Quorum October 2020

Washington Metropolitan Chapter Community Associations Institute

OCTOBER 2020

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

ethics ALSO IN THIS ISSUE

______________________________ Duty of Care and What It Really Means for Board Members ______________________________ Recovering an Additional Insurance Payment: An Unethical Process? ______________________________ Contractor Code of Ethics - A Mythical Unicorn? ______________________________ The Runaway Board

DC METRO’S PREMIER ASPHALT & CONCRETE PROVIDER

Providing reliable service & craftsmanship to Property Managers since 1987

PAINTING

RESTORATION

CONSTRUCTION

ONE-DAY SERVICE

703-904-1702 | restonpaint.com SERVING VIRGINIA - DISTRICT OF COLUMBIA - MARYLAND

OCTOBER 2020

­CONTENTS 12 Duty of Care and What It Really Means for Board Members

BY OLGA TSELIAK, ESQ.

14 A Board Member’s Duties: What Not to Do

BY THOMAS MUGAVERO, ESQ.

17 Educating Yourself to Be a Better Person

BY MIKE MATTHAI

18 Keep Personal Agendas Out of Being a Board Member

BY LEE ANN WEIR, CMCA, AMS

20 Recovering an Additional Insurance Payment: An Unethical Process?

DEPARTMENTS AND MORE 5 Message from the Executive Director 6 Chapter Benefactor: Minkoff Company 7 Chapter Benefactor: RCN 9 Welcome New Members 10 Upcoming Events 13 People & Places 34 Cul-de-sac: Good Intentions Are Not Enough 36 Classifieds 37 Index to Advertisers

BY JESSICA M. KNUTSEN, CIC, EBP

22 Ethical Responsibilities of Design Professionals in the Current Climate & Beyond

BY MARVIN BENNETT, SR., P.E., RS

26 Contractor Code of Ethics - A Mythical Unicorn?

BY KIRBY MCCLEARY, P.E.

28 Avoiding the Traffic Jam

BY TOM MARKELL, AMS, PCAM

30 The Runaway Board

BY SAM LE BLANC

32 The Role of Former Board Members

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

BY TOM BURRELL

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.

OCTOBER 2020

|3

President Airielle Hansford, CMCA, AMS, PCAM President-elect Michael Gartner, ESQ. Vice President Ruth Katz, ESQ. Secretary Sara Ross, ESQ. Treasurer Kristen Melson, CMCA, AMS, PCAM Immediate Past President Rafael A. Martinez, CTP (EX OFFICIO) Executive Director Jaime Barnhart, CMP, CAE (EX OFFICIO)

D IRECTOR S Leslie Brown, ESQ., Doug Carroll, Hilary Lape, AMS, PCAM, Judyann Lee, ESQ., Sara Ross, ESQ., Gary Simon, CMCA, AMS, Jon Stehle

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

CO MM I T TE E C HAI R S Conference & Expo Donna Aker, CMCA, AMS, PCAM and Chris Goodman D.C. Legislative/LAC Scott Burka, CMCA, AMS, PCAM, and Jane Rogers, ESQ. Education Kathryn Hutchinson, CMCA, AMS, PCAM and Todd El-Taher Golf Adrienne Zaleski and Brian Lord, CMCA, AMS, PCAM Maryland Legislative Scott Silverman, ESQ. and Aimee Winegar, CMCA, AMS, LSM, PCAM

Public Outreach Elisabeth Kirk and Kim Myles, CMCA Membership Jeffrey Stepp, CMCA, AMS, and Noni Roan, CMCA Quorum Editorial Christopher Carlson, PE, SECB and Liliana Martinez, CMCA, AMS

Chapter Events Kristen Adams and Jen Ann Santiago, CMCA, AMS, PCAM 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 Christopher Carlson, PE, SECB and Liliana Martinez, CMCA, AMS Members Michelle Baquero, CMCA, AMS, Dan Blom, ESQ., Mira Brown, CMCA, AMS, Leslie Brown, ESQ., Kristen Buck, ESQ., Doug Carroll, Deborah Carter, CMCA, AMS, PCAM, Sara Castle, Traci Castrovinci, CMCA, AMS, Frannie Crouse, Brittanie Davis, CMCA, AMS, PCAM, Katie Halfhill, CMCA, AMS, Iman Jackson, CMCA, AMS, Kevin Kelly, Jessica Knutsen, EBP, CIC, Richard Kuziomko, CMCA, AMS, PCAM, Crishana Loritsch, CMCA, AMS, PCAM, Liliana Martinez, CMCA, AMS, Kirby McCleary, Susan Miller, CMCA, AMS, Kara Permisohn, Tracy Plazyk, CMCA, AMS, Brandi Ruff, CMCA, AMS, PCAM, Lauri Ryder, CIC, CRM, CMCA, Janet Smith, Gunnar Thompson, Susan L. Truskey, ESQ., Olga Tseliak, ESQ., Lee Ann Weir, CMCA, AMS, Doug White, P.E., 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 3,200 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 2019 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.

Years ago, we all walked into a new room, chose a seat, and sat down among new people, who we hoped would be our new friends. As the days went by, we learned new skills, shared knowledge, and created a place of belonging.

What are those things we learned? Here are my top five: 1. Share. I also see this lesson as “Be A Team”. And in today’s world, this is so important. We are all facing uncertainties about our health, employment, economics, and what is next for our communities, locally and nationally.

Each of our experiences are the same and different. Imagine what can be accomplished by sharing those experiences with each other and coming together with common goals to move us forward!

2. Wash Your Hands. This seems like a no-brainer, right? These days, you can add “Wear A Mask” to this lesson as well. Taking a step back, this is all about doing the simple things to stay healthy – physically, mentally, and emotionally.

FROM THE EXECUTIVE DIRECTOR

O FFICE R S

3. Live a Balanced Life - learn some and think some and draw and paint and sing and dance and play and work every day some. Some days and weeks, this is easier than others. Our work lives seem to take over the hours of our days and now, with so many working from home due to the pandemic, our home and work lives have collided. Make sure you take time to enjoy simple things away from your laptop – get outside and kick to soccer ball with your kids, go for a run, listen to podcasts to learn about something new. When we take time to enjoy things around us, we do better at all the things on our to do lists.

4. When you go out in the world, watch out for traffic, hold hands, and stick together. Literally, this lesson is important. But thinking about it in terms of life, this is the key to success. Here at the chapter, this is my focus. Let’s go out into our members’ worlds and be part of their solutions.

We do this through education sessions, providing time for our members to connect during networking events, and in advocacy for community associations through our LACs. Without the hard work and dedication of our chapter leaders, committee members and the staff, none of this is possible.

We hold hands and stick together – especially now as we navigate through the impact of the virus on chapter operations and finances. We will get through it – together.

5. Be aware of wonder. My favorite lesson. Remember to stop and look around – there is so much good in the world. Turning on the news some days makes it hard to see but look for it. It is there. Find it, embrace it, and know that good times are ahead and even now, we can smile, laugh, learn, and grow…together.

So, when did we walk into that room and learn these lessons? Kindergarten.

But each of these lessons remains true now. This month’s issue is dedicated to all things, “Ethics”. Before getting into legal terms and procedures, let this be a nice introduction and reminder to be open and accepting of one another and all of our unique and beautiful differences during these challenging times. We all need a little kindness wherever we can find it.

JAIME BARNHART,

CMP, CAE

Jaime Barnhart, as the chapter’s executive director, is responsible for implementing the organization’s mission and goals, and managing its staff. Jaime has worked in non-profits/associations in the D.C. Metro area for over 15 years focusing on program management, events and trade shows, and marketing. She joined WMCCAI as the events manager in 2015.

OCTOBER 2020

|5

CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Minkoff Company 11716 Baltimore Avenue Beltsville, MD 20705 Telephone: (301) 652-8711 Fax: (301) 656-0338 Website: www.Minkoff.com

Today, Minkoff Company is among the largest independent restoration firms in the nation, operating from its headquarters in Beltsville and from satellite offices in Northern Virginia and Bethesda, MD.

Year Established or Incorporated: 1947 • CAI Member Since: 1989

• Certificate of Insurance: Yes • Bonded: No • Areas you serve: Baltimore & DC Metropolitan Regions • Services Provided: Fire, water, and storm damage mitigation and full-scale reconstruction • Licenses Held: MHCI, Class A Virginia Contractor • Corporate Associations: AOBA, CAI, PMA, IREM For 70 years, Minkoff Company has been assisting the property management industry with turnkey restoration services at properties damaged by fire, water and numerous other causes.

Minkoff Company works closely with every major insurance carrier in this region and is prequalified to respond to emergencies in a service territory that ranges from Southern Pennsylvania, Maryland, Virginia, the District of Columbia, and West Virginia.

The tradition of building strong client relationships is another corporate principle that dates back to the late 1940s.

The company prides itself on the fact that it has grown from an organization of four or five staff members to an employee base of approximately 100 professionals operating from more than 50 service vehicles throughout the region. The staff is experienced and has been involved with thousands of restoration projects. From small water damage incidents to large-scale, catastrophic fires, Minkoff Company offers a level of service that most others find impossible to match.

When you think of Minkoff remember that “We Respond, We Restore”.

Minkoff Company has been serving the restoration and emergency response needs of the property management industry for decades. Minkoff also capitalizes on its construction expertise to undertake large-scale renovations and capital improvement projects.

The company’s tradition of relationship building continues to today, evidenced by Minkoff ’’s involvement in several chapters of the Community Associations Institute, many other property management and insurance industry trade groups.

Contacts: Greg Minkoff, gminkoff@minkoff.com

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

RCN 10000 Derekwood Lane Lanham, MD 20706 Telephone: (301) 531-2992 Fax: (301) 531-2145 Website: www.rcn.com Year Established or Incorporated: 1995 • CAI Member Since: August 2014 • Certificate of Insurance: Yes • Bonded: Yes • Areas you serve: Washington, DC; Northern VA and Montgomery County, MD • Company Philosophy: • Do what we say we are going to do • Take care of each other • Focus on taking care of customers • Have fun Consistent with the mission statement, RCN’s commitment during COVID-19 remains focused on members within the communities it serves by offering affordable connectivity with the Internet First Program. In addition, RCN and its family of companies have donated $100,000 in total to help Feeding America® and support their respective local food banks. For details on all these programs and additional updates on the company’s response to COVID-19, please visit rcn.com/we-care.

