the ApartMentor 2019 June-July Issue

the ApartMentor | June-July 2019 2

Triangle Apartment Association 7920 ACC Blvd., Suite 220 Raleigh, NC 27617 919.782.1165 • 919.782.1169 FAX www.triangleaptassn.org TAA Office Hours Monday through Friday 8:30am-5:00pm TAA Mission Statement The leading resource committed to the advancement of the rental housing industry through advocacy, engagement, and innovation.

@TriangleAptAssn

CONTENTS 4 President’s Pen

12

6 New Members

14 Legal Issues

8

26 Calendar of Events

Trade Show Recap

Upcoming Education

OFFICERS President

Vice President

Treasurer

Secretary

April Vasta CAPS, CAM Blue Ridge Companies, Inc.

Kelli Lea CAM, NAAEI Greystar

Rita Zepeda CPM, CAPS, CAM PRG Real Estate Management, Inc.

Craig Nardi CPM S.L. Nusbaum Realty Co.

Immediate Past President

@nctaa

Affiliated with:

Claire Michael CAM Fairfield Residential, LLC

DIRECTORS TAA STAFF MEMBERS Josie H. Eatmon, Executive Director jeatmon@triangleaptassn.org Suzanne Pratt, Director of Professional Development spratt@triangleaptassn.org

Rob Boggs CAM TriBridge Residential, LLC

Berry Craven CAMT Ginkgo Residential, LLC

Becki Hale CAM Grubb Ventures Services, LLC

Steve Hayworth Drucker + Falk

Kristi Henderson Redi Carpet, Inc.

Cindy Nitschke CAS Valet Living, LLC

Chris Smith Greystar

Amy Timocko CAPS Hawthorne Residential Partners, Inc.

Chris Williams RentPath, LLC

Norm Praet General Counsel Brownlee Whitlow & Praet, PLLC

Vicki Franciosi, Meetings & Events Director vfranciosi@triangleaptassn.org Dustin Engelken, Government Affairs Director dengelken@triangleaptassn.org Susan Williams, Finance Director swilliams@triangleaptassn.org Meg Palumbo, Communications Manager mpalumbo@triangleaptassn.org Jennifer Creech, Membership & Marketing Manager jcreech@triangleaptassn.org Dan Pauley, Staff Accountant dpauley@triangleaptassn.org Alyssa Clair, Education Coordinator aclair@triangleaptassn.org Jessica Esposito, Events Coordinator jesposito@triangleaptassn.org Layvoyne Toler, Administrative Coordinator ltoler@triangleaptassn.org

Franklin Rodriguez Rebecca Rosario-Bueno CAPS, CAMT CAM, NALP, NAAEI Blue Ridge Full House Marketing Companies, Inc.

COMMITTEE CO-CHAIRS Education:

Bret Smith Akeshia Thomas

Government Affairs:

Products & Services:

IRO:

Special Events:

Katy Boone Kelly Goehl

Dena Daniels Tim Masters

Membership:

Natalie Cook-Wooters Sara Cox Elizabeth Godwin-Riley This issue of the ApartMentor is designed and published by Moonstone Studio, LLC, proud member of the Triangle Apartment Association.

PR & Community Outreach:

Paula Kotarakos Derek Tarrant Kathy Woodard

Chad Anderson Chris Fortune Becki Hale Cindy Nitschke

XCEL:

Rob Boggs Amanda Waldner

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Total Members: 1,079 Total Units: 141,595 Apartment Communities: 596 Suppliers: 257 Management Companie s: 160 IRO: 66

TAA Snapshot as of 4/30/2019

President’s Pen I’m pretty lucky to

with friends and family. I’m not perfect

partner who can donate supplies? Are

work for a company

and need to be reminded weekly, if not

you able to spare a few hours to assist

that really invests

daily, that these things are important to

with demolition or give the unit a good

in its employees.

me and that I cannot give my all if I’m

cleaning before the residents move in?

Several years ago,

not rested and feeling my best. With all

Check out TAA’s website for more infor-

Blue Ridge Compa-

of this, I realized that there was still some-

mation on how you can give back.

nies created what is

thing that was missing from really feeling

now a 4-step leadership program that

like I was living my purpose statement to

we call EPIC. It was during the second of

the fullest.

these leadership seminars that we were led through two days of intense sharing of personal stories, multiple exercises of self-reflection and shedding a few tears, but we all walked out of that room with our own personal purpose statement. A purpose statement is not only how we want to be remembered, but also how we should go through life.

teer in some capacity and give back to

backpack donation to our After Work

my community. Life always seemed so

Networking event on July 9.

busy and I never felt like I had the time.

I’m sure I’m not alone with feeling like there aren’t enough hours in the day to complete everything that needs to get done. I also wasn’t really sure how to get involved. As an avid dog lover, I was

I take the time to take care of myself so

was hosting a volunteer orientation and

I can successfully help those around me”.

quickly signed up. It’s not easy work but

At the time, I was going through a lot of

it is probably the most satisfying thing I

changes both personally and profession-

do each week. That feeling of making a

ally and realized I wasn’t taking care of

difference feeds the soul.

pose statement is a little selfish as it only focuses on myself and not others, that it’s no different than when you are on a plane and the flight attendant tells you to put your oxygen mask on before helping others around you.

I started by making sure I was taking the time to do the things we know are good for our health. Eating right, exercising a few times a week, scheduling doctor visits and even spending quality time

Stuff a new backpack full of unused school supplies and bring your PACKed

thrilled to find a local dog rescue that

I’ve come to learn, even though my pur-

to School Drive happening right now?

For years, I have been wanting to volun-

My purpose statement is to “Make sure

myself and was going to burn out quickly.

Have you heard about the Backpack

Did you know that TAA provides several easy opportunities each year to give back to the communities we live and work in?

New Lease on Life (NLOL) is currently working on a project to renovate 12 transitional housing units owned by their agency partner, Family Promise of Wake County. These units are used as transitional housing for families that are experiencing homelessness. These homes were built in the 1980s and haven’t had many upgrades since. Are you a vendor

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TAA is partnering again this year with the Food Bank of Eastern NC. Our second Day of Service this year will be held on October 10. Save the date to spend the afternoon giving back to the community with fellow TAA Members!

