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Facets

Leadership: Plan – Teamwork – Decisions – Business

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Facets

Leadership: Plan – Teamwork – Decisions – Business

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8588 Katy Frwy., Suite 349 Houston, Texas 77024 713-784-5462 Fax: 713-465-4289 www.caihouston.org

Greater Houston Chapter Of The Community Associations Institute FACETS EDITORIAL BOARD

2014 Board Of Directors President JENNIFER POINDEXTER Association Capital Bank, a division of Texas Capital Bank Business Partner Exchange and FACETS Liaison Immediate Past President TAMMY EVANS, CMCA®, AMS®, LSM©, PCAM® Planned Community Management, Inc, AAMC® Legal Committee Liaison SYLVIA AVILA WCA Waste Corporation

SHERRI CAREY, PCAM High Sierra Management, Inc., AAMC® Directory and Public Relations Liaison ®

Sherri Carey, PCAM® Editor High Sierra Management, Inc., AAMC ®

PAUL CLAPPER Chimney Hill Community Association

Karen Janczak, AMS®, PCAM® Staff Writer RealManage

LISA COX, CMCA®, AMS®, PCAM® Sienna Plantation Residential Association

Tally Jenkins, CMCA®, AMS®, PCAM® Article Solicitation Brentwood Condominiums

LISA GRIMES D&C Contracting, Inc. Trade Show Liaison

Matt Brown Staff Writer Community ProSource

PAM BAILEY, CMCA®, AMS®, PCAM® Chaparral Management Co., Inc., AAMC®

DOUG HORN The Houstonian Estates Golf Committee Liaison

MICHAEL BARRERA Cypress Terrace HOA Membership Committee Liaison

WARRENSON PAYNE, JR. Tu, Payne & Associates, PLLC Bowling Committee Liaison

SIPRA S. BOYD Roberts Markel Weinberg Butler Hailey, PC Education Committee Liaison

TERRY THOMAS Lexington Woods HOA

Stephanie Ferrante Chapter Executive Director

Robert Mann Staff Writer V.F.Waste Services, Inc. Robert NORTH Staff Writer North Law, P.C. Heather Raper, CMCA® Staff Writer/Article Solicitation High Sierra Management, Inc., AAMC® Sharlene Rhea, CMCA®, AMS®, LSM®, PCAM® Staff Writer/Article Solicitation RealManage

JAN/FEB 2014 • VOL XXXIX NO 1

What’s Inside… 4 Presidential Pennings 10 Why Every Community Association “Big & Small” Needs D&O Insurance? 12 CAI-Houston’s PR Committee – Always A Great Adventure! 14 Xeriscaping Does Not Mean “Zero” -Scaping 19 What We Have Here Is A Failure To Communicate!! 21 One Bin For All? 23 Welcome to the 2014 GHCCAI Board

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23 Committee Corner 25 The One Hour Board Meeting Holding Effective Association Meetings 29 Research Matters: How Cutting Corners In Legal Research Costs Community Associations 33 CAI Resource Library 35 CAI C.A.R.E.S. Winner 41 New Members 42 Renew and Rejoined Members 51 Committee Chair Contact Information 54 Director’s Notebook


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Leadership: Plan – Teamwork – Decisions – Business

Presidential Pennings By Jennifer Poindexter, Association Capital Bank, a division of Texas Capital Bank Congrats for an outstanding 2013! As we move into 2014, our mission remains the same: to be a source of education and information which advocates the use of best practices, professionalism and integrity in order to promote responsible community associations and those who serve them. Our theme this year is Leadership. Four key elements in leading this year will require the following: 1. Plan - what keeps our mission on track 2. Teamwork - what keeps us together 3. Decisions - that are in line with our mission statement 4. Business - running one takes time and effort Plan: At the end of each year we put together the budget to ensure we plan to financially meet our obligations and to ensure homeowners, board members, managers and business partners needs are met. We can all take a leadership role in the planning phase to ensure the success for our chapter. Your leadership is key to the overall success of your committee. Thank you for committing another year to our chapter. We could not do it without you. Team: Behind every great leader are great teammates. Without a team, the leader will not be able to execute the plan. If you have not had the opportunity to join a committee I encourage you to do so. Find a leader that inspires you to further our mission. Or perhaps you are interested in leading a team? We are all in this together, so we encourage new ideas! Here is a list our current committees “teams”: Bowling- Jason Jesko - The Urban Foresters Business Partner Exchange - Patti Tine, CMCA, AMS, PCAM, Preferred Management Services, AAMC and Lisa Grimes, D & C Contracting, Inc. CAI Cares - Barbara Riley, CMCA, AMS, Planned Community Management, Inc., AAMC and. Elizabeth Trapolino, CMCA, Crest Management, Company, Inc., AAMC Casino Night - Laura Tate, CMCA, AMS, PCAM, C.I.A. Services, Inc. Directory - Stewart Masterson, CMCA, Kilowatt Partners, Inc. Education - Jonathan Clark, Hoover Slovacek, LLP FACETS - Sherri Carey, PCAM, High Sierra Management, Inc. AAMC High Rise Advisory Council – John Esgate, CMCA, AMS, St. James Council of Co-Owners Legal Committee - Austin Barsalou, Barsalou & Associates, PLLC Membership – Juan Galvan, CMCA, AMS, Chaparral Management Company, Inc. AAMC Premium Partners – Carolyn Bonds, PCAM, Crest Mangaement Company, Inc., AAMC and Susan Vandagriff, CMCA, AMS, PCAM, VanMor Properties, Inc. Public Relations – Margey Meyer, CMCA, PCAM, CADRExperts, LLC Take a Manager to Lunch – Cynthia Burns, CMCA, Mutual of Omaha Bank/CAB/CondoCerts (Continued on page 8)

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FACETS production is completely computerized, making camera-ready art of no value. If you are a first-time advertiser, your camera-ready art will be digitized for a reasonable, one-time fee billed directly to you by Aurora Design, Inc. (281-872-7700). Call the Chapter Office at 713-784-5462 for advertising information.

FACETS Submission Deadline Articles, committee reports, or other submisisons must be submitted prior to the dates listed below for inclusion in the issue immediately following. Jan/Feb Nov 1st Mar/Apr Jan 1st

May/Jun Mar 1st Jul/Aug May 1st

Sep/Oct July 1st Nov/Dec Sep 1st

All articles are subject to editing. Call the Chapter Office at 713-784-5462 for further information.

Format of Articles

FACETS encourages and welcomes articles on any topic relating to the many “FACETS” of community association interest. Submit a Microsoft Word document (.doc) to stephanie@caihouston.org. If you are not able to submit a .doc article, please put the article in the body of the email. You may call the staff at 713-784-5462 if you need to submit an article in an alternate format. Please include a twenty to thirty word description of the author at the end of the article.


Leadership: Plan – Teamwork – Decisions – Business

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2014 ELITE Premium Partner


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Leadership: Plan – Teamwork – Decisions – Business

2014 Premium Partners ELITE Greater Houston Pool Management, Inc. PLATINUM Alliance Association Bank Association Capital Bank, a Division of Texas Capital Bank Associations Insurance Agency, Inc. Bartley & Spears, P.C. Chaparral Management Company, Inc., AAMC Daughtry & Jordan, P.C. Earthcare Management, Inc. FirstService Residential Holt & Young, P.C. North Law, P.C. Roberts Markel Weinberg Butler Hailey PC DIAMOND Terra Management Services WaterLogic, Inc. GOLD AAA Plumbers C.I.A. Services, Inc. CertaPro Painters Embark Tree and Landscape Services Gravely & Pearson, L.L.P. Nabr Network Planned Community Management, Inc. AAMC Triquest Management Services Tu, Payne & Associates, PLLC SILVER Arthur J. Gallagher & Co. Best Plumbing, LLC Brady, Chapman, Holland, & Associates, Inc. Brick Restoration, Inc. Canady and Canady P.C. Creative Management Company Crest Management Company, Inc., AAMC D & C Contracting, Inc. High Sierra Management, Inc., AAMC Hoover Slovacek, L.L.P. Lambright & Associates, PLLC McKenzie Rhody and Hearn, LLC Mutual of Omaha Bank/CAB/CondoCerts Pools by Dallas, Inc. Preferred Management Services, AAMC Property Services SCS Management Services, Inc. Simich Law Firm, P.C. Sterling Association Services, Inc. Summit Landscape Services, Inc. Tuttle Construction Union Bank Homeowners Association Services Willis of Texas, Inc. BRONZE Aurora Design, Inc. BB&T Association Services Brookway Horticultural Services, Inc. Hoggatt LP I.M.S. Landscape Services, Inc. Kraftsman Commercial Playgrounds & Water Parks Lake Houston Lawn Care, Inc. Meyer Smith, Inc. Pampered Lawns, Inc. Prism Electric, Inc. RealManage Silversand Services, Inc. The Spencer Company Sweetwater Pools, Inc. Ted W. Allen & Associates, Inc. Terry’s Landscape and Design The Urban Foresters Treece Law Firm VanMor Properties, Inc. WCA Waste Corporation

upcoming events We provide this calendar for planning purposes. It reflects information available at the time of publication. Please see the Chapter website for last minute changes, www.caihouston.org.