RCN has proudly served the DC Community for more than 25 years and has emerged as one of the most reliable and technologically-advanced providers of telecommunication services for residential and business customers.

With award-winning Internet, streaming TV and the #1 rated Customer Service in DC, RCN is committed to keeping customers connected and delivering the best entertainment experience possible. Backed by our Customer Pledge to put the customer first in everything we do, RCN strives to ensure that customer experiences are great, every time.

RCN offers. . .

Award-Winning Gig Internet • Surf, game, stream, and connect wirelessly with Gig Internet, up to 940 Mbps.

• 2020 PC Mag: #1 Recommended Internet Service Provider in DC. • 2020 US News & World Report: #1 Cable Internet Provider Nationwide.

• 2019 City Paper: Best Internet Provider and Best Cable Provider.

Streaming TV • Watch your favorite channels and the most popular streaming apps all in one place.

Unlimited Phone • Includes 17 popular features plus unlimited calling in the US, Canada, US Virgin Islands, and Puerto Rico.

Enhanced Whole Home WiFi • For every apartment and home --no more dead spots with Whole Home WiFi powered by eero. #1 Rated Customer Service in DC • Next day installation as available.

• PPE safe service appointments.

• U.S. based, 24/7 customer service and certified technicians.

RCN not available at your residence and want to learn more?

Go to www.rcn.com/getrcndc Disclaimer: A trademark of Ziff Davis, LLC. Used under license; Where Available. Reprinted with permission. © 2020 Ziff Davis, LLC. All Rights Reserved. ©2020 Starpower Communications, LLC. All rights reserved.

Contacts: Arwen Bain-Cosby, Arwen.bain@rcn.net

OCTOBER 2020

|7

BRINGING COMMUNITY TO

YOU.

Looking for the best in community management? Let us help.

At Associa, we are uniquely positioned to help your community accomplish your goals. Our property management services bring a powerful combination of wide-ranging resources and a personal touch to each community we service, no matter the size or community type.

We provide the full suite of services every community needs to thrive, including top-tier management, comprehensive maintenance and a customizable menu of additional services. Our local, qualified staff are committed to being your trusted advisors every step of the way.

Associa Community Management Corporation Legum & Norman, An AssociaÂŽ Company www.associaonline.com

Associa Select Community Services

Proudly serving Washington, DC, Virginia, Maryland and the Eastern Shore

988187_Associa.indd 1

20/11/19 12:19 PM

WMCCAI proudly welcomes the following members who joined the chapter in August 2020.

Homeowner Leaders from the Following Associations Cathcart Springs Homeowners Association Decoverly IV Condominium Association The Unit Owners Association of Park Square Condominium at Potomac Club The Unit Owners Association of Ryan Condominiums at Potomac Club Timberbrook Condominium, Inc. Wentworth Green Condominium Association Individual Managers Valentina Ajari Nicholas Alfieris, Cardinal Management Group, Inc., AAMC Christel Bonaro, Bonaro Property Management Sophia A. Bratcher, Gates Hudson Community Management, AAMC Paige Brown-Jones, Landmarc Real Estate, AAMC Rebecca D. Brunner, Cardinal Management Group, Inc., AAMC Debbie Checco, Cardinal Management Group, Inc., AAMC Camille Gaines Lataya Glover Edward Grandi

955765_Gardner.indd 1

Lisa Horton Sarina A. Howard, Legum & Norman, Inc., AAMC Joan Jaeger, Cardinal Management Group, Inc., AAMC Elizabeth Lautzenheiser, Burke Community Management Group, LLC Carlton Maupin, Cardinal Management Group, Inc., AAMC Laura McClelland, Cardinal Management Group, Inc., AAMC Ben Mengstab, Cardinal Management Group, Inc., AAMC Lisa Pelehowski, Community Management Corporation, AAMC Corey Phillips, Cardinal Management Group, Inc., AAMC Luis J. Quinones, First Priority Management Lorraine Robinson, Cardinal Management Group, Inc., AAMC Julie Seeley, Cardinal Management Group, Inc., AAMC Robert B. Terrant, Jr., Burke Community Management Group, LLC Gerardo Triminio, Gates Hudson Community Management, AAMC Brittany Turner, Burke Community Management Group, LLC Jessica Wenninger, Landmarc Real Estate, AAMC

CHAPTER NEWS

Welcome New Members

Multi-Chapter Business Partner Architectural Support Group, LLC T/A ASG

OCTOBER 2020

09/03/19 1:58 AM

|9

UPCOMING EVENTS

Please Note: All Upcoming Events are considered TBD and subject to change as we continue to closely monitor the COVID-19 pandemic. We encourage you to frequently visit our website at www.caidc.org to find the latest information, event updates, and member resources. Stay healthy and stay connected with us and your colleagues on our social channels as we navigate these next few months together!

OCTOBER 16

2020 Golf Classic 8:30 a.m. – 6:30 p.m.

Westfield Golf Club 13940 Balmoral Greens Avenue, Clifton, VA 20124

Grab your clubs and join your WMCCAI colleagues for a day of golf at Westfields Golf Club.

Spend the day on this popular and challenging course, win door prizes and enjoy food and festivities. Registration includes greens and cart fee and food & beverage on the course, and more. NOTE: To ensure the health and safety of our golfers, a limited number of foursomes will be available at our 2020 event. So, don’t wait to register! Spots will fill up fast! Additionally, non-golfing and networking activities are currently under review; further information will be posted at a later date. Visit www.caidc.org for more details and to register online.

OCTOBER 26

Legislative Series: Part 1 (Virginia Legislative Update) 12 – 1:30 p.m.

Online Webinar

Join WMCCAI for a Monday Legislative Madness a three-part series on legislative updates in Virginia, DC, and Maryland. These insightful sessions will be led by the Virginia LAC and Legislative Committee, DC LAC and Legislative Committee and Maryland LAC and Legislative, respectively. Each session will update on state legislation and what to expect heading into 2021.

The DC session will include a few board leadership modules and budgeting. Each session is worth 1.5 credits. Visit www.caidc.org for more details and to register online.

OCTOBER 29

Building Maintenance Series: Part 2 (Plumbing & Piping) 12 – 1 p.m.

Online Webinar

Join WMCCAI for a three-part series on building maintenance. These insightful webinars lead

by Doug White of Thomas Downey, Ltd., Consulting Engineers, Ted Ross of TRC Engineering and Kathryn M. Hutchinson, CMCA, AMS, PCAM General Manager at Greenhouse Condominium Council of Co-Owners, Inc. will help you understand the system and structural basics of buildings, including, routine maintenance needs. Additionally, you will be well positioned to identify problems, develop repair options and budget for building maintenance costs. Visit www.caidc.org for more details and to register online.

OCTOBER 31

Halloween “Trunk or Treat” Networking Event 1 – 3 p.m.

WMCCAI Chapter Office Parking Lot 7600 Leesburg Pike, Falls Church, VA 22043

Join WMCCAI for our first annual Trunk or Treat! Visit our Trunkers as they treat you with Spooktacular goodies. Dust off your costumes, bring your family on a broom and connect with us and your association industry service providers for a socially responsible Chapter treat.

Mask up and wear your best or funniest costume for a chance to win prizes. It will be a ghostly good time! Note: For the health and safety of trunkers and treaters we ask that masks be worn, and social distancing be practiced. Happy Haunting! Visit www.caidc.org for more details and to register online.

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

Cardinal Management Group, Inc. Welcomes New Community Associations

Associa was certified as a great workplace by the independent ana lysts at Gre at Place to Work® for the fourth consecutive year. The Great Place to Work® certification is based on direct feedback from employees, provided as part of an extensive and anonymous survey about the workplace experience.

The Cardinal team would like to welcome Residences at Station Square Condominium, located in Arlington & Virginia Heritage Community Association, located in Fredericksburg as two of the latest client partners to join the CMG family.

Despite the impact that the COVID-19 pandemic has had on working conditions across North America this year, 94% of employees indicated that Associa is a physically safe place to work. While safety has always been a focus, Associa teams have worked diligently to respond to the pandemic and ensure the health and well-being of employees.

“It is an honor to receive the Great Place to Work® certification for the fourth year in a row, as Associa is consistently working toward improving our employee experience,” stated Chelle O’Keefe, Associa executive vice president and chief human resources officer. “We truly believe that our employees are our company’s greatest asset, so receiving this designation celebrates our continued dedication to creating a company culture that celebrates our team members, their talent, and their contributions to our success.”

“We congratulate Associa on their certification,” said Sarah Lewis-Kulin, vice president of Best Workplace List Research at Great Place to Work®. “Organizations that earn their employees’ trust create great workplace cultures that deliver outstanding business results.”

To learn more, visit www.associaonline.com.

PEOPLE & PLACES

Associa Earns Designation as a Great Place to Work-Certified® Company in the United States for 2020

The community will be managed by Tom Markell, Assistant Vice President at Cardinal who is looking forward to working with the onsite management team to bring value and results.

Victoria Garner, Executive Vice President of Cardinal Management Group, Inc. is enthusiastic about the team’s continued growth, particularly in the Stafford and Fredericksburg areas and is honored to have had the opportunity to work with the very talented and experienced community volunteers at Virginia Heritage through the long and strategic search process. Virginia Heritage, a community still in development is sure to benefit from Cardinal’s vast experience with active adult communities. Congratulations to Ms. Karen Cook on her promotion to the On-Site General Manager position at Virginia Heritage!

CEO Thomas Mazzei said “We are proud to continue our pattern of scalable growth and are looking forward to making an impact in these communities. We are passionate about 2020; it’s an exciting and rewarding time for both our team and client partners.”