TAA also offers a Community Event Sharing Facebook page where you can share any events that you are passionate about and want others to know about.

They don’t have to be industry related either. Think non-profits, 5k races, and concerts. Check out the page here: www. facebook.com/groups/taaces “As you grow older, you will discover that you have two hands — one for helping yourself, the other for helping others.” — Audrey Hepburn

April Vasta, CAPS, CAM TAA President Blue Ridge Companies, Inc. taapresident@triangleaptassn.org

Thermal Imaging Services

Meter Repairs and Replacements

Interior and Exterior Panel Replacements

$25 off

$50 off

$150 off

repairs of $250 or larger

repairs of $1000 of larger

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repairs of $3000 or larger

New Members MANAGEMENT COMPANIES Lantower Luxury Living 1409 South Lamar St, Suite 1005 Dallas, TX 75215 Contact: Jamie Hise support@lantowerliving.com 214-421-4400 Units: 937

COMMUNITIES Abberly Solaire 1515 Copperline Dr Garner, NC 27529 Contact: Brandie Jeffries abberlysolaireinfo@hhhunt.com 984-500-1727 Units: 282 Beacon Pointe Apartments 1901 Lipscomb Rd East Wilson, NC 27893 Contact: Judy Bennett beaconpointecm@laramarapts.com 252-281-1380 Units: 104 Greenfield Commons 500 Formosa Ln Chapel Hill, NC 27517 Contact: Karen Huber khuber@druckerandfalk.com 919-240-4497 Units: 69 Lofts at Sterling Mill 108 East Green St Franklinton, NC 27525 Contact: Shawn Urban sterlingmillmgr@slnusbaum.net 919-816-2964 Units: 96 Meridian at Nichols Plaza 900 Doverside Dr Apex, NC 27523 Contact: Deanna Abdelkhaleq meridianatnicholsplaza@bellpartnersinc.com 919-367-0701 Units: 270 Shelton Station 430 North Greensboro St Carrboro, NC 27510 Contact: Madison Young sheltonstation@ellerliving.com 919-504-1355 Units: 94

INDEPENDENT RENTAL OWNERS

SUPPLIERS

7875 Allscott PO Box 6052 Raleigh, NC 27628 Contact: Brian Goins brian@7875allscott.com 919-263-0916 Units: 1

All Good Refinishing PO Box 1188 Garner, NC 27529 Contact: Bob Eaton reaton@nc.rr.com 919-422-1801 Bathtubs, Countertops, Tile: Repairs and Refinishing

Abare Real Estate & Property Management, LLC PO Box 1433 Cary, NC 27512 Contact: Kristi Woerner abaremgmt@yahoo.com 919-758-8133 Units: 120

Auto-Out Cooktop Fire Protection 1911 Windsor Pl Fort Worth, TX 76109 Contact: Kelli Esposito k.esposito@auto-out.com 817-924-1370 Fire and Safety Equipment Supplies

MAA, LLC 100 Grosvenor Dr Raleigh, NC 27615 Contact: Matthew Sinn maallcemail@gmail.com 720-483-2987 Units: 0

Catalyst Fitness Equipment 5827 Solitude Way Durham, NC 27713 Contact: Jonah Rhee jrhee@catalystfitnessequipment.com 919-815-5100 Fitness Equipment (Indoor or Outdoor)

Miedema Building 1000 Clear Creek Farm Dr Raleigh, NC 27615 Contact: Jayne Baker miedemaj08@gmail.com 919-740-3658 Units: 21

Chief Roofing, Inc. 508 Cornerstone Ct Hillsborough, NC 27278 Contact: Melvin Barnes chief@chiefroofing.com 919-732-5028 Roofing, Gutter Cleaning and Pressure Washing Contractors, Roofing Vent Repair Contractors

Ritchard Schacher 208 Caraway Lane Cary, NC 27519 Contact: Ritchard Schacher rlschacher@gmail.com 919-656-2486 Units: 3 Walter Morgan 131 Mountain Maple Drive Cary, NC 27519 Contact: Walter Morgan waltvmorgan@msn.com 919-810-0891 Units: 2 Wolf Multifamily Investments, LLC 601 West End Ave, Apt 3A New York, NY 10024 Contact: Seth Wolfman swolfman@wolfmultifamily.com 917-232-9975 Units: 0

Welcome! the ApartMentor | June-July 2019 6

Entrata 4205 Chapel Ridge Rd Lehi, UT 84043 Contact: Jake Dalton jdalton@entrata.com 801-784-9789 Property Management Software, Consultation Services Father and Son Renovation and Maintenance 1606 Amberley Dr Durham, NC 27704 Contact: Luis Santos Trejo santosluis1998@gmail.com 919-360-1682 Renovation and Capital Improvement Contractors, Painting Contractors, General Contractors, Emergency Service Contractors, Carpentry Contractors Home Art, LLC 4808 Sunset Stream Dr Fuquay-Varina, NC 27526 Contact: Peter Pitillo homeartllc@outlook.com 919-454-1370 General Contractors, Renovation and Capital Improvement Contractors, Carpentry Contractors, Electric Contractors, Plumbing Contractors, Masonry/Stone/Pavers

MRI Software 7092 Clubview Dr Bridgeville, PA 15017 Contact: Nia Gray nia.gray@mrisoftware.com 412-463-3459 Property Management Software

Maynor Heating & Air Conditioning 1094 Classic Rd Apex, NC 27539 Contact: Sam Gardner sam@maynorhvac.com 910-890-0409 HVAC Contractors

2019

North State Signs and Printing 1107 Capital Blvd Raleigh, NC 27603 Contact: Cyrus Gill cgill@northstatesigns.com 919-977-7053 Design Services (Graphics, Logos, Publications), Printing and Signs

Moe’s Southwest Grill Catering 514 Daniels St, Suite 305 Raleigh, NC 27605 Contact: Ralph Nelson ralphmoescatering@yahoo.com 919-278-8734 Catering/Food and Beverage/Restaurant

