Quorum November 2018

Washington Metropolitan Chapter Community Associations Institute

NOVEMBER 2018

A Magazine for Community Association Volunteer Leaders, Professional Managers and Business Partners

conflict Resolution ALSO IN THIS ISSUE

____________________________ HUD Says You Are Your Neighbor’s Keeper ____________________________ Covenant Violation Hearing Best Practices ____________________________ Code of Conduct for Boards ____________________________ Not All Conflict is Bad

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2 | QUORUM

New name.

Same commitment.

NOVEMBER 2018

­CONTENTS 14 How to Handle Conflict in our Everyday Lives

BY DYLAN M. BATES AND IZABELA SOLOSI

18 Mediation, Arbitration & Litigation: A Comparison for Community Associations

BY PATRICK J. EWING, ESQ.

20 Commissions on Common Ownership Communities

BY AIMEE WINEGAR, CMCA, AMS, LSM, PCAM AND NICOLE WILLIAMS, ESQ.

22 Without Communication, Conflict is Inevitable

BY HEATHER S. GILLESPIE, ESQ.

24 HUD Says You Are Your Neighbor’s Keeper

DEPARTMENTS AND MORE 5 Message from the President 6 Chapter Benefactor: King Contracting 7 Chapter Benefactor: Rees Broome, PC 9 Welcome New Members 10 Upcoming Events 13 People & Places 36 Classifieds 37 Index to Advertisers 38 Cul-de-sac: Season Your Words

BY WIL WASHINGTON, ESQ.

26 Fair Housing and Conflict Resolution Regarding Community Associations

29 Covenant Violation Hearing Best Practices

To optimize the operations of Community Associations and foster value for our business partners.

BY MICHELLE BAQUERO, CMCA, AMS AND JESSICA SCHROEDER

31 Code of Conduct for Boards

BY MICHELLE BAQUERO, CMCA, AMS

32 How Important is Transparency?

BY KARA PERMISOHN

34 Not All Conflict is Bad

WMCCAI MISSION STATE­MENT

BY MARGARET S. SQUIRES

BY CRISHANA L. LORITSCH, CMCA, AMS, PCAM

Reader comments and suggestions are welcome. Address your comments to: Quorum 7600 Leesburg Pike, Suite 100 West Falls Church, VA 22043

We also wel­come ar­ti­cle sub­mis­sions from our ­members. For author guide­lines, call (703) 750-3644 or e-mail publications@caidc.org.

Articles may be edited for length and clarity.

NOVEMBER 2018

|3

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S E R V I N G WA S H I N G T O N D C, M A R Y L A N D, V I R G I N I A A N D N E W E N G L A N D

People you can count on. Experience you can rely on.

President Sarah Gerstein, CMCA, AMS, LSM, PCAM President-elect Rafael A. Martinez, CTP Vice President Airielle Hansford, CMCA, AMS, PCAM Secretary Michael Gartner, ESQ. Treasurer Kristen Melson, CMCA, AMS, PCAM Immediate Past President Bruce H. Easmunt, ESQ. Executive Director Jaime Barnhart, CMP (EX OFFICIO)

D IRECTOR S Gordon Boezer, Thomas Burrell, Anthony Humphries, Ruth Katz, ESQ., Ted Ross, Todd A. Sinkins, ESQ., Stephen Wright, CMCA, AMS, LSM, PCAM

CO U N C I L C HAI R S Communications Council Leslie Brown, ESQ. Education Council Jennifer Bennett, CMCA, AMS, PCAM Member Services Bernie Guthrie, CMCA, AMS, PCAM

REFLECTIONS It’s never fun to admit, but I have failed. I failed on a promise I made to myself, to the board, to the volunteers, to the membership. At the start of my term, I set a goal to attend at least one meeting for every committee in my year as president. But, with ten active committees, commitments to the board, my full-time job, and personal commitments, I just couldn’t make it work. Conflict happens. Whether it’s a conflict of events or scheduling as in this case, or a conflict of personalities, goals, or opinions, we all deal with it. Thankfully, we can learn from conflict and in my case, the organization is made up of strong volunteers and staff members who continued to perform their functions, never missing a beat despite my lack of extra involvement this year.

FROM THE PRESIDENT

O FFICE R S

CO MM I T TE E C HAI R S Conference & Expo William Cornelius and Donna Aker, CMCA, AMS, PCAM D.C. Legislative/LAC Jane Rogers, ESQ. and Scott Burka, CMCA, AMS, PCAM Education Kevin A. Kernan, ESQ. and James Santos, CMCA, AMS Golf Adrienne Zalenski and David Crone, CMCA, AMS Maryland Legislative Thomas Schild, ESQ., CCAL Public Outreach Elisabeth Kirk and Sara Ross, ESQ. Membership Joe Inzerillo and Noni Roan Quorum Editorial Susan L. Truskey, ESQ. and Christopher Carlson Chapter Events June Chulkov and Lauren Kolb Virginia Legislative Ronda DeSplinter, LSM, PCAM and William A. Marr Jr., ESQ.

QU O RUM Managing Editor Morgan Wright, mwright@caidc.org Design Six Half Dozen

QU O RUM E DI TORI AL CO M M IT TE E Co-chairs Susan L. Truskey, ESQ. and Christopher Carlson, PE Members James Anderson, Michelle Baquero, CMCA, AMS, Adrian Blakeney, Mira Brown, CMCA, AMS, Leslie Brown, ESQ., Doug Carroll, Deborah Carter, CMCA, AMS, PCAM, Sara Castle, Sarah Foley, Stephen Grant, Scott Greges, CMCA, AMS, Shannon Junior, Kevin Kelly, Richard Kuziomko, CMCA, AMS, PCAM, Crishana Loritsch, CMCA, AMS, PCAM, Liliana Martinez, CMCA, AMS, Kirby McCleary, Thomas Mugavero, ESQ., Crystal Partin, CMCA, AMS, PCAM, Kara Permisohn, Brandi Ruff, CMCA, AMS, PCAM, Lauri Ryder, CIC, CRM, CMCA, Andrew Schlaffer, Chelsie Throckmorton, Olga Tseliak, ESQ., Lee Ann Weir, CMCA, AMS, Doug White, Nicole Williams, ESQ., Meagan Willis. Aimee Winegar, CMCA, AMS, LSM, PCAM, Jim Wisniewski, Michael Zupan, ESQ. Washington Metropolitan Chapter Community Associations Institute, a 501(c) (6) organization, serves the educational, business and networking needs of the community association industry in 80 cities/counties in Maryland, Virginia and the District of Columbia. Members include community association homeowner volunteer leaders, professional managers, association management companies, and other businesses and professionals who provide products and services to planned communities, cooperatives and condominiums. WMCCAI has more than 3,000 members including 300+ businesses, 1,100 professional managers from 85 management companies, and approximately 1,500 community association homeowners. WMCCAI is the largest of Community Associations Institute’s 62 chapters worldwide.

Quorum is the award-winning premiere publication of WMCCAI, dedicated to providing WMCCAI’s membership with information on community association issues. Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all presented facts in articles. WMCCAI does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. This publication is issued with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services and nothing published in Quorum is intended to constitute legal or other professional advice and should not be relied on as such. If legal advice or other expert assistance is required, the services of a competent professional should be sought directly by the person requiring such advice or services.

Articles appearing in Quorum may not be reprinted without first obtaining written approval from the editor of Quorum. In the event that such permission is granted, the following legend must be added to the reprint: Reprinted with permission from Quorum™ magazine. Copyright 2017 Washington Metropolitan Chapter Community Associations Institute. Quorum is a trademark of WMCCAI. Receipt of Quorum is a privilege of WMCCAI membership for which $65 in nonrefundable annual dues is allocated. The subscription price for nonmembers is $75 per year; contact publications@caidc.org or call (703) 750-3644.

To advertise in Quorum, e-mail publications@caidc.org.

For more information about Quorum or WMCCAI, visit www.caidc.org.

And what a year it has been for the chapter! In 2018, we continued to grow membership to numbers never before seen, held our largest Conference and Expo to date with the most attendees and exhibitors ever, hosted one heck of a successful host chapter party at Nationals Park for the Annual Conference with nearly 500 attendees, we were honored with a Chapter Achievement Award from CAI, co-hosted the 10th annual Virginia Leadership Retreat, added a job bank to our website, incorporated webinars into our educational offerings, and are currently working on an upgrade to our chapter’s CRM membership database that will make our website log-in functional once again.

We certainly could not have done this without the astonishing efforts of our various volunteers, contributors, and staff. The volunteers are the boots on the ground, working behind the scenes to bring you all the events, education, ideas, and parties. The contributors believe in the organization and support us through the partner program and sponsor our many events throughout the year. And of course, none of this would be possible without our hardworking staff.

As I serve out the final weeks of my term as President, I reflect on the last seven years I’ve spent on the Board. It’s been an extraordinary honor and a privilege to give back to the chapter and industry which have so firmly supported me throughout my career. Having begun working for a property management company in college, this industry has been the only career I have known, and it has embraced me fully as the educational opportunities provided by this organization have without a doubt fostered my personal development. I look forward to continuing to serve the chapter in my final year on the board in 2019 and beyond.

SARAH GERSTEIN,

CMCA, AMS, LSM, PCAM

Sarah is the General Manager of Broadlands Association Inc., a 3,800 unit homeowners association in Loudoun County, Virginia. She has been engaged in the management of community associations as a portfolio manager for some of the area’s top management companies since 2000 first as a portfolio manager before transitioning to large scale on site management in 2012. Sarah has been active in the chapter since 2004 and served on various committees during that time. She has authored articles in Quorum and presented at both local and national CAI education seminars. She was elected to serve on the Board of Directors in 2011, having served as Secretary, Treasurer, Vice President, and President-Elect. Sarah was named to Loudoun County’s Class of 2015 Top 40 Under 40 Business and Community Leaders and was a top 3 finalist in the National Manager of the Year Contest in 2018.

