the ApartMentor 2021 | Issue 3 1
BROWNLEE WHITLOW & PRAET PROPERTY SOLUTIONS LAW
About Us Brownlee Whitlow & Praet, PLLC is a property solutions law firm! We assist property management firms and owners of multifamily communities by providing counseling, training, litigation, and transactional services effectively and efficiently. Multifamily Litigation Environmental Premises Liability Defense Bankruptcy Stay Litigation Lease Drafting, Review and Amendment Affordable Housing Compliance Real Estate Commission Consumer Rights Compliance Fair Housing Defense ADA Defense & Compliance
@BROWNLEEWHITLOWPRAET BWPF-LAW.COM the ApartMentor 2021 | Issue 3 2
NORTH CAROLINA SOUTH CAROLINA GEORGIA
CONTENTS
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 – Friday* 8:30am-5pm *Appointments are highly encouraged as team members will work hybrid schedules between the office and working remotely. TAA Mission Statement The leading resource committed to the advancement of the rental housing industry through advocacy, engagement, and innovation.
4 President’s Pen
16 Legal Issues
6 After Work Networking/ Book Drive 10-11 Upcoming Education
20-21 New Members 22 Calendar of Events
OFFICERS President
Vice President
Treasurer
Secretary
Kelli Lea CAM, NAAEI Faculty Greystar
Craig Nardi CPM, CAPS S.L. Nusbaum Realty Co.
Rob Boggs CAM Bell Partners, Inc.
Berry Craven CAMT Ginkgo Residential, LLC
Past President
@TriangleAptAssn @nctaa
Affiliated with:
April Vasta CAPS, CAM Blue Ridge Companies
DIRECTORS
Heather Arndt CAM The Greens at Tryon
Katy Boone CAPS, CAM Related Management Companies
Colleen Doubek Highmark Residential
Chris Fortune CAS Red Rhino Group
Rachel Garavito Young CAS Inky Advertising LLC
Natalie Hart CAS The Liberty Group
Ashley O’Connor MSW King Properties, Inc.
Danielle Parker CAM The Mews
Franklin Rodriguez CAPS, CAMT Blue Ridge Companies
Akeshia Thomas SERVPRO of N Raleigh, Wake Forest & N Durham
Judy Wade CAPS, CAM TradeMark Property Services, Inc.
Norm Praet General Counsel Brownlee Whitlow & Praet, PLLC
TAA STAFF MEMBERS Josie H. Eatmon, Executive Director jeatmon@triangleaptassn.org Suzanne Pratt, Director of Professional Development spratt@triangleaptassn.org Vicki Franciosi, Meetings & Events Director vfranciosi@triangleaptassn.org Dustin Engelken, Government Affairs Director dengelken@triangleaptassn.org Susan Williams, Finance Director swilliams@triangleaptassn.org Danielle Butler, NLOL/TAAEF Executive Director dbutler@nlol-nc.org Jessica Esposito, Events Coordinator jesposito@triangleaptassn.org
COMMITTEE CO-CHAIRS Education:
Mary Batten Tara Gerberich
Government Affairs: Katy Boone Stephen A. Kenney
IRO:
Steve Deaton Thomas Furlow
Membership:
Chelsea Bell Natalie Cook-Wooters
PR & Community Outreach:
Jessica Lei Akeshia Thomas
Products & Services: Chris Fortune Rachel Garavito Young
Special Events: Sydney Bryan Judy Wade
XCEL:
Heather Arndt Bobby High
This issue of the ApartMentor is designed and published by Moonstone Studio, LLC, proud member of the Triangle Apartment Association.
Total Members: 1,112 Total Units: 150,060 Apartment Communiti es: 669 Suppliers: 220 Management Compani es: 160 IRO: 63
TAA Snapshot as of 8/20/2021 the ApartMentor 2021 | Issue 3 3
President's Pen Happy September! We are officially in the last month of the third quarter of 2021. You may want to read that again. This year has flown by in a way that we didn’t think possible after 2020. In a time that we should be so excited about sending our littles back to school, and the “busy season” slowing down, it seems the anxiety and unknown has crept back in and consumed our everyday. Even outside of Covid and the Delta variant, there are such divides in our world politically, religiously and socially and quite frankly I’m exhausted. We’re all understaffed and working so hard to keep up with the demands of our customers. I’d like to focus on the good that’s come out of 2021 (thus far!) and take the time to thank each of you for sticking with TAA this year! Our Association has been charging forward keeping key initiatives at the forefront, advocating for our landlords, planning events, fundraising and more! I’ll never be able to hit every success we’ve seen year to date, but here is a highlight reel! Thank you to those that attended our first After Work Networking event a few weeks ago at Chuy’s! We saw a great turn out, fist bumps and hugs, and elated members being able to network! Also, we had A TON of books donated for our Public Relations & Community
Outreach Committee’s Summer Book Drive!
relationships. Follow us on social to see the videos and photos!