National Realty Partners Announces Promotion of April Meza to President National Realty Partners is proud to announce the promotion of April Meza, CMCA, AMS, PCAM to President.

Jim Foley shared, “At NRP we want to continue growing. Our next steps will require additional Senior Level leadership. We had to ask ourselves; Who can we trust? Who believes the best way to operate a company is to put our associates first? Who is equally fluent in Common Interest Community governance, management, finance, accounting and employment practices? Who is willing to stand up for all that NRP stands for and is a well-respected member of the Common Interest Community? It was an easy question for Betsy and me to answer. That person is April Meza.”

Please take a moment to congratulate April, a phenomenal performer for many years and has truly earned our trust and confidence. NRP looks forward to reaching new heights as the leadership team and company continues to grow. For more information, please visit www.nrpartnersllc.com.

OCTOBER 2020

| 11

By Olga Tseliak, ESQ. Olga is an associate attorney with the law firm of Chadwick, Washington, Moriarty, Elmore & Bunn P.C. Her practice is devoted to community association representation, including such matters of covenant interpretation and enforcement, contract law and collections. She is an active member of WMCCAI’s Quorum Editorial Committee.

DUTY OF CARE

and What it Really Means for Board Members

A

s anyone familiar with community associations knows, the term “fiduciary” and “fiduciary duty” are commonly thrown around by managers, board members, and owners as generic “catch-alls” to describe board member obligations. Although they are undoubtedly popular buzzwords, their prevalence often oversimplifies their meaning – to the detriment of unwary board members. While some fiduciary duties are straightforward and easy to fulfill, others are more nuanced and have proven treacherous for even well-meaning and cautious board members. Thus, it is imperative for board members to understand their duties to protect both themselves and their associations from potential liability.

Despite common usage, the term “fiduciary” actually applies to a class of duties as opposed to a singular, fiduciary duty.

Namely, there are three fiduciary duties: (i) the duty of obedience, (ii) the duty of care, and (iii) the duty of loyalty. While the duty of loyalty and the duty of obedience are fairly self-explanatory and straightforward, the duty of care can be far more tricky to navigate. Consequently, this article will help to elucidate what the duty of care entails and what the law requires of board members.

12 | QUORUM

Duty of Care: Reasonableness Standard In layman’s terms, duty of care stands for the principle that the directors and officers of an association, in making decisions in their official capacities, must act in the same manner as a reasonably prudent person would for themselves under similar circumstances.

As such, every decision made by the board of directors should be (i) within the confines of the authority granted to the board by an association’s governing documents (i.e., Declaration, Article of Incorporation, and/ or Bylaws); (ii) made after reviewing all pertinent information and conducting reasonable due diligence; (iii) supported by advice of experts (where appropriate); and (iv) reasonably believed to be in the best interests of the association.

Business Judgment Rule From a practical perspective, the reasonableness standard is often parred down even further to focus specifically on the last prong.

Better known as the Business Judgment Rule, this narrow focus on the last prong creates a presumption that board decisions are based on sound business judgment and entitled to deference, which can be rebutted only by a factual showing of fraud or bad faith.

Under the Business Judgment Rule, courts will defer to a board’s judgment as long as the board’s decisions are made in good faith and the board members reasonably believe

they are in the best interest of the association. A decision need not be “correct” or successful; rather, so long as a board acted in good faith after conducting reasonable due diligence, courts will not question the action of the board.

In Virginia, the Business Judgment Rule is codified in the Virginia Nonstock Corporation Act. Specifically, Section 13.1-870 of the Nonstock Corporation Act sets forth the general standard of conduct for directors of nonstock corporations. Section 13.1-870 (A) states that a “director shall discharge his duties as a director, including his duties as a member of a committee, in accordance with his good faith business judgment of the best interests of the corporation” and Section 13.1-870(B) states that a director is entitled to rely on information, opinions, reports or statements of various experts – legal counsel, public accountants, or other professionals.

Finally, Sub-Section C exculpates a director from any liability for an action or a failure to take an action if he performed the duties in compliance with the duty of care.

Washington, D.C. and Maryland have similarly codified the Business Judgment Rule to protect board members from personal liability for bad decisions made in good faith after reasonable due diligence. Furthermore, many governing documents incorporate the Business Judgment Rule and expressly im-

munize board members from personal liability for poor decisions – provided they are made in good faith after reasonable due diligence.

Practical Application Although the duty of care applies to every board decision, it is most-often scrutinized when those decisions concern controversial matters such as: (i) budgetary and fiscal management of an association; (b) common area maintenance; and (iii) rules adoption and enforcement. Indeed, all but the most-fortunate board members have likely heard murmurs or outright allegations concerning fiduciary duties when making unpopular decisions or taking enforcement action against individual owners.

A few real-world examples help flush out the concepts set above. For example, a board member who recently lost a job and is experiencing personal financial hardship should not vote against a proposed increase in annual assessments to protect their personal interests when he knows that the increase is necessary to meet the association’s obligations. The duty of care dictates that any decision made for the association must be in its best interest regardless of the personal interests of a board member.

Similarly, a board member cannot single out one community member for a covenant violation out of personal prejudice or other negative motivations while ignoring similar violations by others.

Rule adoption and enforcement must be fair, equitable and uniform. Often times, these types of actions result in claims of “selective enforcement” and allegations that the board is acting arbitrary and capriciously.

Finally, the boards should not ignore maintenance obligations solely to keep the budget low – if community property requires a repair or replacement, adequate steps should be taken by the board to care for the association’s property. Typically, a board’s failure to prop-

erly maintain common areas or common elements comes to light after a casualty loss and involve claims for both breach of contract and breach of fiduciary duty. Given that the latter carries the risk of personal liability for board members, it is best to ensure that board members do all they can to ensure that their associations fulfill their maintenance obligations.

How to Meet Your Duty of Care If this article has completely discouraged you from serving on a board – don’t be! Meeting duty of care is fairly simple if one adheres to the following rules: (i) regularly attend meetings; (ii) review board package/agenda ahead of time; (iii) do your research! (e.g., when selecting a contractor for a specific job, you should always review bids, check references, reviews, interview people, etc.); (iv) consult with experts – ask you manager, call your lawyer; (v) have a working knowledge of the association’s documents; (vi) be familiar with the association’s issues, budget and concerns of the community; (vii) vote at Board meetings; and (viii) always keep “best interests” of the association in mind.

In short, as a board member, one should be actively involved in their association’s affairs, always conduct appropriate research, utilize experts and consider all options, and carefully weigh which course of action would be in the best interests of the association. Provided that one complies with the foregoing rules, they will have satisfied the duty of care and protected both themselves and their associations from potential liability.

OCTOBER 2020

| 13

By Thomas Mugavero, ESQ. For over two decades, Thomas has engaged in a business litigation practice throughout Virginia, Maryland, and the District of Columbia. He has appeared in both federal and state courts on behalf of community associations on a wide range of issues, including discrimination and fair housing claims, director liability, premises liability (including mold claims) and personal injury claims.

He has also litigated dog-bite claims and works with rescue societies. Thomas is a graduate of Yale University and Georgetown University Law School and is currently Of Counsel with the law firm of Whiteford, Taylor & Preston.

A Board Me mber’s Duties:

What NOT to Do

A

board member owes a duty of loyalty and care to the association. This means more than being thoughtful and deliberate in making decisions and being considerate of the needs of the residents.

It also means a healthy understanding of what not to do as a board member.

There is really one over-arching concern: a board member should not breach that duty of care owed the association. Rules and Procedures, confidentiality provisions, limits on authority – these are all in place to make sure that everything operates properly. Ignore that duty, and you throw a monkey wrench into the system.

Do Not Ignore Procedures Both the governing documents and the statutes set forth specific procedures for scheduling meetings, changing rules, imposing fines, or raising assessments. The board ignores these requirements at its peril. If someone in the association is going to oppose it, ignoring the proper procedure, gives them one more reason to block the measure.

They challenge the contract through an administrative complaint; or won’t pay the special assessment; or refuse to follow the new regulation created in the meeting. Enforcement is hard enough; you don’t need to add distractions.

14 | QUORUM

Do Not Ignore Experts Every Board member brings education and experience to the table. So, however, do those experts retained by the association,

and they should not be ignored. Did your most recent Reserve Study recommend building up the reserve fund? Don’t refuse

YOUR ASSOCIATION

BANKING PARTNER RECENTLY FINANCED PROJECT Wintrust Community Advantage offers a complete suite of financial products and services to townhome, homeowner, and condo associations. We tailor these products to the unique needs of these community associations.

$1,000,000 Garage deck repair College Park, MD

KIM MYLES, CMCA communityadvantage.com

VICE PRESIDENT Wintrust Community Advantage - MD/DC/VA kmyles@communityadvantage.com C: 734-276-3330 | D: 240-772-1212

Wintrust Community Advantage is a division of Barrington Bank & Trust Company, N.A., a Wintrust Community Bank.

1014275_WINTRUST.indd 1

8/28/20 12:28 AM

the raise assessments, because you’ll end up without money for necessary repairs and a special assessment. Did your engineers find a serious structural problem? Don’t wave aside their advice because there will be some catastrophic failure. Did your lawyers tell you that some policy was unenforceable? It’s far better that you listen to them now, before you get the same ruling from a court after years of expensive litigation.

troubling: a number of employment statutes can be violated inadvertently, creating liability for the association. In all three instances, however, both the validity of the action taken, and the overall authority of the board are called into question – and life gets harder around the neighborhood. The board should leave the property management, repairs and code enforcement to the appropriate employees or committees.

The duty of care means that you listen to all viewpoints, including those experts who have been specifically hired to assist the board.

Even allowing for your own experience and intellect, don’t think that you always know better than the expert does.

This, incidentally, is where term limits are useful. The longer a person serves on the Board, the farther they travel from “This is how things should be done” to “This is how we’ve always done things,” all the way to “We will do it my way, because I say so.” You get to that last stop, and the train has all but derailed.