NOVEMBER 2018

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CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

King Contracting Let the professionals at King Contracting LLC help make your property look it’s best. We are an exterior renovation company creating new looks in commercial and residential communities in Northern Virginia and the Washington, DC metropolitan area. We specialize in working with community and homeowner associations, apartment and commercial property owners.

Since 1990, our work ethic and strong core values have solidified the foundation upon which our business is grounded.

High quality products, workmanship and customer service are just a few of the reasons King Contracting LLC has maintained its long-standing reputation in the Washington DC Metropolitan area.

At our company, we are committed to educating you in all of your project options. You are most likely to make the best decisions and assure the greatest success with your renovation investment when given the proper facts. Our experienced technical consultant is available to assist you in understanding your exterior renovation options.

Backed by more than two decades of experience, King Contracting takes pride in what we do and we consider ourselves professionals in our field. We want our customers happy and satisfied with their exterior renovations, both during our work and after the job is completed. Contact us and you will see how committed we are to serving you.

Company Name: King Contracting LLC Contact: Douglas King, President Address: 6872 Wellington Road City, State ZIP: Manassas, VA 20109 Telephone: (703) 393-8000 Fax: (703) 393-8018 E-mail: info@kingcontracting.net Website: www.kingcontracting.net Year Established or Incorporated: Est. 1990 LLC in 2004 • Certificate of Insurance: Yes • Bonded: Yes • Services Provided: Roofing, Siding, Gutters, Exterior Painting • Licenses Held: VA & MD State

Article Submissions:

Are you interested in sharing your experiences and expertise with our readers? Quorum magazine is always seeking new article ideas, submissions, and content. If you have an idea or would like to submit an article for consideration, please make sure you contact us before you begin writing to see what our upcoming themes are. Questions and interests should be directed to Morgan Wright at publications@caidc.org or by phone at 703.750.3644.

Advertising:

For advertising, availability, rates, and specifications, please contact Morgan Wright at publications@caidc.org. Targeted advertising in WMCCAI’s Quorum, opens the door to thousands of prospective customers and contacts in the community association industry.

6 | QUORUM

CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Rees Broome, PC Virginia and West Virginia Community Inquiries Kim O’Halloran-Perez, ESQ. 1900 Gallows Road, Suite 700 Tysons Corner, VA 22182 Phone: (703) 790-1911 Fax: (703) 790-5249 E-mail: kohalloran-perez@reesbroome.com Maryland Community Inquiries Peter S. Philbin, ESQ. 7101 Wisconsin Avenue #1201 Bethesda, MD 20814 Phone: (301) 222-0152 Fax: (703) 790-5249 E-mail: pphilbin@reesbroome.com D.C. Community Inquiries Todd S. Sinkins, ESQ. Phone: (703) 790-1911 Fax: (703) 848-2530 E-mail: tsinkins@reesbroome.com

Year Established or Incorporated: 1974 • Certificate of Insurance: Yes • CAI Member Since: 1984 • Areas You Serve: District of Columbia, Maryland, Virginia and West Virginia • Members of: The Virginia, Maryland and D.C. bar associations; the Montgomery, Fairfax, Arlington, Prince George’s and Prince William counties bar associations.

• Services Provided: Over its four decades of legal practice, Rees Broome PC has developed one of the largest bases of community association client representation in the nation.

Additionally, we specialize in civil litigation, corporate law, tax law, corporate bankruptcy, zoning and land use, Virginia Department of Transportation condemnation, employment law, and estates and trusts for business owners and individuals. Several of our partners have been named to regional and national “Best Lawyers” lists for consecutive years.

• Licenses Held: The Virginia, Maryland, District of Columbia and West Virginia bars • Company Philosophy: We utilize our training, experience and professional collegiality to provide responsive, cost-effective and quality legal representation.

Website: www.reesbroome.com

NOVEMBER 2018

|7

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WMCCAI proudly welcomes the following members who joined the chapter in September 2018.

Community Association Volunteer Leaders from the Following Associations Canterbury Riding Churchill View Condominium, Inc. Elizabeth Condominium Kentlands Citizens Assembly, Inc. Sumner Village Community Association Sutton Towers Condominium Talltree Gardens Condominium Association The Horizon Estates Association, Inc. The Oakton, A Condominium Westlight Condominium Individual Managers Afsheen Awan, Gates Hudson Community Management, AAMC Abby L. Dalton Steve Denutsui, SFMC, Inc., AAMC Tim Dorn, Abaris Realty, Inc., AAMC Darlene Harris Sherrie A. Manco, AMS Mirela Marmara, Gates Hudson Community Management, AAMC Kristin Moore, Summit Management Services, Inc., AAMC

Scott Purpura, Legum & Norman, Inc., AAMC Charity Rentzel, CMCA, Advanced Residential Management Christian Schatz, CMCA, Legum & Norman, Inc., AAMC Jocelyn St. Hilaire, Legum & Norman, Inc., AAMC Farida Umatan-Tyler, Summit Management Services, Inc., AAMC Marisa A. Velazquez Lisa Waters Kelly Wells, Legum & Norman, Inc., AAMC Claire Whiteman, Gates Hudson Community Management, AAMC

CHAPTER NEWS

Welcome New Members

Business Partner BOWA Castle Sprinkler and Alarm Service Environmental Enhancements, Inc.

NOVEMBER 2018

|9

UPCOMING EVENTS

NOVEMBER 3

Annual Awards Dinner 2018 – Royal Ball 6 p.m. – 11 p.m.

Kellogg Conference Hotel at Gallaudet University 800 Florida Ave. NW Washington, D.C. 20002

Join us as we roll out the red carpet for an evening of royalty at this year’s WMCCAI Annual Awards Dinner! Visit www.caidc.org for more details, or to register online. Sponsorship opportunities available.

NOVEMBER 15

Business Partner Essentials 1 p.m. – 4 p.m.

WMCCAI Chapter Office 7600 Leesburg Pike, Suite 100W, Falls Church, VA 22043

Business Partner Essentials, a CAI National created online course, will be offered as an in-person session by WMCCAI. Join Ursula Burgess, ESQ, from Rees Broome, PC, and Sarah Gerstein, CMCA, AMS, LSM, PCAM, with Broadlands Associations, Inc., as they help you better understand CAI, community associations, and the industry at large. Individuals who complete the course, pass the exam and maintain CAI membership earn the CAI Educated Business Partner distinction, gaining special recognition among thousands of companies and professionals who support common-interest communities. The online exam will be available to take immediately following the course. Please bring your laptop to the session. Class size is limited! Please visit www.caidc.org for more information or to register.

DECEMBER 6

Manager Essentials: I Want It All – Effective Bidding Explained 12:30 p.m. – 3 p.m.

WMCCAI Chapter Office 7600 Leesburg Pike, Suite 100W, Falls Church, VA 22043

Let technology help you lead the conversation on how to bid effectively. Use real time polling to direct the bidding process conversation. Join Chris Carlson, P.E., SECB, Chief Structural Engineer at Engineering and Technical Consultants, as he provides expertise on drafting an RFP, analyzing bid results, selecting bidders and contractors, then finalizing the contract. Lunch will be provided. This session is worth (3) three credit hours. Please visit www.caidc.org for more information or to register.

DECEMBER 13

Conference & Expo 2019: Exhibitor Success 101 2 p.m. – 4 p.m.

WMCCAI Chapter Office 7600 Leesburg Pike, Suite 100W, Falls Church, VA 22043

Join our panel of experienced Conference & Expo professionals to learn how to create traffic at your booth and find your personal success plan! This event is FREE. Registration is required. Light refreshments will be served. Class size is limited! Please visit www.caidc.org for more information or to register.

DECEMBER 18

WEBINAR: Why Buildings Fail 10 a.m. – 11 a.m.

ONLINE

Join Scott O’Connor Executive Vice President of ReStl Designers, Inc.as he provides an engineering-based overview of the mechanisms and types of exposure related to pre-mature aging and ultimate failure of commercial and residential structures. This session is worth (1) one credit hour. Please visit www.caidc.org for more information or to register.

FEBRUARY 23

SAVE THE DATE: Conference & Expo 2019 Walter E. Washington Convention Center 7600 Leesburg Pike, Suite 100W, Falls Church, VA 22043

WMCCAI’s Conference & Expo is the largest gathering of community association professionals in the D.C. Metro Area and is the largest event across CAI chapters worldwide. 2019 Conference & Expo will be held at the Walter E. Washington Convention Center on Saturday, February 23, 2019 with education sessions and over five hours of exhibit time. We have some special things planned to build excitement throughout the day on the show floor. Please visit www.caidc.org for more information or to register.

For more information on WMCCAI meetings or upcoming events, contact the chapter office at (703) 750-3644, email info@caidc.org or visit www.caidc.org.

10 | QUORUM

Business Partner Essentials

Business Partner Essentials, a CAI National created online course and will be offered as an in-person session by WMCCAI. Join Ursula Burgess, ESQ, from Rees Broome, PC, and Sarah Gerstein, CMCA, AMS, LSM, PCAM, with Broadlands Associations, Inc., as they help you better understand CAI, community associations, and the industry at large. Individuals who complete the course, pass the exam and maintain CAI membership earn the CAI Educated Business Partner distinction, gaining special recognition among thousands of companies and professionals who support common-interest communities.

The online exam will be available to take immediately following the course. Please bring your laptop to the session.

Class size is limited; register now!

When

Where

Who

How

Thursday, November 15, 2018 1:00 p.m. – 4:00 p.m.

Registration opens at 12:30 p.m.

WMCCAI Chapter Office 7600 Leesburg Pike, Suite 100 W Falls Church, VA | 22043

This program will benefit Business Partners

Visit www.caidc.org to register

Registration Rates Manager

Business Partner

MEMBER

$99

$99

NONMEMBER

$199

$199

7600 Leesburg Pike, Suite 100 West

E-mail: education@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

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12 | QUORUM­Delivering unsurpassed management and lifestyle services to communities worldwide.

