Community Contact | Spring 2023

CONTACT

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

2023 BOARD OF DIRECTORS

President

Joe Veach

Globus Construction Group jveach@globusmanage.com

President-Elect

Olivia Hurtado, CMCA First Citizens Bank olivia.hurtado@cit.com

Vice President

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

Treasurer

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

Director

Leah K. Burton, Esq. Steptoe & Johnson, PLLC leah.burton@steptoe-johnson.com

Director

Madan Goyal West Park Homeowners Association goyaltexan@hotmail.com

Director

Mark Norton, AMS, PCAM Insight Association Management, Co. AAMC mnorton@insightam.com

Immediate Past President

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

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

Lone Star Fountains offers the largest selection of fountain and aeration products and services in the DFW area

Lone Star Fountains began in 1997 and quickly became the premier provider for fountain sales and service in North Texas. We sell and represent all major fountain manufacturers, including Aqua Control, Aqua Master, Airmax, Kasco Marine and Solar. We are the world’s largest Aqua Control distributor.

Our mission is to provide our clients with long lasting, quality products that are both functional and beautiful.

Our services focus on customer solutions that will give you the greatest return on your investment and time, and they include:

• Fountain and Aeration Installation

• Waterfall Pump Sales and Installation

• Solar and Wind Aeration Products

Lone Star Fountains

• Fountain and Water Aeration Preventive Maintenance Programs

• Troubleshooting and Repair Services for All Brands

• Maintains a facility solely dedicated to fountain and aeration services and repairs

• Is the only factory-certified service center for ALL major brands

• All fountain technicians are highly trained and factory certified by ALL major brands

• 3 service trucks fully stocked with parts to repair on site

• 1 full-time shop technician

• Fastest repair response time

• Carries Professional Liability and Worker’s Comp Insurance

THANK YOU TO OUR 2023 SUPER SPONSORS

DIAMOND SPONSORS

Alliance Association Bank

CCMC

Clients First Landscape Solutions

RTI/Community Management Associates, Inc.

“CMA”, AAMC

First Citizens Bank

Insight Association Management, AAMC

Kerrane Storz, PC

McKenzie Mena, LLP

Neighborhood Management, Inc., AAMC

Roberts Markel Weinberg Butler Hailey, PC

RTC Restoration & Glass, Inc.

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

Shepperd Construction

Steptoe & Johnson, PLLC

Vensure Group

PLATINUM SPONSORS

Advanced Association Management

Association Insurance Partners

Brightview Landscape Services

Cardinal Strategies

Five Star Pools

Globus Construction Group

Kilowatt Partners

Robert’s Pool Service

Scarbrough, Medlin & Associates

Timothy, DeVolt & Company, P.C.

GOLD SPONSORS

Action Property Management

Henry Oddo Austin & Fletcher, P.C.

Horizon Emergency Services

Koper Outdoor

Pacific Western Bank

The Playwell Group

Popular Association Banking

SOLitude Lake Management

Symphony Risk Solutions, LLC

Truist Association Services

Yellowstone Landscape Services

Ambassadors of Fun

Haley Dixon and Joeline Simien

Community Affairs

Deena Still

Expo

Jenna Abernathy & Deena Still

Gala

Mark Norton, AMS, PCAM

Golf Tournament

David Garrett and Andy Babbitt, CMCA, AMS, PCAM

High Rise Managers Forum

Christopher Glennon and Jenifer Reider

SILVER SPONSORS

Association Reserves - Texas

Bob Owens Electric Co., Inc.

Castle Group

Classic Construction & Restoration

Landscape Professionals of Texas

Master Systems Courts

PMP Management - Texas

Riddle & Williams, PC

BRONZE SPONSORS

Allegra Marketing Print Mail

Charles Taylor Engineering Technical Services

Kraftsman Commercial Playgrounds and Waterparks

Next Door Painting

RealManage

Reconstruction Experts

Reserve Advisors, LLC

Texas Disaster Restoration

EDUCATION SPONSORS

ARSM (Advanced Roofing & Sheet Metal)

Cavalry Construction

CTB Multifamily Services

Randolph-Brooks Federal Credit Union

Winstead PC

who are a part of all four CAI Texas Chapters.

Legal Forum

Kate Kilanowski

Magazine

Tracy Wolin, CMCA, AMS, PCAM and Katy Hutchison

Membership

Cindy Martin, CMCA, AMS, PCAM

Programming

Deena Still and Jamie Patterson, CMCA, AMS

Sporting Clays

Scott Sieck

This “Deep In The Heart of Texas” logo recognizes our Business Partners

2023 DFW CAI COMMITTEES

Adam Pugh

Trends in Community Security Technology

by Nathan Varn www.EnveraSystems.com.

We hear and see the word ‘remote’ frequently; often in relation to employment or other services. Community security is not an exception. In fact, the need for remote security at communities has only accelerated throughout the past decade. This is in large part because of cultural and environmental shifts, but simultaneously, there have been vast technological advancements that are presenting communities with more cost-efficient and effective methods.

How does a community employ remote security systems? What does that actually mean? On the surface, it means connecting equipment at a community’s location to a provider’s operations center, an agent (or group of agents), and/or a team servicing the site. This connection is generally accomplished through two primary components – power and internet. From there, how the area is truly secured remotely depends mostly on what that location is.

It could be a gated neighborhood entrance intending to prevent unauthorized vehicles form entering. It might be a pedestrian gate or door that should only open for those with appropriate access. Or it might be a community pool, clubhouse, or Pickleball court that is susceptible to trespassers and vandalism when closed. Twenty years ago, it may have seemed that an on-site security presence would be needed in these areas, but today’s remote security systems give many communities more options.