Junk Masters 219 Slate Blue Pl Cary, NC 27519 Contact: Michael Scott mscott@junkmastersnc.com 919-238-9159 Trash or Recycling: Bulk Removal, Trash or Recycling: Doorstep Collection

Terminix Commercial of NC, LLC 131 Thomas Mill Road Holly Springs, NC 27540 Contact: Nanette Rota nrota@insect.com 919-577-9070 x4521 Pest Control Contractors

Remaining SPONSORSHIP & ADVERTISING OPPORTUNITIES

Business artners

Education

35 Anniversary Supporting Partner $500 | Meg Palumbo

Class Breakfast Meal Cost | Alyssa Clair

Class Lunch

Advertising

Meal Cost | Alyssa Clair

the ApartMentor Magazine - Half Page $375 | Meg Palumbo

Class Snack Break Snack Cost | Alyssa Clair

the ApartMentor Magazine - Full Page $450 | Meg Palumbo

Workbook Sponsor - 1 Page Ad $300 | Alyssa Clair

the ApartMentor Magazine - Premium $550 | Meg Palumbo

Featured Directory Profile

Events After Work Networking Event Sponsor

$349/year | Meg Palumbo

$199 | 3 Spaces/Event | July or Dec | Jessica Esposito

ENews Sponsor

NLOL 5k T-Shirt Sponsor

$320/month | Meg Palumbo

$250 | $500 | $1000 | Sept 22 | Meg Palumbo

Quarterly Magnet Sponsor

TAA's Tour of Cities Breakfast Sponsor

$300/sponsorship | Jennifer Creech

Meal Cost | Exclusive | Sept or Nov | Jennifer Creech

Board of Directors

Golf Tournament Sponsorships

$ Varies | Sept 27 | The Neuse Golf Club | Vicki Franciosi

BoD Bonding Event

35th Anniversary Celebration Sponsors

$1,500 | July | Exclusive | Josie Eatmon

$ Varies | Nov 1 | Vicki Franciosi

BoD Retreat

$1,000 | Oct | Two Spaces Available | Josie Eatmon

Sponsorship/Ad Name

BoD Year-End Reception

$1,000 | Dec | Two Spaces Available | Josie Eatmon

Information subject to change without notice.

Visit our website for more information & to register. www.triangleaptassn.org

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Cost | TAA Staff Contact

TAA’s 2019 Trade Show

with

TAA

OFF

On Wednesday, May 1, we blasted off to infinite possibilities with our annual Trade Show at the NC State Fairgrounds! This year’s show was our biggest and most successful to date.

On this very special year, our 35th Anniversary Year, we featured a number of exciting changes.

Some of which included a new venue – the Jim Graham Building, a larger floor plan with 21 added booths (sold out), carpeting on the entire show floor even all exhibitor booths, wider aisles, new and improved name badges and lanyards, extended show hours and 35th Anniversary Bags for pre-registered Owner/Operator attendees of which 35 contained a $35 gift card.

We also gave away $4,000 in grand prizes, compliments of our Strategic and Premier Business Partners. And, TAA gave away not one but two trips to NAA’s Apartmentalize in Denver, Colorado this June.

Congratulations to our Booth Contest Winners! (Pictured below with TAA Vice President Kelli Lea.) The three winning companies received a trophy and will be able to register first for next year’s show as well as receive a discount on their booth registration.

There were 168 Exhibiting Member Companies with 509 Exhibitors and 1,108 Owner/Operators in attendance for a record participation.

Thank you to our Exhibitors, Attendees, Strategic and Premier Business Partners and Volunteers for making this an awesome experience!

“Best Overall Booth” – Career Strategies, Inc.

“Best Costume”– Sherwin Williams

“Best Use of Theme” – SERVPRO of North Raleigh, Wake Forest & North Durham

Congratulations to the grand prize and NAA trip winners!

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the ApartMentor | June-July 2019 10

NAAEI CAM CREDENTIAL RECIPIENTS

Congratulations!

Congratulations to the following individuals who have earned the Certified Apartment Manager (CAM) credential from the National Apartment Association Education Institute (NAAEI).

Heather Arndt – Capstone Real Estate Investments, LLC Gerard Boelstler – Boelstler Capital Group Torie Booker – The Waverly Elizabeth Bryant – Carden Place Apartments Amanda Callahan – Solis Brightleaf Cheryl Dillard – Woodland Creek Townhomes & Apartments LaQuisha Harris – Drucker + Falk Kerri Ledo – The Lodge at Crossroads Nicholas Lutes – Concord Apartment Homes Wesley Mays – Remington Place Apartments

Dion McLamb – Clairmont at Brier Creek Laura Moore – Laurel Ridge Apartments Vanessa Moultrie – Carter-Haston Natalie Ortiz – Capital Creek at Heritage Jonathan Smith – The Reserve at Ellis Crossing Marci Strathmeyer – Cumberland Cove Apartments Grace Temple – Centerview at Crossroads Meagan Watts – Green Meadows Apartments Outstanding!

Michael Zolyniak – Cortland Midtown East

NAAEI CAS CREDENTIAL RECIPIENT

Wishing you even more success in the future.

Congratulations!

Congratulations to the following individual who has earned the Certified Apartment Supplier (CAS) credential from the National Apartment Association Education Institute (NAAEI).

Carson Woodell – Southern Outdoor Restoration

Congratulations to the two management companies who won Most Creative and Best of Show for 2019!

Best of Show, Hawthorne Residential Partners, Inc.

Most Creative, Drucker + Falk

Battle of the Baskets Fundraiser Recap Magnificent describes this year’s Battle of the Baskets fundraiser along with the amazing baskets that were donated. Simply put, if this year’s baskets are a reflection as to what is to come, LOOK OUT, because the competition is on for 2020!

Apartment Manager (CAM), Certified Apartment Supplier (CAS), National Apartment Leasing Professional (NALP) and the Certificate for Apartment Maintenance Technicians (CAMT).

On the evening of May 1, 14 marvelous baskets were raffled off, including one from the Education Committee. TAA members had the opportunity to purchase raffles tickets to support TAA’s Education Foundation Scholarship Fund and be lucky enough to have their name drawn to win one of the baskets.