DATE Event Jan 15

8:30 AM – 10:00 AM – Awards Presentation and Education-Professionalism and your Career in Community Management – The United Way, 50 Waugh Drive, Houston, TX 77077

Jan 17

*9:00 AM – 10:00 AM – CAI Champions Toastmasters – Sosa Community Center, 1414 Wirt Road, Houston, TX 77055

Jan 17

Noon – 4:30 PM – Water Management Seminar – The United Way, 50 Waugh Drive, Houston, TX 77077

Jan 18

9:00 AM – 3:00 PM – The Essentials of Community Association Volunteer Leadership – Walden Yacht Club, 13101 Melville Drive, Montgomery, TX 77356

Jan 25-26 Katy Home and Garden Show – The Merrell Center & Robinson Pavilion, 6301 South Stadium Lane, Katy, TX 77494 Jan 31

9:00 AM – 10:00 AM – CAI Champions Toastmasters – Sosa Community Center, 1414 Wirt Road, Houston, TX 77055

Feb 6

9:00 AM – 5:00 PM – Professional Development – M-204 Community Governance – The Sheraton Brookhollow, 3000 N. Loop West, Houston, TX 77092

Feb 6

5:00 PM – 7:00 PM – Meet and Greet – Sponsored by The Urban Foresters – The Sheraton Brookhollow Lounge, 3000 N. Loop West, Houston, TX 77092

Feb 7-8

Lone Star Home and Garden Show – Lone Star Convention Center, 9055 Airport Road, Conroe, TX 77303

Feb 15

8:00 AM – 2:00 PM – Greater Houston Neighborhood Association Trade Show – Crown Plaza Northwest Brookhollow, 12801 Northwest Freeway, Houston, TX 77040

Feb 20

11:30 AM – 1:00 PM – Xeriscaping – Houston Hilton Westchase, 9999 Westheimer, Houston, TX 77042

Feb 22

9:00 AM – 3:00 PM – Advanced Essentials of Community Association Volunteer Leadership – Sponsored by North Law, P.C., College Station, TX

Apr 5

9:00 AM – 3:00 PM – The Essentials of Community Association Volunteer Leadership – Sponsored By Association Capital Bank, a Division of TX Capital Bank – Sosa Community Center, 1414 Wirt Road, Houston, TX 77055

Apr 10-12 Professional Development – M-100 The Essentials of Community Association Management – The Sheraton Brookhollow, 30000 N. Loop West, Houston, TX 77092 Apr 10

5:00 PM – 7:00 PM – Meet and Greet – Sponsored by North Law, P.C. – The Sheraton Brookhollow Lounge, 3000 N. Loop West, Houston, TX 77092

May 14-17 8:00 AM – 10:00 PM – CAI National Conference – Lowes Royal Pacific at Universal Studios, 6300 Hollywood Way, Orlando, FL 32819 May 29-30 8:30 AM – 5:30 PM – Professional Development – M-201 Facilities Management – The Sheraton Brookhollow, 3000 N. Loop West, Houston, TX 77092 May 29

5:00 PM – 7:00 PM – Meet and Greet – The Sheraton Brookhollow Lounge, 3000 N. Loop West, Houston, TX 77092

Jul 10-11 8:30 AM – 5:00 PM – Professional Development – M-205 Risk Management – The Sheraton Brookhollow, 3000 N. Loop West, Houston, TX 77092 Jul 10

5:00 PM – 7:00 PM – Meet and Greet – Sponsored by The Urban Foresters – The Sheraton Brookhollow Lounge, 3000 N. Loop West, Houston, TX 77092

Jul 16

Take a Manager to Lunch, Location TBD

Sept 4-5

Professional Development – M-202 Association Communications – The Sheraton Brookhollow, 3000 N. Loop West, Houston, TX 77092

Sept 4

5:00 PM – 7:00 PM – Meet and Greet – The Sheraton Brookhollow Lounge, 3000 N. Loop West, Houston, TX 77092

Sept 11

11:00 AM – 5:00 PM – 2014 Every Day Heroes Trade Show – Sam Houston Racetrack Pavilion Center, 7575 North Sam Houston Parkway West, Houston, TX 77064

Sept 17-20 Large-Scale Managers Workshop – Hilton Head, 578 William Hilton Pkwy, Hilton Head Isle, SC *CAI Champions Toastmasters Club meets every other Friday. Our mission is to be a source of education and information which advocates the use of best practices, professionalism and integrity in order to promote responsible community associations and those that serve them. For information on these events & other Chapter Activities call: (713) 784-5462 or visit www.caihouston.org


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Leadership: Plan – Teamwork – Decisions – Business

DAUGHTRY & JORDAN, PC Community Association Law

Founded in 1982, Daughtry & Jordan, PC sets the standard for personalized, professional, knowledgeable and cost-effective service to community associations. Our firm is dedicated to providing outstanding legal service to community associations and represents over 250 associations throughout Texas. Our attorneys are involved in many top legal organnizations and both Charles Daughtry and Charles Jordan are Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. Trisha Taylor Farine is also Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law. Our team of five attorneys with over 80 years of combined legal experience looks forward to the opportunity to serve you.

DAUGHTRY & JORDAN, PC COMMUNITY ASSOCIATION LAW Left to right: Chris J. Archambault, Charles A. Daughtry, Trisha Taylor Farine, Charles M. Jordan and Margaret R. Maddox

Houston Office: 17044 El Camino Real Houston, TX 77058 (281) 480-6888 www.daughtryjordan.com

Conroe Office: 406 North Thompson, Ste. 202 Conroe, TX 77301 (By Appointment Only) (866) 480-6888

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Leadership: Plan – Teamwork – Decisions – Business

Presidential Pennings (Continued from page 4)

Toastmasters – Cynthia Burns, CMCA, Mutual of Omaha Bank/ CAB/CondoCerts Trade Show – Rhonda Blodgett, Prism Electric, Inc. Decisions: Good or bad, simple or complex we are faced with many. At the heart of all the decisions, we remain focused on our mission as the determining factor. Many of us are very passionate about our committees, homeowner associations and our managers. Typically, homeowners and boards are passionate about one of largest expense items (their homes) and thus by association their communities and managers about their jobs. As you lead your board members, managers or homeowners it is often a good practice to remember the mission behind your leadership role. Decisions should not be taken personally. Whether you are leading or teammate, ask yourself if it is line with your mission statement? Business: As many of you know, running a business is not easy. With a help of a few staff members and many, many, many hard working volunteers we strive to make our business continually successful. The business of educating and informing communities, board members, managers and business partners is not a tangible item. We ask for your continual feedback to ensure we continue to grow our chapter and lead the industry to help all the individuals assistance with our business. I am thrilled to be part of such a wonderful organization and most importantly part of a business, with great teams, and good plans and decision makers who all look for the betterment of the chapter. I leave you with this thought. Leadership can be in many forms and across many aspects of our career. Embrace those opportunities, because every effort you make to lead your employees or communities will continue to raise the bar for our business. And if you are not a leader, find someone who inspires you to be a part of a team. Remember we cannot do it without you. Our communities thrive from leaders taking on community projects, board members or managers who help keep your communities financial stable. LEAD ON! u

Facets is published bi-monthly by the Greater Houston Chapter of the Community Associations Institute. Articles appearing in Facets reflect the author’s opinion and not necessarily the opinion of GHCCAI. Acceptance of advertising in Facets does not constitute an endorsement of the advertiser’s products or services by CAI. FACETS is designed to provide authoritative information regarding the subject matter covered. Neither the GHCCAI nor FACETS is engaged in rendering legal, accounting or other expert advice. If such advice is needed, the reader is advised to engage the services of a competent professional. FACETS encourages the submission of articles, news, and announcements,subject to space limitations,editing and appropriateness,including educational value. All materials submitted to GHCCAI are intended for publication and as such become the property of GHCCAI. Submissions will be published at the discretion of the FACETS Editorial Board. FACETS is produced by Aurora Design, Inc. (281-872-7700), an advertising design and publishing company and a CAI Premium Partner.

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CAI is a national membership association that provides information, education and resources to all those involved in community association governance and management. CAI’s 30,000-plus members include homeowner volunteer leaders, community managers, association management companies and other professional service providers. Working in partnership with almost 60 state and regional chapters, CAI also advocates on behalf of common-interest communities before legislatures, regulatory bodies and the courts. We believe homeowner and condominium associations should strive to exceed the expectations of their residents. We work toward this objective by identifying and meeting the evolving needs of the homeowner leaders and professionals who serve associations and by helping our members learn, achieve and excel. Our mission is to inspire professionalism, effective leadership and responsible citizenship, ideals reflected in communities that are preferred places to call home. Visit www.caionline.org or call (888) 224-4321. Learn more about the Houston chapter of CAI by visiting www.caihouston.org or by calling (713) 784-5462.

TRIQUEST Management is a hands on company that will take time to listen to the needs of the community and work with the Board of Directors to provide a strong and stable community that Owners are proud to call Home. 9950 Westpark Dr. Suite 350 Houston, TX 77063 P: 713-780-2449 F: 713-780-2460 customercare@triquestmgmt.com www.triquestmgmt.com


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Leadership: Plan – Teamwork – Decisions – Business

CAI MEMBERSHIP APPLICATION CAI • 6402 Arlington Blvd., Ste. 500 • Falls Church, VA 22042 Phone: (888) 224-4321 • Fax (240) 524-2424

MEMBERSHIP CONTACT: (Where membership materials will be sent) NAME TITLE ASSOCIATION/COMPANY ADDRESS CITY/STATE/ZIP

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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 2%. 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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WHY EVERY COMMUNITY ASSOCIATION “BIG & SMALL” NEEDS D&O INSURANCE? By Bo Bond - Senior Sales Executive, Associations Insurance Agency, Inc. If you live in a smaller community; you may not think that your association needs the kind of insurance protection that a larger, more diverse community has for their directors and officers. You would be mistaken. Directors and officers (D&O) liability insurance has a place in the insurance portfolio of just about any community association out there. D&O insurance is designed to cover claims based on the actions of an association’s directors and officers. It should be noted that D&O policies may even extend coverage to volunteers and unit owners as an enhancement to the coverage form. That being said, D&O is predominantly triggered when these insureds commit wrongful acts on behalf of the association or while acting in a corporate capacity. Consider these “Top Ten” reasons for adding D&O liability coverage to the insurance protections you already have in place for your community: 1. While many associations may not get involved in investing association funds, many do and expect to turn a profit on the money they have invested. Today’s credit market makes it more difficult for these investments to succeed, while also making it harder for newer communities to get off the ground. If investors (members) lose their money, they may seek recourse against the board of directors. 2. We live in an ever changing world where most people are on alert for any person or organization that treats them in an unfair fashion. Because we live in such a litigious society, a community’s assets and members must be protected to the highest degree. One simple slip of the tongue, slip of the pen, or one questionable act could lead to months or even years of heartache for an association without D&O coverage. 3. In almost every association, directors and officers are very active and hands-on when it comes to upholding their fiduciary responsibility to the community. Because they are very involved in their community’s day-to-day operations, their actions are more likely to be called into question. 4. Employment practices liability claims due to sexual harassment, discrimination, and wrongful termination are growing in number. These types of lawsuits can result in staggering judgments and settlements. Hands-on board members make easy targets for these types of claims. Combination D&O/EPLI (employment practices liability insurance) policies make sense for any community association. 5. Both new and small associations may not have the resources to hire specialized support staff or outside advisors for complex legal filings and other requirements. This makes them more susceptible to legal compliance claims brought by governmental agencies on matters such as tax law, labor law, etc. 6.