PEOPLE & PLACES

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Benchmark Litigation focuses exclusively on the U.S. litigation market and conducts extensive interviews each year to identify leading lawyers in each state and nationally. The “highly recommended” listings identify the firms deemed “dominant” in the state, based on the interviews with clients and peers. Benchmark Plaintiff is a relatively new product, created in response to requests from potential clients searching for reliable analysis and recommendations of litigators doing prosecutorial work. The Benchmark resources are published by Legal Media Group/Euromoney PLC, which is one of the top financial and legal presses in Europe and Asia.

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WHO WE ARE SIGMA Real Estate Services is a residential property management company that delivers superior service by applying the latest technology, excellent customer service and the benefits of its 25 years of experience.

WHAT WE DO • Condominium Management • Cooperative Management

Calling All Site Leaders!

• Homeowner Associations

The Potomac Watershed Sub-Committee is starting preparations for the 2nd Annual Potomac Watershed event in Spring 2019. Join us at one of our site leader meetings scheduled for the third Thursday of every month at the Chapter Office beginning at 11:30 a.m. This is an excellent opportunity to help our environment and make a difference in our communities as we do our part to clean up the Potomac Watershed.

Interested? Please contact Liz Schell at eschell@caidc.org or Elisabeth Kirk at elisabeth@tedrossconsulting.com for more information.

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| 13

By Dylan M. Bates

By Izabela Solosi

Dylan M. Bates manages the civil mediation and mentorship, community dispute resolution and restorative justice programs at NVMS. In addition to his VA Supreme court mediator certification for civil cases, he has dispute resolution experience in community, criminal, family and civil conflicts. He has facilitated dialogues around issues of organizational culture, identity, and group trauma. Dylan holds a BA in Conflict Analysis and Resolution from George Mason University with a concentration in International Affairs and Latin American Studies.

Izabela Solosi is a trainer and certified mediator. She is a recurring speaker at conferences on conflict resolution topics. As the Training Program Manager at Northern Virginia Mediation Service (NVMS), she oversees the training of new mediators and conflict resolution practitioners. She also works with a roster of over 30 experienced practitioners to provide clients with training on mediation, communication skills, negotiation, and conflict resolution.

R

obert Frost once wrote, “We dance around in a ring and suppose, but the secret sits in the middle and knows.”

It’s a phrase that holds true for many- especially in times of conflict when the situation feels hopeless and understanding the other side seems impossible.

Conflict is a natural part of our day and one of the few things that we know will always be there. It takes many forms from personal interactions to family disagreements and disputes with colleagues. Academics Pruitt & Kim, leaders in the field of conflict resolution, define conflict as a perceived difference of interest, or a belief that the parties’ current goals cannot be achieved simultaneously. We will be exploring some challenges that cause conflict such as interests, values, cultures and offer some tools that can lead to better outcomes for everyone. Conflict doesn’t have to be a dirty word and many times it’s a unique opportunity for growth and understanding.

Challenge #1: It’s a Matter of Viewpoint If we are looking at the reasons for conflict it

would be easy to pretend that it is the other person’s fault - and many times that’s precisely what we think. There’s good science1 that backs up the phrase “we judge ourselves by our intentions but judge others by their actions.” It’s a matter of perspective. Maybe we don’t understand what they are doing or why they are doing it.

TOOL: SPEAK FROM YOUR OWN PERSPECTIVE

We use “you-messages2” when trying to express ourselves in conflict. We make judgements and attack the other person which causes them to become defensive, non-responsive or agitated. A good approach to avoid this reaction is to speak from your own perspective. One approach could be, “I feel (feeling) when you (describe the action/behavior) because (say why the action connects to your feeling.) What I need is (state your request).” This technique offers a way for the speaker to express their concern without making accusations and enables a more positive atmosphere. Once the concern is expressed, both parties can look at it as a mutual problem with a common solution to work towards.

1

Jones, E. E.; Harris, V. A. (1967). “The attribution of attitudes”. Journal of Experimental Social Psychology

2

Gordon, Thomas. Origins of the Gordon Model. Gordon Training International. Retrieved on: 2012-01-17.

3

Edward T. Hall. 1976. Cultural Iceberg Model

14 | QUORUM

Challenge #2: Culture Runs Deep Cultural identities can play a huge role.

Cultural identity is like an iceberg 3- for all of the customs and habits that we see, there are many differences in life experience under the surface which further explains behavior. Our perspective is a filter shaped by all of our experiences.

This could include our upbringing, education, traditions, religion to name a few.

TOOL: EFFECTIVE LISTENING

One of the biggest mistakes we make when in conflict is that we stop listening. All of our feelings towards the situation and the other person come flooding back. We are so busy thinking about ways to further our own agenda that we miss what the other person is saying. Communication is a two-way street- the message goes out and it needs to be received. Listening effectively involves paying attention to the words being used and the body language displayed.

Words account for about 7% of how we communicate. The way the message is delivered – tone of voice, body language –

accounts for the other 93%4. One way to think about displaying effective listening is by using the acronym SOLER5: S (quare)ly face the other person.

• What ideas can we brainstorm- whether or not we commit to them?

• If this doesn’t work out, what are my/our options?

O (pen) your posture.

Reflect on your own interactions – what are behaviors that make you feel heard? Spend some time thinking about ways that show the other person is listening and understanding your views.

L (ean) in- being aware of culture.

Challenge #3: An Opposition of Values

E (ye contact) as appropriate.

R (elax) into a natural position.

Questions are a powerful tool and one that mediators rely on extensively. A good question can open possible solutions, discover new information, or clarify misunderstandings.

Good questions are open-ended and invite the responder to provide a lot of information. Some powerful examples include: • It sounds like (summarize what you heard), is this correct?

• What is it about this issue that is important to you?

• How can we meet both my need and your need for…?

A conflict of values is one of the most difficult to resolve because the answer depends on your deeply held views and beliefs. They are debates we see every day: Republican vs. Democrat, Catholic vs. Protestant, stability vs. spontaneity. Each values system has merits and can cause schisms among the closest of friends. A helpful strategy to overcome these conflicts is to focus on common goals and interests.

What is the issue at hand? Are there any areas in which you agree with the other party? Work from there and emphasize effective communication.

TOOL: FOCUS ON INTERESTS

When parties come to the bargaining table they start with their demands and what they’re unwilling to concede. In the conflict resolution field this is called a “position.” Their position is their solution to the situation. Negotiating positions is challenging and often causes people to get stuck. Dig deeper by asking “why” to understand the interests that drive the position. Interests are why a certain position or solution is important. This can open different potential solutions.

Continued on page 17

4

Mehrabian, Albert (1971). Silent Messages (1st ed.). Belmont, CA: Wadsworth.

5

Egan, Gerard. 1994. The skilled helper: a problem-management approach to helping.

NOVEMBER 2018

| 15

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Challenge #4: A Difference of Interests Maybe the issue you are facing is a legitimate difference of interests. There are only so many resources: property, clean water, jobs, etc. What can start out as a disagreement can end up in an escalated conflict. A neighbors dispute about property boundaries or a homeowner’s fight with the city about new development.

We can find ourselves thinking in win-lose terms, spiraling into a situation escalated by a back and forth of small cuts. First it’s a heated phone call and next thing you know you are in a court trial.

TOOL: FIND A COMMON GROUND

The first step in seeking to peacefully resolve a conflict can be the most challenging part. Extending an invitation for conversation is an opportunity to set the stage for collaboration rather than competition. Find a way to establish rapport with the other person. Use something you have in common- your relationship, or why it would benefit both of you to try to resolve the conflict.

Find something that shows your willingness to explore the issue and find a way forward that works for everyone involved. For example, “This situation has been frustrating for both of us. I really think that if we put our heads together we can find a way to move forward that works for both of us. Can we get together to talk on X date, at X time and place?” When you meet, thank them for taking the time and being open to talking. Look for opportunities in the situation that could benefit each of you in different ways.

Challenge #5: Impasse; Emotions Getting Heated There’s instinctive biology associated with our emotions during conflict. The more rational part of our brain is feuding with our fight-or-flight response6. In an argument we get stressed and our body can’t tell the difference between a heated discussion and a potential threat of harm. That can be exacerbated when a discussion doesn’t seem to go anywhere. A person begins to feel frustrated, tired and resentful. Their ability to think about the other person’s perspective diminishes.

TOOL: TAKE A BREAK AND REGROUP

If you find yourself angry and having difficulty thinking rationally take a break for ten to twenty minutes. Studies show that it takes about that amount of time for your body to flush out this chemical response.7 So, take a break. Think about the situation from the other person’s perspective, talk to an expert on the situation, ask yourself what you are willing to do to work with the other party and realistically what would happen if you can’t resolve it.

Conflict is manageable and can be an opportunity to strengthen relationships and innovate. With the right tools and approach, some of which we have shared here, you can resolve most conflicts on your own.

Here are some additional resources to consider: MEDIATION

Mediation is a process where someone external to the dispute, the mediator, assists the parties to communicate and explore possible ways to resolve the dispute.

Mediation is voluntary in that parties cannot be forced to participate. It is also confidential in that what is said in mediation will not be revealed by the mediator outside of the session. Parties maintain full control of decision-making.

RESOURCES IN VIRGINIA

• NVMS (www.nvms.us; 703.865.7261; info@nvms.us) • Resolution Virginia (www.vaccr.org/2018/04/resolution-virginia; 1-888-VAPEACE; info@vaccr.org) • The Supreme Court of Virginia provides mediation services to disputants with cases concerning civil matters (Small Claims, General District Court) as well as divorce and separation (Juvenile and Domestic Relation, Circuit Court Family). If you find yourself in court, you can request mediation services free of charge.

RESOURCES IN MARYLAND

• MACRO is the Maryland Judiciary’s Mediation and Conflict Resolution Office. Our mission is to promote the availability, use, and quality of alternative dispute resolution (ADR) throughout Maryland. (www.courts.state.md.us/macro, 410.260.3540, macro@mdcourts.gov.)

RESOURCES IN WASHINGTON, D.C.