The Education Committee raised the astonishing amount of $6,100. On behalf of the Education Committee, we’re so grateful for TAA’s generous donors, continual and faithful supporters.

On behalf of TAAEF Board of Directors and the TAA’s Education Committee members, THANK YOU for your generosity and donation of your basket.

The TAA/TAAEF Education Scholarship Fund was established in 2001 to provide qualifying candidates the opportunity to further their career development.

Your investment will help to enhance the skills of apartment industry personnel, resulting in better managed and more confident future decision makers of the apartment industry. Since its inception, 67 scholarships have been awarded.

Funds from the Education Scholarship Fund underwrite scholarships for TAA members to enroll in the NAAEI (National Apartment Association Education Institute) Credential programs such as Certified Apartment Portfolio Supervisor (CAPS), Certified

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Bell Partners, Inc. Blue Ridge Companies Cortland Partners Drucker + Falk Greystar The Carolinian Hawthorne Residential Partners, Inc. Highmark Residential Northwood Ravin, LLC PRG Real Estate Management, Inc. Pet and Playground Products Signature Property Group Waypoint Residential Management Services

education classes Please visit TAA’s website for full details about each class and to register online for courses and seminars: www.TriangleAptAssn.org. All classes are held in the TAA/Response Team 1 Education Center unless otherwise noted. Registration deadlines are one week prior to course date unless otherwise noted.

Grow your business with TAA. Get face time with your target market and build meaningful connections with TAA Education Sponsorships! Visit our website for current availability.

Certified Apartment Portfolio Supervisor (CAPS) Credential Program July 10 – 13 9:00am – 5:00pm (Wed-Fri) 9:00am – 3:00pm (Sat) $1,345 Members

Maintenance Directors, Mid-Upper Level Management, Marketing Directors and those aspiring to move to that level.

Industry experience requirement is either CAM, ARM, RAM with 2 years of apartment management experience OR a Property Supervisor with 2 years of multi-site experience.

CAPS Credential Modules

Instructor: Alex Jackiw, COO with Hayes Gibson Property Services The Certified Apartment Portfolio Supervisor (CAPS) credential course was developed for Regional/District Managers,

Visit our website for more information about the CAPS Credential Program.

2019 Certified Pool/Spa Operator (CPO) Course & Exam Opportunities July 19 & 20 September 13 & 14 8:30am – 5:00pm Full Course Fee: $279 Members Re-Take Exam Fee: $179 Members

Please note! All CPO courses will be held on a Friday and Saturday. All those seeking CPO re-certifications must attend both days.

Breakfast & Lunch Sponsorships Available!

Instructor: Mark Peele, CAMT, Director of Maintenance and Construction with PRG Real Estate.

Property Financials for Assistant Managers Seminar August 13 9:00am – 3:30pm $129 Members Five (5) Continuing Education Credits (CECs) Instructor: Brandon Negron, Regional Manager with Landura Management Associates

This seminar will provide a greater understanding of how the assistant managers’ role is paramount to the overall financial performance of the asset. Learn the ins and outs of your property’s income and expenses so that you can propel yourself to the next level with the knowledge needed to make a significant impact.

Legal Issues September 19 9:00am – 4:30pm $209 Members Six (6) Continuing Education Credits (CECs) Instructor: Todd Whitlow, Partner with Brownlee Whitlow & Praet, PLLC

Join us for this informative seminar to learn all the legalities of operating your property within the law in the state of NC. Get up to speed on the NC landlord-tenant law changes. In addition to learning about the laws, you will learn the legal aspects of property management as well as the eviction process and how to avoid pitfalls.

NAA Lease Review & Training Seminar September 20 9:00am – 4:30pm $189 Members Six (6) Continuing Education Credits (CECs) Instructor: Todd Whitlow, Partner with Brownlee Whitlow & Praet, PLLC

This course will cover the NAA Lease, Addendums, and changes that have been made pertinent to the state of North Carolina landlord law. This session is a must-attend for managers, assistant managers and leasing professionals using the National Apartment Association lease agreement. the ApartMentor | June-July 2019 12

Business Writing Course September 26 8:30am – 5:00pm $129 Members Seven (7) Continuing Education Credits (CECs)

It’s direct, clear, and designed to be read quickly. In business, your writing counts. It’s a projection of yourself (and your company) just as much as what you wear and how you conduct yourself.

Instructor: Jenni Hart, copywriter, editor and writing instructor.

Lunch Sponsorship Available!

Business writing is any written communication used in a professional setting, which includes emails, memos, reports, and presentations.

Low Income Housing Tax Credit (LIHTC) Seminar: Fundamental and Advanced Training in LIHTC Compliance October 9 & 10 Complete LIHTC Training & HCCP Exam – $618 Members Complete LIHTC Training ONLY (no exam) – $449 Members HCCP Exam Only – $175 See website for class times and CEC information.

Instructor: Karen Graham, President & CEO of Karen A. Graham Consulting, LLC

The Housing Credit Certified Professional (HCCP) is the leading credential in the Low-Income Housing Tax Credit industry, representing the highest level of competency and knowledge, as well as a commitment to the highest ethical standards.

Visit our website for more information about the LIHTC Seminar.

Breakfast & Lunch Sponsorships Available!

Through the Eyes of an Asset Manager October 16 9:00am – 4:00pm $129 Members Five (5) Continuing Education Credits (CECs) Instructor: Leslie Mathis, Owner of Streamline Multifamily Group & Asset Manager for Woodfield Investments

During “Through the Eyes of an Asset Manager” we will take a deep dive into financials, operational strategy, and branding for your property. Each individual will take away tools to implement once back onsite or in their office. The class is geared to managers, aspiring managers, new regionals, and any multifamily professionals looking to enhance their operational skills.

National Apartment Leasing Professional (NALP) Credential Program October 17 | 8:30am - 5:00pm October 18 | 9:00am - 5:00pm October 19 | 9:00am - 3:30pm November 14 | Presentations | 9:00am - 1:30pm $519 Members

professionals skills to help them become top producers. Launch your career by earning your NALP credential!

Visit our website for more information about the NALP Credential Program.