Gated communities tend to have two versions of gated entry points for vehicles. There is a point for visitor entry and a separate point for resident entry. For visitors, a gated community must employ a type of visitor management system. Anyone recognizes a call-box or guard inside of a guardhouse, but more recently, remote guarding is providing associations with a visitor management solution that combines technology with human interaction.

Remote guarding at a gate, sometimes referred to as virtual guarding, allows a trained agent or guard located at a different location to greet visitors arriving at a gated visitor entrance. Typically through a camera, or series of cameras, and two-way voice capabilities, the remote person is able to see and speak with a visitor for processing or screening. If this is a new concept to you, then you should also know that this trend has already advanced.

Technology-based systems today, for gated communities, often include features to expedite entry for approved visitors or vendors. The most common features are license plate verification, ID verification, or QR code verification; any option that provides instant verification for a visitor or vendor that is already known and approved by a community. For those that are not automatically verified, there is still that remote connection to a real person.

Other community areas that are updating to remote solutions include amenities. The costs and frustrations typically associated with damage to community assets can be burdensome for property managers, board members, and residents. While access control methods and video surveillance have been and are frequently used, more associations are looking at trends to have remote, proactive protection.

When a video surveillance system is connected to a center for monitoring, it can become an active and preventative solution. This type of remote system often includes a smart camera (or multiple cameras) that are programmed to identify after-hours activity at a location. When triggered, an alarm is sent to a remote center or person to view the amenity and confirm if trespassing is taking place in real-time. If the system includes a two-way voice component, that person can also speak with the trespassers to inform them that the area is closed and actively being watched. It takes standard video surveillance to an advanced level, and provides communities with the ability to respond to incidents before damage occurs. Depending on a community’s size, design, and other needs, there are many other forms of remote security systems. It’s not always the system that a community needs though, but rather the solution or service that remote providers have the ability to provide. For example, database management or video retrieval; everyday tasks that can be time-consuming and daunting to property managers or other community members with various other responsibilities.

Trends in technology and for community security will continue to evolve, and they will in every industry. While it is imperative to take this into account when a system has truly become antiquated or reached its end-of life, it’s more important to note that remote solutions and advancements are providing associations with new opportunities to cost-effectively secure their property. For some, that may not have been an option previously, and for all, new methods can improve the community value and quality of life in the neighborhood.

Nathan Varn is the vice president of sales and marketing for Envera Systems. He manages the sales, sales support, marketing, and account management teams while working closely with all of Envera’s departments to provide information, education, and best-in-class service for the communities that Envera secures. Envera Systems is an all-inclusive security provider that focuses on the unique needs of communities through technology-based solutions. Using trained virtual guards, Envera is able to verify visitors at entrances, monitor video, manage community databases, and more. Contact info: (855) 380-1274 or www.EnveraSystems.com.

This is Why You Need an Irrigation System

by Dustin Cotten Brightview

Here’s a bit of trivia. What resource can improve the health and appearance of your landscape, save you time and money, and helps reduce weeds, pests, plant diseases and fungi? Surprise—it’s an irrigation system. This landscape superhero can make all the difference for your property. If you don’t yet have one, here’s what to consider.

Irrigation systems provide vibrant landscapes that receive the exact amount of water needed to flourish.

These Aren’t Your Grandma’s Sprinklers

You might be envisioning the irrigation systems of old—large, unsightly sprinklers that detract from the appearance of your landscape. But irrigation systems have come a long way, and today’s systems are only visible when in use, or in the case of drip irrigation, not visible at all. Plus, today’s technology includes smart, cloud-enabled solutions that can automatically adjust irrigation based on your local conditions.

Irrigation Boosts Your Property Value

Having an irrigation system makes your property more valuable all around. The upgrade is a major selling point to potential buyers should you be in the market to sell. It’s also an attractive feature for conservation-minded tenants who will appreciate the watersaving benefit. And finally, an irrigation system can help you maintain consistent curb appeal, especially during the heat of the summer months when dry soil can lead to bald spots in your lawn and stressed plants that are more vulnerable to pests and disease.

Convenient & Cost-Effective

Sure, you could drag around a hose and hand water as needed, but that’s ineffective for a number of reasons. Aside from being a time-consuming, clunky process, hand watering is prone to user error. Are you overwatering? Underwatering? It’s hard to know, especially since different plants have different water needs.

This is where an irrigation system excels. With today’s smart technology, your system can be set to run at the optimum cadence, time of day, and duration for your landscape. Rain sensors can turn off your system to save you money during a storm. Soil sensors monitor the moisture level in your soil and adjust watering as needed. There are even flow sensors that can alert you to unusually high or low water usage and turn off your system if a leak is detected. And best of all, WIFI-enabled controllers make it easy for you or your landscape partner to manage your system from anywhere.

Totally Customizable

Today’s irrigation systems can be configured a number of ways, making them tailor-fit for your property. This further allows for cost savings by reducing run-off, maximizing performance and ensuring you don’t pay for features or equipment you don’t need. When designing your irrigation system, your landscape partner will consider factors like drainage, slopes, hills, and your specific plant material. For example, they might recommend drip irrigation for its ability to deliver targeted amounts of water close to the soil.

How to Make the Leap

When you’re ready to install a system, enlist a licensed and insured landscape partner, like BrightView, with irrigation specialists on staff. They’ll carefully explain the technology to help you make the best choice for your property. They’ll also discuss ongoing management of your system to adjust configuration as needed and devise a plan that work with your preferences, such as remote management capabilities, in-house management, or management by your landscape partner.

Finally, and perhaps most importantly, don’t forget to arrange for regular maintenance and inspection once your irrigation is installed. Your landscape partner will recommend appropriate intervals for this service based on your system and may also recommend winterization based on your region. Regular maintenance is crucial

to prevent issues that could require costly repairs down the line and to keep your system running in peak efficiency. It’s a simple way to protect your investment and ensure it continues to deliver benefits for years to come.