Even when claims of wrongdoing, negligence, or mismanagement are unfounded, they still need to be defended. Legal de-

fense costs can quickly add up, straining the resources of any association. 7. Some directors and officers may have a great deal of their own wealth to protect. The cost of defending, settling, or being held liable on a claim can have financial repercussions for that board members spouse, family and estate. 8. D&O policies are best designed when they insure both the association, and individual directors and officers. That’s because there may be situations where the association cannot, or will not, indemnify the individually named directors/officers in a lawsuit. In many cases the association may not have the financial resources to back up the executive’s loss, and the corporate bylaws or public policy may even prohibit it. 9. The current insurance market has made D&O coverage more affordable than it’s ever been in the past. 10. Individuals may be reluctant to take on director/officer roles without the protection D&O insurance can provide. This may make it more difficult for a community to find the right people to serve in key board member positions. The right D&O coverage gives managers and board members the peace of mind they need so that they can attend to the core operations of their association. This is, after all, why they were elected to the board in the first place. Items we strongly suggest every D&O policy contain: • At least $1,000,000 in limits • Defense costs outside the limit of liability (separate limits specifically for defense costs) • Full coverage of non-monetary claims (70% of all D&O claims are non-monetary in nature) • Full prior acts coverage • Breach of contract coverage • A broadened definition of “wrongful acts” which includes discrimination & harassment • Coverage automatically adds manager & management company as additional insureds • Coverage automatically adds committee members & volunteers as additional insureds u


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CAI-HOUSTON’S PR COMMITTEE – ALWAYS A GREAT ADVENTURE! By Margey Meyer, CMCA, PCAM, Chair, CAI-Houston PR Committee CAI-Houston’s Public Relations Committee has so many projects in the works that it takes a village to stay on top of everything! Our hard-working and creative committee members are currently focusing on the following projects: CAI C.A.R.E.S. (Community Association Recognition of Excellence in Service): CAI-Houston celebrates community associations’ accomplishments and unique activities and events, and spreads the word so other community associations can use those great ideas. We also recognize management companies, business partners and other service providers for their efforts to improve the lives of others. Headed by Barbara Riley, CMCA, PCAM, Community Manager at Planned Community Management, Inc., AAMC and Liz Trappolino, CMCA, Community Manager at Crest Management Company, Inc., AAMC, we’re looking not just for the extraordinary, but also for the everyday efforts communities, service providers and suppliers make to foster a sense of community and neighborliness or to contribute to a worthy cause. Examples of our winning entries include a recycling program, a holiday party, a fund raiser to help an ill child, a summer barbecue and collecting donations for Wounded Warriors, Toys for Tots and the Red Cross. The best of the best are honored quarterly at a chapter education breakfast, recognized in a press release to local media and government officials, and featured in our bi-monthly magazine, FACETS. This is a great opportunity for community associations to improve their marketability to potential homebuyers and for business partners and and management companies to benefit from free publicity! HOA Hotline. To help our Greater Houston area community association residents better understand the concept of community association and to reduce complaints to the media and legislators resulting from misunderstandings, our HOA Hotline experts Pam Bailey, CMCA, AMS, PCAM; Ransom Dailey, CMCA, AMS, PCAM; Carolyn Bonds, PCAM; Christi Keller, PCAM; Jeff Douglas, PCAM; Jose Villegas, CMCA, AMS, PCAM; and Margey Meyer, CMCA, PCAM respond to emails and phone calls directed to the CAI-Houston office. The HOA Hotline has become so popular that we’ve created a Spanish-language team composed of Alberto Castanon; Michael Barrera; Jaime Villegas, CMCA, AMS; Roxanne Martinez, CMCA, AMS; and Jose Villegas, CMCA, AMS, PCAM. We can certainly use more experts, so if you have 30 minutes or so a month to spare, let us know! P.R.O.P. (PR Committee Outreach Program). Our generous business partners support quarterly free lunches for managers in various

locations around the Greater Houston area. As you can imagine, the response from managers has been overwhelmingly positive for several reasons: the lunches were free and on their turf, and they had an opportunity to chat with sponsors and colleagues in an unpressured, relaxed environment. As you can see, our volunteers could easily turn their tasks into full-time work. If we had more manpower, we would like to • establish personal contacts with specific media and local government representatives • craft more articles for FACETS and local print media • resurrect the CEO Committee to enable management company CEOs to meet quarterly to discuss common challenges, share solutions and generally to support each other in their efforts to provide optimal community association management service and to offer an enticing work environment • create short YouTube videos about different aspects of community association operations, maintenance and management • revive our Radio Committee which had a weekly hour show with guest experts and Question and Answer opportunities • revive our TV show which we presented on Houston’s municipal network To make sure we accomplish our objectives, we need YOU to help us out. It’s easy to sign up – contact Margey Meyer at 713/465-2048 or mmeyer@cadrexperts.com and come to our meetings beginning at noon on the first Monday of the month at the CAI office. One more thing – be prepared to have fun! CAI-Houston PR Committee Members: Chair Margey Meyer, CMCA, PCAM, CADRExperts, LLC Sipra Boyd, Esq. Roberts Markel Weinberg Butler Hailey, PC Barbara Riley, CMCA, PCAM, Planned Community Management, Inc., AAMC Liz Trappolino, CMCA, Crest Management Company, Inc., AAMC Susan Steely, LMS, Inc. dba Landscape Management Services Leon Davila, Strongroom Solutions, LLC. u

FACETS SPARKLERS Congratulations to all the Sparklers listed in this issue! If you know someone associated with CAI who sparkles, please let the FACETS staff know by emailing stephanie@caihouston.org. North Brunswick, New Jersey November, 2013 – It is with great pleasure that Kipcon and Kipcon of Texas, can announce that Clayton E. Taylor in our Texas office has received his Reserve Specialist designation. The RS™ designation recognizes his expertise and experience in preparing Reserve Studies and shows his commitment to keeping Kipcon the industry leader when providing Reserve Studies to our communities neighbors and friends in Texas. The Reserve Specialist designation is awarded to qualified, certified professionals who help communities and associations plan for the long-term repair and replacement of major components.


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XERISCAPING DOES NOT MEAN “ZERO”-SCAPING: AMENDING THE ASSOCIATION’S USE RESTRICTIONS TO DEAL WITH THE NEW LAW By Robert North, North Law, P.C. Background What is “Xeriscaping” and why should Property Owners Associations (POAs) even care? Xeriscaping is a water-conservation concept that originated in Colorado and is essentially defined as “landscaping and gardening in ways that reduce or eliminate the need for supplemental water from irrigation.” Eventually the idea spread throughout the west and southwest to utilize water-efficient landscape designs to save water, but were also attractive. The term “xeriscape” comes from “xeros,” the Greek word for dry. Combined with “scape” which literally means a picture or a view of a type of scene, we have the term for a dry landscape. The seven principles of Xeriscaping include: Planning and Design, Soil Analysis, Plant Selection, Practical Turf Areas, Efficient Irrigation, Use of Mulches, and Maintenance. Many people have a negative association with this word, thinking that all xeriscapes are hot, hostile and very thorny (think cacti!). Some associate the term with minimal plant material and vast rock gardens. However, with careful planning and attention to a POA’s governing documents, xeriscaping can be implemented in a community without becoming a “thorn” in the sides of well-meaning Boards of Directors. The 83rd Texas Legislature Embraces Xeriscaping Senate Bill 198 (“SB 198”) was signed into law by Governor Rick Perry on June 14, 2013 and became effective on September 1, 2013. This bill forever alters the legal “landscape” (pun intended) for the aesthetic of residential lots in POA-controlled subdivisions. Dubbed the “Xeriscaping law,” SB 198 modified Texas Property Code section 202.007 to include language protecting a property owner’s right to install “drought-resistant landscaping or water-conserving natural turf.” The law forbids a POA from including or enforcing a provision in a dedicatory instrument that prohibits or restricts this property owner’s right. The details of the law are fairly straightforward but with some “gotchas” that will be explained shortly: while the POA cannot absolutely prohibit a property owner from installing xeriscaping, the POA can require the owner to submit a detailed description or plan for approval of the proposed xeriscape installation to ensure “maximum aesthetic compatibility with other landscaping in the subdivision.” Conversely, the POA “may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf… or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.” Some Legal Pitfalls in the Xeriscaping Law Unlike attorneys, legislators aren’t always known for their skills as wordsmiths, and the Xeriscaping law is no exception. As with all legal documents, our system of laws assigns a meaning to every word and we are all charged with obeying those laws as written. But what happens when certain terms aren’t explained in the law? With that, these are the potential “gotchas” with the new Xeriscaping law. Legally-speaking, the inclusion of the word “unreasonabl[e]” in

Xeriscaping Effective Date: Affects:

September 1, 2013 Single-family home Subdivisions & Condominiums Creates/Modifies: Tex. Prop. Code §202.007(a)(4), (d)(8), (d-1) Synopsis: a POA cannot absolutely prohibit Xeriscaping but can regulate it Action Item(s): Review your POA documents to determine the extent that Xeriscaping is already covered by the rules and, if not addressed, consider drafting a rule that establishes the application and approval for Xeriscaping installation(s). the Xeriscaping law bears noting because the word is a legal term of art that can invoke a standard of conduct if the POA’s rejection of a xeriscaping application is challenged in court. What’s “unreasonable” is undefined, meaning that whether or not a POA has properly denied a xeriscaping application under the given circumstances is ultimately a question that the Judge or Jury must decide. Remember that POAs typically enjoy a presumption of reasonableness for their decisions provided that they aren’t arbitrary, capricious, or discriminatory. However, it is unclear if laws like the Xeriscaping statute will affect this presumption in practice. Likewise, the Xeriscaping law also fails to define the terms “drought-resistant landscaping” and “waterconserving natural turf.” Thinking back to my Contracts 101 class, one of the hallmarks of any good contract was this: define all material terms and leave nothing to the (sometimes faulty) recollections of the parties, because any difference of opinion will end up being litigated absent a defined term to reference. Since “drought-resistant landscaping” and “water-conserving natural turf” are undefined, anybody’s definition is the correct definition at this point. Can you imagine the consequences of that legal reality? ACC Guidelines could be the Solution ACC guidelines have always been a helpful resource for Boards and property owners alike regarding architectural standards in the community including items like: home exteriors, roofing, fencing, storage sheds, and basketball goals, naming a few of the more common provisions. ACC guidelines don’t exist to replace or usurp the deed restrictions in place for a community; rather, they exist to augment or lend detail to a restriction where none previously existed. For example, most community association practitioners are painfully aware of the generic “nuisance” clause that exists in almost (Continued on page 16)