Committee attendance is up! Although we’re all experiencing some sort of Zoom fatigue, the virtual format has allowed more folks to attend without having to make the drive! This is something that will continue through year end, so if you’ve not joined a committee yet - now is your chance from the comfort of your own office or home.
What would you like to see from us? Please reach out to me directly with anything to help better your business, a question, a concern, you name it. My purpose is to serve our members, so please allow me the opportunity. Stay tuned for a survey in the upcoming months that will dig deeper but send me over anything while it’s on your mind!
Government Affairs has been BUSY and will only get busier in the upcoming months as many municipalities have elections. What does that mean for you? You may have heard of the PAC (Political Action Committee), but do you know what it actually means? It means that contributions made by our members allow us to support local legislators that support the best interest of our industry. It also gives us a leg to stand on and a force to be reckoned with being that we represent 150k plus units in our area! You can donate as little as $1, and we could still use your help achieving our annual goal of $40,000 as we currently sit at $24,258.90. Click here to donate. https://www.triangleaptassn. org/TAAPAC Membership has been highlighting industry relationships through their “This is Us” campaign and it really puts into perspective how close knit we all are - one big family with lasting
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We are BEYOND EXCITED - yes, ALL CAPS REQUIRED to see you guys in person at our Golf Tournament, Trade Show, and end of year celebration event! I’ve missed my family and can’t wait to network and see you soon!! My hope is that each of you remains healthy, both mentally and physically, and safe. We’ll get through this TOGETHER. You’ll also survive writing your budgets — I promise! ;)
Kelli Lea CAM, NAAEI Faculty TAA President Greystar taapresident@triangleaptassn.org
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Thank you to our sponsors, our 2021 Champion Business Partners! TAA held our first After Work Networking event of 2021 on Tuesday, August 10 at Chuy’s in Cary. This is the first time we have been able to hold this event in over a year, so we were beyond excited for our members. We had over 110 guests in attendance, who gathered in two rooms and the entire outdoor patio, all while enjoying a delicious nacho bar with appetizers as they mingled. Thank you to the Special Events Committee for planning this event and volunteering throughout the evening. Attendees were encouraged to bring 1 new or gently used children’s book with them, as a final push for our Summer Book Drive, benefiting the Book Harvest in Durham. We collected another four boxes full of books! Thank you to everyone for your contributions.
1,001 books collected!
This summer, through the months of May-August, the PR & Community Outreach Committee hosted a Summer Book Drive! We collected new and gently used children’s books for the Book Harvest in Durham, who have provided more than 1.3 million books (and counting) to children in NC. The Book Harvest in Durham was so thankful for our contributions, and we could not be more proud of our membership for helping to provide the gift of reading to children in our area.
Thank you to everyone who participated in and supported our Summer Book Drive!
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Thank You Sponsors!
STRATEGIC Brownlee Whitlow & Praet, PLLC Loebsack & Brownlee, PLLC SERVPRO of N Raleigh, Wake Forest & N Durham Tidal Electrical Services, Inc.
PREMIER
TAA Golf Tournament Thursday, September 23 River Ridge Golf Club TAA will host a Golf Tournament on Thursday, September 23 at the River Ridge Golf Club. And thanks to all the excitement surrounding this event, golfers and sponsorships sold out in record time. The day will begin with breakfast then a shotgun start at 9am, include lunch, and wrap up with more networking as well as dessert, cornhole, prizes and trophy presentations. If interested in being added to the waitlist, please contact Vicki Franciosi at vfranciosi@triangleaptassn.org.