Dustin Cotten

Business Developer (Dallas North) C: (214)843-3829

Dustin.Cotten@brightview.com

In Memoriam…

Cynthia Lynn Long

(April 25, 1960 - February 16, 2023)

Cyndy Long truly lived a life of service, never missing an opportunity to give to those who need it most. She cherished time with friends and family, never missed an opportunity to feed them, and threw the most delightful tea parties. She was a gift to everyone she came in contact with and loved making people smile. We know this is exactly how she would want us to remember her.

DFW CAI – Feed My Starving Children Recap

Thursday, February 23, 2023

We had almost 70 volunteers show to pack “manna packs” at Feed My Starving Children for our Spring Service Project. Feed My Starving Children (FMSC) believes hope starts with food. FMSC works with food distribution partners that stay with communities for the long haul, empowering them to move from relief to development.

FMSC meals (MannaPacks) are developed by food science and nutrition professionals to supplement nutritional needs and reduce problems with malnutrition. Nutrition allows children to grow, thrive and develop to their full potential!

During our 1.75 hour shift, our volunteer group packed 132 boxes (28,512 meals) which equates to 78 children fed for a full year!

Winners

Support Staff of the Year | Barbara Smith | SBB Community Management, AAMC

“Barbara is the very spirit of Sendera and SBB. It is impossible to have a conversation with a staff member, board member, or homeowner who does not smile when they hear the name Barbara Smith and Sendera. Everyone who walks into the Sendera Ranch onsite office is greeted with a smile and often times a friendly hug from their friend Mrs. Barbara. That is the type of person that she is. She’s a joy to work with and continually offers a word of encouragement.”

Support Staff of the Year | Leslie Willis | Goodwin & Company

“As Compliance Drivers we see many different types of homeowners, board members, and even tenants, Leslie still speaks to everyone the same and has done this while in my department for the last 3 years. With all the chaos that goes on in Communities for Compliance Drivers she is still able and willing to put on a friendly smile… She has a heart bigger than the award she has been nominated for.”

Newcomer Managers of the Year | Eva Apelian | CCMC

“Eva stepped into a challenging new role in an ever-changing industry, determined to grow a healthy and engaged team, deliver high service standards, and continue improving community dynamics. She was undaunted by the unknown and simply focused on why she joined CCMC. Eva explains, ‘I have always enjoyed helping people in some way, which is why I knew I would be fulfilled working for CCMC, whose mission is to build community and bring people together. I also knew CCMC would allow me to grow professionally and take on new challenges.”

Newcomer Managers of the Year | Karl Fukuda, Jr. | SBB Community Management, AAMC

“Karl has an infectious personality. He is warm, approachable, and while he takes his job seriously, he injects fun and humor into the office environment. He extends that warmth to his co-workers, clients, and business partners. He volunteers for in-house projects, works in-house volunteer events, and has become a go-to person for questions about the management software. Karl has shown the level of dedication, professionalism, community, service, and leadership that managers aspire to, communities deserve, and management companies want in their team members.”

Volunteer of the Year | Jena Abernathy | Cagle Pugh

“Jena is always willing to step in and help at a moment’s notice and is shining a positive light on the industry. She has always been the first to volunteer to help set up, take down, or do the dirty jobs. She has shown up to the trade show to not only set up her booth but stayed for hours to pack bags for the attendees and took charge of helping with the speakers and anything else needed during the event. The industry in a whole only tends to only be seen for the bad but she is helping the industry in DFW and Texas to be seen in a positive light.”

Lifestyle Director of the Year | Ryan Alexander | CCMC

“Ryan was fearless in taking traditional programs like the Halloween Trunk or Treat and Fall Festival and combining them to create a new program like Haunted Heartland. By making these subtle changes, he increased the attendance to over 1,000. He made sure to have something for every age group, including Tiny Terror Town and a Monster Mash Music zone. Ryan isn’t afraid to push the envelope on community programming and try something new to get a laugh.”

Community Spirit | Spring Ridge HOA | Block Party & Fire Victims Benefit

“On the heels of tragedy, the Spring Ridge community, and many other residents of Balch Springs Texas Rallied together to turn their previously planned Block Party, into a donation platform helping out neighbors affected by fire. In the heat of the summer after 9 homes burned down and twenty-six total were damaged by a grass fire, members of the community rallied together to help provide donations and comfort. Spring Ridge deserves the award for Community Spirit this year, as they illustrate the true meaning of community and what being a good neighbor is all about!”

Community of the Year (There is no category 3)

Category

Business Partner of the Year | Alliance Association Bank

Alliance Association Bank has been a huge supporter of our chapter for many years. Wendy Hazelwood (our local chapter rep) is very involved with a number of committees and always makes a point to attend every committee meeting. She also serves on our LAC and is happy to step up and make announcements, and request donations during every luncheon. Wendy does all of this while also supporting the Heartland chapter of CAI. I believe her company - Alliance Association Bank - gives her the freedom to support our chapter the way she does, and that’s why they deserve to be Business Partner of the year.”

Management Company of the Year | Goodwin & Company

“Our property has done business with several management companies in the DFW area over the years and have found Goodwin & Company to be the leader in this Industry. From their accounting services, vendor relations, customer service, property managers and leadership at the top, they have out-performed in every area of our association’s expectations. What makes them a cut above everyone else is when an issue arises, they address it promptly and have a solution in place at a record pace. The bonus is that Goodwin and company then makes proactive changes to not have the same issue again.”

Community Manager of the Year | Marty Whitaker, CMCA, AMS

“Marty Whitaker has been a driving force for success and a valued team member of CCMC for the better part of a decade, while most recently performing as Community Manager of the Villages of Frisco Lakes, a master-planned Del Webb community in the heart of Frisco, Texas.

