CAI Fall 2014 Issue

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Insight and Education for Community Associations Community Associations Institute / Central Arizona Chapter / www.cai-az.org

Fall 2014

Technology, Social Media and HOAs

PLUS… President’s Message Community Spotlight 2014 CAI CAC Event Calendar

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Fall 2014

Community Associations Institute / Central Arizona Chapter / www.cai-az.org

Features 14

The Integration of HOA Data By John E. Kaye, AMS, CMCA

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Technology, Social Media and HOAs

Departments From the Chapter Board President ....... 4 President’s Letter

From the Chapter Executive Director.... 5

16 Social Media and

Chapter Executive Director’s Letter

Homeowners Associations

PCAM Corner ....................................... 6

By Adrianne Speas, Esq.

Engagement Technology: What’s Your Social Strategy?

18 Technology: Choosing Property Management

Community Spotlight .......................... 8

Software

Rio Verde

By Sarah Sukta

Myths & Misconceptions ................... 10

20 The Importance of Trade Names

New Members .................................... 11

and Trademarks in the Social Media Age

Welcome to the Central Arizona Chapter!

By Augustus H. Shaw IV, Esq., CCAL

CAI Events ......................................... 12

16

21 Satellites, Software and Landscaping

September Luncheon Summary Bowling Night

Annual Sponsors ............................... 26

By Scott Murray

2014 Annual Sponsors

22 Gated Communities,

Developments with Restricted Access –

How Would You Manage One Million Arrivals Annually? By Bill Fultz

Congratulations Corner ..................... 28 Calendar of Events ............................ 30 2014 CAI CAC Event Calendar

Diamond Corner ................................ 31 Showcase of Top Sponsors

Product and Service Directory .......... 32

24 Should I Change My Pool to Salt Water?

By John Stallone

While efforts to ensure accuracy are exercised, the publisher assumes no liability for the information contained in either editorial or advertising content.

25 Technology: The Only Way to Control Rising Water Costs By Jim Kauth

Valhalla Community Magazines

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For advertising and editorial information, please call Valhalla Community Magazines at (480) 634-1708.

Fall 2014

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From the president

President’s Letter

Community Associations Institute Central Arizona Chapter

By Mary Jo Edel, CAI-CAC President

2014 Board of Directors

Technology and social media are rapidly changing the fabric of the community association industry. Information comes to us more rapidly and is being distributed to larger audiences with ease. Our reach has increased exponentially, so not only do we communicate with our associations, but the general community as well. This has great impact on how and what we do in the normal course of business. Social media and technology also helps create better engagement with our clients and business partners; relationships are strengthened and reinforced as a result. With anything in life, there are positives and negatives for what we do. Utilizing and leveraging social media and technology allows us to operate our businesses and associations more cost effectively; since we are in a not-for-profit industry, this is a great benefit. Access is far greater in that information can be obtained easier and on demand, and distributed across the portfolio and association membership. This leads to more accountability and better operational efficiencies. Communication can be done on various levels reaching each of the generations that live in the associations we manage,

as this is a current challenge. Beware: there are also pitfalls when moving more to the cloud and emerging technologies. Integrity, security, storage, and disaster recovery of data is of greater importance and is changing daily with social media and newer technology. Identity theft is becoming the crime of choice, changing how we do business. What happens when there is an attack on the data we are contracted and responsible to maintain on behalf of our clients? The challenge is how do we marshal the power of social media and technology? It is not going away, so how do we move forward deploying new technologies as they emerge? Is there a greater inequality between technology-savvy companies and users to those that are not connected? For the first time in history, we can have five generations living in the same association, each using technology differently. How do we communicate and engage each? What’s next? Wearable and flyable technologies – are you ready? Mary Jo Edel CAI-CAC President

From the Editor... “The only constant is change.” This phrase (attributed to the ancient Greek philosopher Heraclitus) came to my mind while working on this issue of Community Resource, which focuses on technology. While everything changes, technology sure seems to be leading the charge, move forward at a break neck pace. In this dynamic technological environment, it is essential to stay informed. Our goal in this issue of Community Resource is to provide tips and tools to help you navigate this everevolving landscape, and to inspire you to use available resources to make your

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Chapter President Mary Jo Edel, CMCA, AMS, PCAM PMG Services 480-829-7400 x202 • maryjo@pmg-service.com Chapter President-Elect Mark Wade, CMCA, AMS, LSM, PCAM Leisure World Community Association 480-823-0003 • mwade@leisureworldarizona.com Chapter Vice-President Linda Van Gelder ALPHA Community Management 623-825-7777 • linda@alphacommunitymanagement.com Chapter Secretary Toni Rudolph First Citizens Bank 602-624-0949 • toni.rudolph@firstcitizens.com Chapter Treasurer Josh Bolen, Esq. Carpenter, Hazlewood, Delgado & Bolen, PLC 480-427-2862 • josh.bolen@carpenterhazlewood.com Chapter Directors Milan Carnes Verde Groves HOA 937-477-8652 • milancarnes@hotmail.com Lynda Erickson, PCAM 480-788-2161 • lynda.p.erickson@gmail.com Augustus Shaw, Esq., CCAL Shaw & Lines, LLC 480-456-1500 • ashaw@shawlines.com Jeff Reynolds, CMCA, AMS Messina HOA 602-549-5369 • jjreyno@gmail.com CAI Central Arizona Staff Kayte Comes Executive Director 602-388-1159 • kayte@cai-az.org Chapter Office 1625 E. Northern Ave., Ste. 201 Phoenix, AZ 85020 Tel: 602-388-1159 • Fax: 602-513-7462 info@cai-az.org • www.cai-az.org Community Resource Committee Committee Members Jessica Maceyko, Esq. Ekmark & Ekmark, LLC Jacob Marshall, CMCA CCMC

life, your business and your community better. Charles Darwin is credited with saying, “It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is most adaptable to change.” In the context of the community association industry, those communities, businesses and individuals who are able to adapt technology to further their goals will be the most successful. Jessica Maceyko, Esq., on behalf of the CAI-CAC Magazine Committee

Elaine Anghel, PCAM Tri-City Property Management Services Lindsey O’Connor, Esq. Carpenter Hazlewood Delgado & Bolen, PLC Audra Purdie Community Association Underwriters of America, Inc. Lydia Peirce Linsmeier, Esq. Shaw & Lines, LLC Sarah Sukta eUnify, Inc. John Kaye Magazine Editing Subcommittee Dawn Engel, CMCA, AMS Planned Development Services Kerry Lynn Goto, PCAM Great Boards, LLC Ursula Mancuso, CMCA, AMS PMG Services Kathe Barnes, PCAM Scottsdale Ranch Community Association


From the Director

Chapter Executive Director’s Letter By Kayte Comes, Executive Director CAI – Central Arizona Chapter

The theme for our Fall Issue is Technology and Social Media. I am sure that many of you have seen the icon below on my email and other emails that come from the Chapter office. My goal is for all members who have a smart phone to download the Chapter “app.” The idea behind it is when you are out in the field and need a particular service, you can use our mobile app and find the right business and get a hold of them instantly. Not only does the Chapter have an app but many of our annual sponsors have apps through our service provider listing, which can be seen from our app, mobile website and regular website. We have posted the icon with a reminder on our Facebook and LinkedIn page. I hope everyone takes a moment and reviews the app. I think you will find it useful and convenient.

Your community is waiting to hear from you. Speak up.

Full Color Community Magazines and Newsletters Your communication is our business.

Valhalla Community Magazines Kayte Comes Executive Director CAI-Central Arizona Chapter

C E N T R AL A R I ZO N A C H A P T E R

To see what our communication tools can do for your community, visit www.valhalla360.com or call (480) 634-1708.