• Multi Door Dispute Resolution Division - The MultiDoor Dispute Resolution Division (Multi-Door) helps parties resolve disputes through mediation and other types of appropriate dispute resolution (ADR) including arbitration, case evaluation and conciliation. You may contact them at 202.879.1549.

• Center for Dispute Settlement (www.cdsusa.org/)

ADDITIONAL RESOURCES

• Mediate.com (www.mediate.com) is a website that lists mediators by region and provides many articles on mediation and conflict resolution.

• Search for Common Ground (www.sfcg.org/)

6

Social Cognitive and Affective Neuroscience, Volume 11, Issue 1, 1 January 2016, Pages 150–158

7

Cistler, Josh; Bunmi O. Olatunji; Matthew T. Feldner; John P. Forsyth (2010). “Emotion Regulation and the Anxiety Disorders: An Integrative Review”. Journal of Psychopathology and Behavioral Assessment.

NOVEMBER 2018

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By Patrick J. Ewing, ESQ. Patrick Ewing, an attorney in the law firm Cowie & Mott, P.A., and has been practicing law for seven years with a focus on construction and community association law for the last three. Cowie & Mott, P.A. provides Maryland and D.C. community associations with comprehensive legal services and advice in a range of matters including governance, contracts, litigation, and assessment collection.

Mediation, Arbitration, & Litigation A COMPARISON FOR COMMUNITY ASSOCIATIONS

W

hen community associations become embroiled in legal disputes, there are three main methods of resolution: mediation, arbitration, and litigation. Mediation is a non-binding process where a neutral third party attempts to assist the parties in reaching a voluntary resolution of their dispute. In contrast, litigation and arbitration are both binding proceedings where a private arbitrator, judge, or jury decide how the dispute is to be resolved. These three methods of dispute resolution are discussed below.

Mediation Mediation is a process in which parties agree upon a mediator, often a retired judge, to help them resolve their dispute. Mediation may also be imposed on parties by contract or a court. Mediation is unique because, unlike arbitration and litigation, the mediator cannot force a resolution upon the parties.

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with any supporting documentation. Thereafter, the mediator will convene the parties for a meeting. At the meeting, the parties are usually separated by the mediator, who then discusses the strengths and weaknesses of each party’s case and proposals for resolution of their dispute. The mediator does not have the power to force the parties to enter into an agreement. Both sides must agree on the resolution, which is then documented in a written settlement agreement.

If successful, mediation is typically the most cost effective and time efficient manner of resolving a legal dispute. If the parties cannot agree upon a resolution, they usually proceed with binding dispute resolution.

Arbitration Arbitration is a formal, adversarial process where a private arbitrator hears evidence and decides the outcome of a dispute between the parties. Unlike mediation, the arbitrator’s decision is binding on the parties. Parties may voluntarily agree to arbitrate, but, more frequently, a contract between the parties requires them to resolve disputes by arbitration in lieu of litigation.

In arbitration, the parties select an arbitrator to oversee the arbitration proceedings and resolve the dispute. Prior to a hearing before the arbitrator, the parties exchange information and documents regarding the dispute. The exchange of information is less formal than in litigation, and usually less costly. Thereafter, the arbitrator holds a hearing where each side has the opportunity to present testimony and evidence for consideration. Witnesses are subject to cross examination, but many of the formal requirements of the rules of evidence applicable in a court of law are not enforced in favor of simplicity and expediency of the hearing. After the hearing concludes, the arbitrator issues a decision in writing. The decision may include an award of attorneys’ fees and the cost of arbitration, if provided by a contract mandating arbitration. Parties to arbitration must be mindful that while it is possible to appeal an arbitration decision to a court of law, such appeals are rarely successful.

An advantage of arbitration is that the parties have control in selecting the arbitrator who will decide their dispute. Additionally, the overall cost and time commitment is usually less than with litigation, even after paying the arbitrator’s fee.

Litigation Litigation is the process of filing and prosecuting a lawsuit in a court of law. Litigation culminates in a trial, where the fact-finder, either a judge or jury, decides the outcome of the dispute. Prior to trial, the parties exchange information regarding the dispute, known as discovery.

At trial, each party has the opportunity to present testimony and evidence to the judge and jury for consideration. Witnesses are subject to cross-examination from the opposition. The judge decides issues of law and the jury decides issues of fact. If no jury is selected, then the judge decides issues of both law and fact. At the end of the trial, a final decision is rendered by a judge’s order or jury verdict. In some cases, an applicable contract or statute permits the award attorneys’ fees to the prevailing party at trial.

The outcome of a trial may be appealed regarding legal errors. An appeal is not an opportunity to re-try or present new facts, but rather an argument to a higher court that there was an error in the application of the law.

Litigation is the most formal method of dispute resolution with relatively well- defined rules and procedures for obtaining information and documents from both parties and non-parties and for presenting the case to the judge or jury. Many aggrieved parties also prefer presenting their case to a jury of peers, rather than a judge or arbitrator.

In most cases where the parties pursue arbitration or litigation, the legal dispute is settled before the arbitration hearing or trial occurs. The presence of a looming, adversarial proceeding often motivates parties to resolve their dispute by agreement rather than risking an adverse ruling by an arbitrator, judge, or jury.

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By Aimee Winegar, CMCA, AMS, LSM, PCAM

By Nicole Williams, ESQ.

Aimee has worked in the field of community management for 30 years. She is currently a large-scale manager for Community Association Services, Inc. in Frederick, MD. She sits on the Quorum Editorial Committee of WMCCAI and is currently the Vicechair of the Montgomery County, Maryland Commission on Common Ownership Communities.

Nicole is an attorney with the law office of Rees Broome, PC, where she rep¬resents condominium and homeowner associations located in Maryland, Virginia, and D.C. She was named a Rising Star in 2013 and received the Chapter Appreciation Award in 2015. Nicole currently serves as the Co-chair of the Quorum Editorial Committee.

Commissions on Common Ownership Communities Looking out for the Interests of Associations and their Residents

W

hen the Montgomery County Council adopted legislation to create the Commission on Common Ownership Communities (CCOC) more than 25 years ago, it was the first of its kind anywhere in Maryland and throughout the United States. The Montgomery County CCOC is composed of 15 members. Seven of the members are professionals in the community association industry such as lawyers, professional managers, real estate agents, developers, etc. The remaining eight are residents of common ownership communities within the County. The three-part mission of the CCOC in Montgomery County is to act

as an advocate for community associations in the County, educate associations and their members on their rights and duties and in the proper management of association, and to resolve disputes between members and their associations. Over the years, the Montgomery County CCOC has been mostly known for the later part, resolving disputes between members and their associations.

The Montgomery County CCOC maintains a catalog of their opinions from previous disputes that have come before the commission over the years. While these opinions are not legally binding precedent, it can certainly

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LEED AP

give the reader an idea of how Maryland and Montgomery County law has been interpreted on many different matters that generally arise within an association. Recently the commission has seen a huge increase in cases regarding the “Business Judgement Rule.”

The doctrine of the “Business Judgment Rule” has two meanings. First is the idea that board members cannot be held individually or personally liable for the decisions that they make as board members so long as they act in good faith, even if they make a mistake or are found to have violated some rule of the association. The second meaning is that a Court will generally uphold the business and operational decisions of the board if those decisions are made in good faith, and in compliance with the association’s governing documents and the law, provided that the board had a factual basis for its decision.

Therefore, if an owner disagrees with a decision that a board may make, if the decision was made in good faith, in compliance with the association’s governing documents and the law, the commission cannot not override the board’s decision it if is acting within its authority.

The Montgomery County CCOC is currently working on other items outside of its dispute resolution role such as updates to its board member training, which under County law is required for all board members within an association in Montgomery County. It is also working on ideas for proposed legislation to address and clarify its dispute

resolution process. The CCOC is also thinking about legislation to require water utility companies to treat associations more like individual homes so that the total gallons used is divided by the number of units and thus result in a fairer billing to condominiums that are on a master meter, as well as modifying the policies of various County agencies to treat condominium associations as residential types of property instead of commercial property.

For a long time, the Montgomery County CCOC was one of a kind. However, in 2015, the Prince George’s County Council passed legislation to create its own CCOC, which has some similarities to the Montgomery County CCOC, but also some differences.

The Prince George’s County CCOC consists of nine voting members and seven non-voting ex-officio members. Of the nine voting members, five are owners or residents in a common ownership community in the County and four are professionals in the community industry such as lawyers, professional managers, real estate agents and developers. At least one of the professional members must a professional manager. The seven ex-officio members consist of a person designated from the following agencies or departments – The County Council; the Planning Board; Department of Permits, Inspection and Enforcement; Department of Transportation; Department of Housing and Community Development; Office of the Attorney General and the Office of the County Attorney. The mission of the CCOC in Prince George’s County is to ensure proper establishment and operation of community associations, promote education and public awareness of the rights and obligations of living in a common ownership community, to encourage informal resolution of disputes within association, assist with

community and government policies, programs and services which support common ownership communities.

The Prince George’s County CCOC does not engage directly in dispute resolution of matters between owners and their associations.

However, an association or owner my request alternative dispute resolution (ADR) if a dispute occurs. The ADR is handled by the mediation department of the Office of Community Relations which has trained mediators on hand to deal with any matters that may arise. The individual commissioners are not involved directly in resolving disputes between parties.

Montgomery County and Prince George’s County are similar in that there are some matters that do not constitute a dispute for resolution under the CCOC. These include disputes regarding title to any unit or common element/area, the percentage interest or vote allocable to a unit, interpretation or enforcement of any warranty, the collection of an assessment validly levied against a party, or the exercise of a governing body’s judgment or discretion in taking or deciding not to take any legally authorized action. Also both organizations are clear that prior to filing a dispute, you must show that you have made a good faith attempt to exhaust all procedures or remedies provided in your association’s governing documents. Additionally, once a dispute has been filed, the Association is stayed from taking any action to enforce or implement its decision until the dispute resolution process has been resolved or dismissed. Because of various concerns that have been raised over the years regarding common ownership communities, both Commissions are currently working with their County agencies to better understand the extent of common ownership communities within the county, their economic impacts and the challenges that they face. Both Commissions are trying to determine ways to help assist and prevent communities from facing serious financial and structural challenges.