Marty is instrumental to the Board’s success at the Villages of Frisco Lakes and has worked hard to build a strong relationship with her Board, her residents, her team, and the overall operations of CCMC at Frisco Lakes.”

1 | Clear Springs Place Category 2 | Preserve at Pecan Creek Category 4/5 | Two Sunset Pointe

January, February, March

Meeting Follow - Ups

In January, we were joined by Leah K. Burton, Esq. of Steptoe & Johnson, PLLC where she presented on the important topic of “Tackling Mental Health Issues in community Associations.”

Leah K. Burton is a Member of Steptoe & Johnson PLLC’s Dallas Office, and currently serving on the DFW CAI Chapter Board of Directors. She serves as general counsel to property owners’ associations, including but not limited to single-family communities, masterplanned developments, condominium regimes and cooperatives in all aspects of corporate governance, including governing document creation, amendment and interpretation, contract review, collection of delinquent assessments, restrictive covenant enforcement, alternative dispute resolution and federal and state law compliance.

In February, we hosted our first breakfast meeting of the year, where we hosted a panel style presentation featuring some of our local chapter business partners. David Brantley (Southern Botanical) and Wes Rivers (Treenewal, LLC) teamed up to discuss “Why Being Proactive Instead of Reactive is the Most Cost-Effective Path for HOA Tree Management.” Their presentation led to a lively question and answer session that really engaged attendees. We are excited to continue offering this breakfast meeting and will host a similar format later this year in June and September.

And in March, we were joined by Russ Riddle - “Anomaly At Law!” His presentation focused on the topic of “Magnetic Communication” and made people ask themselves – “Am I Attracting, or Repelling my Audience?” His unique combination of humor and talent was well-received by our audience, and was a great way to wrap up our first quarter of education.

Managing Risks Associated with Data Security, Cyber Space, Technology and the Internet of things: Can’t Live with Evolving Technology and can’t live without it

by Joel W. Meskin, Esq., CIRMS, MLIS, CCAL Fellow, Managing Director, McGowan Program Administrators

Joel Meskin © 2023

Introduction

A few things that everyone can agree upon is that the Internet of Things (“IoT”), Cyber Liability, Data Breach, Cyber Crime and Technology are touching everyone’s life, both positively and negatively. Most people agree that all their devices, systems including the required software and hardware are expanding, changing and growing faster than any of us can keep up with or understand. Most everyone communicates using smart phones and/or other smart devices. More and more, new homes are built as smart homes or existing homes are transitioned into smart homes. Many of us yearn for times gone by.

Community Associations are not immune to the intended and unintended consequences of this brave new world that has been changing more and more, and faster and faster. Community Association Boards, Community Association Managers and Business Partners acknowledge the changing world and many know this while many others come from the position that why fix something that they do not perceive as broken. However, at the same time, a vast majority of the community association industry is ready to pursue the necessary elements of the requisite Risk Management of these new technologies. (see Wired, 2018 Survey of Cybersecurity in Community associations) Community Associations, whether condo, coop, Single Family HOA or other common interest development (hereafter referred collectively as “Association(s).”) are managed by boards elected by the unit owners. The key obligation of Board is to Protect, Preserve and Enhance their community association. To comply with their obligation, boards must put the interest of the association ahead of their own and those of the unit owner members. Their duty is to the “entity.”

The issues addressed here involve risk management, both insurance and non-insurance resources: (1) Proactive NonInsurance Risk Management tools to eliminate or minimize consequential damage from a cyber event, a data breach event, on-line theft, phishing, social engineering, hacking, ransomware and extortion, amongst others; and, (2) what insurance products are available and what should the policy include to proactively minimize insurance claims and covered losses and perils.

The goal of this article is to convince community association Boards, CAMs and Business Partners to put the Risk Management and insurance for these exposures toward the top of the board’s agenda. In this Brave New World, these issues are different from prior board issues. In the past, boards had

more breathing room for them to see how claims play out to determine their cost benefit level of risk. Boards, CAMs and Business Partners hear about, read about and experience potential cyber, data, technology and the IoT. As most of us know, it is far cheaper to address and fix issues sooner than later. Although the issue is not identical, the timing issue is. The board and unit owners of Champlain Towers South in Surfside Florida received an engineering report in 2018 clearly identifying the significant infra structure issues that were critical and needed to be addressed. The unit owners voted not to pursue any of the necessary work (approximately $9 million) per unit. Many of the board members at the time resigned due to the vote. Sometime approximately two years later, unit owners voted to pursue the changes which were now estimated at $16 million. Unfortunately, had they been proactive, and had they chosen not to “defer maintenance” in 2018, there may be 98 individuals still alive and a beautiful building overlooking the ocean standing. (I speculate that the fixes and improvements been completed, the unit values would have dwarfed the cost). Admonition: it is imperative that you have your insurance professional meet with your board to evaluate this issue for your association to help identify the issues and to explain the potential insurance solutions. In addition, you should have a similar meeting with your CAM(s) to discuss a strategy for noninsurance protected matters.

Associations hear about all the cyber, data, IoT and Technology issues every day but do not see them occurring in community associations. First, earlier this year there was a Ransomware attack in a high-rise Boston association. I do not have permission to disclose that insured, but I bet you good money that they were happy to obtain the Cyber Liability/Data Breach coverage. Associations are living with a false sense of security. Hackers and cyber criminals no longer only look to large targets. Rather, they are looking at small and soft targets who may not result in a large hit, but are simple and quick hits. At the end of the day, the issue is not “if” a hack or event will occur, but “when” it will occur.

When I speak to boards and association professionals on this topic, I am often asked what can we do? Although it is a bit tongue in cheek, I advise them to remove all technology in the management of the association.

