on the front lawn.

Replacing these programs, signs and friendly conversations with neighbors – while kids play in the yard – is social media and cameras. Technology introduced the world to handheld devices that literally put 24/7 access to information at our fingertips. But while apps let one stay connected to someone thousands of miles away, they have also all but eliminated the art of conversation, live and in person. After all, why congregate with neighbors on the front lawn when one can simply catch up online or via text!

What about the security provided by cameras you ask? They too are literally everywhere. Our phones and doorbells have cameras and they are installed on every corner of our homes. However, many mobile device owners are eager to capture wrongdoing not as a deterrent, but rather, to post content on social media platforms.

In 1981, a young man named Matt Peskin – a volunteer like thousands of others across the nation – recognized a need for unity among neighborhoods. He created the National Association of Town Watch (NATW), a forum to help residents share resources and ideas by harnessing neighborhood involvement to help keep communities safe. NATW proved highly successful and continued to grow as it was embraced by law enforcement agencies nationwide.

Just three short years later the initial National Night Out (NNO) took place in 1984. Some 2.5 million neighbors in 400 communities and 23 states turned on their porch lights and sat on the stoop to interact and just be neighbors. The intent was to bridge the gap between community residents, neighborhood watch groups, law enforcement agencies, crime prevention associations and other civic organizations. All would work in conjunction with one another to help their communities remain safe.

Today, 38 years after its formation, 38 million neighbors from 16,000 communities across the U.S. actively support NNO. The vision of one man from Philadelphia has far exceeded anyone’s expectations. NNO events have grown to full-blown town events that bring together all members of the community. Former state senator Kay Bailey Hutchison stated that there is no better way to build a safer community than to know one’s neighbors and surroundings. She further commented that NNO has triumphed over a culture that isolates us from each other while helping us rediscover our own communities.

While cameras will help deter wrongdoing and social media documents what has already happened, nothing will make communities safer than knowing our neighbors and looking out for one another. With that in mind, introducing your community to the concept of National Night Out is your opportunity to be the catalyst of positive change. It will make the world a smaller, safer place while showing neighbors they have more in common than they might realize.

TIPS FOR HOSTING A SUCCESSFUL NATIONAL NIGHT OUT EVENT

As a community manager, board member or even an interested homeowner, there are many benefits of participating in a National Night Out event. Here are a few tips and comments from Community Managers who have hosted similar events in the past.

“It’s always potluck style, so a lot of people bring food, the coordinator gets a National Night Out cake and one resident brings out his grill and cooks burgers and hot dogs. It’s at the gazebo next to a pond in a well-shaded area. We might also do something like an ice cream truck this year.

“We’ve had the district supervisor come out with some aides to speak to people, and there’s always a few police officers and sheriff deputies as well. The police meet everyone individually and introduce themselves to the group at large. They are always friendly and pass out their cards, so people feel like they can reach out to them personally if they need to. This is probably the main benefit – residents getting some one-on-one time with the police, each other, me and the Board. I always get to meet new residents and those I’ve spoken to over the phone / email, but never in person.”

Autumn Szewczyk, CMCA®, AMS® Pinecrest Community Association

“For me personally, NNO and the community connectivity it represents, I feel is the biggest benefit for us in Seven Oaks. We live by “See Something, Say Something”, so NNO’s drive on community involvement is paramount for our residents right now.”

Karen Fooks, CMCA®, AMS® Seven Oaks Community Association

“Potomac Shores participates in National Night Out every year. National Night Out provides a great opportunity to bring police, neighbors and first responders together in a community-building campaign. It creates partnerships and a sense of neighborhood camaraderie with the goal to make communities a safer, more caring place to live.”

Daiane Studzinski, CMCA® Potomac Shores Residential Association, Inc.

Darrin S. Cassidy, CMCA®, AMS®, PCAM® is Branch Vice President with Associa Select Community Services in Chantilly, VA. He can be reached at dcassidy@scs-management.com.

TRUE VISIONSHARED TO OUR

Community associations and management professionals have something in common: they deserve a long-term relationship with a management company they can trust. Founded locally in 1983, CMA remains true to the vision that has set us apart for decades.

• We support the vibrancy and longevity of each neighborhood’s atmosphere and every staff member’s career by paying attention to what makes each one unique.

• We serve everyone ― customer and staff member alike ― with respect, integrity, and urgency, proving that a positive company culture exudes from the inside out.