Do Not Overstep Your Authority Board members guide the property management company, decide on disputes and rules infractions in the community, and make policy decisions for the association. Trouble arises, however, when a board member takes matters into his/ her own hands. This could mean that he makes decisions without consultation with or oversight by the board. Remember, even the decisions of a subgroup of the board is reviewed by the rest of the board. When a board member goes rogue, however, that oversight is lost.

There are cases where board members have: (1) threatened to impose outrageous sanctions for rules violations; (2) spent tens of thousands of dollars on community projects that the board hadn’t approved or budgeted for; or (3) dragged the association into questionable business deals.

Do Not Breach Confidentiality

In other cases, the board member might interfere where he doesn’t belong –conducting spot inspections of member homes for perceived violations, trying to do repairs in the common areas, or supervising the association employees. The last one is particularly

The duty of care has two sides: a positive and a negative. It is the obligation to give your best efforts on behalf of the community, and the prohibition against doing harm because of your actions. A good board member keeps both sides in mind at all times.

The Executive session exists for a reason. Discussing confidential matters outside the confines of an executive session (including e-mails between members) not only betrays the trust placed in the Board, but opens the Association up to possible liability. The practice is especially dangerous if the Association gets involved in litigation. A privilege claimed for what is discussed in executive session may be lost if that information is disclosed to a third party. E-mails that discuss confidential matters can be disclosed through document production. At that point, the whole world will know what the board should have kept confidential.

This duty – unlike the others above – extends even after the member leaves the board. Thou shalt never, ever discuss in public what was discussed in executive session.

OCTOBER 2020

| 15

You want an established management partner with the strength and proven ability to ensure your community enjoys the professionalism and uncompromising commitment to quality you deserve.

You’ve got it with Barkan.

Why not find out more?

MANAGEMENT

703.388.1005 barkanco.com

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.

By Mike Matthai Mike is the Vice President of Business Development at C&C Complete Services. He has acquired multiple industry certifications, including- WRT, MRT, ASD, FSR, and LEED GA. Mike grew up in Westminster, MD and attended Towson University, earning a degree in International Business. He enjoys continuing education by participating as a GA in training classes, seminars and giving talks about related experiences over his 25-year career. Mike lives in Lutherville, MD with his wife, two sons, and his dog.

Educating Yourself TO BE A BETTER PERSON

I

grew up in Carroll County Maryland at the time when it was mostly farms. My parents had a library and it was the best thing that could have happened to a high school kid who’s looking for answers school wasn’t teaching. I came across the book called, How to Win Friends and Influence People, and the title appealed to me because I wanted to learn how to talk to girls. At the time, I had no idea how monumental this book was over the 20th century. I read the book that summer, going into my junior year of high school. It served me well and it changed my life greatly from that point forward in ways I couldn’t imagine. It opened the door to help me build stronger and more meaningful relationships with family and friends. Also, it helped me in business in ways that I couldn’t imagine at that time.

Because of that book, I could appreciate the power of self-education through books seminars and programs and I began to take personal responsibility for the things that I wanted to know about in life. I began reading all the books I could get my hands on, to solve the challenges I pondered. You see, I had the will; the want for learning what I didn’t know. It’s unfortunate that most people, once they graduate high school, never pick up another nonfiction book again. For that matter, some folks figure they passed the continuing ed seminar because it was a requirement, and the learning ends there. The fact is, we must refill constantly, the info we learned and have since forgotten. Zig Ziglar has a saying, “You gotta will, skill, refill.”

It might beg the question, why should I do this? In a simple word, competition. In the world of business, there is always someone better, faster or smarter. Let these sources of information be your equalizer. The main

reason we need to keep learning is to make sure we have more than one skill, whether it’s strengthening your respective trade, or learning to be a better person/employee/leader.

My mentor at my first job out of college would say, “Mike, you don’t know what you don’t know. So make sure you do your homework before you talk to a customer about your wares, and understand their business before the meeting.”. Thankfully, these days that’s easy to do by using social media. Back at that time, I had to pick his brain about our customers, and take notes.

In addition my mentor said, work harder on yourself than you do in business. He believed if you do this, one will positively affect the other. You know what, he was right... You will ultimately start building new personal philosophies that impact all aspects of life including your friends and family. It comes down to changing you, and if you will do it, the rest of your life will change. Your health, wealth, and attitude will change. What’s not to like about that?

OCTOBER 2020

| 17

By Lee Ann Weir, CMCA, AMS Lee Ann is the General Manager for Quarry Springs at Stoneyhurst Condominium located in Bethesda Maryland. She is honored to work with an incredible team of concierge, gate attendants and maintenance personnel. Outside of work she is the President of the After Prom Party for Rockville High School.

Lee Ann has been an active member of the Quorum Editorial Committee for the past four years.

Keep Personal Agendas OUT of being a board member

W

hy do owners in HOAs, condominiums and cooperatives join the board of directors? I asked previous board members and some of the answers came back as: • Because no one else will do it • They want to help their community • Someone asks them to run because they have a special skill set • Someone convinces them to do it and promises to help.

• They have little faith in the current leadership.

• They see changes that need to be made and want to see them happen.

• They want to be sure their favorite employee(s) are taken care of.

What wasn’t said, but I believe happens, is that some owners want to be sure rules are not passed that will restrict their experience as an off-site owner or on-site resident. For example, I’ve seen a person get on the board because he wanted to restrict the number of renters permitted. He has no other goal (at first) than making sure this bylaw change was made.

18 | QUORUM

I’ve seen a person get on the board because he wanted to go through all the association’s contracts in order to get involved in the bidding process in an effort to reduce costs.

The interesting thing is, whether or not a board member ran for the board for altruistic reasons or because s/he had a personal agenda, it is unlikely the board member will end up commandeering the board meetings and getting his or her way. Typically, a board is made of 5, 7 or even 9 members and each one has his or her own experience, education, and personal opinion. These people get to speak also, and therefore the majority almost always prevails and this may or may not fall in line a board member’s personal agenda. Board education plays a role in keeping personal agendas out also.

Management should help board members understand what makes for a successful board and board meeting. Success comes: • When members and co-owners exchange information • When board members make decisions

that solve or avoid problems • When board members listen to concerns • When board members explain issues • When board members pool their different ideas and experiences to accomplish goals.

Effective January 1, 2016, all new board members in Montgomery County must take a class within the first 90 days of being voted on to the board. The training addresses ethics, roles and responsibilities of board members and homeowners, governing documents, financial management, meeting rules, and general administration. The Commission of Common Ownership Communities (CCOC) and CAI provide training and written materials to help owners, residents and managers do the best job possible. Pursuing persona agendas is not a way to do the best job.

If one reads the Guide for Association Practitioners (GAP) reports for The Board President, The Board Treasurer, The Board Secretary, nowhere do they recommend pursuing personal agendas.

Instead, key points include: working to enhance the lifestyle of res- 1017006_Cowie.indd idents and protecting the value of the community. It suggests that the President work closely with the rest of the board members, manager, committees and residents to establish the overall goals of the association.

1

8/28/20 12:43 AM

The Treasurer is the financial voice for the community, not for him or herself. S/he should ensure the budget is completed on schedule and should implement safeguards to protect the association’s assets.

The Secretary prepares and distributes board meeting minutes and notices. S/he accepts and verifies proxies for annual and special meetings as well as maintains or verifies that management maintains the association’s records.

If the board members and management do their jobs, there is no room for personal agendas. If a board member tries to “work” a personal agenda, other members or owners are likely to call him or her on it. The board member may be nicely challenged in order to see the mistake being made, but if that does not work, a board member can be removed from office. Association documents describe how this can be accomplished.

As mentioned earlier in the article, some board members start their board term with a personal agenda as their goal, but most end up working well with others for the good of the entire community.

OCTOBER 2020

| 19

By Jessica M. Knutsen, CIC, EBP Jessica has been practicing insurance for 14 years. She has developed expertise designing insurance programs and developing Risk Management Plans exclusively for condominiums, cooperatives and large HOAs. She is a Vice President at the USI Community Association Insurance Practice. Jessica holds the Certified Insurance Counselor (CIC) professional designation and is a CAI Educated Business Partner. She was elected as one of the 12 members to lead national Community Association Institute (CAI) as 2020 – 2022 CAI’s Business Partner Council in an At-Large position (Insurance Broker). This position allows her to provide input on policy matters to the CAI Board of Trustees. She actively participates in the Education, Legislation and Membership committees of the Washington Metropolitan Chapter (WMCCAI).

Recovering an Additional Insurance Payment: cess? o r P l a c i h t e An Un

O

ne could say it is common knowledge that common-interest communities in the DC metro area have a specific insurance requirement to purchase an “All Risk� property policy, equal to full “Replacement Cost Value (RCV).� This means that even if a highrise was built in 1981, an insurance company would repair the physical damage without deducting the depreciation accumulated in 39 years. However, what is not

common knowledge is that an insurance company will not voluntarily pay the replacement cost value. The initial payment will almost always be “Actual Cash Value (ACV)�—meaning RCV minus depreciation. In order to obtain full RCV, the Community Manager or Board of Directors will need to take an extra step to recover the depreciation that was intentionally deducted, hence the name “Recoverable Depreciation.�

Innovating community association EDQNLQJ VROXWLRQV LV RXUbEXVLQHVV UQ [QW ECP HQEWU QPÇĄITQYKPI [QWTU Top 10 - Forbes Best Banks

Robert Small, AMS, PCAM Vice President (804) 938-5175 rsmall@allianceassociationbank.com Stacy Dyer, CMCA, AMS Senior Managing Director, East Region (843) 637-7181 sdyer@allianceassociationbank.com |

allianceassociationbank.com

Alliance Association Bank, a division of Western Alliance Bank, Member FDIC. Western Alliance ranks top ten QP (QTDGUŨ $GUV $CPMU KP #OGTKEC NKUV ƒXG [GCTU KP C TQY

AAB_CAI-WA-DC_QtrPg_Small_CMYK_070620.indd 1

20 | QUORUM

1013181_Alliance.indd 1

7/6/2020 6:17:42 PM 09/07/20 10:39 PM

Unfortunately, numerous claims are closed with only ACV paid, and many associations fail to take the extra step to recover the depreciation they are entitled to. Surprisingly, during an insurance webinar in August 2020, organized by the Washington Metropolitan Chapter Community Associations Institute, 30% of the attendees reported that they had never dealt with this process.