Apartments.com BluSky Restoration Contractors, LLC CORT Furniture RentPath, LLC Southern Outdoor Restoration
EXCLUSIVE HOLE 1st Choice Construction Management, LLC ACES Cleaning Service, Inc. Carolina Restoration Services Fincor The Home Depot Pro Redi Carpet Real Floors, Inc. S-Concierge TAA-PAC
PUTTING GREEN Multi Floors
DRIVING RANGE & TEAM RestorePro Reconstruction, Inc.
BEVERAGE CART APR Restoration Full House Marketing
FOOD TRUCK & NETWORKING Identify Yourself Lowe’s Pro Supply
SIGN & TEAM
FOOD TRUCKS Barone Meatball Company Empire Eats Magnificent Concessions the ApartMentor 2021 | Issue 3 7
Apartment Flooring Solutions Automatic Leasing Service, Inc. Camp Construction Services Google Fiber Roofwerks Spectrum Paint
BREAKFAST HD Supply
Connect New Members to TAA: Be an Ambassador What’s an Ambassador? We’re glad you asked! Ambassadors serve as ‘buddies’ to new members and help on-board them into the TAA network. Take this opportunity to become acquainted with your colleagues and help be a part of TAA’s success. In July & August 60 new members joined our Association! We could use your help making them feel welcomed! Owner/Operator, Independent Rental Owner and Associate members are encouraged to participate. This is a great way to share your industry knowledge and build lasting relationships within TAA.
Are there criteria to become an Ambassador?
What’s expected of an Ambassador?
• Be paired with up to 10 non-competing New Members for one (1) year • Make initial contact and self-introduction • Introduce New Member(s) to a minimum of 3 other members at first event • Check in regularly to remind about upcoming events/education • Relay any ideas, suggestions, or concerns to the TAA Staff
• Be a Member in good standing* • Have a minimum of two (2) years of involvement within TAA • Complete participation form and return to TAA • Complete brief training webinar on Ambassador guidelines *Member in good standing means the company has complied with all obligations and is not subject to suspension.
TAA Leadership Opportunity....Call for Applications 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 directors for 2022-2023.
• Leadership experience, in or outside industry (i.e. civic organizations such as non-profits, schools, religious entities) • Ability to prioritize Board and Association goals and objectives as required – (wearing TAA hat versus company hat as and when needed)
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 may be 3-4 open owner/operator and 3 open supplier seats for the 2022 term. The Board meets monthly, on the 4th Tuesday, from 10-11:30am.
Key Desired Qualities:
The Association continues to grow and strategically manage that growth. Many goals and objectives lie before the Board of Directors as they carry out their fiduciary responsibilities to the Association. Below are criteria, key qualities, and responsibilities of those seeking to serve on the Board:
Responsibilities
Required Experience / Criteria
• Active participation on a TAA committee • History of involvement in Association events and/or education
• Dedication and commitment, vision and leadership, stewardship, passion for the mission, punctuality, ability to communicate, knowledge of industry, discretion, and integrity • Adhering to TAA’s Mission Statement • Continued implementation of strategic initiatives • Keeping abreast of member interests and needs • Being an ambassador and advocate for the Association • Advancing growth by reaching out to those who desire direction and support Visit the TAA website and click the Board of Directors tab to access the form. The deadline to submit is September 30, 2021.
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TAAEF CAPS & CAM Scholarship Recipients: CAPS Recipient
Congrats to the following individuals who have
Rodney Thomas — Full Scholarship
earned the Certified Apartment Leasing Professional (CALP) credential from the National Apartment Association Education Institute (NAAEI).
Holly Springs Place Dominion Partners Realty, LLC
Keya Echols — Station Nine Apartments Carly Gaylord — Blue Ridge Companies James Hilton — Northstone Apartments Britni Pearse — The Solomon Organization Anthony Saunders — Bell Partners, Inc. Esperanza Ferrero Vela — The Pointe at Crabtree
TRAINING & TALENT DEVELOPMENT
CAM Recipient Reem Shammari — Full Scholarship Haven at Patterson Place Bell Partners, Inc.