• We work as a team. Our front-line managers are backed by corporate support staff (accounting, closing, customer care, and more) so they can focus on day-to-day community operations.

• We are problem-solvers and goal-setters. We’ve expanded entirely through referrals to become the largest privately owned association management company in DFW. Whether you want to contract with a new management team or ignite your career,we hope you’ll join us!

Preston Park Blvd.,

200,

Support Staff of the Year

K atie a llen | CCMC

“The time I spent working at Walt Disney World taught me that the most important thing to me in my career is being able to connect with people. At CCMC I am able to use the communication skills that I gained through previous job experience and my time at Texas A&M to connect with my community at Windsong Ranch every day!”

Lifestyle Director of the Year

Kristy MCCarthy | PMP ManageMent

“One thing I love about my job is the people. It is why we do what we do. Getting to meet new people, families and even furry friends, hear their story, and continue to interact as events happen and the community grows is the highlight of my days!”

Community Spirit

s andbro CK r an C h

J uneteenth C elebration | CCMC

“Our team here at Sandbrock Ranch is always looking for ways to help build connections within what is already an amazing community. We had a great turnout for the Juneteenth celebration last year. It was gratifying to see the Sandbrock Ranch community having fun with friends, family, vendors, and staff while celebrating this historically significant holiday. We were honored to be recognized at the CAI Awards Gala this year and are looking forward to hosting our Juneteenth Jazz Celebration to continue the tradition! Thank you to the Sandbrock Ranch team and the entire Sandbrock Ranch Community for making our Juneteenth Celebration a tremendous success!”

Volunteer of the Year

Wendy hazelWood, CMCa

“I am honored to have been nominated for this award. I am passionate about the community associations industry and the DFW CAI Chapter. Never underestimate the difference you can make by stepping forward and reaching out to help. “

Management Company of the Year

advanCed assoCiation ManageMent, inC.

“What a good feeling to know that AAM had so many nominations from our happy homeowners to make this happen! And a big thanks to the team at AAM for making all those people happy!”

Business Partner of the Year

r e C onstru C tion e x P erts , i n C .

Reconstruction Experts has helped more than 2,500 HOAs and countless residents love their place again.

“Our approach of bringing more care, more communication, and more creativity to every interaction has proudly made RE the market leader in reconstruction – rebuilding spaces and lives. Reconstruction Experts. Love your place again.™

Newcomer Managers of the Year

J ordan J ones | CCMC

“I appreciate every member of the CCMC team for believing in me. Their support and leadership has been the reason for my success. I’ve always appreciated great customer service and I’m excited to be part of an organization that is all about creating the best resident experience possible.

DEITRA WALTER, CMCA | ADVANCED ASSOCIATION MANAGEMENT

Deitra joined Advanced Association Management in November 2021 after working as a legal assistant. Prior to her work in the legal field, she worked as the manager of Ford Center’s concessions/conversion/warehouse in the Dallas Cowboys World Headquarters in Frisco, Texas. There, she was responsible for overseeing the concessions program, including over 165 non-profits, the conversions team and warehouse. She has an entrepreneurial spirit having owned two restaurants, a gift shop, a sign business, and an amusements business.

Community Manager of the Year

K athy e PP erson , CMCa , a M s , PCa M

Kathy Epperson is currently a luxury High Rise Manager in Dallas with just over 20-years experience managing Communities from Alaska to Texas. Kathy believes that we achieve more by working together. To do this we must empower one another; learn from experience; and celebrate our successes

C indy M artin , CMCa , a M s , PCa M

Cindy Martin is an example of a dedicated Property Manager, not only to PMP Management but also to CAI for many years. She serves on many committees and teams for CAI, most recently joining the TLAC committee which is highly needed for this next year. During the pandemic, she went up and beyond to make sure the communities she managed were updated with info and encouraged residents to make sure their neighbor was cared for, so the community would work together.

MeMber of the

Drought Conditions & Water Restrictions

ARE THE NEW NORMAL

By: Dustin Cotten

If ever there was a reason to change up your landscape strategy, a once-in-a-millennia mega-drought ought to be it. As the Western United States remains in the grips of punishingly dry temperatures and increasing water restrictions, you can stay above the fray with some simple tweaks. Here’s what our experts recommend:

Look at the Big Picture to Identify Your Priorities

Before getting into specific drought-survival tactics, consider your overall landscape and think about:

1. Focal Areas - What do customers or tenants see first when they enter your property? What areas have the most traffic?

2. Trees - These are some of your most expensive assets. Make preserving heritage trees a top priority.

3. Budget - Assess how much you can invest in water-saving updates to irrigation and take into account the resulting water cost savings.