The first thing you need to do is an audit of your Association’s use of any of the following, including what exposures board members and CAMs may have on their personal or business

devices. For example, does your Association Board Members, Employees, CAMs or other business partners use any of the following in the management of the Association? Any positive answers to the following warrant cyber liability/data breach coverage.

• FOBs, key cards, remote controls

• Building automation system

• Computers

• Virtual board meetings (Zoom, WebEx, Facebook)

• Email, texting, Facebook or other social media

• Management Software

• Laptops, smart phones, or other smart devices

• Website

• On line banking

• Wire transfer capability

• Access to the internet

• Maintain applicant or unit owner applications, ESA/ADA request

• Elevators

• Security Cameras

• On line card payment capability

• Any documents/records that are save and stored after the requirement for maintaining them has expired Admonition: it is important for board members to understand that there is no board member privilege. Therefore, their personal e-mails are not protected from discovery in litigation. Do you want to have your personal devices and/or your business/work data requested in litigation? The only possible protection for this is to either eliminate all email between and amongst board members or to create an intranet type email where the BOD must log into the website BOD section and the email is shared and goes to all BOD members.

IS YOUR ASSOCIATION’S RISK MANAGEMENT PLAN PREPARED TO RESPOND TO THE FOLLOWING CLAIM SCENARIOS?

• Unit owner information being stolen by a hacker or disgruntled employee?

• An order from a governmental agency to notify current and past unit owners and tenants for whom information has been kept, but is subject to a data breach, and pay any fines or penalties? [see Mass.Gen.aws 93H, Sec. 1]. All 50 states and the DC have Data Breach Laws]

• To pay costs for credit monitoring for unit owners, tenants employees and anyone else where the Association still store personally identifiable information?

• A laptop or Thumb Drive being lost or misplaced with Unit owner information (personally identifiable information” on it?

• A hacker encrypting your computer locking it down and demanding a ransom payable in Bitcoin to unlock the computer.

• Deal with your computer being invaded by a virus and compromising your entry key cards for your building, front gate, clubhouse, elevator and/or pool?

DO YOU KNOW WHO TO CALL IF THE ASSOCIATION INCURS ANY OF THE SCENARIOS ABOVE?

• Do you know who to call if any of the scenarios listed above occur? Time is critical!

• Do you have someone to call if the computer has been compromised? Time is critical !

• Do you have access to education, webinars and proactive risk management services available for the BOD?

• Do you have someone to defend the Association against claims by governmental agencies, or civil lawsuits (at someone else’s expense)?

Tip: There is one coverage under the cyber liability/data breach policy that in and of itself is worth its weight in gold and a sufficient reason to purchase the coverage. The data breach response services materials include a number to call if any of the scenarios above occur. What is provided is a coach or claim coordinator to assist you with the claim. Most policies provides a booklet outlining the services approved and listing approved Computer Forensic Experts, Forensic Accountants, Attorneys and other principals to assist with various Claim issues within their expertise.

THE COST BENEFIT ANALYSIS OF THE STRATEGY TO MANAGE RISK OF CYBER EVENTS, DATA SECURITY AND CYBER CRIME

Community association insurance professionals (“brokers”) have been proposing cyber liability and data breach coverage for many years. Under a Cost Benefit Analysis, this is no longer an optional coverage for the BOD fiduciaries. This should be part of every association’s insurance portfolio. Board members must understand, their primary obligation is to protect the association’s assets, tangible and intangible, and should heed the professional’s advice regarding the proposed insurance. Failure to obtain this coverage can result in draconian costs. Just Goggle Cyber Liability and Data Breach claim costs.

The “cost” to obtain a cyber liability/data breach response policy is relatively inexpensive and provides a great deal of both protection and access to extensive risk management information, data breach coaches, forensic computer experts, and training videos.

The first excuse from Boards and CAMs is “cost.” Cost is actually the main concern of the majority of Boards everywhere for all insurance. The typical policy is roughly between $500 and $2,500. The following two policies in Massachusetts are $809 for a $1 MM limit, $902 for a $250K limit, $2,139 for a $500K limit, and $2,669 for a $1MM limit. The key underwriting rating factors are: (a) location, (b) limit of liability requested (c) and the Association’s annual revenue (for the purpose of or underwriting, would be the total of all assessment and special assessments in the upcoming budget year, not capital or improvement or reserve funds). The second excuse

is why do we need these coverages in the first place. Boards say: “we have not seen any claims for cyber liability or data breach in associations.” Boards say “associations are small fish, why would the hacker or cybercriminal spend his or her time on associations”? “Associations are not like Target, hospitals, law firms, insurance agencies, oil companies, large financial institutions.” What is happening is that the large targets are getting smart, significantly upgrading security measures and are doing significant training for all their employees. Hackers and cybercriminals are lazy and go for the easy score. The underwriting of these policies is not very rigorous. Sometimes the key is learning the basic sections of the policy and determine what is covered. Most BODs understand that they are insured for any type of risk, injury or damage. However, the question is, are they self-insured or insured by an insurance policy. If it is the former, the insured will have to pay any attorney fees, settlements or judgments out of its own assets. In most states, fines and penalties are not covered.

WHAT INSURANCE AND RESPONSE COVERAGE DOES THE ASSOCIATION NEED?

In the normal course, the insurance coverage purchased by Associations includes two categories of benefits, “defense” of claims, governmental proceedings and civil lawsuits, and

“indemnity” for settlements and judgments that the insured becomes liable. In addition, there is generally no coverage for fees, penalties ordered by regulatory entities or remedial measures. However, fines, penalties and remedial measures are covered to one degree or another in the cyber liability/ Data Breach Response Services policies.

CONCLUSION

The insurers that provide this coverage has videos, articles and trainings, generally at no additional cost. This does not need to be an “all or nothing” strategy. Simple things such as putting limitations on websites, requiring dual authorization to most IoT devices, and be a minimalist with respect to what you maintain.

