GNAA News & Events June 2017

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2017 Board of Directors Chairman Lisa Swick, CAPS

Vice-Chairman Stephanie Burns, CAPS, CAM, NALP Secretary/Treasurer Zac Ward, CPM® Immediate Past Chairman Diana English Managers Representative Chloé Evans Maintenance Representative John Johnson, CAMT, CPO Associates Representative Lacey Smithson, NALP Management Directors Anne Adams, CAM, NALP Kitty Barry, NAAEI-AIT Brigitte Byron, CAM Tracey Crowe Tina Hamor Stacey Holt Bret Marchbanks, CAM Jessie Phillips Melanie Schlachter Lori Torres, CAM Maintenance Directors Rusty Guilliams, CAMT, CPO, RRP Diane Mason, CAMT, CPO Associate Directors Jack Abernathy, CAS Jill Carpenter, CAS Jennifer McCoy, Esq. Loyd Owen Dwayne Rawls, CAS MDHA Representative Norman Deep Legal Advisor Wes Hall

GNAA News & Events / June 2017

Contents

Chairman-Elect Andrew Klahn, CAM, CAPS, NALP, HCCP

President Diane Carter Director of Education & Events Daniel Sircy

Features 5

25

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Now Featuring VITA Residential It’s the Law Criminal Activity? Call the Police!

Feature NAA Conference Hits the Southeast

Association News 7

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10

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Managers Luncheon Preview Life Safety and Fire Protection Is Not a Commodity New Members Welcome!

Legal Seminar Fair Housing, Bankruptcy Law, Landlord/Tenant Law June Networking Opportunities Associates, Managers and Maintenance Luncheons Tips for Networking at Events Follow these tips to make the most of your time Educational Opportunities Legal Seminar, HVAC, Leadership Lifestyle Save These Dates Slide Into Summer, Trade Show, TAA Business Exchange Calendar Something Special Noted on the Calendar

Director of Communications & Marketing Scott Meert Steve, Jeci, Patrick, Angela, Jason, Monica & Ben (and also Bentley the dog)

Finance Connie Morris Membership Development & Sales Ginny Johnson Statistics Bobbi Turner, ARM Active Past Chairmen Mary Bradley Brad Cather, CPM®, HCCP, SHCM, COS Kirby Davis Faye Ellis, CPM® Diana English Andy Gass, ARM Barbara Haynes Shelley James, CAM, CAPS Tammy Lee, CAM Chari Lewis, CPM® Stacy L. Molen, CAM Nancy Morris Linda Page, CPM®, ARM Judy Rose, CPM® Rita Wilkinson, CPM®, ARM Joyce Wolfe

About the Cover VITA Residential Cover photo by Penny Rawls Photography

SERVICES PROVIDED H Balcony/Patio Repair & Replacement H Carport & Garage Construction/Remodel H Fencing: Wood, Aluminum & Iron H Gutter & Downspout Installation H Interior Renovation H Iron Work & Welding Repair H Outdoor Kitchen Construction H Painting: Exterior & Interior H Power Washing H Roofing H Siding: Wood, Vinyl, Stone & Fiber Cement H Stairwell Repair & Installation H Wood Replacement H Window, Screen & Door Replacement

2007, 2008, 2009

1325 Satellite Boulevard, Suite 101 • Suwanee, Georgia 30024 770.995.8787 • 888.522.9288 (Toll Free) • 770.995.8881 (fax) Sidney H. Theus, CEO (12 year resident)

Visit us at: www.amerapaint.com

Now Featuring

R E S ID E N T IA L

VITA Residential (pronounced “Veeta”), is a full-service, regional real estate firm headquartered in Franklin, TN. The company serves residents and investors through acquiring, developing and operating multi-family assets.

VITA uses a unique approach to the industry, with a oneof-a-kind, holistic philosophy towards residents. VITA’s “Resident Service Program” is designed to add value to every aspect of a resident’s life. This approach has a direct impact on ROI for investors through metrics such as lower turnover rates and a more stable resident base.