It is expected that some people will perceive this practice as unethical. Nevertheless, all property insurance policies have a provision under the Loss Conditions section that clearly states that claims will be paid on an ACV basis first. The provision also clarifies

SIMPLIFIED EXAMPLE: How recoverable depreciation is paid on a damaged roof Replacement cost

$100,000

Subtract depreciation (8 years old / 20 year lifespan = 40%) Actual Cash Value Subtract Deductible Net claim (first payment) Add recoverable depreciation (second payment) TOTAL CLAIM AMOUNT

-$40,0000 $60,000 -$10,000 $50,000 +$40,000 $90,000

that in order to obtain the recoverable depreciation, an insured is obligated to submit paid receipts of the repairs or replacement of the lost or damaged property. Therefore, there is full disclosure of this complicated process, but it may be buried in hundreds of pages of the master policy. It is our responsibility as insurance brokers to educate Community Managers and Boards of Directors to understand how this process works.

4. Why was the claim closed before I recovered the depreciation? Insurance companies will not make multiple attempts to notify an association that it is entitled to an additional payment. Most carriers will send a letter notifying the association and broker that the claim is being closed and offering to reopen the file to adjust the claim settlement. Sometimes however, this notification may be overlooked. I recognize that this is not an easy process, but that is why it is so important to increase awareness.

Top 5 FAQs:

5. What if we switched management companies and don’t know if the depreciation was ever recovered? This is actually one of the most common reasons why an association fails to recover the depreciation. Nobody had an unethical intention—it just fell through the cracks during the transition, or the notification from the carrier was mailed to the former management company.

1. If we paid for a master policy with RCV, why do insurance companies complicate the process and only pay Actual Cash Value initially? Because it discourages fraud and gives associations the incentive to spend the money on only necessary repairs according to the estimated damages reported.

2. How do we avoid missing the recoverable depreciation? Keep all receipts and ask your insurance broker if they have a special tool that you can use to keep track of claims and payments. You can also use an Excel spreadsheet.

3. What happens if multiple units were affected and each resident hired their own contractors to repair the units? Each resident will need to provide copies of the receipts to management. My recommendation is to discourage this practice and let the association hire one contractor to do all the repairs.

Communication is the key! It is crucial to ask your insurance broker to walk you through the details of your loss runs annually to determine if there is any potentially recoverable depreciation. If you file claims frequently, you should discuss this with your broker quarterly or semi-annually.

The good news is that even if the claim was closed years ago, it may not be too late. There could be a Statute of Limitations on the recovery of the depreciation based on the specific jurisdiction—up to five years in VA and up to three years in MD and DC. Additionally, insurance policies include specific time restrictions under the Valuation/Loss Payment section. Never hesitate to ask your insurance broker to negotiate an extension with the insurance adjuster.

OCTOBER 2020

| 21

By Marvin Bennett Sr., P.E., RS Marvin holds a Master of Science degree in Civil Engineering from Lehigh University, Bethlehem, Pennsylvania, and a Bachelor of Science in Civil Engineering from Morgan State University, Baltimore, Maryland. Marvin Bennett is also a Professor in the School of Architecture and Planning at Morgan State University teaching a variety of Construction Management courses. He has professional engineering licenses in Virginia, Maryland, Washington, D.C., and New Jersey, and is affiliated with the American Society of Civil Engineers, National Association of Home Builders. Marvin serves on the Quorum Editorial Committee and Maryland Legislative Committee of the Washington Metropolitan Chapter Community Association (WMCCAI). Marvin has many years of experience in providing risk management services to developers including peer reviews, observations during construction, observations at substantial completion, preclosing observations plus completion of condition assessments, transition studies and managing complex construction projects.

Ethical Responsibilities of Design Professionals in the Current Climate & Beyond

E

thical issues rarely have simple solutions and this matter is no easier for an architect nor an engineer than it is for any other professional. A designer’s (architect, engineer and professional consultant)

role and responsibilities during the bidding process is extremely crucial as he or she has a moral, legal and ethical duty to set the tone and convey the principles relevant to the contractual engagement.

HOA Premium Reserve Solution Our suite of products gives you the security of knowing your funds are protected and secured by a surety bond.

Let’s get started. Visit cit.com/CABReserves Noni Roan, CMCA 301.639.5503 | Noni.Roan@cit.com Premium reserve products are for new money only (money not currently held by CIT Bank, N.A.) Funds in excess of FDIC insurance coverage limits are covered by a third-party issued surety bond. Such excess funds are not subject to FDIC deposit insurance. The surety bond providing excess coverage over FDIC insurance may be cancelled at any time upon 30 days’ written notice. Should a notice of cancellation be given, CIT will contact the client to discuss alternatives to provide for the continued safety of funds. May not be available in every state. ©2020 CIT Group Inc. All rights reserved. CIT and the CIT logo are registered trademarks of CIT Group Inc. Deposit and loan products are offered through CIT Bank, N.A., the FDIC-insured national bank subsidiary of CIT Group Inc. MM#7877

22 | QUORUM

1003135_CIT.indd 1

5/7/20 11:40 PM

It is therefore essential for design firms to provide training to their employees, educate their clients, and document ethical guidelines, which provide a framework for ethics in decision-making and set a measurable process for navigating future interactions.

An ethical code framework enables design professionals to examine the procurement process. From team selection to proper communication with all project partners, ethics should be embedded into the bidding process. An area of ethics, built into a firm’s culture that achieves positive outcomes, focuses on embracing diversity & inclusion.

A more recent ethical conversation that community boards, clients, developers, contractors and design professionals are entertaining involves diversity and inclusion. Diversity and inclusion is paramount in the team selection process, as research has shown multiple business and ethical advantages in doing so. Diverse teams include professionals of different genders, ages, races, cultural backgrounds, abilities,

languages and national origins. Authentic and intentional diversity and inclusion offer numerous advantages, some the following are listed below: • Improve creativity, and problem-solving • Enhanced decision-making and diversity of ideas • Increased profitability and productivity • Greater team engagement and retention • Improved company reputation • More relate-ability with diverse clients • Broader reach to serve geographically distanced populations • Repeat business that is established on valued relationships

990766_Windows.indd 1

Enhanced team engagement and retention is achieved when a firm focuses on creating a diverse team. Team members tend to be more loyal and typically stay longer at companies where their broad contributions are respected and accepted. Ethically responsible and conscious decisions require intentionality when designers choose to reflect the communities that they serve. A key question that professional teams should ask themselves is “does our team reflect the demographics of the communities that we serve”? Clients are sometimes more receptive to solutions of a team that they can relate to and ultimately trust. Companies are perceived as more relatable and socially responsible when they truly foster team diversity throughout the firm, as this is displayed both internally and externally.

Continued on page 25

OCTOBER 2020

11/12/19 7:40 PM

| 23

Building Maintenance Series

Webinar Series

HVAC

PLUMBING & PIPING

BUILDING EXTERIORS Bricks, Siding, Balconies & Decks

Join WMCCAI for a three-part series on building maintenance. These insightful webinars lead WHEN

by Doug White of Thomas Downey, Ltd., Consulting Engineers, Ted Ross of TRC Engineering Part 1 - 9/16/2020 and Kathryn M. Hutchinson, CMCA, AMS, PCAM General Manager at Greenhouse Condominium Part 2 - 10/29/2020 Council of Co-Owners, Inc. will help you understand the system and structural basics of Part 3 - 11/12/2020 buildings, including, routine maintenance needs. Additionally, you will be well positioned to 12 - 1 PM identify problems, develop repair options and budget for building maintenance costs.

SPONSORS

REGISTRATION RATES PER SESSION

PER BUNDLE (3)

MEMBER

$30

$85

NONMEMBER

$35

$100

CREDITS

Each webinar is worth one (1) credit hour (a total of 3 credit hours for all three webinars)

WHO

This program will benefit Homeowners & Managers

WHERE

Weblink will be emailed to registered attendees

HOW

Visit www.caidc.org to register

7600 Leesburg Pike, Suite 100 West

E-mail: events@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

Webinar Series

JOIN US FOR A

Legislative Series

Join WMCCAI for Monday Legislative Madness – a three-part series on legislative updates in Virginia, DC and Maryland. These insightful sessions will be led by the Virginia LAC and Legislative Committee, DC LAC and Legislative Committee and Maryland LAC and Legislative, respectively. Each session will update on state legislation and what to expect heading into 2021.

The DC session will include a few board leadership modules and budgeting.

SPONSORS

REGISTRATION RATES PER SESSION

PER BUNDLE (3)

MEMBER

$30

$85

NONMEMBER

$35

$100

Legislative Sponsor

Part 2 - DC Homeowner Education & Update 11/2/2020 | 6:30 - 8PM Part 3 - MD Legislative Update 11/9/2020 | 12 - 1:30PM

DC Registration Sponsor

WHERE

Weblink will be emailed to registered attendees

WHO

This program will benefit Homeowners & Managers

CREDITS

Each webinar is worth one (1.5) credit hours (a total of 4.5 credit hours for all three webinars)

HOW

Visit www.caidc.org to register

7600 Leesburg Pike, Suite 100 West

E-mail: events@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

24 | QUORUM

WHEN

Part 1 - VA Legislative Update 10/26/2020 | 12 - 1:30PM

Ethical principles, typically woven into the culture of a designer firm, are revealed during the bidding process. To preserve the reputation of the firm and client and to bring fairness and transparency to the process, there are some behaviors and poor, yet common, practices that should be avoided. “Bid rigging” and “Low balling,” are two of the unethical concerns that may arise in the procurement process.