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“Zero” Scaping

(Continued from page 14) every single declaration of restrictive covenants ever written. For some communities (particularly ones with older declarations), that is the ONLY operative use restriction that “fits” for the violation being reported. This leaves POAs in the unenviable position of having to argue that a homeowner’s actions rise to the level of nuisance when the comparison is tenuous at best. As such, that one-size-fits-all panacea for deed restriction enforcement just doesn’t cut it in most cases for today’s POA, especially with heightened judicial scrutiny placed on POA actions. There simply needs to be more “meat on the bone” of that nuisance provision, and that is where the ACC guidelines come into play. A POA can publish a range of actions or misconduct that it considers examples of nuisance in its ACC guidelines, or in a standalone policy, that gives the property owners notice of same. Regarding the Xeriscaping law, because there are some uncertainties in the statute’s construction, a POA can amend its existing ACC guidelines or author a policy to otherwise provide guidance to property owners wishing to implement this new form of landscaping feature. This policy needs to be broad enough to account for the law’s lack of formal definitions for “drought-resistant landscaping” and “water-conserving natural turf,” while providing a framework whereby Board members can effectively evaluate any xeriscaping applications they receive. Types of plants and other landscaping features such as mulches and stonework can be illuminated within the guidelines to give property owners notice of what xeriscaping features are considered “aesthetically compatible” with the existing landscaping found within the subdivision. As a final note, POAs interested in proactively planning for and implementing any governing document changes pursuant to the new Xeriscaping law (or any new law affecting POA operations) should contact their legal counsel and involve them early in the process. Likewise, Boards should call on other association resources at their disposal, such as landscape vendors and irrigation specialists in the instant case, to solicit valuable feedback on what the proposed policy should cover (whether the document is an ACC guideline amendment or a standalone policy). No rocks, turf, or cacti were harmed in the production of this article. [The complete text of the new Xeriscaping law follows this article] S.B. No. 198 – Complete Text of the New Law AN ACT relating to restrictive covenants regulating drought-resistant landscaping or water-conserving natural turf. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 202.007, Property Code, is amended by amending Subsections (a) and (d) and adding Subsection (d-1) to read as follows: (a) A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (2) installing rain barrels or a rainwater harvesting system; [or] (3) implementing efficient irrigation systems, including underground drip or other drip systems; or (4) using drought-resistant landscaping or water-conserving natural turf. (d) This section does not: (1) restrict a property owners’ association from regulating the require-

ments, including size, type, shielding, and materials, for or the location of a composting device if the restriction does not prohibit the economic installation of the device on the property owner’s property where there is reasonably sufficient area to install the device; (2) require a property owners’ association to permit a device described by Subdivision (1) to be installed in or on property: (A) owned by the property owners’ association; (B) owned in common by the members of the property owners’ association; or (C) in an area other than the fenced yard or patio of a property owner; (3) prohibit a property owners’ association from regulating the installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes; (4) prohibit a property owners’ association from regulating the installation or use of gravel, rocks, or cacti; (5) restrict a property owners’ association from regulating yard and landscape maintenance if the restrictions or requirements do not restrict or prohibit turf or landscaping design that promotes water conservation; (6) require a property owners’ association to permit a rain barrel or rainwater harvesting system to be installed in or on property if: (A) the property is: (i) owned by the property owners’ association; (ii) owned in common by the members of the property owners’ association; or (iii) located between the front of the property owner’s home and an adjoining or adjacent street; or (B) the barrel or system: (i) is of a color other than a color consistent with the color scheme of the property owner’s home; or (ii) displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured; [or] (7) restrict a property owners’ association from regulating the size, type, and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device, or other appurtenance that is located on the side of a house or at any other location that is visible from a street, another lot, or a common area if: (A) the restriction does not prohibit the economic installation of the device or appurtenance on the property owner’s property; and (B) there is a reasonably sufficient area on the property owner’s property in which to install the device or appurtenance; or (8) prohibit a property owners’ association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners’ association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision. (d-1) A property owners’ association may not unreasonably deny or withhold approval of a proposed installation of droughtresistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision. SECTION 2. This Act takes effect September 1, 2013. u


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WHAT WE HAVE HERE IS A FAILURE TO COMMUNICATE!! Tips on Filing an Insurance Claim By Bo Bond - Senior Sales Executive, Associations Insurance Agency, Inc. If you’ve been a board member or community manager very long, then you know all too well the issues that come with submitting an insurance claim on behalf of your association. Unfortunately, claims are inevitable for any community, and when they occur, everyone is put to task with extra work and effort to get things resolved promptly. Undesirable side effects often arise due to a lack/drop in communication, which often causes disputes between the parties involved. From the time the claim is filed with the agent, to meetings with the adjuster, to receiving payments on the claim, and finally closing out the file; frequent communication by all parties involved is key to a better claims experience. Ultimately, no one can completely control the claims adjuster or carrier’s actions (or lack of action). However, there are some things that can be done to influence their behavior for the better, minimize areas of disagreement, and make the overall process a little smoother by way of better communication. Many claims adjusters find it frustrating when they receive initial claims notices that provide limited information. From submitting the initial notice of a claim to the insurance company, to working through the entire claims process, below are some key items every board/manager should consider when filing a property damage claim. * If the association delays filing a claim due to the belief that the loss won’t be covered, it isn’t the association’s responsibility to cover, or because they don’t believe the loss will breach the association’s deductible, it can cause some major issues if a claim is actually ever filed. If the board chooses to push back or delay, it’s extremely important to take pictures of all damaged areas and keep receipts for all mitigation and reconstruction performed. If you don’t take these actions, and a claim is filed days or weeks later, it can cause all kinds of issues for the community and their claim. It’s almost impossible for an adjuster to do their job when they can’t view the damages first hand, and there’s literally nothing for them to review/asses. * Detailed information, such as the date and location of the loss, property involved in the loss, witness information and statements, parties involved, pictures, etc., should always be included in the initial claims notice. Most agencies can easily provide you with a claims report form. The more information on the initial notice, the less the adjuster has to request or dig for later. Remember to write legibly if hand written! * A statement of what the board expects from the adjuster/carrier during the claims process is always a great idea. This should present several items for the carrier/adjuster to acknowledge, and thus set the table for both parties’ expectations during the claims process. Letting the carrier/adjuster know exactly what you expect can aid in keeping everyone on their toes throughout the whole process. That said; make sure your expectations are logical and realistic. * When applicable, it’s always wise for a board member or manager to inspect the damaged property/area and put together a discussion list. This list will identify all the areas they feel the adjuster must see once they visit the property. In the end, no one knows the property better than the community manager or board member. Having this done before the adjuster views the damages in person may help eliminate multiple visits in the future. Also, if both you and the adjuster have reviewed the damages, then it’s less likely that something’s been overlooked. * The board/manager should make sure they’re with the adjuster

when they visit in person. Depending on the size and scope of the claim, this may or may not be necessary. Meeting with the adjuster and spending time with them face-to-face will help separate the association’s claim from the dozens of other cases already on the adjuster’s desk. It will help facilitate the exchange of information, educate the adjuster about the case, and allow both sides to discuss (in person) their expectations for the claims process (such as frequency of updates, type of communication preferred, etc.). * Finally, keep a log of all communication between the association and the adjuster/carrier. It seems fundamental, but you’d be surprised how many insured’s believe that their scenario will be a simple open-&close case, when in fact it doesn’t exactly turn out that way. Keeping good communication records will eliminate any questions about what was or was not discussed, or agreed upon. It will also help you keep track of who’s supposed to be doing what at that given time. Even with a detailed initial notice and an early meeting, disputes between parties involved may still arise. If the two major parties (board/ manager & adjuster/carrier) can specifically define the issues, they can limit the disagreements and focus on producing a successful resolution. Even if they disagree on whether the policy will cover the claim, a specific description of each side’s concerns can help narrow the areas of disagreement and reduce uncertainty. Therefore, it is in the board’s/manager’s best interest to be specific about its questions and concerns in all communications with the carrier/adjuster. This should give the carrier an incentive to be clear about why it might not cover the claim. Armed with this information, the board/manager can more easily decide how to proceed. During this process, the board/manager should never overlook their insurance agent as a primary resource and advocate. Agents deal with claims situations on a daily basis and can provide valuable information and direction on what to expect, as well as ways to make the process easier. While the adjuster does most of the work during a claim, the agent should never be overlooked as your advocate. Claims are naturally stressful and disruptive, often causing managers/board members to put other work on hold during the process. However, following these steps above should help reduce the amount of stress that the claims process can produce, while also helping all parties reach a resolution promptly. Claims Best Practices: • Take pictures and keep receipts if the board decides to push back or refuses to file a claim • Submit a very detailed claims report you can to your agent/carrier. • Draft a realistic list of expectations for the adjuster / carrier prior to your first meeting. • The manager / board member should view the damages & make a discussion list to address with the adjuster. • When applicable, meet the adjuster face-to-face as they asses the damages. • Keep a log of all communication so you know exactly where things stand at all times. u