The MP Rotator nozzle is a trusted high-efficiency solution offering up to 30% water savings over traditional spray nozzles.

Conduct an Irrigation Evaluation

Updating and/or modifying your irrigation can save considerable water. If possible, reduce run times (particularly in less visible areas) and make sure your irrigation system is in good repair. If budget allows, even minor improvements can make a big difference. Below are our top recommendations; your landscape partner can help nail down what would make the biggest impact for your circumstances.

• Smart Controllers

• Low-Volume/Drip Irrigation

• High-Efficiency Nozzles

• Flow Sensors and Master Valves

The landscape you’re irrigating determines your water use. Change it up and save water!

Go for Drought-Aware Landscape Design

Use Water-Wise Horticultural Techniques

considerable

visible

Learn More about Smart Water Management

A Resident Expert in your Landscape

RMWBH

LEAH K. BURTON

5 FACTS ABOUT LEAH K. BURTON

1. Leah represents POAs of

sizes

condominium

large multi-thousand lot master-planned communities.

the complexities that associations face around the U.S.

2. Leah has practiced POA law in both Texas and Florida

3. Leah was raised in Anchorage,

sometimes visit Texas, but she enjoys the Texas

4. Leah’s experience practicing

litigation

her

better advise her POA clients on the risks they may face from

Leah has been recognized for her continued work

increase

within

communities. Her work on the topic has been featured by

DFW CAI’s Expo and Trade Show – April 13, 2022

The 18th Annual DFW -CAI Expo and Trade Show was a Success! In 2022 we moved the location of the trade show to the Watters Creek Convention Center in Allen, TX. We had over 350 attendees at the event along with over 120 sponsored booths.

The theme of the event was Welcome to the Jungle and we had some really great themed booths throughout the trade show floor. It is great to see everyone get into the event.

BEST BOOTH WINNERS:

1st Place

Classic Construction and Restoration, Inc.

Theme – Classic Park

Runner Up

EmpireWorks Reconstruction

Theme - Tiger King Theme

Also, new for this year was an after party onsite at the Watters Creek Convention Center. We had a great turnout and a ton of fun with over 200 people attending.

We look forward to seeing everyone next year at the event. We are sure it will be OUT OF THIS WORLD!!

Why Choose Advanced Roofing and Sheet Metal?

Unfortunately Mosquito Season is Here AND SO ARE FLEAS

Summer is a time for fun as we get to enjoy our backyards, barbeques, pools and other outdoor entertainment with friends and family. If your anything like my family, we spend more time outdoors in the summer than we do indoors. With hotter temperatures, mosquito populations begin to thrive and so do the risks with vector born illnesses from mosquito bites. This articles is intended to be helpful even though somewhat intuitive on how best to minimize mosquito breeding in and around the home. I have included some of this information in previous articles but probably worth repeating as mosquito breeding begins to ramp up.

Mosquitoes must have water to reproduce even as little as a capful so diligence and persistence is a must. Clear standing water from the premises. Ensure sprinkler systems are working properly and not oversaturating the lawn leaving puddles of water behind until the next watering cycle. Overturn wheelbarrows and used plant containers that hold water. Remove unused tarps, old tires, pool floats and other items that can collect standing water. Ensure gutters and downspouts are free flowing along with ground drainage that is meant to remove water from around the home’s foundation. If ground drains continually hold water then treat with mosquito dunks that can help to eliminate the larvae. This will not reduce the adult population but will help to minimize breeding in these sources. Ensure metal fence posts are capped. These caps can be found at your local hardware store.

Fleas also carry disease and seem to be on rise the last couple of months as we heat up. Here are some helpful tips in identifying mosquito bites from flea bites so you know the difference. Why you ask, because sometimes it is helpful to know how best to take back control of your yard. Flea bites are commonly mistaken for mosquito bites. Their symptoms are indeed very similar as they include red rash, itching and swelling. However, there are also some differences and the more you know hopefully the better you are able to identify. The following is for informational purposes only and intended to describe a regular reaction to the insects’ bites not an allergic one or one that is caused by the diseases/ viruses they carry.

Small deep bites

FLEA MOSQUITO

a hole in the center

More often fleas bite feet, ankles and shins,

often they attack the upper body. Fleas bite

times often

in

Both males and females bite requiring a blood meal

mating.