THIS AD ISN’T BIG ENOUGH TO SAY MUCH. HERE’S OUR PHONE #602.437.4777

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www.cai-az.org

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PCAM C o r n e r

Engagement Technology: What’s Your Social Strategy? By Delores Ferguson & Cathy LaTona

Like every great community, great technology is designed with people in mind. As community managers, we often use technology to connect people, share information, build partnerships and (perhaps) save a few trees. From Facebook to FaceTime, today’s technology trends meet people where they are living – in a Wi-Fi world of convenience technologies and mobile devices. Is this where your community-building technology lives? If not, it may be time to reconsider your social strategy. But with so many other items on your “to do” list, it is hard to find the time to thoughtfully consider your options. Getting started is easy when you follow these simple steps. Know Your Audience Before you jump in, take some time to research and understand the demographics, interests and communication habits of your residents. Which products and organizations do they currently like and follow? What connections can you help them make? Which social sites do your neighboring communities use? A community in Tucson may, in fact, have very different habits than one in Scottsdale. Doing this research first will help you build your virtual audience faster and keep them engaged longer. Identify Your Objectives The second step to building your strategy is to clearly identify SMART objectives that are: • • • • •

Specific Measurable Achievable Realistic Time-Bound

These may be related to neighborhood engagement, gaining new partnerships, or educating homeowners. Without such objectives, it will be difficult to measure and report your success. Select Your Tools & Tactics With your audience and objectives clearly defined, it is time to select your tools and tactics. Whatever your choice, be sure you have also evaluated your resources, and can name exactly who will manage the strategy, as well as the daily administration. You will want to also create a content calendar that is scheduled along with your daily tasks.

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Analyze & Adapt (Then Adapt Again!) With the power of analytics at our fingertips, it is easy to see what is working (and what is not) with our social strategy. Make it a point to review these analytics regularly and use them to improve your results. In the ever-changing world of social media, it is critical to know and understand new tools and trends. Don’t be afraid to adapt and evolve, as your resources permit. As community managers, we must be constantly looking for new ways to integrate and leverage our communication tools. A social strategy can help us achieve this, as we aim to connect neighbors and add value to the associations in our care. What is your social strategy? Delores Ferguson is a seasoned professional with 26 years of diversified masterplanned and portfolio community management experience. She holds the Association Management Specialist (AMS), Certified Manager of Community Associations (CMCA), and Professional Community Association Manager (PCAM) designations. Cathy LaTona is currently responsible for the daily operations, community leadership and long-term planning for five Phoenix-area associations. Cathy has 27 years of industry experience managing residential properties. She holds the Certified Manager of Community Associations (CMCA) and Professional Community Association Manager (PCAM) designations.


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community spotlight

Rio Verde By Warren Allan

In 2011, Rio Verde, Arizona earned the “Green Community” Award from Audubon International, a non-profit environmental education organization. Rio Verde became the first community in Arizona, and the second private community nationally, to earn the award for its green initiatives. This award recognizes environmental achievements and is an intermediate milestone en route to earning the rigorous designation as a Certified Audubon Sustainable Community. As a private 55+ community, Rio Verde is able to purchase community products locally and contribute to the local economy. On-site dining facilities buy locally sourced food and the community maintains rows of citrus fruit trees and a local produce garden for community and public consumption. The homeowners association requires native vegetation to be used to conserve water and preserve the aesthetic and cultural character of the surrounding landscape. Demonstration Site In a cooperative effort between the Rio Verde Community Association and Rio Verde Country Club, a 10,600 sq. ft. butterfly/ hummingbird demonstration garden was created to highlight sustainability efforts in the community. This wildlife habitat and native plantings area showcases sustainable projects and practices from which residents can help with and learn. The goal is to demonstrate practical ecosystem applications with the intent that residents will be able to use these in their own backyards. The demonstration site complements the fruit tree rows, botanical garden, community center solar power project, educational initiatives, and cultural events that make Rio Verde more sustainable. Outreach and Education Partnering with regional and statewide organizations, Rio Verde has been able to host and publicize local events to educate residents about resource use, healthy living, wildlife habitat creation, landscape water reduction, and xeriscaping. Events such as the monthly Arizona State University Lecture Series, CPR training, health and wellness classes, and the biennial “Living Green in the Verdes” conference have provided important educational components to life in the community. Resource Use Rio Verde is actively taking steps to reduce water and energy use, using alternative forms of energy wherever possible, and improving water quality by addressing fertilizer and pesticide use. The Rio Verde Country Club utilizes reclaimed wastewater for irrigation, while landscaping crews use integrated pest management whenever possible. Additionally, the community center has been equipped with solar panels which provides supplemental power to the center’s building and pool area. The community encourages alternate uses

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of transportation, and emphasizes recreational opportunities, walking paths, and electric golf cart use. Citizen Engagement and Environmental Commitment To engage residents and encourage environmental commitment, the community has extensive volunteer opportunities to raise funds, provide goods, and build homes in the region. To encourage a sense of place, volunteer committees have been created to partner with neighboring communities and organizations such as the Desert Botanical Garden, the Heard Museum, Habitat for Humanity, and the McDowell Regional Park. “As the first community to receive the Audubon International “Green Community” Award in the State of Arizona, Rio Verde has demonstrated a strong commitment to the ideals of sustainability, economic vitality, environmental protection, and social responsibility,” says Joanna Nadeau, manager of the Audubon International Sustainable Communities Program. “With the surrounding natural landscape of the Tonto National Forest, McDowell Mountain Regional Park, and the Rio Verde River, Rio Verde has much to celebrate. It is a unique place filled with residents that care deeply about the place they call home.” Sal Celona, Rio Verde’s Sustainability Coordinator, highlighted the importance of this project for the community. “We are very pleased that Rio Verde is the first active 55+ adult golfing community in the country to receive such an award! Our commitment to sustainability will enhance the lifestyle of our residents and will serve to attract new residents to our community.” For more information, contact Sal Celona, Rio Verde Sustainability Coordinator Email: mpcelona@aol.com Rio Verde Resident Warren Allan serves on the Rio Verde Community Association Board of Directors and is currently the Chair the Marketing & Publicity Committee.


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?

Myths & Misconceptions

Myths and Misconceptions By Lynn Krupnik, Esq., CCAL & Elaine Anghel, CAAM, PCAM, AMS, CMCA

Myth: A record is not an association record unless it is in hard copy.

Fact: In today’s society, where such a large percentage of records are only kept electronically, at least some electronic records are likely considered part of the records of the association. The question then becomes, what is and is not an association record, and how long should an association keep certain records? Associations should establish policies as to what records they keep, and for how long. For example, does a community manager need to keep all e-mails that he or she receives? If e-mails do not relate to a specific person or matter, can they be destroyed after a certain period of time? What about text messages? Is there ever a time when a manager needs to save a text message and, if so, how is that saved? These are just a few of the considerations in establishing a records retention policy that includes electronic records of the association. Myth: An association can hold its entire election through the internet.

Fact: Although there is a continual increase in the use of technology, associations still must follow all of the requirements of the law. According to the Planned Community Act and the Condominium Act, associations must give all owners the opportunity to vote in person or by absentee ballot. Therefore, an association still must allow its members to vote in person for the election of directors. Additionally, the law requires that the notice of all meetings of the members be hand-delivered or sent prepaid by United States mail to the mailing address of each owner. Therefore, an association cannot hold its entire election through the internet. Myth: When a dissident homeowner creates a blog or a Facebook page, inviting negativity, there isn’t anything an association can do. Fact: Although an association may not have the control over shutting down the page or blog, it may be prudent for the association to address the membership, making it clear that the association does not support or back the communication and encouraging homeowners to call the association directly for information and answers to questions. Also, an association may have potential legal remedies if the statements being made are false or if there is a misuse of association material. The information contained in these Myths & Misconceptions is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel. Lynn Krupnik is an attorney with the law firm of Ekmark & Ekmark, L.L.C., where she has been practicing in the area of community association law since 1997. Ms. Krupnik is a member of the CAI College of Community Association Lawyers, and speaks and writes often on topics that affect community associations. Elaine Anghel is the Vice President of Management Services of Tri-City Property Management Services, Inc. and has been in the homeowner association industry since 1993.