“Bid rigging” involves designers and/or clients knowingly providing confidential information to select bidders in an effort to influence one design firm’s bid and giving them an unfair advantage over other competing design firm. Ethically, design firms should not engage in such activities regardless of the short-term financial gains, nor existing relationships and best of intentions. Unfortunately, this occurs more often than expected and more frequently than acknowledged. As a professional engineer and designer, following an ethical code of conduct, and recommending to the client that a minimum of three competitive bidders be entertained suggest a transparent and fair process.

“Low balling” is also a common practice, where bidders attempt to “buy the project” by bidding low and making up extensively with change orders, contract renegotiations, or simply by cutting corners.

An experienced engineer often sees the signs of this practice prior to contract award and is able to assist their client by inquiring about the critical items to expose this unethical business practice. Additionally, when following the ethical standards of a professional engineer, we identify possibilities of excessive and/or unwarranted change orders.

All design firms should have documented ethical guidelines and a code of conduct clearly articulating how employees and management teams should conduct themselves individually and collectively. Design firms should foster a workplace of diversity. Fostering a workplace diversity in a design firm is beneficial to the client, the design firm and the communities served. Some best practices for championing diversity and inclusion are as follows: • Engage in authentic conversations • Be fair, open and honest when ascertaining current state • Promote deserving employees • Educate your workplace • Support diverse collaboration • Eliminate silos • Recruit inclusively A design professional firm should strive to ethically uphold its responsibility of maintaining a diverse and inclusive environment as it benefits all parties involved, client, contractors, developers, attorneys, and vendors in addition to the communities they collectively serve.

Additional unethical concerns that are prevalent in the industry include overstating capabilities, falsifying estimates and providing overly aggressive and unachievable schedules. During the implementation and execution phase of projects, concerns may arise including padding of expense accounts, allowing use of inferior materials, compromising health and safety standards, and withholding key information from clients and owners.

Ethical challenges are common to all professionals, but key attention is now being directed to architects, engineers and specialty consultants in the public and private sectors. Design professionals should prevent the following unethical actions: • Accepting gifts from contractors or vendors in an effort to influence a particular decision • Caving to pressure to alter status reports with backdated signatures or documentation to mask the reality of project status • Abusing power, openness and transparency of information • Divulging confidential information about a project or client • Gaining a competitive advantage during an open and fair process • Remaining silent with unethical behaviors are observed OCTOBER 2020

| 25

By Kirby McCleary, P.E. Kirby is the Director of Restoration for Walker Consultants Washington, DC Metro office. He has nearly 20 years of experience in the Baltimore/Washington Metro areas, providing forensic investigation, evaluation, remediation, construction phase and expert witness services relative to the remediation of existing building envelope and structural defects and deficiencies. He is a registered professional engineer in the District of Columbia, Maryland, and Virginia.

Contractor Code of Ethics A Mythical Unicorn?

C

ontractors sometimes get a bad rap, so this article is in no way meant to represent that the majority of contractors are unethical. Most people do not realize or understand that they typically take on significant risk and liability for increasingly complex projects. That said,

when a contractor owns a boat named “Change Order” you may start to wonder what code of ethics they follow. The National Society for Professional Engineers provides a well-defined and industry accepted code of ethics that engineers are to follow. The professional engineering exams

Need a reliable maintenance partner?

We’ve got you covered!

• Interior/Exterior Painting and Carpentry • Commercial Flooring Installation • Turnkey Office and Hallway Refreshes • Aluminum and Vinyl Siding Cleaning • Wallpaper Removal & Installation

• Color Consulting • Power Washing • Caulking and Joint Replacement • Decorative Striping/Faux Finishes • Lead Paint Certified by the EPA

(703) 768-8143 - Virginia • (202) 751-2026 - Washington, DC

26 | QUORUM

1014271_Williams.indd 1

WILLIAMS PROFESSIONAL PAINTING williamsprofessionalpainting.com

28/08/20 12:41 AM

for licensure include ethics questions and continuing education requirements include ethics training, depending upon the jurisdiction. The architecture and property management industries are similar in how ethics are included and handled within the industry. In Montgomery County, Maryland community association board members are even required to complete a training program which includes ethics.

You may then ask, what is the industry code of ethics for contractors? Well, that’s a good question. The alphabet soup of organizations for the construction industry includes ABC (Associated Builders and Contractors), AGC (Associated General Contractors of America) and CMAA (Construction Management Association of America), among others.

Contractors company size and area of specialty also vary greatly and so there does not seem to be a one-sized fits all organization that covers the contractor industry. Neither ABC nor AGC appear to provide a defined code of ethics and while CMAA does have a defined code of ethics, it’s primarily focused on Construction Managers whose role differs slightly from that of general contractors.

Specializing in Roofing, Siding, Gutters, Repairs, Replacement & Inspections, Snow-Ice Management

703-971-6016 info@twcserv.com www.twcserv.com

So, without a clearly or widely accepted code of ethics apparent for contractors, you might ask about licensure requirements for contractors and whether ethics is covered by that process. The District of Columbia, Maryland, and Virginia contractor licensing programs vary greatly.

In Maryland, contractor licensing is handled through the MHIC (Maryland Home Improvement Commission) and does require an exam. However, this applies to contractors performing home improvement work for homeowners and condominium unit owners (for work performed within a unit). The exam topics do not specifically include ethics questions. Commercial Construction Licenses in Maryland are handled through applications with each County Circuit Court as a specific type of business license which does not appear to cover ethics or require an exam.

The District of Columbia provides a “Home Improvement Contractor License” and “General Contractor/Construction Manager License” depending upon the level and scope of work to be provided. The licensure process appears to be more like a business license and there is no exam or other requirements specific to ethics.

Virginia’s licensing requirements are more stringent for commercial contractors with various license classes depending upon project dollar amount and there are required exams. Specifically, there is a “Commercial Building Construction Exam.” However, even this exam does not specifically cover ethics.

It seems then that ethics needs to be a team effort for everyone involved in a construction project. If the professionals/consultants, property managers, and boards adhere to their respective code of ethics then contractor ethics issues should be reduced or avoided altogether.

Retaining appropriate professionals to prepare detailed construction documents and provide construction phase services as well as having association counsel review contracts may further reduce the potential for contractor ethics issues. You can also ask contractors to provide their Code of Ethics and Business Standards statement or policy prior to hiring them. If they do not have one, consider including the CMAA “Code of Ethics” as a requirement for the contractor as part of your agreement.

Again, this article is not to say that the construction industry as it relates to contractors is unethical but without a widely accepted industry code of ethics it is important that everyone remember and take responsibility for maintaining construction ethics as a team effort.

In that way, we’ve all helped ensure that in this area, a contractor code of ethics is not in fact a mythical unicorn.

OCTOBER 2020

| 27

By Tom Markell, AMS, PCAM Tom is the vice president of the High-Rise Division at Cardinal Management Group, Inc., located in Woodbridge, Virginia. He has been engaged in management of community associations since 2001 and has been with Cardinal for 15 years.

Avoiding the

F

Traffic Jam

or those of us in the DMV area, traffic problems are a way of life. However, if everyone were to follow the proper traffic rules, be considerate and respectful of one another, and take actions as simple as staying in the proper lane, much aggravation and delays could be avoided. Knowing when to merge and how to properly do so would believe it or not, result in a smoother continuance of speed and reduced congestion. This analogy can often apply to the world of community associations.

Often, there can be confusion among volunteers, association management professionals and other service providers. There are many moving parts in managing the operations and day-to-day business of community associations.

Through clear communication, cooperation and clearly establishing roles, responsibilities and lanes, many problems and much confusion can be avoided.

The result of “staying in your lane” provides for a more well-managed community where volunteers and management feel empowered, experience less stress and greater success. Association counsel, 28 | QUORUM

outside CPAs, committee volunteers, and many others working on behalf of the association have a part to play. For the purposes of this article we will be focusing on Board members, management teams and service providers.

The primary responsibilities of the board include creating policies and providing direction for the Association. The Board, if professionally managed, should be relying on their Management agent to carry out these policies and directives. To accomplish this, Management will work with many service providers to ensure the will of the Board is accomplished. All involved can help facilitate the success of the Association by adhering to a few, “traffic rules”.

Board:

• Provide committee volunteers with clearly defined charters defining their lanes (avoid micromanaging or participating in the committees other than liaising).

• Appoint a single point of contact to liaison with management between board meetings.

Management: • Communicate clearly, often, and effectively to your boards and membership.

• Set realistic expectations, meet your deadlines, and honor you commitments.

• Be an active participant in board meetings.

Do not run them.

• Be a resource to the Board and community volunteers. Share your knowledge and expertise.

• Communicate clearly, often and effectively to the community (avoid the social media potholes!)

• Proactively address concerns, planning and challenges, bringing important matters to the Board’s attention in an open and transparent fashion.

• Have a working knowledge of the governing documents and applicable statutes.

• Encourage education and training through CAI.

• Prepare for board meetings (don’t review your meeting material for the first time at the meeting. Be sure to ask management questions in advance to allow time to research).

• Correspond with and manage the service providers and ensure contract terms are met.

• Rely on the professional you have selected and make sound business decisions (avoid micromanagement).

• Communicate clearly, often, and effectively to management.

Service Providers:

• Honor the terms of your service agreement.

• If there is a service issue, own it and fix.

• Proactively make recommendations based on your experience and best practices for your industry.

• Share concerns openly and right away.

• Do not take instruction from anyone other than management, unless otherwise directed.

1009361_Cardinal.indd 1

Through teamwork, open and effective communication, accountability, dedication, and commitment to observing just a few “traffic rules,” we will avoid accidents and gridlock. Each doing our part, the association will enjoy a smooth commute to success. Now jump in and tighten those seatbelts!

OCTOBER 2020

02/06/20 11:25 AM

| 29

By Sam Le Blanc Sam Le Blanc is the Director of Association Finance at EJF Real Estate and has worked in real estate for more than 35 years.

The Runaway Board Movie: Monty Python’s The Search for the Holy Grail; Scene: King Arthur comes upon inquisitive peasants in the fields, orders them to be quiet, and his authority is challenged.

ARTHUR “I am your King!”

PEASANT “Well I didn’t vote for you.”

ARTHUR “You don’t vote for Kings.”