The sole shareholder of VITA Residential, Steve Sisson, CCIM, CPM, believes that the key to successful property management is in the interactions between management

and residents. “It doesn’t matter how many degrees or certifications I or my team have if the interaction with the resident is negative,” Sisson says. “We want to elevate the renting experience. If we make a positive impact in the lives of our residents, they stay longer which leads to lower operating costs. We’ve seen residents willing to pay higher rent because they are in an environment where people genuinely care. As a result, we’re creating intrinsic value at our properties and all involved stand to benefit.”

Sisson loves to tell the story of the early beginnings of VITA’s Resident Services Program. “We were a new company with our first property, which was a newconstruction lease-up situation, and I was trying to cast the vision for our Resident Services.” The VITA Regional Manager at the time happened to also be Red Cross Certified. So she began teaching swim lessons, after hours, to two of the property residents. One day, she came into the office to brag about the lessons from the previous day. Sisson’s thoughts were, “Swim lessons? Really? As a resident service? Not really what I had in mind.” But as it turned out, the two residents were ladies who had lived most of their lives in India. They had NEVER set foot in a public pool. After the second lesson, they were able to swim unassisted. This simple act of service ending up being a life-changing experience for the two residents, and for VITA. It’s stories like this that make VITA so unique. VITA firmly believes that its culture of service is a game changer for all involved. You can learn more about VITA’s mission on their website at www.vitapmg.com.

GNAA 5

Are you ready?!?

2017 GNAA Trade Show

Gaylord Opryland Events Center Thursday, August 10, 2017 5:00 pm - 8:00 pm

Call GNAA at 615.365.3047 to reserve your booth!

6 GNAA

Managers Luncheon Preview

Life Safety and Fire Protection Is Not a Commodity

by John Caleb Wilson Sales & Marketing at Fire & Life Safety America

Fire and life safety is not usually at the forefront of people’s minds. Some companies focus more on fire safety if their insurance provider audits regularly or if they have more of a potential for fire hazards based on what they are producing, whether it be chemicals, sawdust, or highly flammable products.

Life safety systems (fire sprinkler systems, fire alarm systems, fire pumps, fire extinguishers, alarm monitoring, kitchen hoods) are installed to protect people, products, and buildings. They are not installed to be a nuisance. Some people think water damage when they think of fire sprinkler systems, and they might think fire alarms are loud and frustrating. They are installed for emergency situations to contain/extinguish a fire and to notify you there is an emergency situation.

The National Fire Protection Association (NFPA) is the standard to which fire protection companies and government entities install, inspect, and test fire protection systems. The National Fire Protection Association is a global nonprofit organization, established in 1896, devoted to eliminating death, injury, property and economic loss due to fire, electrical and related hazards. According to statistics provided by NFPA, in 2015 there were 1,345,500 fires that were reported resulting in 3,280 civilian fire deaths, 15,700 civilian fire injuries that resulted in $14.3 billion in property damage, and a fire department that was responding every 23 seconds. This should be an eye-opening statistic for facility managers, property managers, or anyone concerned with fire protection. Fires do not discriminate against people or properties.

If you are responsible for the livelihood of people and the life safety systems at your property, challenge yourself to view fire protection differently than you do now. Fire protection is not a commodity, it saves lives and prevents properties from being destroyed. Get very familiar with your life safety systems and understand how they operate so you are more prepared in the future.

Reference: http://www.nfpa.org/news-and-research/fire-statistics-and-reports/fire-statistics John Wilson has been in the fire protection field for 10 years. During that time, he has held various roles in national accounts management/sales, business development, construction sales, and project management. He is NICET Level I certified in Inspection/Testing of Water Based Systems and NICET Level II in Water Based Systems Layout.

GNAA 7

New Members Management Companies One Lifestyle, Ltd. Meagan Schreffler 1125 Westwood Blvd.