Each CCOC meets on a regular basis and all meetings are open to the general public.

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By Heather S. Gillespie, ESQ. Heather has been the Common Interest Community Ombudsman at the Virginia Department of Professional and Occupational Regulation for the past ten years. She is a licensed attorney in the Commonwealth of Virginia and received her law degree from the University of Richmond, T.C. Williams School of Law and her undergraduate degree from Rice University.

Without Communication, Conflict is Inevitable

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y office is responsible for answering questions and providing guidance for quite literally thousands of people every year. In addition to the daily phone calls and emails with association members, board members, managers and anyone else involved in community associ-

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ations, the Office of the Common Interest Community Ombudsman also provides Determinations (they can be found on our website at www.dpor.virginia.gov/cic-ombudsman) in response to Notices of Final Adverse Decision that have been filed with the Office.

While the daily inquiries vary, and the Determinations are by no means identical (and, there is more than enough conflict to go around) there is a common thread woven through nearly every interaction my office has with the public, and that common thread is communication.

If I had a magic wand, I would fly through Virginia (using my fairy wings) and tap every board member on the head and remind him or her that the single most important way to solve, or better yet, prevent conflict in an association is to communicate with the members.

The ways in which we see a failure to communicate in associations are numerous. When an association fails to provide access to or copies of, books and records of the association, but provides no reason for its decision, that is a lack of communication that serves no one.

Those books and records belong to the association as a whole and any member in good standing should have the right to look at them.

If an association denies a member the right to due process in relation to a possible violation of the governing documents, it is denying that member the right to communicate his or her side of the situation or to at least be present when a decision is being made regarding such a violation.

cation with future residents of the community. A well prepared and accurate disclosure packet ensures that new owners will not be surprised by what they may encounter after moving into the community. A poor or nonexistent disclosure packet can result in enormous animosity and frustration for a new owner which can impact both the association and that owner’s experience for a long time to come.

While I have not touched upon every single type of issue or conflict that arises in my world, I hope my absolute belief that communication is key in resolving conflict has rung through. Truly, nearly every possible violation of common interest community law that my office may address or explain is related to communication. Virtually all phone calls and emails can be boiled down to a lack of communication in one form or another. If owners would make efforts to communicate with their board in a civil and respectful manner and boards of directors more fully recognized that the association really belongs to everyone and there is no need to deny or hide information, I think associations could function in a way that might surprise us all and lead to far more enjoyment and far less conflict.

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Other situations that demonstrate a lack of communication include a failure to provide notice of meetings, to make a proper motion to go into executive session, to carry out the five-year reserve study and its annual review, and a failure to prepare an accurate and complete disclosure packet or resale certificate. Meeting notice ensures that the greatest opportunity for communication in the community can happen with the largest number of members present – board meetings and annual meetings are important and probably the best method of communicating with the membership as a whole. Board meetings address the current issues of the association and attending these meetings allows members to keep their finger on the pulse of the community as well as share comments during the appropriate portion of the meeting. Making a proper motion to go into executive session is absolutely a form of communication and ensures that members do not question the need for the executive session or assume that something inappropriate is happening.

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The reserve study is a form of communication with all members that advises them of the future financial needs of the community as they relate to capital components of the association, and the annual review of the reserve study by the board of directors helps members understand what to expect in the coming year and whether financial priorities for the association may have changed. Finally, disclosure packets or resale certificates are an essential method of communi-

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| 23

By Wil Washington, ESQ. Wil Washington is a principal and founding member the law firm of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. He is a past president of the Washington Metropolitan Chapter of the Community Associations Institute and a member of the College of Community Association Lawyers.

HUD SAYS

You Are Your Neighbor’s Keeper

N

ot so long ago, community associations safely viewed disputes between neighbors as neighbor-to-neighbor disputes that did not involve the association.

Associations would typically direct the combatants to work it out among themselves.

The disputes were rarely viewed as violations of the association’s covenants. Even if they were seen as such, given the difficulty in

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proving nuisances and the associated cost of prosecuting such claims, many associations did not see the effort as being worthwhile.

Associations are particularly ill-equipped to act as law enforcement officers. Accordingly, victims of bad neighbors were frequently on their own. Rules violation hearings over disputes between neighbors are often te-

dious, unseemly and difficult to officiate. In many cases it is difficult to determine who is to blame. For many years there was little for an association to fear from ignoring or shelving participation in neighbor-to-neighbor disputes. However, things are not what they used to be.

Most associations’ governing documents

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that person’s civil rights under the Fair Housing Act. Moreover, landlords, community associations and their managers now have an affirmative duty to investigate civil rights violations within their purview to determine whether they need to engage on behalf of complainants rather than dismissing complaints as simple neighbor-to-neighbor disputes.

are drafted such that they contain clauses that provide that nuisances or unlawful conduct are prohibited. Most governing documents are also drafted such that they authorize the association, through its Board of Directors, to enforce the covenants through the levying of fines, charges, suspension of privileges and prosecution through the courts. Documents have traditionally been drafted this way to enable an association to protect residents from obnoxious behavior in order to facilitate the peaceful enjoyment of their homes. However, over the years, in practice, many associations find the determination of what constitutes a nuisance too difficult to adjudicate and leave the disputing neighbors to sort out the problems between themselves or the police. However, when a person’s civil rights are involved, HUD believes associations should do more.

Although HUD has increased the exposure of landlords and community associations with 24 C.F.R. § 100.7, it has at least provided greater clarity concerning what constitutes actionable harassment and quid pro quo violations of the FHAA through 24 C.F.R. § 100.6. That regulation says that quid pro quo harassment refers to an unwelcome request or demand to engage in conduct where submission to the request or demand, either explicitly or implicitly, is made a condition related to housing involving a protected class. Hostile housing environment harassment refers to unwelcome conduct that is sufficiently severe or pervasive as to interfere with housing involving a protected class.

The trend in fair housing law and the recent rules adopted by HUD make it clear that HUD intends for associations and their managers to take a more proactive role in protecting the civil rights of residents of their communities. Associations should know about the increased responsibilities imposed by HUD concerning neighbor-to-neighbor disputes and improper conduct by board and committee members, especially those involving protected classes.

HUD recently decided to make it clear that community associations and management agents have an affirmative duty to protect residents from fair housing violations where they have authority to do so.

24 C.F.R. § 100.7 was added to make it clear that associations and managers are liable for their own discriminatory conduct as well as that of their employees, directors, committee members and agents even if they didn’t know about the unlawful discriminatory conduct. HUD’s regulations also explicitly make associations liable if they fail to take prompt action to correct and end discrimination by a third-party (i.e., a resident) where the association knew or should have known of the discrimination and had the power to correct it. Therefore, HUD has declared that if an association has authority to take action against a person who is engaged in unlawful discriminatory conduct under their governing documents or applicable laws governing the association, it has a duty to exercise that authority on behalf of the aggrieved resident. Failure to do so now formally constitutes a violation of NOVEMBER 2018

| 25

By Margaret S. Squires Margaret Squires (Margot) is a Human Rights Specialist and serves as Coordinator for Fair Housing Programs with the Human Rights Division of the Fairfax County Office of Human Rights and Equity Programs, where she helps coordinate the agency’s fair housing education and outreach activities. Ms. Squires previously served as a research associate with the Center for Responsible Lending working on fair-lending issues, as a fair housing investigator with the U.S. Department of Housing and Urban Development, and as an adjunct faculty member teaching economics at several colleges and universities. She received an M.A. in Economics from the University of Wisconsin-Milwaukee and a B.A. in Economics from Northwestern University.

Fair Housing & Conflict Resolution Regarding Community Associations

C

ommunity associations, like others operating in real estate and related professions, are subject to fair housing laws based on all protected classes and prohibitions covered. As the number of communities increases, so does the likelihood that an association will be the recipient of a fair housing complaint. Complaints can be costly both in terms of time and money and monetary payments can be significant.

However, situations that give rise to complaints when anticipated, recognized and handled quickly and appropriately, can avoid or minimize the impact and result in an amicable resolution. It is, therefore, important that those acting on behalf of associations, including board members, management companies, and employees, familiarize themselves with fair housing laws (persons, entities and actions covered) and the rights and responsibilities of residents and management. Knowing the law informs decisions and dictates how to respond appropriately.

26 | QUORUM

Knowledge and a willingness to engage in a productive dialogue early to address disputes are both key to minimizing disagreements and resolving situations amicably.

Federal Fair Housing Law prohibits discrimination based on race, color, national origin, religion, sex, familial status (families with children under the age of 18), and disability (physical and mental). Fair housing laws also protect victims of harassment (neighborhood or sexual). Retaliation against anyone who files or participates in the investigation of a fair housing complaint also is covered.

This provision applies, even if the complaint results in a determination that no violation has occurred. State and local fair housing laws may encompass additional protections, and the length of time allowed to file a complaint may differ by jurisdiction. (Contact the local human rights agency in which the property is located for information.)

The most common complaints filed against community associations involve familial status or disability related issues, and to a lesser extent, harassment. Familial status complaints typically involve discriminatory practices and different treatment, particularly rules that deny or restrict the use of facilities to children, or that send messages viewed as discouraging families with children from living there. While its legitimate to consider health and safety issues when

formulating regulations, it is important to consider the objective, who is impacted, the justification for the rule, if there are potential discriminatory effects and, if so, to reevaluate whether to implement the rule, or consider if a less discriminatory alternative is available. Using neutral language, or eliminating or revising restrictions, can help minimize conflict and resolve matters amicably.