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I am also a salesperson in print. I talk to the 10,000 perspective customers in Community Resource every issue. How many do you talk to? The readers are here, where is your ad?

Hello, I am an Ad. Valhalla Community Magazines

(480) 634-1708


CAI MEMBERSHIP APPLICATION New Members

Welcome to the Central Arizona Chapter!

6402 Arlington Blvd., Ste 500 • Falls Church, VA 22042 Ph: 1-888-224-4321 • Fax: 1-703-970-9558 • Online: www.caionline.org/join MEMBERSHIP CONTACT: (where materials will be sent) Name: Title: Assoc./Company: Address: City/State/Zip:

The Central Arizona Chapter proudly presents and welcomes our new members from May, June and July.

Individual Community Managers: Ms. Tracy Connolly Ms. Nancy Shelley Ms. Lisa Titmas Ms. Natasha Bell Ms. Karen S. Ashby Ms. Alejandro Vasquez Mr. Chester Garey Mr. Dennis Melgreen Ms. Kelly Diane Smith Ms. Shelby Moncada Ms. Katherine Giardina Ms. Layla Vossoughi Mr. Dave Edwards

Arizona Community Management Services, LLC Village of Oakcreek Association

CCMC Vision Community Management Westbrook Village Association

Golden Valley Property Management Sun Lakes HOA #1, Inc. Vision Community Management Westbrook Village Association

Phone: Fax: Email: Select your Chapter:

Central Arizona

Recruiter Name/Co. Name: TOTAL MEMBERSHIP DUES* Community Association Leaders & Homeowners q Individual Homeowner or Board Member $114 q 2 Member Board $200 q 3 Member Board $275 q 4 Member Board $345 q 5 Member Board $395 q 6 Member Board $445 q 7 Member Board $500 For 2-3 Board Member applications, please list the additional individuals who will receive materials. For applications exceeding three, please contact CAI Customer Care at 1-888-224-4321. Name: Address: City/State/Zip: Phone: Fax:

Business Partners: Mr. John Roper Mr. David Kirk Mr. Patrick Martinez Ms. Dana Di Nino Mr. John Jenkins Ms. Stacy Horowitz Mr. Chris Reynolds Mr. Dan Mock

Vertex Roofing, Inc. Curbnumbers.com, LLC PMG Masonry and Concrete, Inc. Service Direct Landscape, LLC The Jenkins Group, LLC AJR Public Adjusters, Inc. JDM Painting, LLC Keen Services, Inc.

Email: Name: Address: City/State/Zip: Phone: Fax: Email: Individual Managers Management Companies Business Partners q Accountant q Attorney q Builder/Developer q Insurance q Lender/Banker q Reserve Study q Supplier/Landscaper, etc. Please Specify: q Technology Provider *Membership Dues above include $15 Advocacy Support Fee PAYMENT METHOD q Check Enclosed

q VISA

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$134 $410 $580

q AMEX

Account #: Name: Signature: CENT R A L A R I ZO N A C H A P T E R

Is your membership current? Contact Kayte Comes at (602) 388-1159 or kayte@cai-az.org.

IMPORTANT TAX INFORMATION: Under the provisions of section 1070(a) of the Revenue Act passed by Congress in 12/87, please note the following. Contributions or gifts to CAI are not tax-deductible as charitable contributions for federal income tax purposes. However, they may be deductible as ordinary and necessary business expenses subject to restrictions imposed as a result of association lobbying activities. CAI estimates that the non-deductible portion of your dues is 17%. For specific guidelines concerning your particular tax situation, consult a tax professional. CAI’s Federal ID number is 23-7392984. $39 of annual membership dues is for your non-refundable subscription to Common Ground.

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CAI Ev e n t s C ENTR AL ARIZO NA C H APTER

September Luncheon Summary By John Carona, Keynote Speaker

John Carona has embraced the new American community and he will be sharing his experiences, wisdom and insights at the September 2014 CAI luncheon in Phoenix, Arizona. As a community management pioneer, Mr. Carona has embarked on the publication of his first book! In the Common Interest: Embracing the New American Community provides an overview of the history of community associations, the challenges of governing them, and ways residents can work together to make communities stronger. “I wanted to convey to our clients and our critics the positive aspects and values that make America’s community associations great,” Mr. Carona noted. Carona wrote the book and speaks at CAI seminars for the purpose of explaining the phenomenal growth of community associations and how they not only benefit local residents, but the country at large. He looks at the challenges communities generate, and the solutions that pave the way for success for all concerned. Carona also analyzes the pros and cons of neighborhood governance and provides ideas for how boards, managers, and residents can make them better. Carona’s approach is unique in that he examines community associations from three district perspectives. First – focusing on how community associations work, why people move into community associations and why such communities will continue to thrive. Second - examining the need for education, for improving performance, and for helping communities adapt to changing cultural and regulatory demands. Third - showing how community associations are taking shape around the world and providing adaptive housing for new homebuyers and for an aging population. “The best part about what community managers do is that they work to empower people to govern themselves,” said Carona. “It remains our biggest asset, and our most formidable challenge.” John Carona’s goal and the goal of his book is to provide a vision to ensure the ongoing success of community associations and provide a positive vision in an area too often plagued by unfairly negative news coverage. “Community associations reflect a fundamental American value of self-governance. I wanted to put my two-cents into protecting these values for our clients, for our industry and for our employees.” John Carona is the founder of Associa. Associa is North America’s largest community association management firm and serves its clients with local knowledge, national resources and comprehensive expertise.

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Bowling Night By Jenifer Meyers

CAI-CAC’s 2014 Bowling Night was held on August 15, 2014. A great time was had by everyone in this sold-out night of bowling fun! In a round-robin style bowling night, every manager got to spend time with every sponsor. Sponsors went all out to decorate and entertain at their lanes and managers had many opportunities to win raffle entries with their awesome bowling skills. A must mention event of the night was the amazing show of charity as everyone opened their wallets to buy into the 50/50 raffle to benefit the LAC. $902.00 in one dollar tickets were sold, making a prize of $452.00, and the same amount went to our LAC! WOW! Even though I am still feeling the stiffness from the bowling workout, I would like to thank everyone for coming out and making this event a huge success. Jenifer Meyers, CMCA, has been an active member of CAI~CAC for nearly 12 years and has chaired the Events Committee in the past and several events over the years. Recently, she joined the team at Goodwill Commercial Maintenance and is excited to grow with Goodwill in their dedication to CAI.


T H A N K

P R E S E N T I N G

Y O U

S P O N S O R

CAI - Central Arizona Chapter’s

2014 LEISURELY GOLF EXTRAVAGANZA November 14, 2014

CHILL OUT, UNWIND AND ENJOY A FUN DAY OF GOLF COME DRESSED IN YOUR BEST LEISURE ATTIRE!


The Integration of HOA Data By John E. Kaye, AMS, CMCA

No matter what line of work you are in, it seems like we are continually gathering, collecting, manipulating, storing and seeking information and data. We are all corporately famished for information and I think, for the most part, we do a fairly good job at both creating and accessing it when we need to.

and Home Wise, who allow users to log in and order a myriad of documentation that banks, mortgage companies and agents routinely require. Those requests are either downloaded directly to the requester or, in the case of an HOA closing, sent to the association or management company for processing.

For most of us, when it concerns the subject of HOA data control, we fall into one of two categories during the course of our day: those that are creating the data and those who are seeking the data. Recently however, I have found myself in the role of integrating data among and between two or more data sources. As an accountant, I am charged with the task of creating spreadsheets, preparing financial reports, presenting budgets, as well as the seemingly endless requests for customizing the data we house into client-specific reporting that meets the needs of board members, all of whom come from varied fields of their own.

Data integration involves the creation of a direct link between HOA accounting software with one of the above referenced outside companies that communicate with agents handling property sales. The beneficiary of this data link is the association or management agent who can now provide information such as an owner’s balance seamlessly as it uploads to the third party portal from the accounting or management software.