Mt. Juliet, TN 37122 614-918-2000 lcprovidence@lifestylecommunities.com Referred by: Contacted GNAA Office Timberland Partners, Inc. Sundae Caudle 100 Falls Blvd.

Lebanon, TN 37090 629-215-3625 scaudle@timberlandpartners.com Referred by: Sundae Caudle, Timberland Partners Apartment Communities Acorn Hills Michael Gavin 999 Acorn Dr. Lewisburg, TN 37091 44 apartment homes 931-270-0707 michael.gavin@pre-3.com Premier Real Estate Referred by: NAA for State Lease

8 GNAA

The Duke Nashville Krystine Gonzales 281 Cumberland Bend Nashville, TN 37228 251 apartment homes 615-656-0277 kgonzales@firstcommunities.com First Communities Referred by: Joined by Management Company Oak Park Patty Burks 120 Oak Valley Dr. Nashville, TN 37207 64 apartment homes 615-262-4945 oakparkapts@aol.com Continental Property Management Referred by: Patty Burks, Cumberland Retreat

Olmsted Nashville Chris Berry, Senior Regional Manager 501 5th Ave. S. Nashville, TN 37203 328 apartment homes 615-257-6293 cberry@cfres.com CF Real Estate Services Referred by: Joined by Management Company Residence at Old Hickory Lake Dusty O’Brien 2401 Lakeshore Dr. Old Hickory, TN 37138 116 apartment homes 615-760-1712 michael.obrien@greystar.com Greystar Referred by: Shelley James, Greystar

SkyHouse Nashville Jenna Snyder 111 17th Ave. S. Nashville, TN 37203 352 apartment homes 615-933-0202 skyhousenashville@simpsonhousing.com Simpson Property Group Referred by: Kyle Lucas, 2700 Charlotte Avenue Associates All American Shredding Ronnie Smith 1210 Gallatin Pk. Madison, TN 37115 615-275-7410 allamericanshred@bellsouth.net Paper shredding, document destruction, recycling Referred by: GNAA Website Apartment List Christee Hall 301 Demonbreun St., Unit 509 Nashville, TN 37201 865-659-5932 chall@apartmentlist.com Internet apartment listing service Referred by: Previous member

College Hunks Hauling Junk & Moving Joe Cacchiola 443 McNally Dr. Nashville, TN 37211 615-221-0250 collegehunks.nashville@chhj.com Junk removal, labor, moving, storage, moving supplies Referred by: Connor Lewis, Real Floors The Container Store Lisa Barnet 104 Racquet Club Rd. Asheville, NC 28803 214-356-5857 labarnet@containerstore.com Storage & organization services, closet & shelving systems Referred by: Website search Horizon Property Services, LLC Terry Tramel PO Box 290251 Nashville, TN 37229 615-953-7235 FAX 615-953-7237 ttramel@horizonps.net Exterior painting, parking lot maintenance, general contracting services Referred by: GNAA website

The Kingston Group Josh Wimberley 4705 Alabama Ave. Nashville, TN 37205 615-750-3528 josh@buildkg.com General contracting/maintenance services Referred by: GNAA Website PuroClean Emergency Property Recovery Catherine Hasty 2620 Locust St. Nashville, TN 37207 615-932-2400 FAX 615-932-2401 chasty@puroclean.com Property restoration & construction services Referred by: Brigitte Byron, Brookside Properties, Inc.

GNAA 9

Join GNAA for our

2017 LEGAL CONFERENCE th Friday, June 9 8:30am to 12:30pm

GNAA Education Room Approved for three (3) CECs

Cost: $149 Member • $298 Non-Member CONTINENTAL BREAKFAST AT 8:30am INCLUDED!