PEASANT “Well how did you become King then?”

ARTHUR “The Lady of the Lake, her arm clad in the purest shimmering samite, held aloft Excalibur, signifying by divine providence that I am your King.”

T

his exchange between King Arthur and his peasants is one many of us can repeat verbatim and still crack up.

Any manager who has spent substantial time

in the industry can attest to observing the jockeying for position that can occur both to be on a board and within the board. The owners elect a board (a Court if you will)

and the Board votes on a President (a King or Queen). However, the relationship with owners and with the board itself requires a delicate balance of power and fair amount of humbleness mixed with willingness to make decisions. Property managers can spot when a board member or even the entire board begins to act in ways contrary to the best interest of all the owners who elected them. We call this a “Runaway Board.”

In a Runaway Board, the board president and members may ignore the property manager, forget who they are there to serve and eschew good advice. Fortunately, managers do have some strategies and tools they can employ to remedy the situation.

1. Governing Documents Rule – Bring Knowledge and Experience One of the most effective tools a manager has is knowledge. Professional property managers have the advantage of experience.

Most of the situations and decisions a Board 30 | QUORUM

966879_Miller.indd 1

7/18/19 3:56 AM

will face will be something the property manager has already encountered. The property manager can use that knowledge to skillfully guide the board to make good decisions for the whole community.

The property manager should always brush up on the governing documents of the association. Know them better than the board. An experienced manager with that knowledge can educate the board on what the governing documents say. Usually when faced with facts printed in black and white, a board will make the right decision.

2. Education is Key – Guide the Board The best cure for Runaway Boards is an ounce of prevention. Educating board members as soon as they are elected will go a long way to preventing trouble from brewing. CAI offers many useful and easy to follow publications on board roles and responsibilities. Property managers can personally reach out to new board members to answer questions, provide information, and establish a good working relationship from the outset. This small investment of time will go a long way in developing trust and credibility.

3. Designated Professional – Be the Certified Professional Establishing yourself as a professional property manager will help you win the respect and confidence of the board. Serious career property managers should vigorously pursue education and professional designations. Our society is built on opportunities for advancement, recognizing achievement, and respect for those who have earned higher degrees or designations. A board is more likely to listen to a professional manager with advanced designations and follow their advice.

4. Call in a Second – Don’t Be Afraid to Ask for Help If a board member or the board as a whole continues to act in a way that contradicts the bylaws or even the law, and will not listen to a property manager, then the manager should consider calling in a su-

pervisor. The supervisor will have the imprimatur of being a higher authority and may be “heard” differently and the answers resonate with the board. The balancing act for the supervisor is to not undermine the property manager or create a scenario whereby the supervisor is called in each time a more complicated issue arises. Be sure to clearly convey the situation to the supervisor and discuss a plan prior to talking with the board.

5. Calling in the Attorney – Legal Can Be Helpful If all else fails, the manager may need to unsheathe Excalibur and call the association’s attorney. A property manager will want to wield this tool carefully, but a stamp of approval from the attorney will carry weight. For some situations it may a simple call to the attorney to “check in” and confirm your interpretation or application of the governing documents is correct. The attorney may even send an email to confirm. The manager can then present the recommendation and mention that they “confirmed” the information with the association’s attorney. In complicated matters, the manager may seek the board’s approval to obtain a written opinion from the association’s attorney. If the board ignores or contradicts the attorney’s and their professional property manager’s advice, the property manager can rest assured they provided professional service and proper advice to the Board.

Above all, the property manager must be seen and heard as the professional advisor to the board. This can be achieved by earning professional designations, understanding the community’s governing documents, and knowing what other alternatives are available to dealing with a Runaway Board. Managers should not be afraid to call on supervisors or even the association’s attorney when a Board is not heeding solid advice. If the board ultimately ignores good advice, the property manager will know they have provided the best in professional service.

OCTOBER 2020

| 31

By Tom Burrell Tom is fully retired after a 22-year career in the U.S. Army and 23 years in private industry. He served six years on the WMCCAI Board of Directors.

Devoting himself to volunteer activities, Tom currently serves as Chairman of the Planning, Environment, Land-Use and Transportation Committee of a well-known, 50+ year old civic association. Finally, to ensure he is busy all the time, Tom serves on the City of Fairfax Planning Commission.

The Role of Former Board Members

S

o, you’re no longer on the board.

You’re no longer responsible for enforcing the rules, managing the budget, solving problems, being “Mr. Bad Guy” when you really like being the good guy. You are finished spending hours at board meetings and in executive session discussing the pool, contracts, trash pick-up issues, per-

sonnel issues, and legal matters. You enjoyed your time but you’re glad it’s over. So, what is your new role? Is there a role for ex-board members and are there responsibilities that go along with it?

Well – technically, no! You no longer have a role and are no longer responsible for manag-

ing the affairs of the association; for developing, implementing, and enforcing the various policies needed to operate an association successfully; and for spending what seemed like endless hours in regular or executive session meetings discussing issues. But I believe you have a part to play and certain uncodified responsibilities as a former board member.

ARCHITECTURE & ENGINEERING SERVICES: CIVIL • STRUCTURAL • MEP

CAPITAL RESERVE STUDIES CONSTRUCTION DEFECT TESTING | INVESTIGATION ENERGY CONSULTING FORENSIC TESTING | LITIGATION SUPPORT TRANSITION REPORTS www.falconengineering.com info@falconengineering.com (240) 328-1095

7361 Calhoun Place, Suite 325 Rockville, MD 20855

32 | QUORUM 1008529_Falcon.indd

1

2020-06-02 10:32 PM

You can shape your role based on your relationship with the current board and your desire to stay engaged with what is going on in your community. You have much to contribute because you are now a seasoned former board member. Since you still belong to the Washington Metropolitan Chapter of the Community Associations Institute (You kept your membership, didn’t you?), you can put that experience to work educating other boards and board members. You can sit on any number of education panels at the annual conference and expo. You can even get involved with educating our legislators in Richmond on the workings of common interest communities. Quite frankly, this role can be more important than serving on a board. Use your experience to educate and inform others.

Now, about responsibilities. There is nothing written down and if you talk to five different people, you will get five different answers. So, here are my two important responsibilities of an ex-board member.

to provide advice and mentoring. They will probably face some difficult situations like you did so be sure they know they can call on you for your opinion.

The alternative is to do nothing. I hope you won’t choose that path.

Believe me, there are any number of boards and board members floundering around, wanting to do the right thing but not seeing the way forward. You can help. Do it!

Committed to our communities For 30 years, BB&T Association Services has provided solutions specifically designed to meet the needs of property management companies and community associations. You can count on us to be your trusted partner. BBT.com/AssociationServices

 Payment processing

Never discuss anything you talked about in an executive session.

You were schooled by your association’s attorney when you first came on the board that matters discussed in executive session stayed in executive session and were not to be discussed with anyone who was not present during the executive session. That is paramount. No good will ever come if you talk about matters, often sensitive, discussed in executive session when you were on the board!

Next, I believe you have the responsibility to do the right thing for the current board. You don’t want to do anything that will undermine anything they are trying to accomplish. You remember what it was like. As you worked to solve many difficult issues as a board, one of the first things you had to fight was rumor and innuendo within the community. Adding your 2 cents worth after you leave the board plays right into that. Keep your thoughts to yourself and refer any questions or comments you hear to the board or management. But, at the same time, be available to current board members

 Association Loans

 Payments by ACH and online  Coupon books and statements

Tavarious Butts, VP, Relationship Manager 703-284-0561 • Tavarious.Butts@BBandT.com

Branch Banking and Trust Company is a Member FDIC and an Equal Housing Lender.

Loans are subject to credit approval. Only deposit products are FDIC insured. © 2019, Branch Banking and Trust Company. All rights reserved.

983843_BBandT.indd 1

OCTOBER 2020

| 33

21/10/19 2:04 PM

CUL-DE-SAC

By Brandi Ruff, CMCA, AMS, PCAM Brandi currently is the General Manager at King Farm Citizens Assembly, a large scale HOA, located in Rockville, MD. She is an active member of the Quorum Editorial Committee and a frequent contributor. Brandi is a strong advocate of continuing education, development, and growth for everyone especially those in leadership roles.

Good Intentions Are Not Enough

I

have a t-shirt that says, “The Struggle Is Real”. It has been said that struggle is a part of the human condition. It was a struggle to write this article. The plan was to approach this article in a lofty and lighthearted manner to avoid sounding preachy.

However, the more I thought about it, the more I struggled with writing something palatable over writing something difficult yet needed. I acknowledged and accepted the importance of this topic and the need for a frank exploration of why ethics continues to be a challenge for so many, not just for community associations, but collectively in society.

There has been a growing necessity to understand, apply, and maintain ethical standards in personal, work, and societal settings since standards do not always mirror each other when the settings change.

Maybe confusion stems from the consumption of limitless stories of attorneys, medical professionals, politicians, religious leaders, and even parents, who we rely on to have higher standards due to the nature of their work, yet act with a barefaced disregard for the ethical obligations in their respective fields.

people focus on their actions through the lens of definition 3 with a sprinkle of 4.

When individual moral and ethical principles are tied closely to individual action, people tend to see their own actions as inherently good and right and any opposition to their beliefs or actions as bad or wrong.

It’s all about me what I think is right!

Dictionary.com lists four definitions for ethics: 1. a system of moral principles, 2. the rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc., 3. moral principles, as of an individual, and 4. that branch of philosophy dealing with values relating to human conduct with respect to rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions. Most

This ethical struggle may be exacerbated by individualism (me again!), which places the pursuit of personal happiness and achievement before the collective standard.

Frequently, an individual expects others to share and emulate their beliefs. Individualism makes it easy for a person to justify unethical behavior because standards become fluid (meaning what’s “right” shifts to follow or align with one’s desires). The perceptions of ethical fluidity creates individuals (and a society) that see and accept a concept or action as good only when it benefits or parallels their beliefs but pushes against the same concept or actions when applied to benefit someone else.