In addition, insurance should be obtained. Below is a chart of Insurance Solutions for various risks that Associations may in fact experience and the various insurance policies that may respond. The challenge is that contrary to many other types of policies, the insurers have not developed standard terminology, or standard coverages. In addition, not all policies providing cyber liability/data breach response services are not bundled in the same way with the same coverage.

*If the Association D&O or GL policy is silent regarding alleged cyber liability wrongful acts or occurrences, there may be coverage, primarily a defense obligation.

* Some Cyber Liability/Data Breach response are including Cyber Crime

**Some court cases have found coverage available under the computer fraud portion of the Fidelity/Crime Policy.

CITY HAPPENINGS

Dallas Arboretum Cool Thursday Concert Series

April 6 – June 29 dallasarboretum.org

Frisco StrEATS Gourmet Food & Music Festival May 6 friscoraildistrictmerchants.com

AT&T Byron Nelson Golf Tournament

Richardson Wild Flower Arts & Music Festival

Charles Schwab Challenge Golf Tournament

Taste Addison

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We have dedicated our entire career to supporting Homeowner’s Associations, Property Managers and Boards of Directors in HOA reconstruction environments. Whether single family, townhomes, midrise or highrise, as a market leader in HOA Reconstruction RE has the procedures and protocols to successfully support and work in your community.

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May 22-28 charlesschwabchallenge.com

June 2-3 tasteaddisontexas.com

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• Dancing, Dancing, and more Dancing

• Mechanical Bull

• Delicious Food and Fun!

Managing Volunteer and Special Event Risks

by James Shelby, CIC, CPCU Labarre/Oksnee Insurance hoains.com

Community Associations often depend on volunteers for a variety of tasks. Volunteers may serve on committees, such as Architectural Control or Decorating. Some communities have volunteer workdays to clean up and/ or do light maintenance to the common areas. While utilizing volunteers can benefit the community, what happens if a volunteer is injured? There are some risk management and insurance options that communities should consider regarding volunteers.

Before discussing how to manage the risks of volunteer injury, the community should determine what work is appropriate for volunteers. Plumbing, electrical, roof repair and other jobs typically performed by contractors are not tasks that should be done by volunteers. In addition to the risk of serious injury to the volunteer, there is a significant risk of damage to property or injury to third parties. Some of the insurance companies for community associations exclude “construction operations”, which may eliminate coverage for property damage or bodily injury resulting from “construction” done by community volunteers. Associations may require volunteers to sign waivers acknowledging the risks of injury and stating that they will hold the association harmless for injuries suffered while volunteering. While waivers may discourage someone from pursuing legal action, they may not hold up in the event of litigation. Associations should consult their legal counsel to determine if a waiver is advisable, and if so, counsel should draft the waiver wording.

If someone is injured while volunteering, the association’s liability insurance may respond. General liability policies normally include Medical Payments coverage, which will pay medical expenses if a volunteer or other party is injured in a common area, even if the association is not liable. The coverage limit is typically $5,000, although limits of $10,000 or higher may be available. There may also be coverage for injury to volunteers under the general liability policy if the association is legally liable for the injuries and if the volunteer makes a demand for damages, subject to policy terms and conditions. Communities may not want these claims to be paid under their general liability policy, as claim activity may negatively impact the cost and availability of coverage. There are other insurance options to fund the cost of volunteer injuries. There are a few insurance companies that provide workers’ compensation coverage for community associations with no payroll or limited payroll, and they will include medical expense coverage for board members, committee members, and other volunteers authorized by the board. Communities may also purchase volunteer accident policies, which will pay medical expenses and other costs, subject to policy limits and coverage terms.

As associations look for opportunities to engage residents and build a sense of community, they may host special events. The events may range from simple picnics or movie nights to fireworks displays and parties with bounce houses or mechanical amusement rides. While insurance and risk management are often an afterthought in the planning process, they should be an integral part of event planning.

When planning an event, it would be prudent to find out if the activity is excluded from coverage under the association’s insurance policies. Activities involving mechanical rides, bounce houses, live animals, and fireworks may not be covered. Even if there is not an exclusion, the insurance company may not want to cover certain activities. There are special event policies available to cover the liability exposures special events. When selecting a policy, it is important to determine that the insurer will cover the activities planned, and that there are not any limitations that might bar coverage. These insurance programs may also include accident coverage for participants and volunteers.

Whether the event is covered by the association’s liability policy (ies) or a special event policy, the insurance company will require the community to have a written contract with vendors stating that the vendor will indemnify the community for claims resulting from claims caused, in whole or in part, by the vendor, and that the vendor will add the community as additional insured on their liability policy(ies). The association’s attorney can advise on contract language, and the attorney, along with the association’s insurance provider, can recommend appropriate insurance coverages and policy limits to require.

Some associations may consider having participants sign liability waivers for certain activities. While waivers may discourage participants from suing for damages, as with waivers for volunteers, they may not hold up in court. The association should consult legal counsel regarding the appropriateness of waivers and waiver language.

Being proactive about risk management, whether dealing with volunteers or special events, enables community managers and boards to protect their owners and community assets.

James Shelby, CIC, CPCU | TX License 1068545 Regional Account Executive | Labarre/Oksnee Insurance

Direct Phone: (657) 207-4915 | Cell Phone: (214)250-8648 jamess@hoa-insurance.com | www.hoains.com

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:

TLAC 2023 RALLY DAY RECAP

On March 1, 2023, CAI members from across the state gathered in Austin, TX to flex their political muscle. 175 members met with over 60 legislative offices, including legislators who sit on key committees relevant to community associations, to discuss their businesses, homeowners, the communities they serve, and the legislative issues that impact their livelihood. Rally Day provided participants with an opportunity to experience what it is like to be a lobbyist for a day by scheduling strategic meetings with lawmakers who rely on constituencies to support their legislative initiatives. During visits, participants presented legislative priorities, including urban farming bills, threats to POA finance, potential neighborhood wind farms, and control of common areas.