In addition to protections afforded to all protected classes, people with disabilities are entitled to additional protections, specifically, the right to request a reasonable accommodation (change in a rule, policy, or practice) or reasonable modification (structural change) needed to enjoy full use of a residence, available facilities and amenities. The primary reason association representatives find themselves in conflict with residents is a lack of knowledge of fair housing laws. This is particularly true regarding requests for reasonable accommodations or modifications. Contributing factors include a failure to understand what constitutes a disability, who qualifies, protections offered, uncertainty regarding what qualifies as “reasonable” or “unreasonable,” who is responsible for costs involved, and confusion regarding information that can or cannot be requested. Important considerations include an absence of policies in place to respond to requests, and an unwillingness to engage in an interactive dialogue, or discuss alternative options when a request does not qualify as “reasonable.”

Harassment often is not recognized as a fair housing issue and is particularly challenging for associations. Fair housing laws forbid any person or group, including neighbors, from harassing residents, prospective residents, or visitors based on their membership in a protected class.

Harassment often is not recognized as a fair housing issue and is particularly challenging for associations. Fair housing laws forbid any person or group, including neighbors, from harassing residents, prospective residents, or visitors based on their membership in a protected class.

Sexual harassment in housing (unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature) also is prohibited. Board members who are made aware of, or should have known about any alleged harassment, neighborhood or sexual, and who have authority to act, are required to take prompt action to stop the behavior. Failure to do so can have serious legal ramifications. (Harassment that includes threats and violence is criminal and should be reported to the police.)

Representatives of community associations are often remarkably uninformed about fair housing laws, their responsibilities or the extent to which their decisions have fair housing implications. The ramifications for themselves and the residents they serve can be significant in terms of both legal exposure and financial penalties. However, as illustrated above, there are steps associations can take to reduce that exposure, address conflict and resolve issues amicably.

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By Michelle Baquero, CMCA, AMS

By Jessica Schroeder

Michelle Baquero is a “homegrown” Portfolio Manager for National Realty Partners, LLC. Michelle started in the industry in 2012 as the receptionist and quickly took the steps to further her career as she became an Administrative Assistant and completed her M-100 after 9 months with the company.

After receiving her CMCA, Michelle was promoted to Portfolio Manager and recently celebrated her 5-year anniversary with NRP.

Jessica Schroeder is currently the Architectural Department Manager at National Realty Partners, LLC. She has been with NRP for the last 5 years developing the Architectural department and helping communities enhance their property value.

Covenant Violation Hearing Best Practices C ovenant violation hearings are always a hot topic with community associations as they are viewed outwardly as highly confrontational due to the sensitivity around their content. If the Board and Management take the proper steps to prepare for the hearings, they can often go much smoother and minimize any animosity between the Board and residents of the community. The following is a list of best practices to a smooth and effective covenant violation hearing.

• Associations should ensure that they have a Due Process Resolution in place for their community to establish proper procedures for the hearing process.

• Establish clear and concise Association Architectural Guidelines and/or Rules and Regulations in which the community members should follow.

• Per the Virginia Property Owner’s Association Act (Section 55-513 C) and the Virginia Condominium Act (Section 55-79.80.2 B) notices should be sent out via certified mail in a timely manner (i.e. hearing notices must be mailed 14 days

in advance of the hearing and hearing results must be mailed within 7 days after the hearing).

• Associations and Board Members should review their Governing Documents before the hearing, as a reminder of enforcement capabilities and consult with their legal counsel regarding what sanctions they can impose on residents who remain in violation of those covenants.

• Management should come prepared to the hearing with all notice’s pictures, and any correspondence between the homeowner and the Association related to the violations.

• It is important to properly articulate the process for the hearings to both the Board and residents present. It is helpful to let residents know that they can make a request for an extension, however, the Board will review all requests after all the hearings are completed and decisions will be officially communicated via certified mail. Residents should also be notified that they will have a time limit (we recommend 3-5minutes) in which they can speak to the Board regarding the violations on their property.

• Have a sign in sheet and use this as your “docket” for the night which is often used as a list for the order in which residents are called on to speak with the Board.

• It is recommended that the Board or Management keep note of who attends the hearing and what requests they present to the Board (i.e. John Doe attended and has requested a 30-day extension due to weather-related delays with his contractor).

• The Board needs to ensure that they are consistent in the sanctions they are assigning to residents and should ensure that there is fair and equal enforcement across the entire community.

Covenant violation hearings should not be a daunting experience for all involved. Taking a proactive approach with preparing in advance will guarantee that the Board and Management have effectively communicated the process for the hearings and articulated these details to the residents involved. Implementing these best practices will support the variety of issues that arise during hearings and the resistance to comply with association’s enforcement.

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WELCOME TO OUR

COMMUNITY WMCCAI 2019 Conference & Expo February 23, 2019

Walter E. Washington Convention Center 801 Mt. Vernon Place NW Washington, DC 20001

REGISTER ONLINE AT CAIDC.ORG For questions, please contact us at events@caidc.org or 703-750-3644

By Michelle Baquero, CMCA, AMS Michelle Baquero is a “homegrown” Portfolio Manager for National Realty Partners, LLC. Michelle started in the industry in 2012 as the receptionist and quickly took the steps to further her career as she became an Administrative Assistant and completed her M-100 after 9 months with the company. After receiving her CMCA, Michelle was promoted to Portfolio Manager and recently celebrated her 5-year anniversary with NRP.

Code of Conduct f o r Boar d s

T

he board of directors of an association have a very important role in their community. It is the responsibility of the board to uphold the association’s governing documents and utilize their fiduciary duty when making decisions on behalf of the residents in their community by putting their personal agendas aside and doing what is best for the “whole”.

An association’s legal counsel will often recommend that the board of directors adopt a Board Code of Conduct. This resolution helps to establish rules, procedures, and expectations for current and future Boards.

A Code of Conduct can often help to avoid potential difficulties with Boards who often disagree and butt heads due to differing personalities and opinions. A strong Code of Conduct should encourage the board to: • Understand the importance of fiduciary duty in relation to the success and growth of the association.

• Look at a situation from all angles and review all information available to make the most educated decision.

• Utilize local statues as well as the governing documents to ensure that the Board is acting within the boundaries of their authority.

• Disclose any conflicts of interest to fellow Board members and consider removing themselves from voting to avoid any questionable decisions.

• Conduct the Board meetings in an open and fair manner-the Board never wants to be viewed as “sneaky” or distrustful.

• The Board should act as a unit, even if a member voted against a decision; it is still their responsibility as a Board Member to support the action.

• Have a firm understanding regarding what can be discussed in open session and what items are to be reserved for discussion amongst only the Board during executive session. Board members should never share confidential information discussed during executive session with spouses, friends, neighbors, dependents, etc.

• Treat one another with respect regardless of differing viewpoints.

• Understand the expectations regarding attendance per the association’s governing documents.

• Avoid giving the impression that as a Board Member they are exempt from complying with the rules and regulations of the Association.

Should any conflict arise within the members of the board, a Board Code of Conduct can be referred to as a standard for action and expected behavior. If the board feels that there is a need to confront a member(s) for a violation of these rules, it is recommended to consider requesting legal counsel to act as a mediator to assist with dissolving the conflict before it gets out of hand.

A Code of Conduct is an important proactive tool that should be utilized by all boards to help avoid confrontation amongst board members. This document acts as a guideline of expectations for board members to avoid any misunderstandings and establish a foundation for future members. If a board is unsure of where to start with obtaining such documents, they can consult with their legal counsel to ensure that the documents includes all the important points that relate to local statues as well as their governing documents. While it is understandable that there may be several personalities on a board and that members may not always see eye to eye, it is imperative that board members make decisions based on what is best for the association as a whole.

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By Kara Permisohn Kara has worked in business development for Minkoff Company, Inc. since 2004. She is a past president of the Chesapeake Region Chapter of CAI (CRCCAI), has served on both WMCCAI and CRCCAI Boards of Directors, and is active on committees in both chapters.

How Important Is Transparency?

C

ommunity managers, board members, and business partners all have an ethical obligation as decision makers for any community to be as transparent as possible at meetings and/or on contracts. Let’s define what being transparent means in the context of business and communication. According to Webster’s Dictionary, “transparent | adjective | \ tran(t)s-΄per- nt \ is defined as a: free from pretense or deceit: FRANK. b: easily detected or seen through: OBVIOUS c: readily understood d: characterized by visibility or accessibility of information especially concerning business practices.”

100% clear with their fellow board members, members of their community, management and vendors it can create negative feelings and perceptions of deceit.

Keeping lines of communication open is the first step when voicing opinions and concerns about the inner workings of any organization. When someone is not fully transparent, there is the potential for chaos GG:\Adoc\TCS\MARKETING\Advertisement -2017 Quorum and Ad.102517.docx ill will. Drama is created, While ideally this does not happen, community members volunteer to serve on their conversations, and important boards for many reasons such as hidden decisions become less personal agendas that differ from the rest productive. of the group. When a board member is not

There are 5 basic components to transparency that a team will practice on a regular basis. Take a minute to think, does your team trust each other enough? Here’s a short quiz to ask yourself. “Does my team practice these components?”

Communication – If a tone is set that group doesn’t open lines of communication and share information, then the team lacks trust.

Honesty – Do team members hide things, calculate or manipulate information? If so then your team lacks trust.

Feedback – Is there a team member(s) who is/are constantly on the defensive when being evaluated? Your team lacks trust.

Respect – Do team members have a difficult time resolving conflicts, arguments or disputes quickly? Then they lack trust.

e

Admitting wrong – Are mistakes among the group taboo? If members are afraid of making mistakes, then your team lacks trust.

Keep Current on Legal News and Trends!

schildlaw.com

Attorneys for Community Associations in Maryland and the District of Columbia Thomas C. Schild • Scott J. Silverman (301) 251-1414

32 | QUORUM

law@schildlaw.com

Communities who embrace the most levels of transparency, will find that they are more productive. There will be increased levels of achievements, the quality of relationships will improve, collaboration becomes easier, and less time is spent in meetings. You might be asking yourself, “How do I encourage my team to be productive and achieve the most from their efforts?” The benefits of open communication and utilizing best practices are guaranteed to offer great success. This can be done by ensuring the following:

Trust and loyalty: Make members feel they are in a safe environment where their thoughts can be shared freely. Finger-pointing and cover-ups are less likely to block achievements.