While there is overlap in the moral and ethical sphere, morality tends to be the guiding principles of how a person wants to lead their life (individual and personal choice). Ethics, in the work context, is about an accepted standard of behavior that the people are expected to follow.

It is easy to see the failings of others, but miss the same failing in oneself. Most people believe (or want to believe) that they are ethical and stand on a set of standards that puts them on a moral high ground that surpasses others. This thought process is usually driven by ego.

People struggle in their daily lives. Currently, people are struggling to feel connected, to implement the new safety protocols, to maintain a sense of normalcy, to create and grow stronger support systems, to balance work and home life, and to maintain strong mental health. People also struggle to apply individual moral and ethical code in the decisions they make and the actions they take.

34 | QUORUM

Egocentrism is how “an individual places greater importance and significance on their own abilities, characteristics, and behaviors than those of others. Egocentrism is therefore a less overtly self-serving bias.” Psychology Today It is difficult for people to not be self-serving. Burger King told us we could have it our way, and many people took it to heart. And with individualism running rampant, no is not an option and criticism is not allowed. However, development and growth are spawned from difficult lessons. No one gets it right every time, but pretending you are right every time (fake it ‘til you make it) promotes a kind of ethical gap that is difficult to close. Honestly, some never make it.

Everyone can make it and reduce struggles when everyone recognizes, understands, respects, and follows the established ethical standard as part of the agreement and commitment one makes when working in certain professions, industries, and communities. There is a conflict of standards when a person finds themselves participating in mental gymnastics (or hurdles if they are a runner) to justify their actions. The standard wasn’t made for you or about you; it was made as a framework for everyone to operate within. It is bigger than you.

We need to be better by doing better. Words are great when they match actions. Who we are or who we think we are only matters when we do the things we promote. Change takes self-reflection, daily purposeful effort, and a commitment to follow the standards set before us and not the ones we create for ourselves.

Good intentions are not enough.

“But it’s not who you are underneath, it’s what you do that defines you.” – Batman Begins

703-642-3246 7619 Little River Turnpike, Suite 210 Annandale, VA 22003 NorthernVirginia.SentryMgt.com 540-751-1888 602 South King Street, Suite 400 Leesburg, VA 20175 Loudoun.SentryMgt.com 998684_Sentry.indd 1

OCTOBER 2020

| 35

07/02/20 6:02 PM

Directory and Classifieds ASPHALT PAVING/MAINTENANCE/REPAIR

JANITORIAL

MANAGEMENT SERVICES (CONT’D)

Brothers Paving & Concrete Corporation 9469 Hawkins Dr T: (703) 393-1927 Manassas, VA 20109 F: (703) 393-1928 Paul Battista info@brotherspaving.com

Clean Advantage Corporation 9701 Philadelphia Court, Suite G-7 T: (800) 315-3264 Lanham, MD 20706 F: (301) 595-3331 www.cleanadv.com info@cleanadv.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

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

District Clean 10306 Eaton Place, Suite 120 T: (703) 533-8716 Fairfax, VA 22030 F: (703) 533-8648 www.district-clean.com info@district-clean.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

ATTORNEY

MANAGEMENT SERVICES

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

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 jstitos@cmc-management.com

BANKING & FINANCIAL SERVICES

BB&T Association Services www.bbt.com Let us save you time and money with our lockbox processing, ACH, coupon book, statement printing and transmission services.

Tavarious Butts T: (703) 284-0561 Tavarious.Butts@BBandT.com ENGINEERS

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

Barkan Management, LLC AAMC 8229 Boone Blvd., Suite 885 T: (703) 738-2501 Tysons Corner, VA 22182 F: (703) 388-1006 Michael Feltenberger, CMCA, AMS, PCAM Senior Vice President 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 Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 Fairfax, VA 22033 L. Peyton Harris Jr., CMCA, CPM lph@capitolmanagementcorp.net

T: (703) 934-5200 F: (703) 934-8808

Capitol Property Management Corporation, AAMC 3914 Centreville Rd, Suite 300 T: (703) 707-6404 Chantilly, VA 20151 www.capitolcorp.com Jeff Lawrence, CMCA, AMS, PCAM jlawrence@capitolcorp.com

Ploutis 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

Cardinal Management Group, Inc., AAMC 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

INSURANCE

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@cfmmanagement.com

Griffin Owens Insurance Group www.GriffinOwens.com 847 Station Street, Herndon, VA 20170 T: (571) 386-1000 Offices also located in Falls Church & Manassas Daniel Flavin, CIC, CRM dan@griffinowens.com

36 | QUORUM

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 Legum & Norman Inc. AAMC 3130 Fairview Park Drive Ste 200 T: (703) 600-6000 Falls Church, VA 22042 www.legumnorman.com Marc B. McCoy, CMCA, AMS MMcCoy@legumnorman.com Sentry Management www.sentrymgt.com 7619 Little River Turnpike, Suite 210 T: (703) 642-3246 Annandale, VA 22003 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20171 Dave Ciccarelli, AMS, PCAM dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle T: (703) 803-9641 Chantilly, VA 20151-2283 www.sequoiamanagement.com Craig Courtney, PCAM ccourtney@sequoiamgmt.com

­­INDEX TO ADVERTISERS A Alliance Association Bank...............................................................................................................20 Associa-Community Management Corporation, AAMC......................................................................8 B Barkan Management, LLC, AAMC..................................................................................................16 BB&T Association Services.............................................................................................................33 Brothers Paving & Concrete..........................................................................................................1, 4 C Capital Painting Co.........................................................................................................................25 PAINTING SERVICES AND RETAILERS

Cardinal Management Group, Inc...................................................................................................29

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

CIT - Community Association Banking & CondoCerts......................................................................22

Reston Painting & Contracting 619 Carlisle Drive Herndon, VA 20170 David Hamilton

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

RESTORATION SERVICES

Clean Advantage Corporation T/A Condominium Cleaning Service..................................................40 Cowie & Mott P.A............................................................................................................................19 D DoodyCalls.....................................................................................................................................19 F

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

The Falcon Group...........................................................................................................................32

TWC Services, LLC PO Box 150277 T: (703) 971-6016 Alexandria, VA 22315 www.twcserv.com Linda Walker info@twcserv.com

G

WINDOWS & DOORS

FirstService Residential DC Metro, LLC, AAMC................................................................................39

Gardner Engineering, Inc..................................................................................................................9 M Miller-Dodson Associates................................................................................................................30

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

P Ploutis Contracting Co., Inc.............................................................................................................39 R Reston Painting Company................................................................................................................2 S Sentry Management, Inc.................................................................................................................35 T TWC Services.................................................................................................................................27 W Williams Professional Painting.........................................................................................................26 Windows Plus, LLC.........................................................................................................................23 WINTRUST Community Advantage Bank.......................................................................................14

OCTOBER 2020

| 37

R O K N U R T

T A E TR

A HALLOWEEN NETWORKING EVENT Join WMCCAI for our first annual Trunk or Treat! Visit our Trunkers as they treat you with Spooktacular goodies. Dust off your costumes, bring your family on a broom and connect with us and your association industry service providers for a socially responsible Chapter treat. Mask up and wear your best or funniest costume for a chance to win prizes. It will be a ghostly good time!

When

How

Saturday, October 31, 2020 1 — 3pm

Visit www.caidc.org to register for this event

Who

Where

This program will benefit Business Partners, Homeowners & Managers

Chapter Office Parking Lot 7600 Leesburg Pike Falls Church, VA 22043

Sponsors

For the health and safety of trunkers and treaters we ask that masks be worn, and social distancing be practiced. Happy Haunting!

Networking Events Package Sponsors

Visit www.caidc.org for more information or to register online.

REGISTRATION RATES REGULAR RATE

PER PERSON

PER FAMILY OF 4

EACH ADDITIONAL FAMILY MEMBER

$10

$25

$5

*children under 2 are free 7600 Leesburg Pike, Suite 100 West

E-mail: events@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

997177_Ploutis.indd 1

2/10/20 11:52 PM

Dear Board Members, Thanks to our new communities in the DC Metro area, for trusting us during these difficult times.

As North America’s property management leader, we are aware of the impact the COVID-19 has had on our board members and communities at large. That’s why we are dedicated to helping you navigate this unprecedented time with greater confidence and peace of mind.

Our depth of experience and resources are best equipped to handle issues of this nature. During the crisis, we have onboarded 25 new communities in the region comprised of over 8,200 units.

As your trusted advisor, we fulfill our mission by delivering exceptional service and solutions that enhance the value of every property and the lifestyle of every resident in your community. Thank you for partnering with us and for your unwavering commitment to your residents and community.

MICHAEL MENDILLO President

1014271_ FirstService.indd 1

TRENT HARRISON, PCAM® President, MidAtlantic

“

The most immediate difference with FirstService Residential was their ability to understand and incorporate technology, allowing for more efficient communication and decision-making. Frustrations that seemed to have dragged on for months were resolved in a few days. Their strong communication with our board, their Connect portal and visible turnaround time for maintenance issues have helped during a socially-distanced pandemic period.

— Stephanie W., board president Seminary Walk Condominium

”

703.385.1133

www.fsresidential.com

OCTOBER 2020

28/08/20 12:29 AM

| 39

2020 CHAPTER BENEFACTORS

ASPHALT & CONCRETE

WMCCAI 7600 Leesburg Pike Suite 100 West Falls Church, VA 22043 www.caidc.org (703) 750-3644

PRESORT STANDARD US POSTAGE PAID ALEXANDRIA, VA # 5659

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

Disinfect with Electrostatic Spraying

Electrostatic spray is electrically charged, allowing the appropriate sanitizers, mold preventatives and disinfectants to wrap around and evenly coat all types of surfaces for a more complete clean.

22312

As the chemical exits the electrostatic sprayer, it’s given a positive electrical charge. The droplets then become attracted to all negative surfaces, covering the visible area, underside and backside,

www.cleanadv.com 1008519_Clean.indd 1

with sanitizing agent. Surfaces that are already covered will repel the spray, making the method extremely efficient.

16/07/20 10:33 PM