The NALP (National Apartment Leasing Professional) Credential Program curriculum is designed for leasing professionals. They are the first people prospective residents meet, and often their only gauge of the property staff. This course is designed to teach these

Breakfast & Lunch Sponsorships Available!

Certified Apartment Maintenance Technician (CAMT) Credential Program November 5, 2019 | Interior and Exterior Maintenance and Repair November 6 - 7, 2019 | Electrical Maintenance and Repair December 10, 2019 | Heating Systems Maintenance and Repair December 11, 2019 | Air Conditioning Maintenance and Repair January 14, 2020 | Plumbing Maintenance and Repair January 15, 2020 | Appliance Maintenance and Repair January 16, 2020 | Review & Exam $1199 Members* *Modules may also be taken individually for $230/module.

Become a jack-of-all-trades and a Master of Maintenance! This program is designed both as an introduction for new maintenance professionals and as a refresher for the veteran employee, to give these professionals the knowledge and tools necessary to run an effective maintenance program. Maintenance expenses are the single largest controllable element in any operating budget.

Visit our website for more information about the CAMT Credential Program.

the ApartMentor | June-July 2019 13

legal Issue

Legal Issues

More Than Accommodations and Modifications FHA Accessibility Guidelines

By Brownlee Whitlow & Praet, PLLC

When most people think of the Fair Housing Act1 (the “Act”) with respect to handicap, they think about requests for accommodations or modifications, and they look to the Americans with Disabilities Act for design and accessibility requirements. This is not the whole story though. The Fair Housing Act published regulations governing accessibility and design in January 1989, and a Design Manual in 1996.

Issues regarding these accessibility requirements arise from time to time, especially when it comes to changes to common areas of existing facilities, such as swimming pool gate locks.

The following information is a conservative view of compliance requirements under the Act based upon the joint guidance of HUD and the Department of Justice.

What Structures are covered by the Act?

The short answer is: all multifamily communities. The Fair Housing Act has design and construction requirements that apply to covered multifamily dwelling buildings having four or more dwelling units built for first occupancy after March 13, 1991. This is significant because the Act affects all areas of your communities, not just those where you allow the public!

In buildings with four or more dwelling units and at least one elevator, all dwelling units and all public and common use areas are subject to the Act’s design and construction requirements. In buildings with four or more dwelling units and no elevator, all ground floor units and public and common use areas are subject to the Act’s design and construction requirements.

What does the Act require with respect to accessibility?

• The public and common use areas must be readily accessible to and usable by persons with disabilities; • All doors designed to allow passage into and within all premises of covered dwellings must be sufficiently wide to allow passage by persons with disabilities, including persons who use wheelchairs; • All premises within covered dwellings must contain the following features: o An accessible route into and through the dwelling unit; o Light switches, electrical outlets, thermo stats, and other environmental controls in accessible locations; o Reinforcements in bathroom walls to allow the later installation of grab bars; o Usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about and use the space.

What is an accessible route?

An accessible route is a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair, and that is also safe for and usable by people with other disabilities. Further, persons with disabilities must be able to enter their dwellings through the same entrance that is used by other persons to enter their dwellings. In addition, routes to the primary entrances of buildings and dwelling units are public and common use areas and must be readily accessible to and usable by people with disabilities. The accessible route to the primary entrance must not place special conditions on persons with disabilities – such as a special key, an attendant, or additional waiting periods that are not imposed on other persons. This does not preclude the use of special locks or security systems at entrances that are used by all persons to enter the building and/or the dwelling units, and which are used by all residents and members of the public visiting the development; however, such locks and security systems must be accessible.

or gate accessing the pool must meet the Act’s design and construction requirements and the deck around the pool must be on an accessible route. If toilet rooms, showers, lockers or other amenities are provided at the pool, these also must be accessible and meet the requirements for accessible public and common use areas.

How many entrances must be accessible?

Generally, only one entrance must be accessible, but the primary entry to dwelling units that have individual exterior entrances or the primary entry to a building containing covered dwelling units must be accessible. Additional entrances to a building or to a dwelling also must be accessible if they are public and common use areas, i.e., if they are designed for and used by the public or residents. Note that you should not design and construct a multifamily building or dwelling unit in such a manner that persons with disabilities must use a different entrance than the entrance used by persons without disabilities.

What if we get sued under the Fair Housing Act?

Lawsuits brought pursuant to the Fair Housing Act may seek injunctive relief including retrofitting of the property so that the covered dwelling units and public and common use areas meet the Act’s requirements, training, education, reporting, future compliance with the Act’s requirement, surveying and inspecting retrofits, monetary damages for aggrieved persons, and, in cases brought by the federal government, civil penalties.

Unfortunately, this is not the end of the story though. Further complaints regarding accessibility can arise for some communities depending on who they allow access to and how they are/were funded in relation to requirements under Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (1990), the Architectural Barriers Act (1968), and state or local laws. These sections are beyond the scope of this article though.

Are rental offices and other public and common use areas required to be accessible under the Fair Housing Act?

Rental offices and other public and common use areas must be accessible if they serve multifamily dwelling units that are subject to the design and construction requirements of the Act. What about pools?

A swimming pool must be located on an accessible pedestrian route that extends to the pool edge, but the Act does not require that the pool be equipped with special features to offer greater access into the pool than is provided for persons without disabilities. In addition, a door

Are garbage dumpsters required to comply with the Act’s design and construction requirements?

Garbage dumpsters are public and common use spaces and must be located on accessible pedestrian routes.

What if a state or local building code requires greater accessibility than the Fair Housing Act?

The Fair Housing Act does not reduce the requirements of state or local codes that require greater accessibility than the Act. Thus, the state or local building code’s greater accessibility must be provided. However, if a state or local code requires, or is interpreted or applied in a manner that requires, less accessibility than the Act, the Act’s requirements must nonetheless be followed.

This article is not intended as legal advice and should not be relied upon as such. You should seek advice from your attorney as to your specific issues.

Portions of this article have been drawn in part or whole from the HUD and DOJ Joint Statement of April 30, 2013-Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act.