Fair Housing Failures Featuring Angelita Fisher Law Office of Angelita Fisher

Breaking the Bench Bankruptcy Law

Featuring Jennifer McCoy Law Office of Jennifer McCoy

Landlord/Tenant Law

Lease Breached • Divide and Conquer Featuring Wes Hall & Nathan Lybarger Law Office of Hall & Associates

Register at www.gnaa.org, fax to (615) 365-3571 or email to danielsircy@gnaa.org.

10 GNAA

June’s GNAA

Networking Opportunities Associates Luncheon June 7, 2017 Starts at 11:30

Hermitage House Smorgasbord

3131 Lebanon Pike Nashville, Tennessee 37217

GNAA Trade Show Prepping

Speakers: Jill Carpenter and Joyce Wolfe Trade Show Committee Co-Chairs

Managers Luncheon June 14, 2017

GNAA Offices @ 12pm

Life Safety is Not a Commodity!

Speaker: John Wilson Fire & Life Safety America

Thank you to our sponsors!

A-1 Concrete Leveling Bouvier Insurance • CORT Fire & Life Safety America Royal Finish, Inc. • True Friends Moving

Maintenance Luncheon June 28, 2017 Starts at Noon

Hermitage House Smorgasbord

3131 Lebanon Pike Nashville, Tennessee 37217

Apartment Crime Awareness

Speakers: Sgt. Fernandez and Sgt. Ramirez, Metro Nashville Police Department

Thank you to our sponsors!

A-1 Concrete Leveling • BMS Cat, Inc. L.I.C.R.A. - Nashville Shaw Industries • Two Rivers Roofing Watermark Restoration

Tips for Networking at Events • Be yourself. Networking events are meant as jumpingoff points for relationship building. Don’t try to be the person you think others want to meet. Be genuine.

• Don’t spread yourself too thin. Start by spreading a large net to test out a handful of organizations and then commit yourself to a only a few as time goes on.

• Take notes. When you ask for someone’s card after having a great conversation, take notes on their business card after they walk away or immediately after the event.

This will help you to be more specific in your follow-up.

• Treat people like friends. Would you go to a friend, interrupt his/her conversation, hand over a business card, talk about yourself and then walk away? Of course not.

Treat new networking relationships as you’d treat your friendships.

• Sharing is caring. This is no less true now than it was in kindergarten. If you are willing to share your contacts and resources, others will be more likely to help you as well. Develop a sincerity in your giving nature without expectation of something in return.

• Treat connecting like a puzzle. If you’re asking great questions and considering how you can help others, you’ll naturally start to draw connections between who you are talking to and others in your network. Offer to make these connections!

• Ask yourself why they should care. Consider why the person you’re speaking to should care about what you’re saying. Craft your conversations accordingly. You only have a short time to make an impression, so try to make it favorable.

• Be engaged. Keep eye contact with your conversation partner. Nod your head and tilt your body towards them when you’re speaking.

• Do NOT “work the room.” Don’t try to meet as many people as possible in a room; focus on making just a few solid connections. People can sense when you’re simply speaking with them to grab their card and go.

Reprinted from forbes.com. Darrah Brustein is the founder of Network Under 40, a networking organization for young professionals.

GNAA 11

Are you ready to paint the town RED?

2017 Awards & Installation Banquet Time: Date: Location:

5:00 pm November 18, 2017

The Omni Nashville Hotel

Nashville. We are home.

Call us to see why we are the nation’s premier career resource since 1977.

™ Executive Search • Temporary Staffing • Temp to Hire • RapidHire Is today fast enough?

Main Number - 629.888.1122 Toll Free - 855.961.7666 Email - Nashville@thelibertygroup.com

Mark Darnell Branch Manager

12 GNAA

Visit our website at www.TheLibertyGroup.com for more information!

Educational Opportunities Time for your monthly educational update! Our dedication to being the gold standard for our industry shows in the quality of the programs we offer to you, our members. Take advantage of these upcoming classes.