The process known as data integration begins to blend or connect information from one or more sources into another unassuming or seemingly unconnected source. As it relates to the field of HOA management, what exactly does this mean? Well, let me elaborate on a project that I recently completed that concerns handling and processing requests for real estate transactions commonly known as estoppels, payoff status letters that are prepared for title companies and agents when HOA unit owners sell their unit. It wasn’t too long ago when documentation for sales were prepared manually by management company staff in what now seems like a very labor-intensive and monotonous task. That role has been streamlined with companies such as Condocerts

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Here’s how it works. Once the integration link has been made (which does take someone at the management company who has familiarity with the accounting software), orders that are received from banks and agents come in with an address or unit number. That unit address is then searched and subsequently accessed once “integration” has been engaged or queried. Owners’ balances, as well as special assessment verification, association violations, and commonly requested data is then “plugged in” to the estoppel document and is sent back to the mortgage company or title agent. Once that link is made, it really begins to streamline a once somewhat laborintensive process into a modified, and succinct daily process for management. In a very different environment, I have been involved in a venture over the course of a couple of years to rate or “score” continued on page 15


the health of homeowners association and condominium associations. “Interesting”, “Inventive”, and all sorts of like phrases are usually brought forth by those who hear about this for the first time. My partners and I (all of us in one form of management or another) became increasingly aware of separate and distinct facets of management, all seemingly intended to bring about the best in each association. There was a lack of cohesion, we felt, with the association’s financial condition, insurance quality, the state of rentals, the condition of the association documents, and the overall “managing” of management. We saw a reserve study, a seemingly well positioned financial report, a well trained staff of managers, as well as other obvious signs that the association was good working order but likened it to five people in a room, all of whom spoke fluently in their own language but no one could communicate well with the others.

association into a master document that, in effect, provides a health score for each of their properties. What came forth from this was interesting. Most managers, myself included, may have looked at a recent audit to determine the “health” of the property. But what lies beneath may be something very different. The model that I created goes beyond the financial condition by integrating these other association “parts,” which, thereby, identifies areas that can positively or negatively impact the overall health. This integrated tool showed us that the end result was much greater and more useful than the sum of its parts.

While all well intended, we began to see that the association as a whole was like a series of misaligned gears; all may be in good working order but none appeared to be connecting with one another. Data integration is the process of brokering or connecting one working entity with another to create a viable and functional tool that is then used to showcase or highlight the connected entities.

We are and will continue to be asked to move in this direction as managers and professionals. We will be data movers and entity integrators that all work to promote a better association and to improve our own professional lives. The scoring process, for example, is one that exists in so many parts of our current lives but it is a process that never became successful within the world of HOA management. But, as we all find ways to utilize the data that we work so hard to gather, the integration process may evolve into one in which potential owners (buyers) rely on us to decide which HOA unit is the “best” option for them and our abilities and skills to serve our clients will become more solicited.

One of my partners is the president of a management company. I developed a series of algorithms and programming that brings in (or integrates) six distinct components of an

John E. Kaye holds an AMS and CMCA designation through CAI and has been actively working in the management of and financial reporting for homeowner associations for over 25 years.

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Social Media and Homeowners Associations By Adrianne Speas, Esq.

Social media can be a valuable communication tool for an association. However, there are also potential downsides to the use of social media. In addition, there are both legal and practical issues an association must weigh. Practical Issues Regarding Association Use of Social Media In deciding if and how to use social media, an association should first consider the goals and purposes of the association and how communication through social media could help or hurt the association in achieving its goals. If a particular form of social media carries more drawbacks than benefits, the association may want to consider another form of social media or choose not to use social media in a particular situation. One of the biggest considerations when using social media is whether to allow members or residents to contribute to the content, whether through posts or comments. The potential benefits to allowing user-contributed content are (i) giving the members and residents a forum for their questions, comments and concerns and (ii) creating a place where members and residents can connect on a neighborto-neighbor format and build a sense of community.

However, if a friendly and positive community is a goal of an association, allowing public comments or posts on the association’s website or Facebook page could detract from this goal. As many of us know, the “anonymity” of the internet emboldens many people to be more aggressive with their comments. One negative comment can start the ball rolling on a string of negative comments from other users. In addition, it is very difficult to control the content of the comments and it happens often that comments stray from the purposes and functions of the association. Furthermore, while an association may want to give residents a forum for expression, comments can become divisive if “for” and “against” groups form through posting comments on opposing sides of an issue. Additionally, allowing members and residents to post complaints on an association’s website and/or Facebook page could cause a small or localized concern to turn into something bigger, which could make dealing with the issue more complicated. Finally, allowing for user-generated content could result in dissemination of misinformation. The misinformation continued on page 17

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may be directly harmful to the association. Even if the misinformation seems neutral, however, readers could assume that the association agrees with the comments or information unless the association posts a statement correcting the misinformation or clarifying the association’s position. Monitoring and responding to the user-created content could become an administrative burden for an association’s management staff. Federal Communications Decency Act In deciding whether to allow owners, members and residents to contribute to the content of social media used by the association, the risk of liability for the association is an important consideration. Fortunately, there are some protections provided by Section 230 of the Communications Decency Act. This federal law states that the provider of an interactive computer service will not be considered the publisher or speaker of any information provided by another party using that service. Basically, this means that, if the association hosts a website, forum, or blog, it will have a strong defense against liability for any claims based on postings made by other people. However, if the association edits or alters content provided by other parties, then it can be deemed the speaker or publisher of that content and be held liable. Additionally, this law does not provide protection from violations of federal criminal laws or intellectual property laws. Legal Issues with Photographs Used in Association’s Social Media Two issues for an association to be aware of in posting photographs to the association’s website and Facebook page are the photographer’s rights arising out of copyright laws and potential privacy rights of the persons depicted in the photographs. Copyright

®

An association should be aware that photographs have copyright protections when they are created, and no one may use a photograph taken by another without the photographer’s permission. An association should obtain a license from a photographer for every picture taken by the photographer for the association’s use. A license should be obtained even if the person taking the photograph is a Board member or association employee or even if the photographs were given to the association with verbal permission to use them.

Privacy Rights A person’s privacy rights can be violated by taking and posting photographs if the photographs are used in such a way that places the person in a false light. An association will need to be careful not to post photos of residents in a way that they can argue places them in a false light. From time to time, residents in a community may not agree with a board action or position. The association should be careful not to place photographs in a way that suggests a group of people support an association or board position or action unless the association has gotten permission from the person(s) in the photograph. Finally, it is always possible that some residents prefer not to have their photos taken and/or prefer not to have their photos published. Thus, in order to keep harmony in the community and prevent claims of invasion of privacy (even if such claims are unfounded), an association may want to allow residents to opt-out from being photographed and from their photographs being placed on the website, Facebook page or otherwise published by the association. Checklist of Social Media Considerations The following checklist is to assist associations in evaluating the potential use of social media: 1. Does the information to be published benefit the association as a whole? 2. Does the use of the social media outlet promote or further one or more goals or purposes of the association? 3. Can the association control the content published through the social media? 4. Does the social media outlet enable the association to reach a large group of association members and residents while limiting the exposure to and influence by outside groups? 5. What are the drawbacks to the use of the social media? Are there alternatives that allow the association to achieve the same goals while eliminating the drawbacks? 6. Does the association have the creator’s (author / photographer) permission to publish the content? 7. Has the association considered the potential privacy concerns of the members or residents depicted or discussed in content published by the association? Conclusion In summary, although social media can be a valuable communication tool for an association, there are both legal and practical considerations an association should evaluate in deciding whether and how to use social media. Adrianne Speas is an attorney with the law firm of Ekmark & Ekmark LLC, where she has practiced community association law exclusively for the past eight years.