Intense, typically takes 2-3 days to go away.

Strong pain at the moment of the bite, the insect

go unnoticed in many cases.

Starts in May and can go through winter. Only sustained cold (less than 30 degrees) andlow humidity levels will kill off outdoor eggs, larvae, and adult fleas

Body warmth, carbon dioxide, and vibrations.

Small red swollen spots.

The bites are separate, spots can be found all over the body depending on species.

Only females bite. Males prefer flower nectar. Females require blood to produce eggs.

Intense, typically takes 3-4 days to go away. Scratching worsens the symptoms.

Strong pain at the moment of the bite, the insect can go unnoticed in some cases.

Activity peaks in the spring and during summer months. Activity starts to decrease once temperatures are 50 degrees and below.

Attracted to carbon dioxide, fragrances, floral scents, dark colored clothing, potassium, salt and lactic acid.

May

May

2022

We had a great luncheon and learned about the SERVE Method for creating extraordinary customer service. Charles provided a number of humorous antidotes and insightful examination on common business blunders and questionable customer service that prevent companies from growing. Good Customer service is never accidental and it is imperative to create a corporate culture that is serious about putting the customer first. Date to dazzle your customers by engaging the “Wow Factor”.

Charles Marshall is a humorous motivational speaker with over 20 years of experience speaking to audiences all over the United States.

Charles has written a number of books, The Seven Powers of Success and I’m Not Crazy but I Might Be a Carrier.

“The SERVE Method: Creating Success with Extraordinary Customer Service” was presented by Charles Marshall

The Definitely Existing Fiduciary Duties in Community Association

(Part 2—Community Association Managers)

By: Jeff Kerrane

This is the second part of a three-part series on fiduciary duties in community associations. This article covers fiduciary duties of community association managers. Part one covered fiduciary duties of community association board members, and part three will cover the business judgment rule.

Take a look at your community association management agreement. Nearly every management agreement contains language creating a fiduciary responsibility for the community association manager. The word “manage” itself implies a responsibility to handle the affairs of the association, to treat the association with care, and to do so with skill and competence. Community association managers generally act as agents for the associations they serve. They make decisions for the associations, care for their funds and property, and act with some level of discretion to serve their associations’ interests.

Many management agreements have explicit language stating that the manager is a fiduciary. Other agreements state the manager will act “in the best interests” of the association. Still other agreements refer to the manager as an “agent.”

Fiduciary duties are common, and exist in several types of formal relationships, such as attorney-client, principal-agent, trustee-beneficiary, and among partners.

Although not every relationship of trust and confidence gives rise to a fiduciary duty, courts will find a fiduciary duty exists when a manager has the actual or apparent authority to act on behalf of the association. This relationship is referred to as a “principal-agent relationship.”

Even if the management agreement does not specifically refer to the manager as a “fiduciary” or an “agent”, courts will find that the fiduciary relationship exists when both parties understand there is a special trust or confidence between the parties.

Courts have specifically held that community association managers are fiduciaries to the communities they serve.

Managers, lawyers and other professionals who act as fiduciaries, should not fear this responsibility. In its simplest form, to be a fiduciary merely means that we must always act with utmost good faith and avoid any act of self-dealing that places our personal interest in conflict with our obligations to our association beneficiaries.

In addition to what we must do as fiduciaries, there are things we should do as well. To properly act in the best interests of the clients we serve, we should strive to stay current in our field of practice, and never stop educating ourselves to have the skills we need to serve or clients. One way managers demonstrate their fiduciary commitment to their clients is by obtaining and maintaining CAI’s AMS, LSM, AAMC, or PCAM credentials.

Being educated in our fields, striving to provide the best possible results for our clients, and truly serving their interests over our own is what marks us as professionals, gives us pride in our accomplishments serving others, and sells us to prospective clients. So do the right thing. It will gratify our current clients and astonish prospective clients.

“Do the right thing. It will gratify some people and astonish the rest.” --Mark Twain

Jeff Kerrane is a shareholder with the construction defect law firm of Kerrane Storz, P.C. Jeff can be reached at jkerrane@kerranestorz.com.

iGregan v. Kelly, 355 S.W.3d 223, 227 (Tex.App. Houston [1 Dist.],2011).

iiSee, Davis–Lynch, Inc. v. Asgard Technologies, LLC, 472 S.W.3d 50, 60 (Tex.App.-Hous. (14 Dist.), 2015).

iiiMcAfee, Inc. v. Agilysys, Inc., 316 S.W.3d 820, 829 (Tex.App. Dallas,2010), quoting Pabich v. Kellar, 71 S.W.3d 500, 505 (Tex.App. Fort Worth,2002).

ivSee, e.g., Raburn v. Community Management, L.L.C., 761 Fed.Appx. 263, 268 (C.A.5 (La.), 2019).

vSee, Bell v. Safeco Title Ins. Co., 830 S.W.2d 157, 161 (Tex.App. Dallas,1992).