“hot seat.” Transparent communication will decrease the chances for information to fall between the cracks, which can affect the overall outcome of the final results.

Information flow: by sharing knowledge ensures fast workflow and increased productivity.

After your team accepts these behaviors, they can be more easily encouraged to be transparent. You as a leader will help others understand the behaviors by being a role model. Communicate openly and make yourself available. Share necessary changes to data, estimates, and budgets early and often. Involve everyone in the decision-making process. They will feel more valued and decisions have more conclusive rationale. Avoid making assumptions by asking someone what they meant, to please explain, or compare two concepts to clarify the solution. Get to know each other more personally which is essential for building that trust and a level of comfortability. Do your best to create awareness among all team members. It is important that each individual feels they belong and are respected. Once these ideas are communicated, it’s time to select a strategy for how to implement and foster a culture of transparency. Start with baby steps by choosing one thing that needs to include everyone. Follow up with your board after a discussion and adjust your strategy accordingly. Before you know it, you will have built a solid foundation!

Engagement: Help make team members feel competent and involved. By sharing information with your peers you’re more inclined to gain a stronger commitment.

Solutions: Transparent communication helps when problem solving.

Ideas for a solution will flow when they are shared comfortably.

Alignment: Help keep your team on track. Make sure that everyone is on the same page and prevent misunderstandings.

Strengthening relationships: When you open the communication you also make yourself more available to be approached for decision-making. With time these relationships become better.

No surprises: No one appreciates being caught off guard or put in the

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By Crishana L. Loritsch, CMCA, AMS, PCAM Crishana is the general manager of The Adagio Condominium located in Bethesda, MD. She has been an active member of the chapter since 2002, where she has volunteered on the Quorum Editorial, Membership, and Public Outreach committees and has served as Public Outreach Committee chair, Secretary on the Board of Directors, and Communication Council Chair. Additionally, Ms. Loritsch has received numerous awards including Rising Star, Committee Chair of the Year, Chapter Appreciation Award, and was most recently recognized as the 2017 WMCCAI Volunteer of the Year. An avid runner, she spends many early mornings preparing for her next big race.

Not All Conflict Is Bad

“

Not all conflict is bad. In fact, it actually can be healthy.” When I made this proclamation in a recent Quorum editorial committee meeting, my colleagues were intrigued. The discussion that ensued was very lively and after just a few minutes, we knew we had touched on a topic that would resonate with our readers and it led to this very article. Obviously since I started the conversation with such a bombshell statement, I was volunteered to write the article and I happily accepted. In the next several paragraphs, I will unpack this statement and show how conflict, if managed properly, can indeed be beneficial.

ner, conflict provides an opportunity for relationships to be strengthened.

Conflict Is Normal

What Causes Conflict?

Conflict is a part of any normal, healthy relationship. It is impossible to get along with everyone all the time. Even in our closest relationships, conflict will arise and if we are not careful, we may have a tendency to gloss over conflict or avoid it altogether. Neither tactic is healthy. Rather, we need to learn how to resolve conflict in a healthy way.

Avoiding or mishandling conflict causes harm in relationships, but when handled in a constructive, positive and respectful man-

Simply stated, conflict arises from differences between people. Those differences, whether small or great, occur whenever people disagree on values, motivations, perceptions, ideas or desires. These may appear trivial or insignificant, but when a conflict triggers a strong emotional response, a deep seeded personal need is often at the core of the problem. These needs can be a need to feel safe and secure, to be value and respected, a need for greater closeness or intimacy,

34 | QUORUM

Whatever the initial causes of the conflict, by learning the skills necessary to resolve conflict, they can act as a catalyst in ensuring that both our personal and professional relationships continue to flourish and grow stronger.

or a combination of these needs.

Conflict Arises from Different Needs Everyone needs to feel valued, loved, nurtured and respected, and just as no two people are alike, the ways in which these needs are met vary for each individual. For example, in my professional life, I put a high premium on feeling valued and respected, while in my personal life, I place an equally high premium on feeling valued and nurtured. Typically, when conflict arises for me professionally, the trigger occurs when I feel undervalued in my capacity as an advisor and my expertise is brought into question.

Conversely, in my personal relationships, conflict arises with my loved ones when I feel as though I am being taken for granted. As illustrated in the examples I provided, differing needs for feeling safe and secure create some of the most difficult challenges in our professional and personal relationships.

The needs of both parties play important roles in the long-term success of the relationship and it’s imperative that those needs are respected and given due consideration. In our personal relationships, a lack of under-

standing differing needs can create distance and arguments which eventually lead to breakups. How many times have you noticed that a small disagreement turns easily into giving someone the cold shoulder, or speaking harshly to someone leads to a bad breakup?

The same can be said about our professional and workplace relationships. In workplace conflicts, the misunderstanding of differing needs is at the heart of many bitter disputes, resulting in broken deals, missed opportunities and even job loss.

In the community association management world, navigating conflict can be especially challenging. Unfortunately, while most individuals that live in community associations are pleased, there are always some that are not, and their displeasure is typically rooted in one of these needs not being met to their liking. Many times, compromise is necessary for all needs of both parties to be met equitably, and when both individuals cannot work toward resolution, it results in board overthrows, multiple changes in management, unhappy management personnel and team members, or apathetic residents.

When we recognize the reality of conflicting needs and are willing to examine them in an understanding and compassionate environment, it allows for doors to be opened and a pathway to creative problem solving, team building and improved relationships.

Conflict and Emotional Awareness Are you in touch with our feelings, or are you pretty closed off? Are you so stressed that you can only pay attention to certain emotions while ignoring others? This “emotional constipation” causes you not

to be able to identify your own needs and therefore, makes it difficult to communicate with others and establish what really is bothering you. For couples, this can be especially true. Are you really upset at how she never hangs up her clothes or that he never puts the toilet paper on the roll properly (it’s over by the way, never under. Check the patent.)? Many times, these petty differences serve as distractions to what it really bothering you. Do the hard work and figure it out.

Conflict Resolution Tips • Listen and pay attention to the verbal and nonverbal communication.

• Make conflict resolution your priority and not being “right” or “winning.”

• Focus on the now. Don’t bring up past grievances or hurts.

• Pick your battles; choose wisely.

• Choose to forgive.

• Use humor. Find a way to communicate about a touchy subject in a way that’s disarming to the listener.

• Finally, know when to let go. If you’ve tried everything and still can’t come to an agreement, agree to disagree. It takes two people to keep an argument going. If a conflict is going nowhere, you can choose to disengage and move on. If that means severing a personal or professional tie, cut your losses and move on. There’s nothing wrong with saying, “I tried, and it didn’t work out.” In fact, it’s better and healthier for your long-term emotional and mental health.

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NOVEMBER 2018

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Directory and Classifieds AMUSEMENT & PARTY RENTALS

ENGINEERS (CONT’D)

MANAGEMENT SERVICES (CONT’D)

Fantasy World Entertainment 124 Jibsail Drive T: (800) 757-6332 Prince Frederick, MD 20678 www.fwworld.com Brooks Grady brooks@fwworld.com

ETC Engineering and Technical Consultants Inc. Water intrusion, roofing, exteriors, windows, balconies, property studies, structural & architectural services www.etc-web.com T: (703) 450-6220 Mindy Maronic mindy@etc-web.com

ASPHALT PAVING/MAINTENANCE/REPAIR

The Falcon Group www.falconengineering.com 7361 Calhoun Place, Suite 325 Rockville, MD 20855 T: (240) 328-1095 Stew Willis info@falconengineering.com

CAMP, AAMC (Community Association Management Professionals) www.gocampmgmt.com T: (703) 821-CAMP 4114 Legato Road, Suite 200 Fairfax, VA 22033 hgraham@gocampmgmt.com 209 West Street, Suite 302 Annapolis, MD 21401 sblackburn@gocampmgmt.com

Brothers Paving & Concrete Corporation 9469 Hawkins Dr T: (703) 393-1927 Manassas, VA 20109 F: (703) 393-1928 Paul Battista info@brotherspaving.com Espina Paving, Inc. Asphalt/Concrete 15441 Farm Creek Drive T: (703) 491-9100 Woodbridge, VA 2191 F: (703) 491-9101 Serving: MD, DC, VA info@espinapaving.com

HEATING, VENTILATING, AIR CONDITIONING

Advanced Building Services, Inc. 23475 Rock Haven Way #135 T: (703) 661-4280 Sterling, VA 20166-4444 www.advanced-building.com Deborah Ammann dammann@absi1.com

ATTORNEY JANITORIAL

COWIE & MOTT, P.A. T: (202) 670-6289 2310 Boston Street www.cowiemott.com Baltimore, MD 21224 Nicholas D. Cowie ndcowie@cowiemott.com Thomas Schild Law Group, LLC www.schildlaw.com 401 North Washington Street, Suite #500 T: (301)251-1414 Rockville, MD 20850 Thomas, C. Schild, CCAL tschild@schildlaw.com Scott J. Silverman ssilverman@schildlaw.com BANKING AND FINANCIAL SERVICES

Mutual of Omaha Bank Community Association Banking/CondoCerts Noni Roan T: (301) 639-5503 Noni.Roan@mutualofomahabank.com WINTRUST Community Advantage T: (734) 276-3330 Metro DC www.communityadvantage.com Kim Myles kmyles@communityadvantage.com A leading provider of financial services to condominium, townhome, and homeowner associations.