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ONE BIN FOR ALL? By Robert Mann, VF Waste Services, Inc., Staff Writer Many of you have probably already heard or read about Houston winning a grant for their “One Bin for All” trash and recycling concept. If not, following is an excerpt from Waste and Recycling News, “After winning $1 million from Bloomberg Philanthropies for its One Bin for All recycling program, Houston is moving forward with plans to develop a massive mixed materials recycling facility, or a “dirty MRF.” The new facility, which is slated to begin operation in early 2015, would eventually replace the city’s current collection services and be funded entirely by a private company,” said Laura Spanjian, Houston’s Director of Sustainability. “In a world-class city like Houston, we should have a strong recycling or reuse program,” she said. The city has a residential recycling rate of 14% and single-stream recycling is offered to just a third of residential households.” (Kalish, 2013) Sounds like a great idea, right? Take all your trash and all your recyclables, throw it in one bin, then it goes into one truck and then off to a magic sorting facility and the world is saved from the almighty scourge of recycling bins AND trash cans. You still won’t be able to throw your old computer in the trash, so don’t get too excited. There are four methods of recycling: Single Stream, where you throw all your recyclables in one container and the recycling that has to do with multiple containers is called Source Separation. The process of separating the papers from the cans and bottles is called Dual Stream. The “One Bin for All” is called No Separation recycling. We all recycle with the desire that the material we throw out gets processed and turned into something else. But sometimes that doesn’t work out so well and while many of us feel great about recycling, little did we know that much of what we are trying to recycle really isn’t getting recycled at all. Recyclable materials or remnants of such that are “contaminated by other substances” are called residual waste. The rate of contamination is referred to as the residual rate. When you leave extra cheese and sauce on the pizza box, chances are it won’t get recycled. When you leave extra jelly in a glass jar, the jar breaks and the sauce and glass gets into paper, causing the residual effect. The less residual a recycling plant allows the more money it makes since residual is simply thrown away at a cost to the recycling outfit. Yes, you read it correctly… thrown away, meaning put in the landfill. Cleaning items before throwing them in the recycling bin is a very good idea and one that will actually fulfill your goal to recycle! A Study from the University of Wisconsin, Milwaukee in 2006 explored Single Stream recycling, Dual Stream and Source Separation Recycling, “A good dual-stream program can be around 2-3% residuals, while source separated can produce slightly more than 1% residuals (CBS, 2005). Single stream can be significantly higher; a study conducted by Government Advisory Associates (GAA) on 36 programs shows a residual rate of 16.6%, close to the number acquired by the St. Paul case study at 14.2% when not including mixed glass (27.2% when including mixed glass).” (University of Wisconsin, 2006)

So a good Dual Stream recycling program can have a recovery rate of 97%, with Source Separation at up to 99% and a good Single Stream Recycling program can have around 73% recovery rate. So what about “One Bin for All”? Has any other city researched this process? The City of Toronto in Ontario Canada actually looked into the process for their waste and recycling services needs and came up with the following conclusion: Several attempts have been made to recover recyclables from “dirty” MRFs where the feedstock is mixed Municipal Solid Waste (“MSW”). The experience has been that the recovery rate is very low from these facilities (5 to 10%) and the recovered products have low value due to the high level of contamination. (City of Toronto, 2009) So that’s up to 95% residual material that cannot be recovered. Of course, only if this material is actual trash, not just recyclables. But it is difficult to get an actual justification for a “dirty MRF” when only 14% of the City population recycles and only one third of residential homes have recycling bins. So would the recycling rate go up with the rate of recycling bins handed out? I guess we’ll never know… u Bibliography

City of Toronto. (2009). Planning Study for the assessment of mixed solid waste processing technology and siting options- City of Toronto. Retrieved from City of Toronto: http://www.toronto.ca/garbage/mwp/pdf/work_package-1_and_2.pdf Kalish, J. (2013, 3 25). Update: Houston secures $1 million grant for ‘One Bin’ idea . Retrieved from Waste and Recycling News: http://webcache.googleusercontent.com/search?q=cache:http://www.wasterecyclingnews.com/ article/20130325/NEWS08/130329970/update-houston-secures-1-milliongrant-for-one-bin-idea University of Wisconsin. (2006). Single Stream Recycling. Retrieved from University of Wisconsin- Extension: http://www4.uwm.edu/shwec/publications/ cabinet/recycling/Single%20Stream%205-24a.pdf

Robert J. Mann is a District Sales Representative for V.F. Waste Services, Inc. robert@vfwasteservices.com


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CMC

Chaparral Management Company, Inc. AAMC Community Associ Association Management, Development & Consulting

Serving Houstonʼs Northwest Harris and Southern Montgomery Counties since 1985 6630 Cypresswood Drive, Spring, Texas 77379 P.O. Box 681007, Houston, Texas 77268-1007 281-537-0957 • Fax 281-537-0312 www.chaparralmanagement.com Email: pbailey@chaparralmanagement.com

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WELCOME

GHC-CAI 2014 BOARD OF DIRECTORS ELECTION RESULTS Please welcome the following to the 2014 Greater Houston Board. Each board member will serve a three year term. Pam Bailey, CMCA, AMS, PCAM – Chaparral Management Company, Inc., AAMC (Manager Member) Lisa Cox, CMCA, AMS, PCAM – Sienna Plantation Residential Association (Manager Member) Lisa Grimes – D&C Contracting, Inc. (Business Partner Member) Michael Barrera – Cypress Trace HOA (Homeowner Member) Paul Clapper – Chimney Hill Community Association (Homeowner Member)

COMMITTEE CORNER SPOTLIGHT Committee:

Education Committee

Chair:

Jonathan Clark, Hoover Slovacek, LLP

Tenure:

1 year

Meeting Dates/Times: 2nd Thursday of each month, 3:30 PM at the CAI Offices, 8588 Katy Freeway, Suite 349, Houston, Texas 77024 Goals: CAI Houston’s Education Committee is committed to providing its membership, and the community at large, quality educational seminars that are both informative and relevant to the community association industry, with topics appealing

to all member groups, whether they be community managers, homeowner board members, business partners, or otherwise. Community managers earn valuable continuing education credits for their attendance at these events. The Education Committee is always investigating new subject areas to cultivate and bring to the membership for additional educational opportunities, along with the tried-andtrue matters that most community association practitioners are already familiar with. Lastly, the Education Committee endeavors to increase attendance at the educational seminars and boost member involvement in these and other Chapter activities. In 2013, the Education Committee held 7 monthly educational seminars and co-sponsored 2 additional events. In 2014 and beyond, the Education Committee plans on meeting or exceeding the number of educational opportunities available to the membership. u

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THE ONE HOUR BOARD MEETING HOLDING EFFECTIVE ASSOCIATION MEETINGS By Craig Huntington, President, Alliance Association Bank The most important elements in the operation of a community association is the meeting. The success of an association is reflected in the quality and tenor of its meetings. Surprisingly, the meeting process is often ignored or misunderstood in many communities. We have all attended the interminable three-hour Board meeting, the overly controversial special meeting or been privy to the process of rescheduling an Annual meeting due to the lack of a quorum. Yet when the often overlooked techniques of a good meeting are used, unity is created and the group moves towards its goal in an expeditious manner. And this goal, the enhancement and protection of the community’s property value, is important and shared by the entire community. The Board is in charge of a corporation whose assets may be in the millions of dollars. A Board meeting is a gathering of the corporate Board to conduct the business of the association. How this meeting is conducted will have a dramatic impact on the success of the community and will, more often than not, be responsible for whether members will be willing to serve in leadership positions in the future. Many elements enter into the meeting process and we can break these elements into three categories; Preparation, Conduct and Follow-up. Board Meeting Preparation Time is the most precious asset anyone can possess. The amount of time members spend in a board meeting should be viewed as a gift by them to the association which should not be squandered. Board meetings should not be viewed as performances for the general membership but as genuine working business meetings. In order to accomplish this, as many issues as possible must be discussed either in writing, e-mail works great, or verbally, prior to the meeting. It is imperative that the Board avoid surprises at their business meetings. No issue should be raised that is not published on the agenda and the agenda should be in every Board member’s hands at least three to five days prior to the meeting. The President should insist that each Board member wanting an issue discussed put that issue on the agenda and supply all pertinent information, in writing, prior to the Agenda’s publication date. It is imperative that the Board meeting not be viewed as an opportunity for Board members (or the manager if there is one) to hear themselves talk. Board members are not obligated to speak to each issue that is raised. If they were, meetings would likely last two or three hours. Preparation begins with a written agenda published at least three to five days prior to the meeting. On the agenda will be a line for committee reports. Again, no committee should report unless they have submitted their report, in writing, prior to the agenda’s publication Committee reports do not have to be long documents. They can be a summary of the committee operation but should include any motion being requested by the committee of the Board. If it looks as though the report will present a problem at the Board meeting it should be discussed and resolved by the President and the chair of the committee privately before the meeting so that the committee does not go through the public humiliation of having an idea or motion they have worked diligently to create being blown out of the water by the Board. If the association is professionally managed, the management report will also be part of the agenda. Again, this report should be in

Board Meeting Agenda 1. Call To Order

5:00

2. Open Forum

5:00

3. Secretary’s Report

5:15 (3 min.)

4. Treasurer’s Report

5:18 (7 min.)

5. Management Report

5:25 (20 min.)

6. Committee Reports

5:45 (10 min.)

7. Unfinished Business

5:55 (10 min.)

8. New Business

6:05 (10 min.)

9. Celebration

6:15 (5 min.)

10. Adjourn

6:20

writing and in the hands of the Board members at least three to five days prior to the meeting. This is especially important because the management report will undoubtedly include items that require action by the Board. The manager should contact each Board member prior to every meeting to answer any questions that have been raised regarding the report and issue clarifications as necessary so that when the meeting is called each member is prepared to make responsible decisions based on the information provided. Agendas Nearly all Boards use an agenda; however, keeping to the published agenda is often difficult. A method needs to be found to keep the meetings on time and focused. The most effective tools for this process are Robert’s Rules of Order or some other form of parliamentary procedure and a “timed agenda”. First, let’s examine the basics of Robert’s Rules. But before we begin let me say that the effective use of Robert’s Rules does not require anyone to be a parliamentarian and more importantly Robert’s Rules are merely a guideline to an effective meeting and the decision making process—they are flexible. However, certain of the rules can be very useful in any meeting. For instance, no discussion should take place about any item without a motion and a second being made to adopt or reject the item. Remember that time is our most valuable asset. Too many times lengthy discussion is held on a particular topic that is of only marginal interest to the group as a whole. If this simple rule is adopted you may find your meeting taking on much more business-like tone and therefore a more productive content. Additionally discussion is not an unlimited forum for the members to express their opinions. The President has the power to limit discussion on any topic by announcing that, “Discussion will be limited to one round of comments by each member.” This will guarantee that each Board member may be heard if they so desire while limiting the informal filibuster that can be a problem in some meetings. Discussion

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Professional Association Management

Jose A. Villegas, PCAM, CMCA, AMS 6842 North Sam Houston Parkway W., Houston, Texas 77064 Phone: 832-678-4500 Fax: 281-598-4487 Jose@sterlingasi.com www.sterlingasi.com