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es

Triangle

Trends to Watch

Multi-family 1Q19 Market Indicators All Asset Classes Inventory (units) Occupancy

1Q19

1Q18

161,953

157,091

94.7%

94.0%

The Triangle’s apartment market fundamentals are expected to remain healthy throughout 2019. One of the key drivers of multi-family demand is population growth, and the Triangle provides some of the highest population growth numbers in the country. Population growth in the Triangle is primarily driven by strong employment opportunities, livable and affordable communities, quality of life and education.

Raleigh’s population is forecasted to increase by 72% over the next 25 years.

Rent Growth

Opportunity Zones

Class A rent growth will rebound and the gap between asset classes will narrow.

The Opportunity Zone program appears to be attracting significant amounts of capital, particularly in the multi-family sector.

Net Absorption (trailing 12 months)

5,514

3,940

Deliveries (trailing 12 months)

4,862

5,066

Avg. Effective Rate (per unit)

$1,118

$1,066

3.9%

2.1%

Renter Retention

Population Growth

3.0%

Despite heavy delivery totals and a healthy job market, the Triangle should experience record renter retention in 2019.

Approximately 97 people a day move to the Triangle region of North Carolina.

Effective Rent Growth Concession Rate (% of asking rent)

3.3%

Class A Market

4.0% YOY Class A Rent Growth

$1.52 Average Class A Effective Rent PSF

4.5% Average Class A Concession Rate

Data provided by

For more information about Avison Young’s multi-family services,

919.785.3434

The information contained herein was obtained from sources believed reliable; however, Avison Young makes no guarantees, warranties, or representations as to the completeness or accuracy thereof. The presentation of this property is submitted subject to errors, omissions, changes of price or conditions prior to sale or lease, or withdrawal without notice.

the ApartMentor | June-July 2019 15

Government Affairs

Representative Allison Dahle

Representative Larry Yarbourough

AANC Lobby Day Recap On Wednesday, May 22, more than sixty TAA members made the trip to the North Carolina General Assembly for AANC’s Lobby Day, which is held in concert with AANC’s Education and Legislative Conference. The conference has grown over the years and now includes speakers, networking, and a number of educational events on topics ranging from legal issues to marketing and everything in between.

Lobby Day occurs at the conclusion of the conference and offers an opportunity for association members from across the state to visit the North Carolina General Assembly and lobby on legislation affecting the multifamily industry.

This year’s group at Lobby Day included the largest group ever from TAA, and represented more than half the total par-

Representative Yvone Lewis Holley

ticipants in Lobby Day for the entire state.

Thanks to the robust participation, ten groups were formed and nearly fifty meetings were scheduled covering not only all the members of the House and Senate from the Triangle, but also a number of members from unaffiliated areas of the state that TAA helped to cover. By the end of the morning, every single House and Senate office in the state had received a visit, marking the first time that AANC was able to claim one hundred percent coverage for the state!

The legislative agenda for this year included several bills including HB 796 Emotional Support Animals – Rental Units, HB 880 Landlord Tenant Changes, SB 507 Private Process Servers, and SB 316 Affordable Housing. The first three

Senator Dan Blue the ApartMentor | June-July 2019 16

represent AANC’s agenda for the year and SB 316 represents a late addition after TAA pushed to add the bill to the state agenda. If approved, the bills would collectively result in changes to landlord tenant law as it pertains to emotional support animals, deceased tenants, criminal screening, debt collection, and eviction procedures. HB 796 and HB 880 have already passed the House, and SB 316 has made it through the Senate. Stay tuned for more opportunities to get involved as the General Assembly works toward the end of session. In the meantime, for additional information on each of these bills, check out www.aanconline.org/news/ legislative-updates, or email TAA’s Government Affairs Director Dustin Engelken at DEngelken@triangleaptassn.org.

Changes Coming for Emotional Support Animals?

By Dustin Engelken, TAA’s Government Affairs Director Last year, a legislative survey was circulated to TAA Membership seeking out their top legislative priorities. The overwhelming response to that survey indicated that Emotional Support Animals (ESAs) were the biggest problem facing membership and the top priority for new legislation.

Anecdotal reports from the last year support the results of that survey as ESAs have continued to be a hot topic at Government Affairs Committee Meetings, PAC Events, and continuing education classes such as Fair Housing, Lease Review, and Legal Issues. In response to these queries, TAA has worked with partners at AANC and across the state to develop comprehensive legislation that will seek to address the problems presented by ESAs. However, before we jump into the proposed remedies, it’s important to look at what the problem is first.

In the last couple of years, landlords have received a flood of reasonable accommodation requests for assistance animals.

Requests for accommodation come in many forms, such as an exception to community rules that prohibit animals in no-pet buildings or prohibitions on breed restrictions, as well as rules requiring a resident to pay additional fees or deposits for a pet. These accommodation requests negatively affect the ability for properties to assess pet deposits and fees, and to apply rules and policies to a resident’s animal making properties less safe for residents and staff, and less profitable for owners. Additionally, they expose properties to possible fair housing complaints.

Unfortunately, many apartment-dwellers have taken note of the loopholes available from a lack of clarity in federal law.

Additionally, a cottage industry of online outlets have developed that will produce the verification required by law for a small fee. The law does not give landlords clear guidance on compliance, and many have adopted the position that it is better to accept a questionable request for accommodation than to make the wrong decision and face a housing discrimination complaint.

The National Apartment Association has worked diligently on the issue at the federal level, urging the US Department of Housing and Urban Development to revise its regulations regarding ESAs and exploring other steps to mitigate potential abuse and ensure the benefit of a reasonable accommodation applies only to those with a legitimate need. While many around the country have been eagerly awaiting these changes, a number of state legislatures have filled the vacuum with their own new rules. In total, thirty-three states have adopted new laws of all sorts to try and address this issue. As TAA and AANC began to look at developing proposed legislation

“

The overwhelming response to that survey indicated that Emotional Support Animals (ESAs) were the biggest problem facing membership and the top priority for new legislation.