June Legal Seminar

This year’s legal seminar is now upon us! Earn three CECs while catching the latest legal news from our experienced team of speakers (Angelita Fisher, Jennifer McCoy, Wes Hall and Nathan Lybarger). Topics include fair housing, bankruptcy and landlord/tenant law updates. See the ad on page 10 for more information on presentations. This year’s program is a half day, 8:30am to 12:30pm, on FRIDAY, JUNE 9, at the GNAA offices in the Education and Training Room. Breakfast is included in the $149 member price.

Make plans to join us in June and easily register online.

HVAC Hands-on Training

Maintenance Technicians, get ready to get your hands dirty! The next hands-on training class takes place at the GNAA offices in the Education and Training Room on TUESDAY, JUNE 13, from 9:00am to 5:00pm. Instructor Jim Fox will be going over the latest in refrigerant charging and troubleshooting – just in time for the heat of summer. Register online at gnaa.org or pick up a flyer the next time you are in the office.

July HVAC EPA Certification

Your second chance for HVAC Certification is TUESDAY, JULY 13, from 9:00am to 4:30pm in the GNAA Education and Training Room. Get the latest and most updated HVAC information as you work toward your certification. Manuals will be ready for pickup at the GNAA office on June 15. Attendees are encouraged to pick them up early and start studying as soon as possible to help them prepare for the test at the end of the course. Good luck to all!

Leadership Lifestyle “The Pointy End of the Spear: A Lesson in Leadership”

Being a leader is much more than being the “Boss.” This session is geared to the community and regional manager, as well as those who want to move into a leadership role. It is also very good for the local owner whose employees report directly to them.

Nationally recognized speaker Vicki Sharp will lead the discussion about the differences between a “Boss” and a “Leader” and will demonstrate why leadership works better. Millennial employees provide unique skills but bring unique challenges. Chat about their hot buttons and how to get the most from them in the workplace. Finally, we will talk about reprimands and rewards that work. Attendees will leave with a list of ideas for individual and team motivation. Plan on attending this informative class on TUESDAY, JULY 25, from 9:30am to 12:30pm.

Thank you to our 2017 Education Sponsors!

Elmington Property Management • Ferguson Facilities Supply • Langley & Taylor Pool Corporation Law Office of Hall & Associates • L.I.C.R.A.-Nashville • Lighthouse Property Management Lincoln Property Company • RentDebt Automated Collections • Sherwin Williams ValetWaste • Volunteer Properties • Wheeler, Inc.

GNAA 13

General Membership Meeting

Sarah, Marion, Amy & Tish, Schatten Properties

Crystal, Mallards Landing; Annette, Retreat at Indian Lake; Gia, Cedars at Elm Hill

Richard, Maintenance Supply Headquarters; Steve, RJ Young; Alex, IOU

GNAA New Members

Sheraine, Stonewood Village; Emily & Randy, Dover Glen

Lisa, Lincoln Property Company; Molly, Harpeth River Oaks

Rebecca, Crawford Door; Terry, State Farm; Stacy, NTS Development

Jeff, Century Fire Protection; Brent, TopCare; Kelly, BMS Cat, Inc.

Kathy, CLK; Bridget, Contractors, Inc.

Mark, Baytree Landscape Contractors; Properties; Melanie, Green Village Rec

Jamie, Meridian at Providence; A

Go-Getters

Restoring Nashville’s Multifamily One Community

Stephanie, NTS Development; Jack, ACI; Gene, nHance

; Jessie, Volunteer cycling

Lincoln Property Company

Alberto, Real Floors, Inc.

Lisa, Bell Partners, Inc.; HK Derryberry; Jim Bradford

NALP Credential Recipients

Sarah, Waterford Place; Bridget, Grove at Shadow Green; Mitzi, Flats at Taylor Place; Katherine, Gale Lofts

Lincoln Property Company

y at a Time

655 N. Main Street • Goodlettsville, TN 37072 Phone: 615.873.4631 • Fax: 615.873.4634 ryan@summitpr.net

GNAA New Members

Safari Scramble Golf

Thank you, Title Sponsor Sherwin Williams Paint and Flooring!