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Technology: Choosing Property Management Software By Sarah Sukta

Technology for property management has evolved. A growing number of managers are replacing pen and paper with tablets and smartphones on compliance rides and even HOA boards are discovering the benefits of association web portals with important functions, such as, online payments, homeowner accounts, eBlasts, and community calendars. While the industry as a whole has been slow to adopt new technologies, many property management companies are realizing the competitive edge software can provide by streamlining operations and making it easier to provide quality service to HOA clients. Managers interested in adopting technology solutions are looking to serve internal operational needs and meet external association requests. Internally, managers want a mobile compliance application with the ability to capture violations with photos, a simple, centralized database without expensive hardware, and an easy to learn platform for staff to access and track homeowner accounts. Board members are demanding better reporting, quicker correspondence, and most importantly, online access to their accounts placed with the property management company. A board member of a local self-managed association in Tempe explained, “We serve our community on a volunteer basis, so we turned to software to reduce our time commitment in managing the association budget, homeowner dues, and keeping up with our compliance inspections” – Chris, Village at Shalimar. Technology should simplify life for board members and aid property management companies in growing business, going paperless and helping managers effectively do their job. When evaluating software options with technology firms, before scheduling a demo with a software company, compile a list of key functions and business requirements in order to evaluate how closely a potential software solution aligns with your specific needs. Here are several important factors to consider when looking for a technology solution: Scalability – Whether your company is managing one or a thousand associations, find a product that empowers your company to accomplish core functions with a flexible, affordable, web-based platform. This will allow room to grow within a single solution. Look for a solution with “pay as you grow” pricing so you aren’t penalized for being the “little guy” starting out, or overburdened if you already manage a long list of communities. Accessibility – Look for a solution that is fully hosted (cloudbased). This will eliminate the need to acquire and maintain

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expensive server hardware, and enables system accessibility with only an internet connection and a browser. Choosing cloud-based software allows management companies to save time, money, and head count. Security and privacy are critical when it comes to adopting a cloud-based system and it should offer security such as SSL data encryption. Be sure to read the terms of service documents carefully to ensure guaranteed and explicit ownership of your data so that it cannot be sold or used by a third party. Mobility – A powerful mobile application for smart phones and tablet devices will help make managers truly mobile. Choose an application that can fulfill your core compliance functions, such as capturing violations during inspections and re-inspections, and work orders with photos in the field that synchronize automatically. Some mobile solutions run on mobile browsers, requiring a constant 3G/4G connection and a lot of data usage. These tend to run slower and are less robust than true mobile applications. Look for a mobile application that saves inspection data locally on the device to avoid problems associated with loss of internet connectivity. Finally, mobile applications available via the Apple Store or Google Play Store undergo thorough testing and therefore are generally better quality (and more trustworthy) than applications downloaded from another source. Innovation – With the ever changing rules, regulations and laws, it is important to choose a technology solution that is committed to continually innovating, evolving and growing to match your business needs. Look for a company that maintains a regular schedule of update releases and that is willing to listen to suggestions for enhancing its system over time. Integration – Make sure that the new software will be able to integrate with platforms you are currently using. It could be costly to have to buy a specific hardware or new accounting software if your new technology is not compatible. You might also consider how the solution integrates with community web portals to make account information accessible to homeowners, and online merchant accounts to enable online bill pay. Technology is the future of the industry. Don’t get left behind. Sarah Sukta is the Director of Marketing for eUnify, a cloud based property management software and iColligo, an HOA collections software for lawyers. She received her Masters of Business Administration from Arizona State University.


Community AssoCiAtion LAw Brown | Olcott, PLLC Phil Brown | Jonathan olcott

tucson 190 w magee, ste 182 tucson AZ 85704 P. 520-229-3377 F. 888-202-0059

Phoenix 5201 n 7th Avenue Phoenix AZ 85013 P. 602-952-6925 F. 888-202-0059

• Arizona’s Leading Contingent Fee Assessment Collection Program o o o o

Aligns the Association’s interest in recovery with the Firms Perfect for Non-Profit Corporations with Limited Cash Flow We collect our fees directly from the Delinquent Owner We do not take a percentage of the Assessments

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Visit our interactive website: http://www.azhoalaw.net

Fall 2014

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™ The Importance of Trade Names and Trademarks in the Social Media Age By Augustus H. Shaw IV, Esq., CCAL

The popularity of Facebook, Twitter, Instagram and the World Wide Web have exploded in the last decade. The social networking phenomenon has revolutionized the ability of Homeowner Associations (“HOAs”) to communicate with their members by providing a medium for members to conveniently exchange ideas and share information. Social media, however, has the potential for misuse. Individuals can set up message boards or Facebook pages purporting to be the official site of the HOA without HOA approval and use these sites to disseminate incorrect information. The logo or symbol of the HOA may be inappropriately used in Twitter handles, leading to member confusion. The name of the HOA could be usurped and registered as an unofficial web site address. Because of these potential threats, HOAs need to understand the dangers presented by social media, with the most important danger being trade name and trademark infringement. A trade name is the name, title, or designation under which a HOA does business. A trade name could be the actual name of the HOA or the nickname of the HOA. For example, “The Blue Acres Homeowners Association” could have “The Blue Acres Homeowners Association” or “Blue Acres” as a protected trade name. Protecting the name or title of the HOA is critically important in today’s social media age. To protect its name or title, HOAs can register their name or title as a trade name with the Arizona Secretary of State (see http://www. azsos.gov and click on the Business Filings tab on the left of the homepage and scroll down to the Trade Names and Trademark tab). The registration of a trade name guarantees the HOA certain protections under Arizona law, is effective for 5 years, and is renewable and assignable. When a HOA’s name or title is registered as a trade name, only the HOA has the right to use the trade name in regard

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to social media sites and services. Once the trade name is registered, no other individual, group or HOA may register or use the trade name. Also, the HOA may takes steps to protect the trade name if others attempt to use the trade name without permission through legal action (i.e. a cease and desist letter or trade name infringement lawsuit). In addition to trade names and social media, HOAs should also be aware of trademarks and how they apply to social media situations. When a HOA has a unique symbol, icon or logo that serve to uniquely identify the HOA, these items are known as trademarks. The symbol or icon may be an artist’s rendering, the monument sign of the HOA, a unique statue, a unique feature of the HOA such as a mountain or other landmark, a unique clubhouse or other HOA structure. To protect its unique symbol, icon or logo, a HOA can register these items with the Arizona Secretary of State as a trademark (see http://www.azsos.gov and click on the Business Filings tab on the left of the homepage and scroll down to the Trade Names and Trademark tab). The registration of a trademark is effective for 10 years, and is renewable and assignable. Once registered, only the HOA may use the trademark in the advertisement of goods and services. The HOA can initiate a lawsuit for trademark infringement to prevent unauthorized use of its trademark. Social media networks have the potential to dramatically increase communication in HOAs and positively impact communities. By properly identifying and registering trade names and trademarks, HOA can be assured of one less worry in an ever-changing social media world.

Augustus H. Shaw IV, Esq., CCAL is the Founding Partner of Shaw & Lines, LLC. Augustus is a member of the prestigious CAI College of Community Association Lawyers and sits on the CAI Central Arizona Chapter Board of Directors and Legislative Action Committee.


Satellites, Software and Landscaping By Scott Murray

As technology has developed over the last decade more and more professional landscape management companies have incorporated using Global Positioning Systems (GPS) along with Geographic Information System (GIS) software to create maps and perform inventories of the communities that they serve. The most common use of this technology is for tree inventory mapping. The technology lends itself to pinpoint and locate the trees that are in the common areas of homeowner association communities. Using GPS allows the field surveyor to locate trees within +/- four feet. Additionally, this technology allows the landscape management company to inventory the species of trees. After collecting data, the surveyor can incorporate the inventory into a working map of the community using GIS software. These maps have become very valuable tools for presentations to and working with the associations to create a tree management program in order to provide a valuation of the communities’ (tree) assets and for creating a trimming/pruning program. Once a tree program has been created the maps will detail the pruning cycle and create a data base of the trees maintenance history. The maps are also used to track the number of trees for replacement due to loss from disease and or storms.