The day began with a legislative briefing and an overview of CAI’s key issues. Following the morning discussion, Texas Comptroller of Public Accounts Glenn Hegar spoke to the group about the state of the Texas economy and unprecedented

$33 billion surplus. Special thanks to TLAC’s government relations team Blackridge, whose connections not only secured Comptroller Hegar as guest speaker but opened the doors to several dozen legislative offices visited by CAI members. After spending several hours walking the marble and granite halls of the Texas Capitol, the event ended with a cocktail reception at the historic Austin Club. Rally Day was a resounding success due in part to the CAI members who took the time out of their busy schedules to advocate on behalf of community associations. Thank you to all who participated and those who rode to the event on buses from San Antonio, Houston, and Dallas.

Lastly, this event could not have been possible without the support of our event sponsors Alliance Association Bank, CIT, A Division of First Citizens Bank, Reconstruction Experts, The Porter Law Form, McKenzie Ryan & Mena, Shepperd Construction, Reserve Advisors, Inframark, RealManage, and kiloWatt Partners.

COMPLETE

PRUNING

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SEASONAL COLOR PROGRAM

HERBICIDE & PESTICIDE PROGRAMS

IRRIGATION MANAGEMENT

SNOW &

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Personal Attention. Proven Results for HOAs.

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

Assist developers with drafting governing documents

Advise boards on governance and collection issues

Assist boards in enforcing bylaws and covenants

Attend association meetings to provide explanations of the association’s rights and responsibilities, to help maintain rules of order, and to address issues of concern to members and directors

Assist boards in interpreting governing documents

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

Draft revisions to association governing documents to clarify issues of governance

Work with boards and management companies in dealing with property owners

Cost e ective and creative debt collection methods leading to revenue recovery

Active participation and support of Texas Community Association Advocates (TCAA) and Community Associations Institute (CAI)

Vinay B. Patel - Shareholder vpatel@hoaf.com

Ms. Brenda Beltran Superior LawnCare (832)275-9824 Brenda.beltran@superiorlawncare.org

Jessica Brown Cooper Zedah Management (972)595-8159 Jessica.Brown@camden-homes.com

Michael L Brown U.S. Lawns - Plano TX (850)464-0069 mike.brown@uslawns.net

Mr. Robert Q. Cano R&R Property Maintanace (214)460-6161 Robert.CanoRR@gmail.com

Kristy Cottonham Cooper Zedah Management (972)479-8899 Kristy.Cottonham@camden-homes.com

Mr. Jim Cox Ladera At Mansfield Condominium Association, Inc. (214)794-1295 laderamansfieldboard@gmail.com

Mr. Don Cryer Principal Management Group of North Texas (214)368-5718 dcryer@principal-mgmt.com

Candace Davis RTI/Community Management Associates, Inc. (972)943-2853 candacedavis@cmamanagement.com

Ms. Catherine Kellie Dickerson, CMCA Fifth Third Bank (757)339-6208 kellie.dickerson@53.com

Teresa Frey Advanced Association Management, Inc. (972)248-2286 tfrey@advancedassociationmgmt.com

Mr. Tim Giles T&M Contractors, Inc. (214)328-6401 tim.giles@tm-const.com

Mrs. Danielle Elaine Gould FirstService Residential Dallas (817)503-6929 dgould0707@gmail.com

Greg Gray Worth Ross Management (214)369-9276 greg.gray@worthross.com

Mr. Jim Griffin Bedford Estates Homeowners Association (817)456-7862 jim.griffin32@gmail.com

Demarcus Harris FirstService Residential Dallas (214)384-8139 Demarcusharris@gmail.com

New Members

Mrs. Stacey Renee Harrison, CMCA Advanced Association Management, Inc. (469)213-7768 sharrison7519@gmail.com

Ms. Maya Hayes CCMC - TX (469)246-3518 mhayes@ccmcnet.com

Mr. Bill Howard Positano Condominium Association, Inc. bill.howard.pisitano.tx@gmail.com

Jase Johnston LMI Landscapes (214)876-3655 jjohnston@lmilandscapes.com

Mrs. Prane Kerley, CMCA Proper HOA Management (972)333-7913 pkerley@properhoamanage.com

Mr. Justin David LaHue FirstService Residential Dallas (214)821-3309 justin.lahue@fsresidential.com

Adrienne Laurent (225)250-7424 adrienne.laurent@goodwintx.com

Catherine Manders Lawns of Dallas (214)357-6522 cassie@lawnsofdallas.com

Ms. Angela McCulloch-Veah The Chase at Stonebriar Homeowners Association Inc (561)414-8089 magnoliatea@aol.com

Ms. Jocelyn s. Mcelvane RealManage (469)954-5409 jocelyn.mcelvane@realmanage.com

Carol Mize Texas Hawkize Property Managment (806)368-4007 Carol@Hawkizemgmt.com

Mr. Duncan Modlin CCMC - TX (972)696-0451 dmodlin@ccmcnet.com

Mr. Emilio Montano Premier Protective Security (214)846-4887 emilio@ppsinctn.com

Jack Moore GrassPerson Lawn & Landscape (972)942-0347 jack@grassperson.com

Mrs. Devin Newman Principal Management Group of North Texas dnewman@principal-mgmt.com

Ms. Margaret B Pearce Splash Pad Pool Builder (214)971-7665 margaret.pearce@splashpadpoolbuilder.com

Mr. Matt Pena Renovia (469)597-0816 mpena@renovia.com

Mrs. Ginger Phillips Neighborhood Management, Inc. (972)359-1548 gphillips@nmitx.com