Reliable Roofing, Construction and Repair Services, Inc.

Fire & Life Safety America

Sharp, Robbins & Popwell, LLC

r k fo ’ Loo inners fW Gol otos in !

Ph N&E y Jul

Real Floors, Inc.

CIC Credit

Volunteer Properties

BMS Cat, Inc.

Artisent Floors

Emergency Restoration Services

PCS

Chadwell Supply Lincoln Property Company

Law Office of Hall & Associates

Tournament

BG Multifamily and The Liberty Group

Summit Property Restoration

Affiliated Creditors, Inc.

Landscape Workshop

Peachtree

R3 Contractors Golf Team

Law Office

Hall & Associates M. Wesley Hall III

Nathan C. Lybarger

LandlordAdvocate® 223 Madison Street • Suite 212 • Madison, TN 37115

6 1 5 . 8 6 8 . 4 1 0 1 • Fa x 6 1 5 . 8 6 8 . 3 8 9 3

GNAA 17

Are you in need of a REPLACEMENT while your leasing agent is on vacation?

Apartment All

Are you in the PROCESS OF HIRING and find yourself short-handed?

Is your leasing agent OUT OF THE OFFICE due to sickness or a long-term leave?

APARTMENT STAFFING C A N

H E L P

Y O U

We have several highly experienced leasing consultants, assistant managers, managers, maintenance personnel and groundskeepers available for temporary and permanent full-time and part-time positions in the Metro Nashville area.

Glinda, The Law Office of Hall & Associates

We carefully screen our applicants to meet the needs of each individual apartment community. Our goal is to help you and your property function smoothly, organized and profitably during this time.

Short or Long Term Temporary Placement Permanent Full Time Placement • Shopping Services 100% Satisfaction Guaranteed

399-4747

fax 399-0888

Monday-Friday 9-6 DEE HARDING Owner L.I.C.R.A.-Nashville

Do you have the Insuring multi­unit homes & associations is our specialty.

Right Protection Let us protect your investments.

Andrew, Villages of Vanderbilt; Lacey, CORT

for your investments?

Contact Carrie Mott to review your policy at 860­232­4491, ext. 127 Call our Nashville Office at or cmott@binsurance.com

615­610­6038 to learn about our multi­unit insurance program. binsurance.com

18 GNAA

Zac, Freeman Webb; Shelley, Greystar; Wes, The Law Office of Hall & Associates

Stars

Pam & Dana, ForRent.com

GNAA Staff and Apartment All Stars Speakers

Corey, Evergreen Real Estate; Brooks, Greystar

Goofing around with Toni!

Apartment All Stars Book Winners

Brandi, Toni, Jenn, Jackie, Pam, Jenny, Carole & Andrea

Amy, Kitty, Alicia, Cheryl

GNAA 19

GNAA Maintenance Committee

Freeman Webb

Austin & Robert, Carter-Haston

Lighthouse Property Management

20 GNAA

Lisa, Bell Partners; Wes, Law Office of Hall & Associates

Lisa & Pam, Nashboro Village

Anyone for cornhole?

Greystar

Milestone Management

Two more competitors ready their cars

Thank you, Freeman Webb, Title Sponsor!

Lincoln Property Company

NTS Development; Freeman Webb

Thank you, sponsors!

Freeman Webb

Wes; Austin, West End Village; Andrew & Shane, Chadwell Supply

Chris, Carter-Haston; Kirby, Freeman Webb

Chris, West End Village; Rusty, Lighthouse Property Management

Emir, Station 40; Rusty, Lighthouse Property Management

24/48 Service Wes; Chris, West End Village; Andrew & Shane, Chadwell Supply

772.3234 getagrip.com

615

Before you get going on your remodel, Get A Grip. Call us today!