Other valuable uses are in the creation of additional community asset inventories. Landscape management companies can identify the location of water meters, backflow preventers, irrigation controllers, irrigation valves, tot lots, ramadas and other amenities. These maps can be used for efficiencies in water management and programming the community’s water usage. Additionally, once the maps have been created, they can be used for the preparation of reserve studies and also for the proper planning of an association’s budgets. The creation of this technology has proven time and again to be a great asset, not only for the landscape professional but also for the community manager. Having these types of tools has improved the approach and accuracy of managing communities for our clients. Scott Murray is the Vice President of Desert Classic Landscaping - serving the commercial landscape industry for over fifteen years; Qualifying Party Member for the Arizona Registrar of Contractors and the Arizona Structural Pest Control.

Landscape professionals use this tool to more accurately estimate the amount of turf, decomposed granite, flower beds and mulch beds for an association. The map allows for efficient application of seed, pre-emergent, fertilization and planting of the annual flower beds. One of the more commonly used practices of this technology is to create detailed cycle maps for the scheduling of the crews to maintain the property.

Fall 2014

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Gated Communities, Developments with Restricted Access – How Would You Manage One Million Arrivals Annually?

By Bill Fultz

Desert Mountain is a large scale, restricted access gated community located in the High Sonoran Desert of Scottsdale, Arizona. Desert Mountain is unique with homes and golf courses that allow owners and guests to view the “Valley of the Sun” for distances of 40 miles. With elevations ranging from 2,500’ to 4,800’, during some winters there is snow and some winters only light rain. This private community has six Jack Nicholas Golf Courses, six club houses, sixty plus miles of privately maintained roads, fifteen miles of trails and encompasses 7.5% of the City of Scottsdale. The community is part of the urban interface with Tonto National Forest which is located on two sides.

in order before improvements can be made. Security for the community was, and is, a contracted service. We all recognize technology can make almost any operation more efficient. However, you must address the entire project and evaluate it to understand if the technology will help you achieve the desired goals.

I arrived at Desert Mountain in late 2001. The task at hand was to develop a professional security work force appropriate for a globally diversified world class community. Upon arrival I went through the typical orientation and learning curve in order to become acquainted with the scope of work necessary to make the community work smoothly. After observing arrival lines in the mornings, extending up to two miles, I asked a simple question: How many vehicles arrive at Desert Mountain? The response I received was “a bunch”; not quite what I expected for a response. The technology being used at the time was referred to as “clipboard technology.” We soon learned that arrivals were not in the thousands, but hundreds of thousands, and growing.

Stabilize your Security Workforce Many security companies will boast industry standards for staff turnover at 200-300%, then identify that their company is much lower. If you cannot get turnover rates below 30%, the task will be impossible. • Orientation and training the security staff to a new method of doing access control has its challenges. Some people are resistant to change, however, change is almost always more acceptable if staff understands why certain changes are necessary.

So, how do you manage almost a million arrivals each year? With technology! As with any project, transition is

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Examine your Access Control Standards What are the standards that the community wants to accomplish? Be prepared for push back or resistance from everyone; homeowners and contractors to name a few. Some will be favorable to new standards, others will not.

Research and Development Accept an RFP for the technology needed to achieve the community’s goals. Insist upon demonstrations. Consult with a subject matter expert as to why one product line is better than another. continued on page 23


Meet with the Security Provider Insist upon frequent meetings to discuss progress and problems encountered during installation. Insist problems be identified and discussed before they get to an installation point of no return. Training Staff will need to be trained on proper use and capabilities of the new equipment and technology being used. Work routines may need to be changed because of the technology and attempts to avoid complacency during use or monitoring of equipment. The staff will need to accept responsibility, accountability, and ownership of the new system and their individual roles as it applies to his/her jobs. In general, these steps have allowed us to transition from “clipboard technology” to a 21st century arrival process that permits an open architect concept of access control. At any given time we monitor more than 14,000 vehicles equipped with electronic tags, while processing hundreds of thousands of arrivals. The technology required for each specific site will vary. What we found worked best for us: Cameras • Fixed cameras rather than Pan Tilt Zoom (PTZ). When field of vision was needed to be increased, we selected 180-360 degree cameras. • Select software that facilitates zooming in on an object with least amount of distortion. • Depending on your specific needs, a high definition (HD) camera may be required; however, many times just a good quality camera (not HD) will suffice and save you hundreds of dollars on your project. • Infra-Red Illuminators (IRI) are not created equal. Your contractor should assist you with this, but be aware of: o Brightness, visibility and filters can all be factors that draw insects to your cameras. This creates a maintenance issue.

Storage / Servers / Communications • Consult with engineers on required bandwidth for your project. • Many options on transmission of data exist. Most IT departments express concern over bandwidth which can result in poor quality. Keeping the video system separate works to your advantage. • On site servers or cloud- based. Again, there are several factors to consider based upon your specific needs. In our application we utilized both cloud-based and on-site. Selection of equipment While community leaders are usually looking for ways to stretch the budget, we (Desert Mountain) have discovered a couple of distributors had a 90+ day wait period for equipment that was ordered. Can your community afford to stock extra parts, or wait 90 days for equipment or parts to arrive? We were able to follow these steps as we transitioned from “clipboard technology” to a world of technology. We control access of arrivals with a vehicle processing time of 6-15 seconds and track vehicles throughout the community as they enter other gates. Bill Fultz has over 35 years’ experience in criminal justice and security management. He has contracted work with two of the nation’s largest private security companies, and developed private sector security contracts and operational manuals that are used by more than thirteen agencies in eight states. He may be reached at bfultz@desertmt.com or 480-595-4061. He has been employed by CCMC for over eleven years and is consider one of the best directors of security and is proud to serve Desert Mountain as Director of Security.

Software • Administrative / user authorization levels should be options with your software package. • Instant replay should be quick and easy • Most software will re-write over recorded video based upon your storage needs. o It should be easy to bookmark an event then archive the footage, usually on a separate server, and can be safeguarded based on your agency’s policies. • Views should easily be modified o Views may need to be different based on location monitoring, or even different between shifts. You should be able to modify these as your corporate mission changes.

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Should I Change My Pool to Salt Water? By John Stallone

Over the past 15 years, the use of salt water chlorine generators has become increasingly popular both in residential and commercial applications. The appeal of having a “chemical free” pool, saving money on chlorine, and the automated aspect make salt water chlorine generators seem like the perfect solution to keeping your pool clean and clear….but is it really? What are your service providers and the manufacturers of these systems not letting you know? Salt water pools still have chemicals A salt pool is still essentially a chlorine pool. Simply put, salt water passes through an electrode that physically breaks the chlorine atom off the sodium atom, both of which make up the salt molecule - NaCl (sodium chloride; a.k.a. table salt). It is this free Cl atom that sanitizes your pool. The major drawback is this form of Cl is very unstable and requires a large amount of cyanuric acid (CYA; a.k.a. stabilizer) to keep enough chlorine in the pool to do its job. Chlorine is the most harmful chemical found in the chlorine tabs traditionally used in swimming pool care. In fact, a traditional chlorine pool only needs 20-40ppm to operate optimally, while a salt pool needs anywhere from 80-120ppm CYA to keep enough chlorine in the pool. CYA being that high is not only is harmful to swimmers but opens the door for even more issues. Above 50ppm, CYA actually retards the reaction of chlorine and becomes counterproductive, meaning that it takes more chlorine to do the same amount of work. For example, suppose that a storm rolls in and turns the pool green. In a traditional Cl pool with a CYA of 30, we would bring the Cl level up to 10-12ppm to kill off the algae bloom and generally have the pool turned around within 24 hours. A salt pool with a CYA of 80ppm would require we bring the Cl level up to 31ppm (see charts below) and because of the slowed reaction it may take 48-60 hours turn the pool back.