Personal

Proven Results for HOAs.

WE WANT YOU ON OUR TEAM!

There is a new advocacy committee in town and WE WANT YOU ON OUR TEAM! The mission of the Texas Legislative Action Committee (TLAC) is simple – to advance, defend, protect, and strengthen public policy for the community association-housing model.

In order to be successful, we need to hear from Community Board Members, Community Managers, and those who are directly affected by HOA and condominium association policy reform. We want to know what issues matter to you, what are changes you would like to see during the next legislative session, and how can TLAC help your association operate more effectively.

TLAC is CAI’s brand new advocacy organization and is the only group in Texas supported and endorsed by both CAI National and all CAI Chapters in Texas.

TLAC is a separate organization from the Texas Community Association Advocates (TCAA).

TLAC represents over 20,000 community associations and 5.6 million homeowners in Texas.

TLAC is governed by a broad group of delegates from all over Texas with varying levels of experience and expertise.

TLAC is focused on making education, transparency, and information available to managers, management companies and homeowners PRIOR to and DURING the legislative session.

TLAC is requesting all community associations contribute $1 per door to help raise funds to support ongoing legislative efforts. Any contribution helps, but our success in Austin relies on everyone chipping in!

If you’re interested in getting involved, our industry needs your help! TLAC is recruiting volunteers to serve on its committees!

GET INVOLVED AND SUBMIT YOUR CONTRIBUTION! CONTACT YOUR LOCAL COMMUNITY ASSOCIATIONS INSTITUTE CHAPTER EXECUTIVE DIRECTOR:

AUSTIN

DALLAS/FT

HOW CAN YOU HELP?

Sign up for the TLAC email list

Read and share TLAC information with other HOA associates

Contribute $1 per door in your community to help raise funds for TLAC

Why

RECLAIM LOST SHORELINE TO IMPROVE PROPERTY VALUE AND ENHANCE SAFETY

Eroding shorelines decrease the size and value of your community’s property and also present a potential liability. Steep drop offs and unstable terrain around your pond can be extremely dangerous for residents, pets, landscapers and others visiting or working on the property. SOLitude’s Erosion Repair

MEMBERSHIP

Scott Leffel

College HUNKS Hauling Junk & Moving (972)977-9484 scott.leffel@chhj.com

Mr. Brandon Burnside Cornerstone (469)865-4088 brandon@crpros.net

Max Hughes Deloitte (214)824-6248 maxhughes@finleyhughes.com

Mr. Harry Gallagher, Sr. Elite Asphalt LLC (602)821-5726 chrissy@eliteasphalt.com

Mrs. Lauren Little Envision Landscape Group (972)776-2222 Lauren@envisiongrouptx.com

Mr. Don Garner NxTGen (469)759-3910 Don@nxtgenilm.com

Mrs. Chastity Cook PaulDavis Restoration of Fort Worth (682)299-5901 chastity.cook@pauldavis.com

Mr. Rafat Handawy Puroclean Of Aubrey (940)290-0900 rhandawy@puroclean.com

Mr. Booder Mcwhorter` Ratliff Hardscape, Ltd. (972)436-2508 bmcwhorter@ratliffco.com

Ms. Dana G Wood ScheduleAFoodTruck.com (817)382-6800 info@saft.services

Mr. Chad Simmons TelaTree (855)835-2873 cs.telatree@gmail.com

Mr. John Pumford

The Chase at Stonebriar Homeowners Association Inc (972)943-2855 john.michael.pumford@gmail.com

Mr. Jerry Taylor Myers

The Chase at Stonebriar Homeowners Association Inc (972)943-2855 taylormyersdg@gmail.com

Ms. Pat Spikes

Trails Homeowners Association II (214)543-7743

Ms. Linda Stack Trails Homeowners Association II (214)951-6791 lms_1948@yahoo.com

Ms. Rosalind Olson

REPORT

New Members

Westfalls Village Homeowners’ Association, Inc. (925)939-9933 rolson@angius-terry.com

Ms. Paula Fouse

Willow Falls Homeowners Association, Inc.