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One Hour Board Meeting (Continued from page 25) should never be allowed to wander from the topic at hand, nor should too much repetition be permitted. If a member has nothing new to add to the discussion they should be encouraged to say that they agree with whatever opinion has already been expressed and the discussion should move on. In all cases it is the President or Chair’s responsibility to see that Robert’s Rules are implemented at the meeting. This can be difficult and politically sensitive because no one likes to appear as though they are foreclosing someone else’s ideas. To make the task of keeping the meeting on track and on time easier, it is a good idea to employ the use of a “timed agenda”. A timed agenda simply lays out the approximate length of the meeting and the time which will be allotted each report or item for discussion. (Its simplest form is illustrated on the left.) There are certain tools that can be used to assist in the process of the timed agenda. The President should always come to the meeting with a gavel. The gavel is the symbol of authority in a business meeting and sets a psychological mood in each member. The President can also appoint an official timekeeper who will gently remind the members of the time or that time has run out to discuss a particular item. A good tool to gently remind the Board of the importance of the clock is an hourglass or large timepiece placed directly in the middle of the table. This will assure constant awareness of the need for efficiency on everyone’s part. We have left out one essential element to the Board meeting success. That is celebration. Prior to every adjournment someone should state the reasons the meeting was successful. There is always a reason even in the worst of meetings. No one was killed, no one went to jail, no one went bankrupt and, very likely, no physical violence took place. There is always a reason to celebrate. Ending on a high note is one of the most important responsibilities of the Board. It provides a reason to come back and allows for positive success. Homeowner Input Many State legislatures have passed bills requiring associations to allow homeowner input at Board meetings. They usually include language allowing the Board to restrict the amount of time any member would be allowed to speak on a topic. Input from the homeowners is an invaluable tool in the decision making process. To accommodate homeowner input the Board should establish a Homeowners Open Forum which commences immediately after the Call to Order. As you can see, there is no place on the agenda for homeowner input. The purpose of the forum is to hear the residents’ opinions on any issue they find important. The Board should listen carefully, take notes and respond only, (and then briefly) if a direct question is asked. An often heard response to request for action at these meetings is, “Thank you for bringing this issue to our attention. We will consider it between now and the next meeting and will take appropriate action. We will keep you informed of progress and may ask your advice if it looks as though we will be voting on this issue at the next meeting. Again, the purpose of the forum is to allow the owners access to the process and the Board members. When it is time for the meeting to begin the President should thank all homeowners for attending the forum, invite them to stay to watch their representatives in action and remind them that during the balance of the meeting the Board will conduct its business and only the Board is allowed to participate. The purpose of the Board meeting remains for the Board to conduct the business of the association and it falls only to them to decide the various issues. Thank the homeowners again for coming and sound the gavel to move the meeting along to the next item on the agenda.

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Elements of a Successful Board Meeting

• Hold a homeowner’s forum to accommodate member input. • Hold meetings at a regular time and on a regularly scheduled date. • Use a timed agenda. • Appoint a timekeeper. • Do not read the minutes of the previous meeting aloud. All members should have these in advance and simply move for corrections or approval. • Use parliamentary procedure. • Allow no business to be discussed without a motion and second. • Do not discuss informational items; merely point out where they may found in the written reports. • Celebrate! • Adjourn on time regardless of your place in the agenda. Board Meeting Follow-up Each Board member should be given an action list following each meeting which details not only the action he or she is expected to perform but all actions that will be taken as a result of the meeting. This becomes the Boards ongoing action calendar and should be reviewed at each meeting. In addition, any legal actions that were taken should be implemented from the various action lists. These will include collections, executed contracts, rules and covenant enforcement, etc. The Secretary should catalogue each resolution that was adopted and place it in the association’s book of resolutions for easy access at subsequent meetings. The Secretary will also be responsible for including all approved minutes in the corporate record book of the association. This is an important document that must be updated each month. It is the official legal record of the corporation and should always be kept current. Finally, a copy of the minutes should be sent to the association’s attorney to keep them advised of the actions of the Board. The Board should also send a report to the homeowners that summarizes actions that were taken and discussed and either post these or publish them in the newsletter. Some associations publish the minutes of the meeting, but this not always necessary or helpful. The Treasurer should also publish the Treasurer’s report for the homeowners. One of the most effective methods would be the newsletter unless there are specific other legal requirements. Conclusion The meeting process of an association involves many elements. To be successful each of these need to come together at appropriate ways and times. It is possible to meet without considering any of these elements; however, the chances for success are greatly diminished. Each meeting sends its own subliminal supportive communication to the members. Following the above outlined steps should assist you and your community in alleviating many of the pitfalls which can destroy good group process. If you try the methods above, and they don’t quite work the first few times, don’t be discouraged. There may be much that needs to be unlearned before you can be successful. As I mentioned earlier, old habits and behavior patterns are not easily changed. However, if you put out the effort, are patient and persistent in the end you will be successful. The community can’t help but prosper on all levels as a result. Good meeting process is in the interest of everyone. u


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RESEARCH MATTERS: HOW CUTTING CORNERS IN LEGAL RESEARCH COSTS COMMUNITY ASSOCIATIONS By Brady Ortego, Roberts Markel Weinberg Butler Hailey, P.C. Community associations and the management companies that serve them sometimes end up as co-defendants in unwanted litigation. Our firm has represented management companies, managers and associations in these matters in an exceptionally large number of cases. We learn from the benefit of hindsight in these cases. Seemingly trivial oversights or cost/time saving techniques are often the root of an association and its management company being co-defendants in unwanted litigation. Community association lawyers play an integral part in reducing the potential occurrence of unwanted litigation against community associations and the management companies that serve them. Title and bankruptcy searches are two simple research protocols that your community association lawyers should implement with each step in collection and compliance processes. Title Searches Have you ever heard of a community association foreclosing against the incorrect owners? Have you ever wondered how on Earth it could happen? Reliable title research necessary to ensure that it does not happen takes mere minutes. Nonetheless, I understand that many folks in the community association industry, lawyers included, rely on questionable resources rather than confirming record title through the most accurate resources. Each time a collection or compliance step is taken record title to the property should be verified. In many instances, the appraisal district records are used as the sole resource for determining ownership. While these records can be a good resource for finding alternate addresses, appraisal district records are not determinative of record title to real property. Appraisal districts often wait until it is time to bill or collect before checking title and updating their records. This means that appraisal district records can be inaccurate for weeks or even months. The potential risk to the association and its management company is that a demand for collection or compliance may be sent to the incorrect party or address. The best case scenario is wasted time and resources of the community association and management team. The worst case scenario is disclosure of a debt to unauthorized third party and/or foreclosing on the incorrect owner. A suit against the community association, management company and possibly the manager for violation of the federal and state debt collection laws and a wrongful foreclosure is born. The only source for current record title is the real property records of the county in which the property is located. Many counties grant access to these records with “unofficial” documents available at no charge. For counties that do not grant this type of access, subscriptions to the databases and/or vendor charges for title work are affordable and worth it.

If title searches are not performed at each step, association resources and time are wasted. I also understand that some chose to first check title in real property records at the foreclosure step. With the notion that the title records show a different owner compared to the appraisal district records, any demands sent by legal counsel would have to be resent to the correct party: money and time lost. The amount of protection gained from a quick and affordable title search is immeasurable and good insurance against unwanted litigation. Check with your legal counsel to ensure that your management company and community associations are protected by reliable title searches. Bankruptcy Searches Most of us in the industry are aware of the notion that all collection activities must stop when an owner files for bankruptcy protection. What many do not know is the true cost to a community association and/or management company if a collection notice or even a simple statement is inadvertently sent to a debtor in bankruptcy. A short time ago, settlements in stay violation cases averaged $3,000. These days, settlements in these cases are hovering around $7,000. I have even heard of settlements in the $15,000 range. Yes, one collection notice or a statement with a pre-petition balance can result in a demand against the association and/or management company for these amounts. With large portfolios and automated procedures, flagging protocols and communication protocol with legal counsel are a must to prevent a violation of the automatic stay and painful settlement checks. By filing for bankruptcy, an automatic federal mandate to stop all collection activity surrounds the debtor. The automatic stay is a federal court order. Make no mistake, despite its automatic nature federal bankruptcy judges hold the automatic stay sacrosanct. Bankruptcy judges will send the appropriate message to any creditor that the judge feels does not implement protocols to prevent even seemingly harmless violations of the automatic stay. It is a strict liability standard so the fact that the notice or statement may have accidently gone to the debtor does not matter. If a notice is sent to a debtor in bankruptcy, the automatic stay has been violated. When a debtor files for bankruptcy, in my experience, notice may be sent to the community manager, board of directors, and/ or legal counsel. In some instances, bankruptcy counsel fails to send notice to anyone that is part of the association team. Given the unpredictable and various ways that a bankruptcy notice may be sent to the association, it is imperative that you formulate a strategy for handling notifying all levels of the community association team. Lawyers and community managers should decide on

(Continued on page 33)

Homeowner Hotline The Greater Houston Chapter of the Community Associations Institute (CAI) has launched the free HOA Hotline, which is a resource for homeowners owning homes/units in condominium, townhome and subdivision community associations and have questions about the operations of their association. The Hotline is staffed with local non-attorney experts knowledgeable in community association best practices. Homeowners can contact the Hotline by calling 832-251-1874, or via email at hoahotline@caihouston.org We urge homeowners to take advantage of this FREE Resource.


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tion’s legal counsel performs the proper research to avoid being a defendant in unwanted litigation against the community association and/or management company. u

Research Matters (Continued from page 29) the best protocol for communication of bankruptcy filings. Board members and community managers should communicate notice of bankruptcy filings to legal counsel. If legal counsel is the only party noticed of the bankruptcy, then counsel should notify board members and the community manager. Checking the bankruptcy status as part of each step of the collection or compliance process falls on the shoulders of legal counsel. Checking bankruptcy status is not the duty or concern of the board members or community manager. Their duty is to notify legal counsel and properly flag the account to prevent notices and statements from the management or board level. Lawyers can obtain access to a nationwide government website that will have every bankruptcy filed in the United States. Like the record title searches, bankruptcy checks by lawyers are quick, affordable, and worth the time. The protections extended to community associations and management companies are invaluable considering that one letter can result in a settlement payment by the association and/or management of $7,000 or more. In conclusion, collection and compliance demands from community association lawyers should be founded in title and bankruptcy searches. With the electronic era we live in, these searches are efficient, reliable, and preserve precious community association resources. Any time or money saved by avoiding title and bankruptcy status research in the proper databases is expended tenfold in the defense of a suit against the community association and management company. Ensure that your community associa-

Brady E. Ortego is a shareholder at Roberts Markel Weinberg Butler Hailey PC. Roberts Markel Weinberg Butler Hailey PC has extensive experience in the area of community association law and state of the art technology, all while providing the highest level of personalized service to each of our clients.