Non–Salt Water Pools

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pH Creep Another inherent problem that occurs with the use of a salt water system is pH creep. This is a phenomenon that occurs in salt pools where the pH never really stabilizes. Even with a perfect level of total alkalinity, the pH wants to continue to rise. Not maintaining a stable pH and constantly having a high pH causes scaling, cloudy appearance to the water and damages equipment and plaster. Cost of the system Many pool service providers will try to sell you on a salt system with promises of saving money in the long run: “Make a $1,500 investment now and save in the future.” Or, they may even include one in the price of their service. Sounds great right? On a residential pool this deal may not be a bad deal depending on the system; however, in a commercial setting or community pool application these $1,200-$15,000 systems are not designed to handle the bather load of a commercial pool. The salt system only makes one to three pounds of Cl daily at best with perfect conditions. So what is the issue with this? Isn’t this still saving me money by taking some of the chemical load? Generally speaking, no. These service providers are typically hitting you with supplemental chemical costs in the form of phosphate removers, algaecides, shock, etc. We already discussed how much more Cl needs to be added to the pool to recover from an algae bloom, not to mention the down time. Salt systems that are designed to handle large bather loads cost upwards of $5,000. In my opinion, if you are going to make that investment there are far better systems out there. In conclusion, salt systems are not the cure-all. In fact, they are the Pandora’s Box of pool issues. Stick with chlorine and if you want to make an investment in your pool, choose a service provider that can give you all the facts and show you your options. John Stallone is the President of Desert Pool Commercial Inc., a Certified Pool Operator, Certified Pool Technician, Licensed in Commercial swimming pool repair and service, and Licensed in Commercial and residential Pool Construction

CYA (Stabilizer)

Minimum FC

Target FC

Shock FC

20

2

3

10

30

2

4

12

40

3

5

16

50

4

6

20

60

5

7

24

70

5

8

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CYA (Stabilizer)

Minimum FC

Target FC

Shock FC

80

6

9

31

60

3

4

24

90

7

10

35

70

3

5

28

100

7

12

39

80

4

6

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Salt Water Pools


Technology: The Only Way to Control Rising Water Costs By Jim Kauth

In September, while vacationing in Kauai on Poipu Beach, my cell phone “beeped.” This beep was different than the usual one telling me I had a text message or an email. This beep required my immediate attention. The beep was an urgent alert notifying me that there was an irrigation water line leak at a homeowners association community in Scottsdale, Arizona. Earlier at that community, we had installed “flow sensors” that were connected to the internet and would alert us that a pipe was broken. I knew the sensor would shut the water off until the pipe was repaired, so very little water would be wasted running down the street. I simply forwarded the alert to the landscape manager and directed him to exactly where the broken line would be found. Within five minutes he responded they were en route to repair the pipe. Later, they sent me a picture of the repaired pipe. No huge water waste and no time lost enjoying the beach. Because of technology, I can control irrigation systems anywhere in the world. When it rains or even threatens to rain, I can turn off hundreds of stations all over Arizona from a beach in Hawaii. In today’s environment, communities are faced with budget constraints. These constraints are caused by a rising cost of irrigation water.

Irrigation water is liquid gold. During the recession, some communities faced bankruptcy due to skyrocketing water costs. Some golf courses had to shut down. Therefore, water conservation is vitally important. Probably the only and biggest budget item that can be cut and provide a positive environmental impact is water. But how do you cut the water usage without killing everything? Technology. We have all heard about “smart” controllers and their ability to provide the correct amount of water, but the technology doesn’t end with controllers. There are “flow sensors” and “hydrometers” that can sense when the water flow changes due to a broken sprinkler head or broken pipe. The technology has expanded to sprinkler heads and even drip emitters designed to stop wasting water. All this because of technology; oh, and that internet thing is really catching on. Aloha from Kauai.

Jim Kauth is the founder and president of Aqua Trac Corporation.

Fall 2014

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Annual Sponsors

CAI - Central Arizona Chapter

2014 Annual Sponsors

DIAMOND SPONSORS Arizona Parking Solutions, Inc. Carpenter Hazlewood Delgado & Bolen, PLC CCMC Maxwell & Morgan, PC copper SPONSORS Alliance Association Bank Brown|Olcott, PLLC Vial Fotheringham, LLP GOLD SPONSORS CBI Consulting & Construction Mgmt. Community Association Underwriters of American Dicks Coglianese & Shuquem, LLP DLC Resources, Inc. Metro Phoenix Bank SILVER SPONSORS Burns Pest Elimination Butler Hansen, PC Caretaker Landscape and Tree Management COIT Cleaning & Restoration Desert Classic Landscaping Dynamite Paving & Sealcoat Goodwill Commercial Maintenance Kasdan Weber Turner, LLP Mutual of Omaha Bank Paramount Roofing Republic Services Roofing Southwest Shaw & Lines, LLC Sherwin-Williams Paint Southwest Slurry Seal, Inc. Universal Protection Services Valley Protective Services BRONZE SPONSORS ALPHA Community Management APM Contracting Services (Allscape) BlueStar Landscape Brown Community Management CLC Enterprise Painting FirstService Residential Ginsburg & Dwaileebe CPAs LLP Holbrook Asphalt Associa Arizona Jon Wayne Construction & Consulting Metro Property Services Nautilus General Contractors PMG Services RENCO Roofing TLC - The Landscape Company Tri-City Property Management Services, Inc. Union Bank HOA Services

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Thank you for helping us make our first

25 years

successful!

www.dlcresources.com


Parking Enforcement

& Courtesy Patrols For Your Community

Arizona Parking Solutions, Inc. Community Patrols

www.arizonaparking.com

866.506.5759

Fall 2014

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C o n g r at u l at i o n s Corner

AMS Designations Associa Arizona Ms. Saundra McCarrell Westbrook Village Association Mrs. Karen Jones Associa Arizona Mr. Jacob Hoffman CMCA Designations Red Mountain Management Mrs. Julie Grommes Golden Valley Property Management Mr. Scott Brendemuhl Mr. Ramiro Wong Apache Wells Homeowners Association Mrs. Anemone Colegrove Scottsdale Ranch Community Association Ms. Suzanne Cox

Volunteer Awards Corner The Central Arizona Chapter will be highlighting the 2013 Volunteer Award Winners in each issue in 2014. The two recipients highlighted in this issue were the recipients of the Spotlight Award and the Champion of Integrity. Congratulations to: Spotlight Award Manny San Miguel The Vice President of Mutual of Omaha Bank, Community Association Banking, Manny joined the Community Association Banking team in 2002. As Regional Account Executive, his territories include Arizona and New Mexico. I decided to join CAI several years back as a way to give back to the HOA community; in addition I wanted to further my HOA knowledge and expertise. Becoming actively involved with the CAI Central Arizona Chapter has provided me with great exposure within the HOA industry, allowing me to network with a variety of business professionals. I continue to be a part of the CAI Central Arizona Chapter organization and look forward to future opportunities. 28

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Champion of Integrity CCMC A Partnership Built Upon a Mutual Commitment to Education By Delores Ferguson, PCAM, CCMC President, Western Division At CCMC, our unique brand of community management is about human connectivity, serving people first, challenging leaders to be their best and infusing life with fun. For more than 41 years, CCMC has been demonstrating just how different a community association management company can be. Today, our company serves 130 of the nation’s most successful neighborhoods in more than 140 associations and 60 master-planned communities in six states. These are the country’s premier communities and we are proud of the role we play in keeping them that way. In order to deliver the exceptional level of customer service residents in our care have come to expect, we are committed to the ongoing education and professional development of our managers… this is one of the many reasons why our managers stay with CCMC for as long as they do. This commitment not only helps our managers expand their skill-sets and industry knowledge, but it also enables them to step out of their comfort zones and embrace new challenges with confidence. One of the many ways we help our team members excel in the field of community management is our partnership with CAI. Its mission to provide educational programming that assists community managers at all levels in their professional development (more than 100 of CCMC’s team members have AMS, CMCA and PCAM designations from CAI), its commitment to responsible citizenship and legislative advocacy, its willingness to give back to the communities it serves, and the professionalism of its members closely mirrors our own. At CCMC, as well as at CAI, it’s all about doing everything we can to help our managers be the best in the business so the communities in their care are truly great places to live for the residents who call them “home.”