GNAA 21

Managers Luncheon Highlights

Alice, Oakwell Farms; Josh, A1 Concrete Leveling; Nancy, Past Chairman

Kurt, Bouvier Insurance; Gia, Lighthouse Property Management

Tyler & Sarah, Langley & Taylor Pool Corporation; Vicki, Crossroads Real Estate Management, LLC

Thank you! The Law Office of Hall & Associates

Professional Service with a Personal Touch Dwayne Rawls

(615) 860-5411 • Mobile 533-8474 Fax 860-1004 Wheeler, Inc.

3868 Dickerson Pike, Suite 200 • Nashville, TN 37207

22 GNAA

Roselyn, Century Fire Protection; Joyce, HND Management

Jeff, Reliable Roofing; Diana, HND Management

Save These Dates for GNAA Events!

June

Slide Into Summer Fun Come join GNAA staff and members help the women and children of the Nashville Rescue Mission kick off summer in style! The event takes place on SATURDAY, JUNE 10, from 10:00am to 2:00pm at the Women’s Campus of the Mission, located at 1716 Rosa L. Parks Blvd. in Nashville. If you can’t make it to the festivities, you can still support the effort with a $20 donation to purchase a “slide.” Visit gnaa.org to register or donate. We appreciate your help!

July

General Membership Meeting Get ready for another great speaker at the July General Membership Meeting. As we finalize the program, make sure you save the date and get your tickets now! The next meeting is on THURSDAY, JULY 27, from 12:00 to 1:30pm. Welcome new members, cheer on the latest Go-Getters and mingle with your peers while learning a little something. Keep an eye out for the speaker announcement soon!

August

United We Stand: A Red, White & Blue Trade Show Don’t wait to get your trade show space – this year’s show is filling up fast! Join us for all the fun and festivities on THURSDAY, AUGUST 10 from 5:00 to 8:00pm. Show your patriotic spirit by wearing red, white and blue and decorating your booth with a good old American theme. This annual event is a great way for you to get your name out there to all GNAA members and network with some of the biggest companies in our industry. It doesn’t hurt that there are also door prizes at each booth, and one booth will win the Best of the Best Award! Call the GNAA office at 615-365-3047 if you still need to register your booth. We look forward to seeing you there!

September

TAA Business Exchange Hard to believe we are already announcing events for September! The annual TAA Business Exchange has been set for THURSDAY, SEPTEMBER 7, from 6:00 to 9:00pm. This is a great event for regional managers to network and learn a little more about our state association and the sponsors of the evening. Set your calendar reminder now to get your tickets when they become available. See you there!

GNAA 23

NASHVILLE ...a company for all your property needs.

F U LL S E RV I C E R E S TO R AT I ON CO M PA NY Fire • Water • Wind Smoke Damage • Mold Remediation Bio-Hazard Waste Clean up/Disposal as well as Turn Key Services for your everyday needs.

3283 F R A NK L IN L IM ESTONE R OA D • NA SHV IL L E, TN 3721 7

( 615) 360- 0079 Sunday

Monday

Tuesday Wednesday Thursday

Friday

1

News & Events Committee*

Saturday

2

3

9-10am

4

5

Maintenance Committee*

6

9-10am

June

9-10am

Fathers Day

7

Membership Committee*

Communications Committee*

8

9-10am

Associates Luncheon

9

Legal Conference* 8:30am - 12:30pm

Hermitage House 11:30am

11

12

Legislative Committee*

13

9am

HVAC Hands-On Training: Refrigerant Charging & Troubleshooting*

Managers Luncheon*

14

Trade Show Committee*

Slide Into Summer Fun

10

Nashville Rescue Mission Women’s Campus 10am - 2pm

15

16

17

22

23

24

29

30

9-10am

12-1:30pm

9am - 5pm

18

19

20

21

NAA Education Conference - Atlanta

25

26

27

Maintenance Luncheon

Hermitage House 12-1:30pm

28

Board of Directors* 9am

*at GNAA office

24 GNAA

It’s the Law

Criminal Activity?