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CAI Resource Library Community Associations Press, the publishing division of Community Associations Institute, is dedicated solely to publishing the very best resources available for community associations. It publishes the largest collection of books and guides on community associations available today. CAI members receive 40% off the retail price on publications in their catalog. For additional information about the available titles or to order online, please visit www.caionline.org/bookstore.cfm. You’ll find the complete table of contents for most books, and in some cases, lists of charts, tables and sample documents contained in the book. Conducting Meetings, 2nd ed. A Guide to Running Productive Community Association Board Meetings Proper preparation is the key to productive meetings. Do you know the best place to hold a meeting, and how to stay on the agenda? Do you know how to take meaningful minutes and when and how resolutions should be used? Chapters on tape recording meetings and conducting executive sessions answer some common questions about what’s practical and what’s appropriate. Of particular interest are tips on effective ways to deal with difficult people and situations that arise in community association meetings. Chapter 1—Proper Meeting Preparation Chapter 4—Tape Recording Meetings ISBN: 978-1-59618-003-1 2006, 66 pages 2nd edition Author(s): Various Editor(s): MJ Keats Item #: 0031 Retail: $22.00 CAI Member: $13.20

Chapter 2—Staying on Course Chapter 5—Executive Sessions

Chapter 3—Taking Meeting Minutes


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CAI C.A.R.E.S. WINNER 4th Quarter 2013 Thanks to the National Night Out campaign, CAI Cares received multiple submissions for the last quarter of the year. A number of Associations sponsored National Night Out gatherings. Several Associations turned the event into an opportunity to provide a service to their communities. Out of the submissions CAI Cares received, two communities stood out and the committee was unable to pick between the two, so, we are ending 2013 on a high note and awarding Fourth Quarter recognition to both communities. Canyon Gate at Northpoint in Tomball, TX, celebrates National Night Out annually and has over 500 attendees. The community combines the celebration with a food drive and employs several creative ways to encourage donations of food items; such as holding a raffle with the price of the raffle ticket being a food item donation. The Village at High Meadow Community Association in Magnolia, TX has held annual fund raising events for the past five years. This year the event was held on October 6. On October 9, the community presented the Magnolia Volunteer Fire Department with a check for $2358. Village at High Meadow is a relatively small community with 100+ homes, however, their small size did not stand in the way when

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it came time to support their community by providing needed funds to the Magnolia Volunteer Fire Dept. Congratulations to both Canyon Gate at Northpoint and Village at High Meadow Community Association for being our CAI Cares Fourth Quarter winners. They are a shining example for all of us to follow. u


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M-100

April 10-12, 2014 Sheraton Brookhollow 3000 N. Loop W. Houston, Texas 77092

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Successful community management starts with the essentials! This comprehensive community association management course provides a practical overview for new managers, an essential review for veteran managers and an advanced course for board members. You’ll receive a 400-page participant guide filled with dozens of sample forms and time-saving tips for working with homeowners, vendors, managers and other professionals. Successful completion of this course is the first step in obtaining a professional designation in community association management. ADVANCE REGISTRATION IS REQUIRED Call (888) 224-4321 (M–F, 9–6:30 ET) or visit www.caionline.org/pmdp.


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NEW MEMBERS Business Partners

Mr. Austin Bauer American Sports & Concrete, LLC 1902 Karbach St Houston TX, 77092-8430 (281) 850-7535 Mr. Christopher Braughton CMC Maintenance Services 23515 Cypresswood Dr Spring TX, 77373 (832) 482-9552 Mr. Cris Rasco, Esq. Rasco Law Firm 2709 Texas Ave Texas City TX, 77590-8258 (409) 750-0436 Ms. Carla Sebesta Texas Landscape Group 12955 South Fwy Ste D11 Houston TX, 77047-1955 (832) 316-4600

Community Association Volunteer Leaders Mrs. Patti Richardson Mr. Anthony W. Sidney

Chimney Hill Community Association Mr. Paul Clapper Cypress Terrace Homeowners Association Mr. Michael Barrea Spring Creek Forest Civic Association Mrs. Deb Betts Williamsburg Hamlet Maintenance Association Ms. Alix M. Cabarcas

Multi Chapter Business Partners Mr. James Garner Nabr Network 16301 Quorum Dr Ste 200B Addison TX, 75001-6871 (972) 738-0247

Ms. Kara Brown Perma-Pier Foundation Repair of Texas 3574 W T C Jester Blvd Houston TX, 77018-5047 (713) 849-9975 Mr. Bill Anderson SunTerra Landscape Services PO Box 80949 Austin TX, 78708-0949 (512) 834-0123

Management Companies

Ms. Donna Whittington Complete Management, Inc. 11810 Cypress North Houston Rd Ste D Cypress TX, 77429-4081 (281) 469-1057

Managers

Miss Dami Adekunle 2400 McCue Rdc/o Management Office Houston TX, 77056-5106 (713) 550-9595 Mr. Wayne Douglas Murray 2411 Hartman Dr Sugar Land TX, 77478-6055 (281) 240-9644 Ms. Hayley Harkins Crest Management Company, Inc. 17171 Park Row Ste 310 Houston TX, 77084-4935 (281) 945-4633 Mrs. Leanne Gradel FirstService Residential 2204 Timberloch Pl Ste 180 The Woodlands TX, 77380-1192 (281) 681-2000


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RENEWED AND REJOINED MEMBERS Business Partners

Ms. Mallory Garrison Always In Season Decorating Services, Inc. 701 E 6th 1/2 St Houston TX, 77007-1703 (713) 681-1414 Ms. LaRonda White Brookway Horticultural Services, Inc. 7935 Fairbanks White Oak Rd Houston TX, 77040-4421 (713) 466-1420 Mr. Craig Littlefield CL Sports 10982 Lake Forest Dr Conroe TX, 77384-3270 (713) 550-2846 Mr. Alan Debarbieris Cotton Commercial USA, Inc. 3600 Brittmoore Rd Ste 190 Houston TX, 77043-1190 (713) 849-9300 Mr. Jeff Schroeder Embark Tree and Landscape Services 2700 Palo Pinto Dr Houston TX, 77080-3845 (713) 462-3261 Ms. Kelly O’Conner GameTime by Total Recreation Products 12022 Knigge Cemetery Rd Ste C Cypress TX, 77429-3756 (832) 237-3100 Mr. Brian Febbo Hamilton Steele Outdoor Accents 10800 Northwest Fwy Houston TX, 77092-7304 (281) 415-5190 Ms. Kim Butler Hou-Scape, Inc. PO Box 2449 Cypress TX, 77410-2449 (281) 579-6741 Mr. Stewart Masterson, CMCA Kilowatt Partners, Inc. PO Box 518 Kemah TX, 77565-0518 (713) 589-5842 Mr. Greg Ralph Ralph & Ralph, PC 1 Greenway Plz Ste 320 Houston TX, 77046-0001 (713) 623-4514

Mr. Jason Jesko The Urban Foresters 16107 Kensington Dr # 139 Sugar Land TX, 77479-4224 (832) 776-9066 Ms. Donna Tuttle Tuttle Construction 10205 Windfern Rd Houston TX, 77064-5814 (713) 983-8422 Mr. Troy Goodell WaterLogic, Inc. 510 Bering Dr Ste 300 Houston TX, 77057-1400 (713) 983-9555 Mr. Warren Loomis B D Elliott Companies, Inc. 5090 Richmond Ave # 337 Houston TX, 77056-7402 (713) 545-2342 Mr. Sean M. Hare Greater Houston Pool Management, Inc. 12227 Old Huffmeister Rd Cypress TX, 77429-3219 (713) 771-7665

Community Association Volunteer Leaders

Point Lookout Estates Homeowners Association, Inc. Mr. Louie Matthews Mrs. Rose Perez Mr. Floyd Wray Westwind Townhomes Association Mr. Jeff Douglas, PCAM Board Member White Oak Ranch Homeowners Association, Inc. Mr. Larry Hoes Mr. Ron Toole Moritz Village Townhomes Association Ms. Cathy Knapp Willowick Condominium Association Ms. Lisa Murillo Woodway Place Atrium Condominium Ms. Susan Howard Silverman Ms. Dianne H. Gager, CPA

Multi Chapter Business Partners

Mr. Jeff Higgins McKenzie Rhody and Hearn, LLC 10457 Park Meadows Dr Bldg 2 Ste 101 Lone Tree CO, 80124-5304 (214) 624-5130 Mr. Ron Vernon PaveCon, Ltd. PO Box 535457 Grand Prairie TX, 75053-5457 (281) 570-8040 Jacque Martin Reserve Advisors, Inc. 735 N Water St Ste 175 Milwaukee WI, 53202-4100 (800) 221-9882

Management Companies Ms. Mary Kay Thompson, CMCA HOA Professionals, LLC PO Box 56349 Houston TX, 77256-6349 (832) 208-9357 Mr. John M. Hughes JDH Property Management Co. PO Box 96046 Houston TX, 77213-6046 (281) 457-5341 Mr. Collins F. Oakley KRJ Management, Inc. 1800 Augusta Dr Ste 200 Houston TX, 77057-3130 (713) 783-4640 Ms. Stacy Jacob Leyendecker Management Services, Inc. PO Box 420066 Houston TX, 77242-0066 (713) 975-6600 Mrs. Arantza Vela, CMCA Magnolia Property Management, Inc. 520 Pecan Blvd McAllen TX, 78501-2357 (956) 630-4225 Ms. Shirley Austin MASC Austin Properties, Inc. 945 Eldridge Rd Sugar Land TX, 77478-2809 (713) 776-1771


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RENEWED AND REJOINED MEMBERS Ms. Tammy I. Evans, CMCA, AMS, LSM, PCAM Planned Community Management, Inc. 15995 N Barkers Landing Rd Ste 162 Houston TX, 77079-2471 (281) 870-0585 Ms. Peggy M. Rapp, CMCA, PCAM Rapp Management Company, Inc. 1703 Broadway St Galveston TX, 77550-4910 (409) 763-4323 Mr. Jose A. Villegas, CMCA, AMS, PCAM Sterling Association Services, Inc. 6842 N Sam Houston Pkwy W Houston TX, 77064-3528 (832) 678-4500