”

for North Carolina, these thirty-three states offered a full spectrum of potential solutions, but in the end, the decision was made to produce draft legislation based off a law now on the books in Indiana, a law which is considered by many to be the toughest in the country to address ESA abuse. That legislation, House Bill 796 (HB 796) was introduced earlier this year and has already passed the North Carolina House of Representatives, and now awaits action in the Senate before it will take effect. While it is too early to begin changing your policies, we wanted to offer a brief summary of the proposed changes included in the bill.

the ApartMentor | June-July 2019 17

HB 796 covers several key areas in an attempt to curtail abuse of pet policies by residents. First, the bill defines an ESA as a companion animal that a health service provider has determined provides a benefit for a person with a disability. The provider must be licensed in North Carolina and is defined as a physician, nurse practitioner, physician assistant, psychiatrist, psychologist or clinical social worker. Second, the legislation confirms the tenant’s right to housing cannot be infringed upon because of their disability, or their use of an ESA, but also allows the landlord to require and verify documentation that confirms the individual has a disability which necessitates the use of an ESA. Third, individuals or entities such as third-party websites providing documentation for an ESA for a fee are expressly prohibited. The bill also makes it a Class 2 misdemeanor for anyone who misrepresents their need for an ESA or for any health service provider who provides false documentation, which could result in fines of up to $1,000 and 60 days in jail.

Finally, the bill confirms that a tenant with an ESA must comply with the terms of their rental agreement, pay for the costs of repairs that result from the ESA, and may be subject to an ESA lease addendum.

The rules outlined in HB 796 would make North Carolina one of the leaders on this issue and could serve as source material for other states and perhaps even the federal government as they explore their own solutions to this pressing issue. It is an exciting time to be working on this issue, and we are hopeful that this legislation will pass the Senate and become law in the next several months. In the meantime, please keep an eye out for email updates and calls to action. It will take help from everyone to make sure we get this legislation across the finish line!

BROWNLEE WHITLOW

&

PRAET, PLLC IS EXCITED TO ANNOUNCE THAT

CHRIS LOEBS A CK HAS JOINED OUR FIRM AS AN 'OF COUNSEL' ATTORNEY. As he has done in his time with Caudle & Spears, Chris will provide counsel and litigation representation to the North Carolina residential property management community.

Loebsack & Brownlee and Brownlee Whitlow & Praet, PLLC will each continue to provide the same services to the residential property management community as they have in the past, and Chris will still maintain his current position as Managing Principal of Loebsack & Brownlee.

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the ApartMentor | June-July 2019 18

Beat the heat this summer and join us for a fun networking event...

Tuesday, July 9th Wild Wing Cafe - Brier Creek 6:00pm - 8:30pm TAA Members Only | Free to Attend Join us for one of our most popular events, and the first one this year! After Work Networking is open to all TAA Members and provides an easy way to network after hours. With appetizers being provided throughout the evening, the only cost to you is for individually purchased food and beverage. Come out and enjoy a relaxing evening with friends and colleagues!

See you there!

Backpack to School Drive Not every student gets to start the new school year with a fresh set of materials.

Help us help set them up for success with a PACKed backpack of supplies!

Stuff a new backpack full of unused school supplies and bring your PACKed backpack donation to our After Work Networking event.

July 9, 2019 | 6pm - 8:30pm Wild Wing Cafe | Brier Creek

TAA's PR Committee is coordinating donating our PACKed backpacks to various programs across the Triangle.

For a full list of recipients and suggested items to donate, visit our website. the ApartMentor | June-July 2019 19

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the ApartMentor | June-July 2019 20

Booked 8:00 AM ~ 5:00 PM Booked 9:00 AM ~ 6:00 PM

Looking for a New Vendor?

TAA can help with that!

Search our Supplier Directory by ...

01 02 03 04

Keyword Area of Expertise Member Type Special Offer

Log in

FOR FULL ACCESS

Members Use Members.

to our online directory*

www.TriangleAptAssn.org/members

*Suppliers are visible publicly, you must login to view Owner/Operators.

Suppliers Suppliers

Owner/Operators Owner/Operators

Looking for a list of properties by a specific management company or for the staff of the property you're going to visit?

Looking for a new supplier or vendor for your next project or purchase?

Login to our website and use our Member Directory!

Use the "Filters" tool to sort down

by Member Type and the "Quick Search" tool to search by name.

Login to our website and use our Member Directory!

Use the "Filters" tool to sort by Areas of Expertise and the "Quick Search" tool to search by keyword.

Once in their profile, you can see "Contacts" & "Related Members".

the ApartMentor | June-July 2019 21

TAA Leadership Opportunities: Call for Applications TAA has multiple opportunities for members to volunteer and become involved in a meaningful way. There are three Boards of Directors putting out the call for applications: the TAA Board, the TAA Education Foundation Board, and the New Lease on Life Transitional Housing Board. Please review the criteria for each, and if interested submit your application for consideration on the Board that most aligns with your experience and passion.

Visit TAA’s website to submit your form online. The completed forms will be provided to each Board’s Nominating Committee, who will follow up with each individual to gain further insight as to their interest in serving. www.triangleaptassn.org/blog/2019-bod-call-to-serve

New Lease on Life (NLOL)

The task of the leader is to get his (her) people from where they are to where they have not been.

FE LI

“

The deadline for submissions is Wednesday, July 31, 2019.

A New Lease on Life (NLOL) is TAA’s 501c3 organization, designed to help those who are experiencing homelessness get back on their feet through stable housing. We bridge housing opportunities with local non-profit agencies and provide an available apartment home at a reduced rate with gradual quarterly increases over a 12-24 month period.

The NLOL has an 11-member Board of Directors, and currently will be filling three (3) open seats for 2020-2021, which is a 2-year term. The Board meets bi-monthly, on the 3rd Tuesday, from 3:00-4:30pm at the TAA offices.

– Henry Kissinger

”

The criteria for consideration include:

• Has served in a volunteer capacity either professionally or personally • Commitment to participate in meetings and conference calls on a consistent basis

TAA Board of Directors

TAA’s Leadership Development Committee (formerly the Nominating Committee), is beginning its process of interviewing individuals who have an interest in serving on the TAA Board of Directors, in an effort to formulate a proposed slate of officers and directors for 2020-2021.

The Board is comprised of up to 16 members: 12 representing the owner/operators of the association and four (4) representing the supplier members. There will be 4 open owner/operator and 4 open supplier seats for the 2020-2021 term.