Kimberley L Ezzerai Basswood Village HOA (817)475-9989 kimberleyezzerai@att.net

Mr. Matthew Gassen

HOA Capital (952)836-9593 mgassen@hoacapital.com

Mr. Joseph Rodriguez

The Urban Foresters (832)731-6531 joseph@theurbanforesters.com

Ms. Kelly Gibson AvidXchange (713)574-1111 kgibson@avidxchange.com

Mr. Evan Segler

GAF Roofing Material Manufacturer (804)248-9763 evan.Segler@gaf.com

Mr. Rob Buffington, CMCA Gordian Staffing (989)467-3426 conferences@gordianstaffing.com

Ms. Cathi Sleight, CMCA Vote HOA Now (503)420-8663 cathi@votehoanow.com

Ms. Ginger Townley, CPM CCIM Townley Management, Inc. (254)855-4908 ginger@paramountrealtytx.com

Mr. Nick Alvarez (972)375-4919 n.alvarez@sbbmanagement.com

Mrs. Courtney Kay Compton (817)825-1966 ccompton@triwestenterprises.net

Mrs. Lindsay Ann Dunn (817)458-2610 Lindsaydunn05@gmail.com

Mr. Caleb Frazier (214)397-4100 caleb.frazier@whotels.com

Miss Teri Liane Jones (575)554-8000 terithomasson@yahoo.com

Mrs. Maria Isidrita Motta (619)569-9437 mariaQmotta7@gmail.com

Mr. Louie Ruiz (214)907-2194 lruiz@pmpmanage.com

Mr. Al John Silva (972)428-2030 (7346) al@essexhoa.com

Ms. Carolynn Garrison Associa (972)661-4413 CGarrison@associaonline.com

Dr. Bryan C. Hughes, CMCA, AMS Associa (206)229-3568 bryan.hughes@associaonline.com

Ms. Maria Alejandra Quiceno Associa Client Shared Services Center (929)337-4780 Maria.Quiceno@associa.us

Ms. Jennifer L Bruington Mclarry Assured Management, Inc. (682)300-6829 jbruington@assuredmanagement.com

Ms. Katie Allen CCMC - TX (469)246-3500 katallen@ccmcnet.com

Ms. Erica McClelland CCMC - TX (214)218-2391 emcclelland@ccmcnet.com

Mr. Tim Wolfe CCMC - TX (469)362-9000 twolfe@ccmcnet.com

Ms. Maycon Braga FirstService Residential (617)678-5782 maycon.braga@fsresidential.com

Mrs. Cheyenna Renee Tellez PMG North-Richland Hills (214)368-4030 ctellez@principal-mgmt.com

Ms. Lauren Delarosa PMP Management (661)295-4900 ldelarosa@pmpmanage.com

Mrs. Mercedes Albarracin

Principal Management Group of North Texas (214)368-4030 malbarracin@principal-mgmt.com

Mr. Gary Hawthorne

Principal Management Group of North Texas (214)368-4030 ghawthorne@principal-mgmt.com

Ms. Shonda Lloyd

Principal Management Group of North Texas (214)368-4030 slloyd@principal-mgmt.com

Mr. Gaige Lowden Principal Management Group of North Texas (214)368-4030 glowden@principal-mgmt.com

Ms. Kristine Pyka

Principal Management Group of North Texas (817)451-7300 kpyka@principal-mgmt.com

Mr. Daniel Reinhold

Principal Management Group of North Texas (214)368-4030 dreinhold@principal-mgmt.com

Ms. Tracie Lynn Smith

Principal Management Group of North Texas (469)395-9338 Tsmith@principal-mgnt.com

Ms. Amanda Causey RealManage (866)403-1588 amanda.causey@realmanage.com

Ms. Araceli Barcenas

SBB Community Management (214)317-5025 araceli002@icloud.com

Mr. Robert Kennehan

SBB Community Management (972)895-2009 r.kennehan@sbbmanagement.com

Ms. Brianca Marie Orr

SBB Community Management (817)729-0033 briancaorr88@gmail.com

Ms. Roxanne Varela

SBB Community Management (469)362-0580 r.varela@sbbmanagement.com

Mrs. Heather Smith SBB Management (903)933-9649 heather@legacysouthwestpm.com

Mr. Chase Phillips

Texas Star Community Management, LLC (469)899-1000 (153) cphillips@tscmanagement.com

Mrs. Sondra Lee Mcneil VCM, Inc. (972)310-5831 sondramcneil3@gmail.com

Mr. Brent Charles Benoit Worth Ross Management (214)522-5890 brent@worthross.com

Renewed Members Rejoined Members

Mr. Jim LaRue

Mr. Bob Owens

Mr. Scott A. Young

Mr. Richard Lack

Ms. Janet Stern

Mr. Jd Fuler

Mr. Judd A. Austin, Esq.