Managers

Mr. Gary C. Mangold 3923 San Felipe StC/O River Oaks Property Owners, Inc. Houston TX, 77027-3928 (713) 622-3195

Devyn D Harris FirstService Residential 2204 Timberloch Pl Ste 180 Spring TX, 77380-1192 (936) 537-5081 Ms. Margaret McKay, CMCA Houston Community Management 17049 El Camino Real Ste 100 Houston TX, 77058-2611 (832) 864-1200 Mr. John Christopher Irwin Irwin Community Management PO Box 6544 Katy TX, 77491-6544 (281) 802-4365 Ms. Amy Brumit, CMCA, AMS Lone Star Association Management, Inc. 2700 N Cotswold Manor Dr Kingwood TX, 77339-1515 (281) 348-2155

Ms. Diana L. Barak, CMCA, PCAM 89 Lakeside St Trinity TX, 75862-8940 (936) 591-0381 Ms. Myla Chandler, CMCA, AMS, PCAM Planned Community Management, Inc. 16337 Park Row Houston TX, 77084-5109 (281) 870-0585 Mrs. Erica Slater Principal Management Group of Houston 23422 Stratsborough Dr Katy TX, 77494-7011 (713) 329-7105 Mr. Joseph A. Ristuccia, CMCA, AMS, PCAM The Cinco Associations, Inc. 6619 Addicks Clodine Rd Houston TX, 77083-1233 (281) 870-0585

Ms. Susan Rash, CMCA, AMS New Territory Residential Community Association 6101 Homeward Way Sugar Land TX, 77479-5042 (281) 565-0616

Ms. Nancy McReynolds The Mercer 3388 Sage Rd Houston TX, 77056-7238 (713) 572-8700

Mr. Raymond Tirado 5100 San Felipe St Houston TX, 77056-3600 (713) 552-1000

Ms. Patti Tine, CMCA, AMS, PCAM Preferred Management Services PO Box 690269 Houston TX, 77269-0269 (281) 897-8808

National Business Partners

Ms. Mary Libby Hodges, CMCA C.I.A. Services, Inc. 17507 Heritage Cove Dr Webster TX, 77598-3118 (832) 492-5443

Ms. Mindy Dent, CMCA, AMS Principal Management Group of Houston 11000 Corporate Centre Dr Ste 150 Houston TX, 77041-5179 (713) 329-7100 (7155)

Ms. Kay Serventi, CMCA, AMS Chaparral Management Company PO Box 681007 Houston TX, 77268-1007 (281) 537-0957

Ms. Deidra Tankersley Sienna Plantation Residential Association, Inc. 9600 Scanlan Trce Missouri City TX, 77459-6543 (281) 778-3739

Ms. Alfreda Raymond, CMCA, AMS 3639 Apple Dale Dr Houston TX, 77084-7080 (713) 520-8770

Mr. Mat Townsend Fifty-Fifty Woodway Owner’s Association 5050 Woodway Dr Houston TX, 77056-1763 (713) 621-0884 Ms. Lexina S. Hahn, CMCA FirstService Residential 11200 Richmond Ave Ste 650 Houston TX, 77082-2714 (713) 600-3453

Mrs. Rebecca Malarcher Sterling Association Services, Inc. 6842 N Sam Houston Pkwy W Houston TX, 77064-3528 (832) 678-4500 (217) Mr. Chiu Tso Sterling Golden Star Retail Condominium Association 8989 Westheimer Rd Ste 319 Houston TX, 77063-3609 (832) 878-0033

Ms. Sylvia Tagle Ian H. Graham Insurance 15303 Ventura Blvd Fl 12 Sherman Oaks CA, 91403-5817 (818) 742-1430

Mr. William F. Hession, AMS, PCAM Popular Association Banking 5204 Summit Knoll Trl Sachse TX, 75048-2616 (214) 326-8663 Ms. Tracy Stephens Union Bank Homeowners Association Services 3320 Holcomb Bridge RdMC V00-69C Norcross GA, 30092-3240 (678) 405-1759 Ms. Jennifer Poindexter Association Capital Bank, a Division of Texas Capital Bank 1 Riverway Ste 2100 Houston TX, 77056-1905 (832) 308-7055


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M-204

February 6-7, 2014 Shearton Brookhollow 3000 N. Loop West Houston, Texas 77092

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community governance Learn how to avoid legal problems and gain cooperation when establishing guidelines. This course covers the legal basis of community rules, policies and procedures. You’ll gain a better understanding of board and man agement responsibilities and a better grasp of the community asso ciation as a legal entity. Learn how to advise and support your board and how to revise policies and procedures to comply with current laws and recommended management practices. ADVANCE REGISTRATION IS REQUIRED Call (888) 224-4321 (M–F, 9–6:30 ET) or visit www.caionline.org/pmdp.

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Your Complete Tree Care Company

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COMMITTEE CHAIR CONTACT INFORMATION GREATER HOUSTON CHAPTER COMMUNITY ASSOCIATIONS INSTITUTE 2014


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Index of Advertisers

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AAA Plumbers............................................................ 40 Alliance Association Financial Services.......................... 49 Association Capital Bank............................................. 55 Associations Insurance Agency, Inc............................... 44 Aurora Design, Inc...................................................... 37 Barry M. Wuntch, LLP.................................................. 40 Bartley & Spears, P.C.................................................. 18 BB&T Association Services........................................... 26 Best Plumbing............................................................. 52 Brady, Chapman, Holland & Associates, Inc................... 18 Brick Restoration, Inc................................................... 17 Brookway Horticultural Services.................................... 37 C.I.A. Services............................................................ 24 Canady & Canady, P.C................................................. 9 CertaPro Painters, Ltd.................................................. 22 Chaparral Management Company, Inc., AAMC............. 22 Creative Management Company.................................. 49 Crest Management Company, Inc., AAMC...................... 9 D & C Contracting, Inc................................................ 44 Daughtry & Jordan P.C.................................................. 7 Earthcare Management, Inc......................................... 38 Embark Tree and Landscape Services............................ 49 FirstService Residential................................................. 56 Gallagher Insurance.................................................... 49 Gravely & Pearson, L.L.P.............................................. 24 Greater Houston Pool Management................................. 5 High Sierra Management, Inc., AAMC.......................... 18 Hoggatt LP................................................................. 37 Holt & Young, P.C................................................... 2, 55 Hoover Slovacek, LLP................................................... 34 I.M.S. Landscape Services, Inc..................................... 32 Joseph H. Stoller, CPA................................................. 18 Kraftsman Playground and Waterparks.......................... 26 KRJ Management, Inc.................................................. 53 Lake Houston Lawn Care, Inc........................................37 Lambright & Associates, PLLC........................................17 Meyer Smith, Inc.................................................................... 37 McKenzie Rhody and Hearn, LLC............................................. 40 Mutual of Omaha Bank/CAB/CondoCerts........................... 40 Nabr Network............................................................ 44 North Law, P.C........................................................... 15 Pampered Lawns......................................................... 37 Planned Community Management, Inc., AAMC.............. 40 Pools by Dallas, Inc..................................................... 39 Popular Association Bank............................................. 18 Preferred Management Services, AAMC........................ 33 Prism Electric, Inc........................................................ 37 Property Services.......................................................... 9 RealManage............................................................... 37 Reserve Advisors, Inc................................................... 53 Roberts Markel Weinberg Butler Hailey, PC......... 35, 46-47 SCS Management Services, Inc.................................... 17 Silversand Services..................................................... 37 Simich Law Firm, PC.................................................... 26 Sterling Association Services, Inc.................................. 26 Summit Landscape Services, Inc.................................... 24 Ted W. Allen & Associates, Inc..................................... 17 Terra Management Services......................................... 28 Terry’s Landscape and Design....................................... 37 The Urban Foresters..................................................... 37 Treece Law Firm.......................................................... 37 TriQuest Management Services....................................... 8 Tu, Payne & Associates, PLLC........................................ 22 Tuttle Construction....................................................... 53 Union Bank Homeowner Association Services................ 32 VanMor Properties,Inc................................................. 37 WaterLogic, Inc..................................................... 30-31 WCA Waste Corporation............................................ 37 Willis of Texas, Inc...................................................... 34

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EXECUTIVE DIRECTOR’S NOTEBOOK Stephanie Ferrante Executive Director of Greater Houston Chapter, Community Associations Institute Every year the members of our chapter amaze and delight us. We created some new experiences this year. A legal committee was formed, headed by Austin Barsalou. A team of lawyers met at a Mexican restaurant and shared a vision to help educate the chapter, and our legal seminar was born. I was so impressed with this group, how they so freely shared and created a new event for the chapter. If you didn’t get an opportunity to join us, the group presented on Bankruptcy, How the 2011 Legislative Changes are working in our lives, Lessons learned from the Trayvon Martin case and held a Q&A Panel. We can look forward to another Legal Seminar in 2014 as these great minds get back together. We answered a call from our Spanish Speaking Community when Margey Meyer, PCAM and her Public Relations committee discovered that a Spanish Speaking Station

“Univision” had run a segment on HOA’s. Margey’s group got together and hosted a phone bank, in Spanish, for the station. The chapter shaped our own Toastmasters Club, CAI Champions. Meeting every other Friday morning, Toastmasters share stories, work on various leadership roles and become better listeners and communicators. We’ve worked closely with Habitat for Humanity this year, helping them transition from “Developer” control to a homeowner board. Lessons were well learned on both sides in this exchange. A bus was filled with CAI members wearing red, and we ascended on the Capital steps to support positive HOA’s in the state of Texas. We were fortunate to meet with the City of Houston as they prepared an ordinance on Hoarding in the City and have formed an alliance with Crime Stoppers. Working with these organizations, we can improve

the lives in all of our communities. In addition, our committees worked tirelessly to bring the events and publications we all enjoy. We welcome new members to the Board this year. A number of qualified candidates were interested in service. We thank you for your willingness to volunteer for the board and look forward to your continued support. Members of the board serve three year terms, so there will be more positions open in 2015. As we look into 2014, please know that the Board of Directors and Staff are open to new ideas on how we can improve the chapter going forward. Each of these new experiences was once someone’s small idea. Together, through teamwork and dedication, we can take that small idea and make it happen. If you have a new idea, please share it with us. I’m looking forward to what we can create in 2014. u


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