INTERIM APARTMENT STAFF QUALITY DIRECT HIRE RECRUITING
SPEEDY LEASE-UPS
MYSTERY SHOP EVALUATION
YOUR PARTNER FOR SUCCESS FULL STAFF • FULL OCCUPANCY • FULL INCOME
You do it well, and there are times you need a partner who can bring a different perspective, fresh ideas, extra team talent or project focus. We supply the extras when you need it, from simple staffing or pick-our-brains sessions to complex contracted projects. WE’RE YOUR PARTNER FOR SUCCESS. FullHouseMarketing.com
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education classes Certified Apartment Manager (CAM) Credential Program September 9, 15, 16, 23, 28* October 7, 13, 14 9:00 AM – 5:00 PM $1,219 TAA Member Fee Contact TAA Director of Professional Development Suzanne Pratt
The CAM (Certified Apartment Manager) Credential Program curriculum is designed to enhance the skills of the on-site property management professional and provides the highest standard of training, which can result in improved resident retention, increased employee productivity, and a better managed and more profitable asset.
*The Property Financials seminar on September 28, 2021, is included in the CAM Program.
Certified Apartment Supplier (CAS) Credential Program September 9, 15, 23, 28* October 14 9:00am – 5:00am $699 TAA Member Fee Contact TAA Director of Professional Development Suzanne Pratt
The CAS (Certified Apartment Supplier) program is ideal for new salespeople as well as veterans of the industry. Suppliers are important liaisons to the multifamily housing industry. This program is designed as an opportunity for suppliers to learn, gain knowledge and become more confident in how to better service their multifamily housing clients.
*The Property Financials seminar on September 28, 2021, is included in the CAS Program.
Legal Issues September 30, 2021 9:00 AM – 5:00 PM $209 Members 6 CECs Facilitator: Todd Whitlow, NAAEI Faculty, Brownlee Whitlow & Praet, PLLC
Join us for this informative session 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. Get up to speed on property management legislative changes with an industry expert lawyer!
Creating a Magical Experience October 20, 2021 9:00 AM – 12:00 PM $109 Members 3 CECs Facilitator: Larry Berry, Wizardry Enterprises, LLC
One company is known for exceptional service, and if you have ever visited one of the Disney theme parks or resorts you know what I’m talking about. This interactive workshop was created and designed to cover several key areas that are critical to improving NOI. It is a combination of both property management knowledge and experience and asking yourself, what would Disney do? the ApartMentor 2021 | Issue 3 10
NAA Lease Review This interactive session will cover changes/updates made to the NAA Lease and Addenda specific to the laws of the State of North Carolina. In addition, we will take a deep dive into the rights and obligations provided by the NAA Lease. We will walk through several interactive hypothetical situations beginning with the application process through the end of the lease.
October 27, 2021 9:00 AM – 4:30 PM $189 Members 6 CECs Facilitator: Todd Whitlow, NAAEI Faculty, Brownlee Whitlow & Praet, PLLC
Walk through the NAA Lease and Addenda step-by-step with an industry expert lawyer!
Legal Issues Join us for this informative session 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. Get up to speed on property management legislative changes with an industry expert lawyer!
October 29, 2021 9:00 AM – 5:00 PM $209 Members 6 CECs Facilitator: Todd Whitlow, NAAEI Faculty, Brownlee Whitlow & Praet, PLLC
The Fair Housing Gameshow to prove that theory wrong! We will go on a journey from the history of anti-discrimination legislation through the anticipated changes of tomorrow.
November 9, 2021 9:00 AM – 12:00 PM $99 Members 3 CECs Facilitator: Wesley Aleshire, Training & Design Consultant at Aleshire Consulting
With a Unique Gameshow Approach! This is the most energetic type of live session you will ever attend. The entire session comprises of a series of interactive game shows that will make you feel like the next contestant of a live TV show. We will play through a series of games keeping the entire room engaged and involved as we compete for first place in the series of games.
If you have ever attended a Fair Housing seminar that gave you the impression that it was a boring topic, I’m prepared
Leasing 101 November 16, 2021 9:00 AM – 4:30 PM $199 Members 6 CECs Facilitator: Rebecca Rosario, CAM, NALP, NAAEI Faculty, Full House Marketing
This full-day workshop is ideal for team members who are new to the apartment industry and need industry training, as well as managers, assistant managers, and leasing veterans who want to brush up on their leasing/sales skills.