Call the Police!

As has long been recorded, the crime rate during the summer months increases. Whether it’s the hot weather that grates on people’s nerves, kids being out of school and having “idle hands,” or just more people being outside, the necessity of eviction for non-monetary breaches of our leases also increases proportionally. As we move into the summer, let’s remind ourselves how to react when we are made aware of, or observe, criminal activity at our communities.

There has been a lot of discussion concerning HUD’s recent guidance in the use of arrest reports when reviewing applications or determining whether a tenant should be evicted. Now that guidance has become relevant to this topic and should be part of our decision-making process.

However, we have long been required to present to the court that, independent of the fact that an arrest occurred, there was activity that breached our lease agreement or Landlord Tenant statutes. Therefore, the question becomes: How do we prove criminal activity, and what level of criminal conduct is required to successfully terminate tenancy?

The Landlord Tenant Act includes a prohibition of any illegal conduct on the premises. The premises is defined in the Act as the dwelling unit, grounds, and facilities held out for the use of the tenant. Therefore, if the tenant commits any illegal conduct on any part of the community, it is a violation of the obligations imposed by law and can be treated as such.

However, illegal activity does not automatically invoke our right to use the three-day notice statute.

That section allows a three-day notice when the tenant or any other person on the premises with the tenant’s consent (1) willfully or intentionally commits a violent act; (2) behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of other tenants or persons on the premises; or (3) creates a hazardous or unsanitary condition on the property that affects the health, safety, or welfare or the life or property of other tenants or persons on the premises.

As we said, while illegal conduct violates the Landlord Tenant Act and may be addressed with a longer violation notice, it may not rise to the level that would allow a three-day notice. Therefore, we must review the circumstances surrounding such conduct when determining on which path to proceed. Not only should the circumstances of each incident be considered, but also the ability to prove the facts of the case should the matter result in a trial.

In proving criminal conduct in a three-day notice, the most essential evidence is generally the testimony of police officers who responded to the scene. While witness statements, video surveillance, and pictures are helpful, when trying to convince a judge that conduct rose to the level that it was a danger to other tenants, the involvement of law enforcement is a must.

If criminal activity is reported to the management office, the first thing that should be done is to report it to the police. This report should be made by the person who witnessed or was a victim of the criminal activity. Encourage your tenants to notify law enforcement immediately of any suspected criminal activity. While we appreciate staying informed through resident relations, we should not be the first person to whom such conduct is reported.

Furthermore, if a member of the property management team is a witness or victim of any such activity, they should call the police immediately. If a member of management feels threatened, harassed, violated, or intimidated, let the police know and at least have a report made for such activity. The police may determine that the conduct did not violate any criminal code, but they will never be able to make that determination if the conduct is not reported. One of the most damaging questions when having a three-day case heard before a judge is, “Why weren’t the police called?” Don’t let that question sabotage your case when trying to protect yourself and your tenants from a dangerous situation.

Police involvement also becomes essential when the criminal activity is drug-related. While a layperson can testify about their stolen property or being the victim of a physical attack, drug cases require law enforcement’s expert testimony to prove that the recovered substance is indeed illegal. And while there may be plenty of citizens who can positively identify drugs, without the testimony of a law enforcement officer, the determination cannot be conclusive.

Regardless of why the police are on the property, take the time to speak to the officers and, over time, build relationships with them. We’ll need to record their names, badge numbers, report numbers, and any other available details so that we can retrieve records as soon as they become available. Remember, if the tenant refuses to vacate following a termination notice, this police officer will be the star witness of the resulting court proceeding.

Remember, when any illegal activity occurs, call the police so the judge won’t ask, “If the conduct was so bad, why weren’t the police involved?” Immediately reporting the activity will ensure your best chance to win.

by Wes Hall, Esq., Law Office of Hall & Associates

GNAA 25

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