Dan Riddle Shinescapes (678)520-3405 Dan.riddle@mcs360.com

Anthony Scalia Humm Energy (972)679-4015 Scalia@hummenergy.com

Mr. Fred Shapiro, PCAM SBB Community Management (972)960-2800 f.shapiro@sbbmanagement.com

Ms. Kimberly Simonian Blue Hawk Management (972)674-3791 (106) ksimonian@bluehawkmgmt.net

Cynthia Urquidez RealManage (954)618-7042 cynt333hia@yahoo.com

Mr. Timothy Vela United Veterans Construction and Landscape Solutions, Inc (817)832-4711 tvela@uvetsolutions.com

Ms. Deitra Walter, CMCA Advanced Association Management, Inc. (940)445-4010 deitra.walter@outlook.com

Edie West West Management Services, PLLC. (469)715-7392 ewest@ediewestrealty.com

Mr. Chase Wilson Woodlake Outdoor (469)989-7801 cwilson@woodlakeoutdoor.com

Courtney Wright Thomas Stephen & Company, LLP (214)253-2046 cwright@tvscompany.com

Renewed Members Rejoined Members

Mr. Rick Abair, CMCA, AMS

Ms. Brandy Adams, CMCA, AMS

Ms. Laura Elena Aguilar, CMCA, AMS

Ms. Bonnie Ball

Mr. Zachary Adam Beasley, CMCA

Ms. Laura (Kurak) Beckelman, PCAM

Mr. Robert Bell, CMCA, AMS

Mr. Robert M. Blend, Esq.

Mr. Chris Broach, CMCA, AMS, PCAM

Mr. Andrew Brock

Mr. David Burger

Mr. Steve Adam Byrd, Jr.

Ms. Crystal Cady, CMCA

Miss Nicole Lee Carciofini, CMCA, AMS, PCAM

Mrs. Celeste Cavin

Ms. Beverly Coghlan, CMCA, AMS, PCAM

Ms. Anna Corcoran

Mr. Bill Crawford, CMCA

Ms. Betty Crudden, CMCA, AMS, PCAM

Ms. Alison E DeCarlucci, CMCA, AMS

Ms. Jennifer Elswick

Kimberley L Ezzerai

Mr. David Gaona

Mr. David Garrett

Mr. Thomas Giovannini

Mr. Brandon Gould

Mr. Colby Gschwend, CMCA, AMS

Mr. Ryan Halze

Ms. Christina Harrington

Ms. Judy Haven

Mr. Gary Hawthorne

Mr. James Webster Heck, II, CMCA, AMS, PCAM

Mr. Jeff Hilz

Mr. John Holcomb

Ms. Shelly L Hughes, CMCA

Ms. Jacque Jagger

Mr. Robert W. James

Ms. Laura Aileen Johnson

Mr. Barry Jones, CMCA, AMS

Ms. Janel Dolan Jones

Nishan Dilip Joshi

Mr. Matthew E. Keller, CMCA, AMS

Mr. John Krueger

Mrs. Suzanne LaGrange, CMCA, AMS

Mr. Jim LaRue

Mr. Richard Leach

Ms. Moniqua Ledbetter

Ms. Patricia Ledbetter, CMCA

Mr. Craig Lengyel

Mr. Gaige Lowden

Mr. Jose Maldonado

Ms. Cindy Lynn Martin, CMCA, AMS, PCAM

Mr. Stewart Masterson, CMCA

Ms. Joy L. Maxfield, CMCA, AMS, PCAM

Ms. Kristy Mccarthy

Mr. Kevin C. McDonald, CMCA, AMS

Mrs. Katy Metcalfe, CMCA, AMS

Ms. Marnie Y Moore

Tamara Moore

Mrs. Mallory Nombrano, CMCA, AMS

Mr. Chris O’Neill

Mr. William Stewart Powell

Mr. John Pumford

Mr. William Rathburn

Mrs. Linda Razzano, CMCA, AMS

Ms. Jenifer Reider

Mr. Daniel Reinhold

Mr. Chad Simmons

Mr. Dale L. Smith, CMCA, AMS

Ms. Stephanie Loraine Stewart

Ms. Rebecca Tarpley, CMCA, AMS, PCAM

Mr. Jerry Taylor Myers

Mrs. Cheyenna Renee Tellez

Mr. William Pierce Terry, Jr.

Ms. Barbara Thomas, CMCA, AMS

Ms. Betty Tobey

Ms. Virginia Howard Townley, CMCA

Mrs. Nallely Jazmin Valdez, CMCA

Ms. Katie Ward, CMCA

Ms. Susan Ward-Freeman

Ms. Kim Weir

Mrs. Andrea M. Willett, CMCA

Alyssa Camille Williams, CMCA

Mr. Ian Lanakila Williams

Mrs. Pamela Andersen-Balash, CMCA, AMS

Ms. Brook Carreker

Ms. Catherine Kellie Dickerson, CMCA

Ms. Paula Fouse

Ms. Jessica Gatlin

Ms. Michele Hernandez, CMCA, AMS

Ms. Joy Hetrick

Mr. Ronald Iscaro

Ms. Terry L. Jones

Ms. Crisandra Lee

Ms. Consuelo Lopez, CMCA, AMS

Mr. James Nelson

Mr. Brandon Norman, CMCA, AMS

Mr. Chris Panayiotou

Mr. Trevor Phillips

Mr. Rafael Rodriguez

Mr. Jim Root

Mr. Christopher Schappaugh

Mrs. Lisa Marie Sewell

Mrs. Kristina Elyese Wynn, CMCA, AMS

New Designations

Congratulations to our fellow CAI members who achieved new designations!

Mr.

Mr.

Mrs.

Mr. Shaun Poe, CMCA, AMS

Ms. Rhonda Vantassell, CMCA, AMS

***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.