The Association continues to grow and to strategically manage that growth; many goals and objectives lie before the Board of Directors as they carry out their fiduciary responsibilities to the Association.

Included in the Board responsibilities are:

• Adhering to TAA’s Mission Statement

• Continued implementation of strategic initiatives

• Keeping abreast of member interests and needs

• Advocating on behalf of the Association

• Being an ambassador for the Association

• Attending scheduled monthly meetings

• Being an active participant on a TAA committee

• Advancing growth by reaching out to those who desire direction and support

• Professionalism through better education

• Visibility as a strong network of industry representatives

• Has a passion for community service and outreach

TAA Education Foundation (TAAEF) TAA’s Education Foundation (TAAEF) is a 501c3 organization, established to support the development of apartment industry professionals through continuing education of local and national credential and certification programs, provide scholarships for industry education and funding for career-oriented resources benefiting rental housing owners and operators. Since its inception in 2011, the foundation has underwritten 67 scholarships to members towards their professional growth.

TAAEF has an 8-member Board of Directors, and currently will be filling multiple open seats for 2020-2021, which is a 2-year term. The Board typically meets quarterly, on the 3rd Friday of the month at 9am in the TAA offices.

The criteria for consideration include:

• Served in a volunteer leadership capacity either professionally or personally

• Commitment to participate in meetings and conference calls on a consistent basis

• Some fundraising or solicitation experience

• A love for education

the ApartMentor | June-July 2019 22

On Saturday, June 1, there were over 250 people at Sugg Farm at Bass Lake Park in Holly Springs for TAA’s Spring Carnival. The event was a family friendly one – two firsts for the Association, a carnival and a family friendly event! We were thrilled as the weather could not have been more perfect. Thanks to our members and their families/guests who came out for an afternoon of fun.

If the excitement and smiles were any indication of event success, this one will go in the books as awesome!

The carnival included inflatables (bounce houses, obstacle courses and a slide). Inflatable games included a Driving Range, Basketball Challenge and Baseball Challenge. There were also giant yard games, carnival games, Cornhole, a Putting Green, a Photo Area, a Trackless Train and lots of prizes. On top of that, our attendees were able to get their face painted, and take home a balloon sculpture. Food trucks and carts offered hot dogs, pizza cones, funnel cakes and snow cones.

Thanks to our attendees, sponsors and volunteers. We could not have done it without you!

the ApartMentor | June-July 2019 23

Planning Your Day on Property Do you ever have those days where you feel like everything is coming at you from all directions and you feel out of control? Matt Easton, known as “YouTube’s King of Apartment Marketing”, has developed a Leasing Daily Planner to help you more effectively plan your day, accomplish your goals, lease your units, have less stress, and have more fun!

Proper planning before each day gives you the peace of mind of know -ing that you have formulated a feasible plan of action and that your goals are attainable. Writing down your goals and how you’re going to achieve them helps you to be prepared for obstacles because part of the planning process is creating a contingency plan for the unexpected.

When you achieve one or more of the goals you’ve set for yourself, you’ll create a more positive experience by writing down your wins throughout the day.

Halfway through that crazy day when you start to feel like you’ve accomplished nothing and your to-do list keeps getting longer, instead of getting frustrated and feeling defeated, look back at your “Today’s Wins” to help yourself feel accomplished and motivated.

You don’t have to have your “wins” be something as big as signing a lease, getting a renewal, or hiring that new maintenance person. It can be as simple as completing a workout, practicing closing, or completing 10 follow up calls.

Matt typically shares this planner during his Leasing University Bootcamp but is sharing his Daily Planner with Triangle Apartment Association members, FREE! (A $30 value.)

Visit TAA’s website to watch his short “How to Plan Your Day” video and download a printable planner. www.triangleaptassn.org/blog/planning-your-day-on-property the ApartMentor | June-July 2019 24

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www.RediCarpet.com the ApartMentor | June-July 2019 25

June 11

Property Financials Seminar 9:30am – 3:30pm

TAA 101 9:00am – 11:00am

18

Executive/Board of Directors Meeting

19

9

10-13

19-20

12

TAA’s Tour of Cities – Durham 9:30am – 11:30am The Apartments at Palladian Place

20

TAA-PAC Membership Breakfast 8:30am – 10:00am

July

4-5

TAA Closed July 4th Holiday

After Work Networking & Backpack to School Drive Wild Wing Café, Brier Creek

CAPS Credential Program 9:00am – 5:00pm (Wed-Fri) 9:00am – 3:00pm (Sat)

CPO 8:30am – 5:00pm

All classes are in the TAA/Response Team 1 Education Center unless otherwise noted.

Please visit the TAA Website at www.TriangleAptAssn.org for a complete list of Courses, Events & Committee Meeting dates and times.

Advertiser’s Index

PAGE

Apartment Association of North Carolina ___ 10

Loebsack & Brownlee, PLLC ________________2

Brownlee Whitlow & Praet, PLLC __________ 18

Redi Carpet, Inc. ________________________ 25

Economy Exterminators___________________ 10

Tidal Electrical Services, Inc._________________5

Full House Marketing_____________________ 20 Advertising space available! Contact Meg Palumbo for availability and pricing at mpalumbo@triangleaptassn.org or 919.782.1165 ext 1.

the ApartMentor | June-July 2019 26

2019

August

13

Property Financials for Assistant Managers 9:30am – 3:30pm

27

Executive/Board of Directors Meeting

SAVE the DATES TAAEF’s Take 5 Reverse Trade Show September 5

Golf Tournament September 27

Day of Service October 10

35th Anniversary Celebration November 1

In honor of our 35th Anniversary, let's take a walk down memory lane!

2008 Triumph Awards Submit your photos to taa@triangleaptassn.org to be used later this year at our 35th Anniversary Celebration event!

Golf Tournament - Year Unknown

the ApartMentor | June-July 2019 27

7920 ACC Blvd, Suite 220 Raleigh, NC 27617

Save the date

TAA's 35th Anniversary Celebration At the Newly Renovated Embassy Suites by Hilton Raleigh Durham Research Triangle

November 1st, 2019