Mrs. Kim Holmes

Ms. Pallavi Raj Mr. Daniel Longacre

Mr. Scott Wood

Mr. Casey Meyers

Mr. Richard Leach

Mr. Jamey Mauldin

Mr. Dean A. Riddle, Esq. Ms. Meagan Hockett

Mr. Evan Wilson

Mr. William Rathburn

Mrs. Katherine Jameson

Mr. James Sowder

Ms. Amelia Duckworth

Ms. Jennifer Hernandez

Mr. Kenny Barnes

Mr. Allen Basham

Mr. Brandon Gladney

Mr. David Allen Lacy

Mrs. Sandra Miller

Ms. Linda Brown

Mr. Dave Humphry

Ms. Nancy McDowell

Mr. Dave Rodrigues

Ms. Judy Haven

Mr. David Levey

Mr. William Stewart Powell

Ms. Myra L Baugh

Mr. Robert Dallhoff

Mr. Robert Francis Gallagher

Mr. Roy Pochyla

Mr. Al Stroud

Mr. Mark Garcia

Mr. Eric Griggs

Mr. Brad Marshall

Ms. Stephanie Morgan

Mr. Robert Ty Taylor

Ms. Beth Fairbrother

Mrs. Lisa Sutliff

Mr. Andrew Creamer

Mr. Mat Syner

Ms. Brie Shouppe

Ms. Danita Glenn, Esq.

Mr. Jeremy Newman

Mr. Denton Novak

Mr. Bill White

Mrs. Leah K. Burton, Esq.

Mr. Jared Baker

Mr. Andrew Babbitt, CMCA, AMS, PCAM

Mr. James F. Hallas

Ms. Meg Rohrt, CMCA, PCAM

Mrs. Laurie Knight Tinsley, CMCA, AMS, PCAM

Mr. John Tarlton, CMCA, AMS, PCAM

Ms. Beverly Coghlan, CMCA, AMS, PCAM

Mr. Mark Southall, AMS, PCAM

Ms. Vanessa Burch, CMCA, AMS, PCAM

Mrs. Marlo Ann Kelley, CMCA, AMS Mrs. Brenda B Hawkins, CMCA

Ms. Crystal Cady, CMCA

Mr. John Joseph Carona, CMCA, PCAM

Ms. Melissa Chestnut, CMCA, AMS

Mr. Tony Diaz, III, CMCA, AMS

Mr. Rich Faires

Ms. Suzanne Frish, CMCA, AMS

Mr. James L Hitt, CMCA

Ms. Amy Tores, CMCA, AMS, PCAM

Mrs. Celeste Cavin

Mr. Chase Gschwend, CMCA

Mrs. Robyn A Gschwend, CMCA

Mrs. Nicole Zaitoon

Ms. Jennifer Elswick, CMCA, AMS, PCAM

Ms. Lisa Kay O’Neill, AMS, PCAM

Mr. Alex Maxwell, CMCA, AMS

Miss Nicole Lee Carciofini, CMCA, AMS, PCAM

Ms. Crystal Avendano, CMCA, AMS

Ms. Carlyle Bourland

Ms. Monique Shivers

Ms. Kendall Abbott, CMCA, AMS

Ms. Leslie Gamel

Ms. Susan Ward-Freeman

Miss Staci Danielle Wilson

Ms. Reina Jeanne Zuckerman, CMCA, AMS

Mr. David Beebe

Mr. John Holcomb Mrs. Suzanne M. Smith, CMCA, AMS Ms. Danielle Lascalere, CMCA, AMS Ms. Jennifer Kaye Barnes