ENGINEERS

Becht Engineering BT, Inc. 10717 Birmingham Way www.bechtbt.com Woodstock, MD 21163 T: (410) 461-3904 Bill Hasselman info@bechtbt.com

36 | QUORUM

Clean Advantage Corporation 4000 Pen Belt Place T: (800) 315-3264 District Heights, MD 20747 F: (301) 595-3331 www.cleanadv.com info@cleanadv.com MANAGEMENT SERVICES

Associa Community Management Corporation, AAMC 4840 Westfields Blvd, Suite 300 T: (703) 631-7200 Chantilly, VA 20151 www.cmc-management.com John Tsitos, cmca, ams, pcam jtsitos@cmc-management.com Barkan Management Company, Inc 8229 Boon Blvd., Suite 760 T: (703) 388-1005 Tyson Corner, VA 22182 F: (703) 388-1006 Michael Feltenberger, cmca, ams, pcam Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 T: (703) 934-5200 Fairfax, VA 22033 F: (703) 934-8808 L. Peyton Harris Jr., cmca, cpm lph@capitolmanagementcorp.net Cardinal Management Group 4330 Prince William Parkway, Suite 201 T: (703) 569-5797 Woodbridge, VA 22192 www.cardinalmanagementgroup.com cardinal@cardinalmanagementgroup.com Thomas A. Mazzei, cmca, ams, pcam CFM Management Services, AAMC 5250 Cherokee Ave, Suite 100 T: (703) 941-0818 Alexandria, VA 22314 F: (703) 941-0816 Christiaan Melson, ams, pcam c­­­­­­­­melson@cfmanagement.com

Comsource Management, Inc. AAMC www.comsource.com 3414 Morningwood Drive T: (301) 924-7355 Olney, Maryland 20832 F: (301) 924-7340 Gary M. Simon, cmca, ams, pcam gsimon@comsource.com FirstService Residential, AAMC, AMO 8701 Georgia Ave., Ste. 300 301-495-6633 Silver Spring, MD 20910 www.fsresidential.com Arthur Dubin, CMCA, PCAM, CPM arthur.dubin@fsresidential.com FirstService Residential DC Metro LLC, AAMC 11351 Random Hills Road, Suite 500 T: (703) 385-1133 Fairfax, VA 22020 Robert Teeling robert.teeling@fsresidential.com KPA Management, AAMC www.kpamgmt.com 6402 Arlington Blvd., Suite 700 T: (703) 532-5005 Falls Church, VA 22042 F: (703) 532-5098 Offering personalized service Ed Alrutz, cpm, cmca, pcam ealrutz@kpamgmt.com Sentry Management www.sentrymgt.com 4401 Ford Avenue, Suite 1150 T: (703) 642-3246 Alexandria, VA 22302 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20175 Dave Ciccarelli, ams, pcam dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle www.sequoiamanagement.com Chantilly, VA 20151-2283 T: (703) 803-9641 Craig Courtney, pcam ccourtney@sequoiamgmt.com SIGMA Real Estate Services 8911 60th Avenue T: (301) 513-9300 College Park, MD 20740 www.sigmares.com Constantin Anagnostopoulos, President info@sigmares.com

­­INDEX TO ADVERTISERS A Advanced Building Services, Inc. ...................................................................................................18 Aquasafe Pool Management, Inc....................................................................................................24 Associa-Community Management Corporation, AAMC....................................................................12 B Barkan Management, LLC, AAMC....................................................................................................4 Becht Engineering BT, Inc..............................................................................................................20 Berman & Wright Architecture, Engineering & Planning, LLC..........................................................16 C Capital Painting Co.........................................................................................................................27 PAINTING SERVICES AND RETAILERS

Capital Painting Co. www.capitalpainting.net 5520 Oakwood Road T: (703) 313-0013 Alexandria, VA 22310 F: (703) 922-1826 George Tsentas george@capitalpainting.net Ploutis Painting & Contracting Co., Inc. T: (703) 360-0205 8365 Richmond Hwy F: (703) 360-5439 Alexandria, VA 22309 info@ploutiscontracting.com Stella Ploutis www.ploutiscontracting.com Reston Painting & Contracting 619 Carlisle Drive Herndon, VA 20170 David Hamilton

Clean Advantage Corporation..........................................................................................................40 Community Advantage, a Wintrust Company..................................................................................33 Cowie & Mott. P.A...........................................................................................................................19 E Engineering and Technical Consultants.................................................................................... 22 F

T: (703) 904-1702 F: (703) 904-0248 dave@restonpaint.com

RESERVE STUDIES

Fantasy World, Inc. dba Fantasy World Entertainment ......................................................................9 The Falcon Group...........................................................................................................................39 FirstService Residential, AAMC.........................................................................................................2 FirstService Residential AAMC, AMO..............................................................................................21

Reserve Advisors 4600 North Fairfax Drive, Suite 404 T: (844) 701-9884 Arlington, VA 22203 www.reserveadvisors.com Michelle Baldry mbaldry@reserveadvisors.com

McMillan Metro, P.C. .....................................................................................................................35

RESTORATION SERVICES

Mutual of Omaha Bank@Community Association Banking & CondoCerts.......................................19

Titan Restoration Co Warrenton, VA T: (540) 349-1503 www.titanrestoration.com F: (540) 349-1512 Anita Puckett apuckett@titanrestoration.com

M

P Ploutis Painting & Contracting Co., Inc..............................................................................................2 R

ROOFING

King Contracting, LLC 6872 Wellington Road T: (703) 393-8000 Manassas, VA 20109 www.kingcontracting.net Doug King info@kingcontracting.net TWC Services, LLC PO Box 150277 T: (703) 971-6016 Alexandria, VA 22315 www.twcser.com Linda Walker info@twcserv.com WINDOWS & DOORS

Windows Plus, LLC & Allied The Window Center, LLC 4321 Markham Street T: (703) 256-0600 Annandale, VA 22003 F: (703) 942-6987 Kimberly Wayland kknight@windowspls.com

Reserve Advisors, Inc.....................................................................................................................23 Reston Painting Company..............................................................................................................39 S Sentry Management, Inc.................................................................................................................27 SIGMA Real Estate Services............................................................................................................13 T Thomas Schild Law Group, LLC......................................................................................................32 TWC Services, LLC..........................................................................................................................25 W Windows Plus, LLC & Allied The Window Center, LLC .......................................................................8 WINTRUST Community Advantage Bank.......................................................................................17

NOVEMBER 2018

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CUL-DE-SAC

By Brandi Ruff, CMCA, AMS, PCAM Brandi is the general manager at Skyline Plaza Condominium in Falls Church, VA. She is an active member of the Quorum editorial committee and a frequent contributor. One of her favorite quotes is “Your gifts are not about you. Leadership is not about you. Your purpose is not about you. A life of significance is about serving those who need your gifts, your leadership, and your purpose.”

Kevin Hall, author “Aspire.”

Season Your Words

I

n life, change does not occur in silence.

Change usually involves some level of conflict, and the best way to address conflict is through communication. Communication is a training tool that allows each person to express their displeasure and their desires.

While training is associated with the young, it also applies to adults - and not just in a classroom setting. Many adults may baulk at the idea that they are being trained regularly, but various methods of “training” are used to influence a desired behavior in a variety of settings. Proper communication allows people to learn, grow, and function within acceptable societal standards. The 4 primary types of communications are interpersonal (face-to-face), non-verbal (body language, eye contact, facial expressions, etc.) oral (verbal), and written (emails, memos, letters, flyers, newsletters, etc.).

As a manager, it is expected that all forms of communication will be used throughout the workday. However, interpersonal and verbal forms of communications tend to be used more frequently when dealing with board of directors, employees, business partners, and residents. On the other hand, written communication is inextricably linked with day to day activities to follow up on any verbal communications, but also to speak to the community at large. Much of a manager’s communication is used to train people: to follow rules, to be courteous to others, to understand the shared community environment, and to work together to produce the optimal living setting for everyone.

A person’s proficiency for each type of communication will differ, but conveying information (no matter how uncomfortable) a

38 | QUORUM

central part of a manager’s job responsibilities and duties. While a person may not like the information presented, it still needs to be said even if the person doesn’t like it. At times, it is difficult for the receiver to separate the message from the messenger or the messenger’s delivery style. Unfortunately, blending these elements tends to breed a pervasive undercurrent of discontent which impacts the ability for the message to be heard. Many times, non-verbal cues add another layer to this harmful undercurrent.

Research indicates that approximately 75 - 90% of all communication is interpreted through non-verbal cues. Despite this wellknown fact, many non-verbal cues are not consciously recognized or controlled by the message giver. Regardless of what is said or written, non-verbal cues can affirm or negate all other forms of communications. There is a high likelihood that the person’s preferred style to receive a message will not match the delivery style of the person giving the message. A person’s non-verbal cues can hinder or bolster one’s communication success.

Delivering a message that a person does not like or want to hear is especially difficult.

Certain personality types and communication styles can compound the difficulty. Of course, a person’s delivery style can make the information being delivered more palatable or inedible. I read that communication is similar to seasoning (i.e. herbs and spices); you have to adjust the flavoring to the other person’s liking. Each person’s tastes are going to differ: from a dab to pure fire.

It is like selecting the sauce for your wings at Buffalo Wild Wings. There are some people who require no seasoning (plain),

others may require a mild flavor like Sweet BBQ, while others may require chili peppers and hot sauce, like Blazin’ or Desert Heat.

You must find the appropriate seasoning that works for the receiver. The seasoning should enhance the message, not distort it, so season purposefully. Regardless of the seasoning, there are some communication faux pas that should be avoided, including not listening, talking over a person, name calling and personal attacks, blaming, condescending tones, and intentional deceitful language. These mistakes can be made in writing as well, so keeping these missteps out of all forms of communication will, at a minimum, reduce the likelihood of escalating contentious conversations.

Communication is a dynamic and many times spicy two-way experience. Unfortunately, the burden typically falls to one side: the person delivering the message. Realistically, both parties need to take ownership of their part in the conversation to ensure that the information given is the information received and vice-versa. This means that each person is responsible making sure they understand the information that is needed by providing feedback and clarifying any confusing or potentially misunderstood points.

No matter the method of communication, it is important to provide the necessary message to the intended person or audience.

It might not be e a s y, a n d i t might not be popular, but deliver the message that needs to be communicated. With the appropriate seasoning, the message tastes a little better.

The Falcon Group Engineers, Architects and Reserve Specialists

ARCHITECTURE & ENGINEERING SERVICES CAPITAL RESERVE STUDIES & TRANSITION REPORTS

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