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the triangle apartment association’s 2021 trade show
WEDNESDAY, NOVEMBER 3
nc state fairgrounds jim graham building 4:00 pm – 8:30 pm 2021 Features NEW Floor Plan | Extended Hours Information Booth in the Lobby
owner/operator members: early bird price: $25 effective october 1: $35 registration closes on wednesday, october 27 If you are not able to pre-register, you will be able to register at the show as a Walk-In. The cost for Walk-In Registration is $55 for TAA Owner/Operator Members and $65 for Owner/Operator Non-Members. Trade Show attendance is limited strictly to Owner/Operators and exhibiting Supplier member companies. As this is a business show, TAA kindly requests that children not be brought to the show.
REGISTER ONLINE AT WWW.TRIANGLEAPTASSN.ORG the ApartMentor 2021 | Issue 3 12
trade show floor plan
Food 351/353/35 5
Bar 161/163
Food 241/243/24 5
Food 441/443/44 5
Food 341/343/34 5 Food 319/321/32 3
Battle of the Baskets 119/121/12 3/125
Food 219/221/22 3
Food 419/421/42 3
*Premium booths available as single booths only.
To access the most up to date floor plan, visit www.triangleaptassN.ORG
attention taa suppliers: reserve your booth today!
Bar 462/464
Indicates Premiu m Booth*
TAA 103/105
Owner/Operato Check In
r Informa
tion Desk Exhibito r Check In
2020 Tra de
Show
this year’s trade show promises to be an exciting event that you do not want to miss. the show offers you the best way to reach the largest number of multifamily housing professionals in a relatively short amount of time.
remember: only exhibiting supplier members may attend the trade show so reserve your booth today.
2021
trade show booth prices Must be paid in full by October 25, 2021 Early bird price if full payment received by 9/30/2021
Price with full payment received by 10/25/2021
10’ X 10’ Booth_____________________ $850__________________ $900 1 0’ X 10’ Corner Booth________________ $925__________________ $975 10’ x 10’ Premium Booth_______________ $975_________________ $1,025 10’ x 20’ Booth____________________ $1,275________________ $1,325 10’ x 20’ with a Corner Booth__________ $1,350________________ $1,400
trade show tips & tricks virtual session friday, september 10, 9am – 10am Exhibitors: Register and join us. Learn important details to help you have the most successful show possible. Not all shows are alike and ours is definitely different than others so even if you consider yourself to be a pro, come learn about the TAA show and some of our changes from previous years. Each participating exhibitor company will receive a $35 credit towards their 2021 show expenses.
FEATURED PANELISTS WILL INCLUDE:
OWNER / OPERATORS
SUPPLIER PARTNERS
Kelli Lea, Greystar TAA 2021 President
Chris Fortune, Red Rhino Group Products & Services Committee Co-Chair & TAA Board Member
Franklin Rodriguez, Blue Ridge Companies TAA Board Member
Rachel Garavito Young, Inky Advertising LLC Products & Services Committee Co-Chair & TAA Board Member
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JOIN THE FIGHT TODAY! SUPPORT TAA-PAC!
There’s never been more at stake for the multifamily housing industry and the Triangle Apartment Association is leading the fight to defend the industry. One of the most important tools we have at our disposal to win this fight is the TAA-PAC, which gives association members the ability to directly support pro-business and pro-growth leaders who understand and care about our issues.
What is TAA-PAC? TAA-PAC is a non-partisan Political Action Committee which advocates on your behalf by supporting political candidates who represent good government and understand the needs and concerns of the multifamily housing industry. It is the best tool we have available to make sure that our industry is at the table and not "on the menu" when important policy decisions are made at the local level. TAA is prohibited from using general account funds such as membership dues or other revenue to contribute to political campaigns. That means TAA-PAC, by pooling the individual contributions of our members, is the only vehicle through which the association and its members may participate in the political process. Any funds collected are disbursed directly to the campaign of a candidate or incumbent member of local elected offices such
as City Councils, County Commissions, and the North Carolina General Assembly.
Why Should I Care? TAA-PAC Gives YOU: • A Seat at the Table. Would you rather be at the table, or on the menu? TAA-PAC is your vehicle to support candidates for local office who are open to the apartment industry's views on issues crucial to your business and the industry at-large. • Credibility. TAA-PAC gives our industry political credibility. It shows that we are willing to support lawmakers who help enact policies that will allow us to keep creating and maintaining quality apartment homes in our communities. • Success. Growing our influence does not happen easily. It is an ongoing and long-term process that only succeeds as more and more of our members participate. Your involvement helps TAA-PAC grow in strength and allows us to get involved in more races and in more communities.