Ms. Heather Glover

Ms. Josephine Johnson, CMCA, AMS, PCAM Mr. Orlando Montes

Ms. Joy L. Maxfield, CMCA, AMS, PCAM Mr. Christian Smith, CMCA Mr. Brian Schoolcraft, CMCA, AMS Mr. Robert Walter Clark, III, CMCA, AMS Mrs. Tiffany Dessaints, CMCA, AMS, PCAM Mr. Greg Farkas, CMCA Mr. Brandon Gray Mrs. Jennifer Harper, CMCA, AMS, PCAM Mrs. Jordan Monroe, CMCA Mr. Hermanus Andre Scholtz Ms. Chelsea Chambo, CMCA, AMS Mr. Curtis Scott Henry Mrs. Kim R. Henry, CMCA Ms. Jamie Lee Jakubowski, CMCA, AMS

Mr. David Meyer, CMCA, AMS Mrs. Aleah Miles

Mrs. Elizabeth D. Owens, CMCA Mr. Dustin Alan Robinson, CMCA, AMS, PCAM Ms. Vanessa Burch, CMCA, AMS, PCAM Mr. Craig Lengyel

Mr. Israel Munoz, CMCA, AMS Mrs. Tracie Ross

Mrs. Suzanne Henry

Ms. Tracy Ellen Wolin, CMCA, AMS, PCAM Ms. Gail Dwight, CMCA, AMS Ms. Cindy Rademacher, CMCA, AMS

Mr. Derek Jay Adam, CMCA, AMS

Mr. William C. DeVane, CMCA, AMS, PCAM Ms. Alice Jo McKinsey, CMCA, AMS Mrs. Mallory Nombrano, CMCA, AMS Mrs. Michelle Sanders Ms. Sherri Schmoekel, PCAM

Mrs. Marbella “Addy” Torres

Mr. Kelly Conley

Mr. Steve Adam Byrd, Jr.

Ms. Whitney De la cruz

Mr. Ellis Little

Mrs. Veronica Luna

Mr. Bryan Burgess

Ms. Pam S Pinzone

Ms. Gloria C Black, CMCA, AMS

Ms. Tracy Deann Johnstone

Ms. Sonya E Mokry, CMCA, AMS, PCAM

Mr. Chris Broach, CMCA, AMS, PCAM

Ms. Krystal Onuorji

Mrs. Dedie Salisbury, CMCA

Ms. Melissa Ann Howell

Ms. Gwen Lancaster

Mr. Kevin C. McDonald, CMCA, AMS

Ms. Marnie Moore

Ms. Valarie Sharrow

Mrs. Prane Kerley, CMCA

Mr. Barry Jones, CMCA, AMS

Mr. Fines Oliver Roberts, CMCA, AMS

New Designations

Congratulations to our fellow CAI members who achieved new designations!

Mrs. Melissa Ann Brooks, CMCA, AMS AMS 4/8/22

Junction Property Management

AAMC 5/19/22

Ms. San Juanita Prieto, CMCA, AMS AMS 6/28/22

Mrs. Jeannie Marie Harvey, CMCA, AMS AMS 6/28/22

Ms. Marty Whitaker, CMCA, AMS AMS 6/28/22

Mr. Robert Bell, CMCA, AMS AMS 7/19/22

Mrs. Lesa J Perry, CMCA CMCA 7/22/22

Mrs. Jennifer L. Anderson, CMCA CMCA 4/12/22

Ms. Crystal Cady, CMCA CMCA 7/22/22

Ms. Deitra Walter, CMCA CMCA 4/22/22

Ms. Caroline Perry, CMCA CMCA 7/22/22

Mr. Jason Tanner Blair, CMCA CMCA 6/2/22

***Certified Manager of Community Associations (CMCA®)

From CAMICB - “As a CMCA®, you have shown a commitment to your profession by staying informed about current community association issues and holding yourself to a high standard of professional conduct.”

***Association Management Specialist (AMS®)

The second level in the career development track for community association managers.

The AMS® designation demonstrates a higher level of commitment to your career and the community association industry. An AMS® designation is recommended for managers who want to enhance their career opportunities by increasing their knowledge and expertise.

***Professional Community Association Manager (PCAM®)

The pinnacle of community association management. The PCAM designation is the highest professional recognition available nationwide to managers who specialize in community association management. Earn your PCAM and join the elite—the select—the best.

Recommended for experienced managers who want to demonstrate advanced skills and knowledge and who wish to be recognized as one of the best and most experienced managers in the nation.

***Reserve Specialist (RS®)

Community associations rely on qualified reserve specialists to assist them in extensive reserve planning to keep their communities running smoothly. Gain the confidence of board members by obtaining the Reserve Specialist® (RS®) designation.

The RS designation is awarded to qualified reserve specialists who, through years of specialized experience, can help ensure that community associations prepare their reserve budget as accurately as possible.