You do the

MANAGING We’ll do the

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480.821.0985 • PagePerPage.com

BALLOTS / ELECTIONS

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Vial Fotheringham provides homeowner associations with the everyday advice you need and can understand. We offer practical answers to your questions, free training, publications, and online resources. Our team helps associations like you proactively and successfully navigate community life. Visit www.vf-law.com.

2450 S. Gilbert Rd Ste 212. Chandler, AZ 85286 Phone: 480.448.1334 Fall 2014

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C a l e n d a r o f Ev e n t s

Keep your money where your house is ...

2014 CAI-CAC Event Calendar

october 6-7th

CED Retreat Location: Washington, DC

16th

Annual Sponsor Appreciation Night Location: First Citizens Bank 14650 North Northsight Blvd. Scottsdale, AZ 85260

18th

Community Cleanup Project

23rd

PCAM Roundtable Discussion (Lunch) Location: Westbrook Village 19281 N. Westbrook Pkwy. Peoria, AZ 85382 Sponsor: Burdman & Shore

23-25th

CEO-MC Retreat Location: Hard Rock Hotel San Diego, CA

November 6th CAI Member Happy Hour Meeting Sponsored by: CBI Consulting & Construction Mgmt. 14th

CAI – Annual Golf Classic Location: Leisure World 908 S. Power Rd. Mesa, AZ 85206

december 9th

CAI –Central Arizona Chapter Educational Lunch & Annual Meeting Location: Phoenix Airport Marriott 1101 N. 44th St. Phoenix

For more information, visit the chapter website at www.cai-az.org or call the office at 602-388-1159. Items in red are CAI National events.

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www.caicommunityresource.com

Amber Welch

Relationship Manager Give your associations the satisfaction of banking locally by keeping their investment in Arizona! Whether you are looking for a full service banking relationship or a great return on your reserve accounts, Metro Phoenix Bank is sure to meet all of your association’s financial needs.

Call us Today!

602-346-1816

Metro Phoenix Bank

4686 E. Van Buren #150 Phoenix, AZ 85008 602-346-1816 awelch@metrophoenixbank.com


Diamond Corner

Diamond Corner The CAI Central Arizona Chapter wants to thank our Diamond Sponsors, whose contributions assist us in preserving, protecting, and enhancing the industry. Our Diamond Sponsors contribute at the top level to our organization and are recognized in each issue by providing helpful information to our members. Carpenter, Hazlewood, Delgado & Bolen, PLC Associations today are using websites more than ever. Care must be taken to avoid tort liability based on published statements. There is protection from liability for the website “publisher” if a third party makes a defamatory statement, but there is no protection for authoring such a statement. Even editing content provided by a third party can make you an “author.” It’s better to avoid risk by refusing to post questionable content, and taking down content quickly on demand by someone with a possible claim. CCMC Slow Down, We Text Too Fast: Meaningfully Connecting with People in an Online World By Delores Ferguson, PCAM Western Division President, CCMC Remember when people actually spoke with one another? In coffee shops, airports, while waiting in line, you could always count on someone to strike up a conversation. Today, with heads down and fingers rapidly tapping out texts, emails, Tweets and Facebook posts, it is becoming harder to connect with people in a meaningful way. We schedule appointments via email and communicate with our kids via text. How often do we correspond with homeowners virtually, rather than in person? Return a phone call with an email to check a lingering “To Do” item off the list? Send a text to “discuss” an issue rather than schedule a face-to-face meeting? Sure it’s great to be constantly connected… to respond to questions in real time, rather than having to wait until the next business day… to immediately convey information about a postponed road work project, rather than having to post a notice on a resident’s door. But what have we lost for everything we have gained?

with someone – a colleague, homeowner, or vendor – in a meaningful way. Meet for lunch (without your phone on the table) to catch up. Slow down, look the person you are meeting in the eye and have a face-to-face conversation so they know what they are discussing is important to you. Answer a question with a phone call (not an email). Send a handwritten note to thank someone for doing something nice for you. While we can easily connect online (and simultaneously take care of business), a meaningful, thoughtful connection in person leaves a much stronger impression than any email, text, Tweet or post ever can. Maxwell & Morgan, P.C. Social media (i.e., Facebook and Twitter) is a great way for community associations to communicate with their residents. Communities that employ such technology in an interactive manner should take steps to ensure that the site is regularly reviewed to grant access to authorized users (i.e., current members); and is monitored to prevent and/or remove abusive or uncivil postings. Arizona Parking Solutions, Inc. Parking enforcement can be challenging to say the least. Gone are the days of hand written spreadsheets from a patrol driver with license plates and vehicles that are in violation of HOA guidelines. Enter, the new era of technology savvy innovations to make that patrol much easier with instant data results. Although the patrolman must still drive the community reporting violations, he or she now uses digital cameras, smart cameras with uploadable software, laptop computers, IPADs and tablets with blue tooth key boards, license plate scanners, digital video camcorders, and finally, plugged in GPS devices that light the patrolman’s way with digital foot prints for where he has been. In this age of electronic technology to make the job more efficient, the reality is that at some point that electronic technology will malfunction, quit, run out of battery, satellite won’t pick them up, or some other issue can arise. Maybe what we need is a very good patrolman who is smart enough to know that when his equipment fails, he still knows how to report violations with a pen and a spreadsheet. It may be that the key to successful enforcement, is a successful patrolman!

I encourage you to put down your phone and connect

Fall 2014

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Product and Service Directory

If your business is interested in advertising, please call (602) 388-1159.

Full Service Commercial Landscape Maintenance Apm is a full service commercial landscape maintenance contractor providing services throughout the valley. Our company partners with management companies to establish the highest level of services required by h.O.A. communities. Scott Haas, President A.P.M. Contracting Services scott@apmcontractingservices.com ( 623) 340-2760

Ginsburg & Dwaileebe CPAs LLP Audits, Reviews, Compilations, Tax Preparation, Forensic Accounting, Board Financial Statements and Accounting training, Expert Witness Testimony, Superior Court Special Master Assignments Our practice is exclusively devoted to homeowner associations. Contact us for our new “one fee for all” pricing. No charge for phone calls and board meeting attendance.

(602) 826-8640 mike@gadcpas.com

Metro Property Services Metro Property Services has been providing full service management to Homeowner Associations across the Valley for the past 24 years. Master planned, single-family homes, condominiums, active adult, and new developer communities. Efficient service with state of the art reporting, timely and accurate information. Our relationships with the associations we serve are long-term with some clients being with us for over 15 years. We are a leader in Fountain Hills.

Galaxy has the highest quality products, installation, service, and maintenance throughout Arizona. We offer up-to-date technology in access control, automatic gates & video surveillance. Our projects consist of: gates, access controls, retrofits, renovations, surveillance; all of which our expertise and value engineering customizes to provide a turn-key experience. Galaxy prides itself on superb fabrication of steel, iron, and aluminum fence and gates; from the very simple to the ornate.

www.metropropertyservicesaz.com

(480) 654-3839

Reserve Studies. The Engineering Advantage. Criterium Engineers provides the best practices for establishing and maintaining the physical and fiscal well-being of Community Associations. 50+ years of building engineering expertise. 44 offices across North America including one in central Arizona.

Call Cynthia at (480) 218-1969 FREE Whitepaper: “7 things you MUST know before your next reserve study.” Available at www.criteriumcas.com

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Galaxy Gates

Advertise your business for only $100.00! Call (602) 388-1159 today!

Advertise your business for only $100.00!

Advertise your business for only $100.00!

Call (602) 388-1159 today!

Call (602) 388-1159 today!

www.caicommunityresource.com


Fall 2014

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