Why does TAA-PAC need my support? Because we are all in this together! The TAA membership collectively represents tens of thousands of employees across more than a thousand member businesses, but despite our huge numbers and outsized impact on the local economy, we have historically relied on a handful of members to contribute. This means a
small number of individuals are carrying the whole load for the entire industry. If every TAA member steps up and makes even a nominal contribution of $5 or $10, the entire industry will benefit!
Make your contribution today in three easy ways: • Online at www.triangleaptassn.org/ TAAPAC • Call 919-782-1165 with your credit or debit card • Mail your check to TAA-PAC, 7920 ACC Blvd., Suite 220 Raleigh, NC 27617 Disclaimer: Contributions to TAA-PAC are not tax-deductible for federal income tax purposes. Contributions to TAA-PAC are for political purposes. All contributions to TAA-PAC are voluntary. You may refuse to contribute without reprisal. The proposed contribution amounts are merely suggestions; you may choose to contribute more or less or not at all. TAA will not favor or disadvantage anyone by reason of the amount contributed or the decision whether to contribute. North Carolina State Law requires political committees to report the name, address, occupation, and name of employer for each individual whose contributions aggregate in excess of $50.00 in a calendar year.
TAA-PAC is proud to be a hole sponsor Visit with us on September 23 to learn more
Thank you to our 2021 TAA-PAC Club Level Members! President’s Club ($1000+) Amy Timocko
Chris Loebsack
Kellie Falk
Berry Craven
Cliff Rogers
Norm Praet
Bonnie Moser
Craig Nardi
Todd Whitlow
Vice President’s Club ($500-$999) Andy Meador
Elizabeth Riley
Rob Boggs
April Vasta
Josie Eatmon
Seth Wolfman
Chris Fortune
Katy Boone
Steve Kenney
Colleen Doubek
Kelli Lea
William MacRae
Curtis Stevens
Paula Kotarakas
Dustin Engelken
Rebecca Kalishek
Senator’s Club ($150-$499) Akeshia Thomas
Heather Arnt
Rachel Garavito Young
Christina Walker
Justin Kempe
Rebecca Rosario Bueno
Daniel Eller
Meagan Watts
Scott Marczewski
Franklin Rodriguez
Pamela Norris
Vicki Franciosi
Representative’s Club ($50-$149) Ashley O’Connor
Kelly Goehl
Natalie Hart
Danielle Butler
Nana Bentsi-Enchill
Stephanie Coble
* alphabetically by first name
at TAA’s 2021 Golf Tournament. about how you can support our work!
Legal Issues
The Property Owners Strike Back a/k/a National Apartment Association, et al. vs. The United States of America
By: Brownlee Whitlow & Praet, PLLC On July 27, 2021, the National Apartment Association and four multifamily community owners from around the country filed a lawsuit in the United States Court of Federal Claims against the United States of America. This action was brought on behalf of all owners of residential rental property in the United States who lost income due to the Center for Disease Control and Prevention’s Order dated September 4, 2020 (“CDC Order”), limiting, or eliminating a property owner’s ability to evict based on the resident’s failure to pay rent. What is the lawsuit about? The Complaint filed by the NAA and other initial plaintiffs against the United States of America alleges that the U.S.A. violated the 5th Amendment by issuing the CDC Order prohibiting property owners from evicting residents, and thus took their property without just compensation. An alternative claim based on “exaction” is included as well alleging that the CDC exceeded its authority by issuing the CDC Order, and thus exacted the property owner’s property and the property owners should be entitled to compensation. This second claim would only be reached if the courts find that the USA did not violate the 5th amendment. Who can and who can’t become a plaintiff in the lawsuit? Any multifamily community or other residential rental property owner who received a CDC declaration pursuant to a CDC Order, and was delayed in evicting a resident and not compensated for all lost rent due to the CDC Order. Generally, for multifamily communities the actual single purpose entity that owns the community such as “1892 Weston, LLC” would be the proper plaintiff, rather than the parent company (such as XYZ Management and Development, LLC) that owns 30% of 1892 Weston, LLC. Accordingly, if you are associated with an owner that holds interest in 30 different entities, each of those entities should be an individual plaintiff. Multifamily communities in the following states are not able to become a plaintiff in the lawsuit because their state had laws that were more restrictive than the CDC Order, in which case the lost rent was attributable to the state law including: California, Delaware, Washington, D.C., Hawaii, Illinois, Maryland,
Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington. North Carolina was originally on this list but was removed right before the suit was filed. If your communities are in one of these states, you would have to seek compensation from the state rather than the federal government. How much can I receive? The short answer of how much you may recover in the suit is the amount you were damaged pursuant to the CDC Order for which you were not otherwise compensated for, less a 20% attorney fees, and less any amounts you advanced for costs of the action. So, you would add all lost rent as a result of receiving CDC Declarations and then deduct any rental assistance funds that you received, and probably some portion of other government funds you received including programs like Economic Injury and Disaster Loans (EIDL) or Paycheck Protection Program Loans (PPP). Also, you may be required to deduct rent from June 2020 when you were not allowed to bring a summary ejectment action in North Carolina, or possibly for periods that the Durham courts were closed to non-payment cases. Anything other than directly offsetting rental assistance funds you may not know how they will work until the suit gets to a damages phase. How much will it costs to be a plaintiff in the lawsuit? Each Plaintiff will pay a proportionate share of the “costs” of the lawsuit based on the total number of plaintiffs. Upon applying to be a plaintiff, each plaintiff entity will provide an initial $1,000.00 deposit that costs will be billed against. The costs include filing fees, courts fees, litigation costs, expert witness fees, and likely litigation management fees necessary due to the expected number of plaintiffs. If at the end of the litigation there are funds left over, they will be disbursed to you, and if the funds are insufficient to cover the costs you will be invoiced further for your proportionate share of the costs based upon the total number of plaintiffs. Attorneys’ fees will not be assessed from the costs. The two law firms assisting in the litigation will receive 20% of the funds awarded. the ApartMentor 2021 | Issue 3 16
What is the current status of the suit? The suit was filed on July 27, 2021, the USA entered an appearance on August 8, 2021, and an initial Status Conference was held on August 9, 2021 directing the Plaintiffs to provide an initial schedule for the lawsuit. What can we expect next and in the future? Cases like this can take well over a year to resolve. It is likely that the case will be bifurcated (split in two). The first portion of the case will be to decide if the U.S.A. violated the 5th Amendment, or exacted the property owners’ property, by issuing the CDC Order prohibiting property owners from evicting residents, thus taking their property without just compensation. If the court finds that the USA violated the 5th Amendment or exacted the property owners’ property it will then look to the second phase, which will be to figure out exactly how damages are calculated and determine the amount of lost rent resulting from CDC Order for the property owners who joined the suit. When do I need to join the suit if I wish to? There is no fixed deadline yet as to when you must submit your application to join the lawsuit, but a deadline will likely be set soon. Due to the potential different nature of the claims against the USA, NAA elected not to file a class action but to represent the individual plaintiffs who sign up for the suit, though this number could reach several thousand. Where can I keep track of the lawsuit development and sign up to be a plaintiff? Our information in this article is only up to date as of our due date which is August 20, 2021. For further information pay attention to emails from NAA or your local NAA affiliate, or you can go to the following website: https://www.naahq.org/CDC-eviction-moratorium-lawsuit. This is not legal advice and should not be relied on as such. You should consult your legal counsel with your specific questions.
Career Fair
On Thursday, August 5, representatives from TAA’s PR & Community Outreach Committee exhibited at the DAV RecruitMilitary Career Fair! This Career Fair is for Veterans from all service branches who are currently job seeking. We had the chance to meet and interact with many amazing candidates! Committee Representatives, Ashley Davoli and Lawrence Spivey were able to inform attendees about our industry, the many different job paths available, and were able to sign candidates up on the spot for our online career center! Want to gain access to this new talent? Post your open positions on the TAA Career Center.
STUDENT HOUSING IN NORTH CAROLINA October 27, 2021
So much in the student housing industry has changed! Join AANC for an engaging panel session discussing North Carolina's future of student housing as we move forward in our new normal.
REBECCA ROSARIO
BRANDON HAMMOND
FULL HOUSE MARKETING
B.HOM STUDENT LIVING
JODY LONGWILL
JENNIFER PITTMAN
BURKELY COMMUNITIES
A VENTURE MANAGEMENT
C
1 CE the ApartMentor 2021 | Issue 3 17
REGISTER TODAY! www.aanconline.org
An Exciting Opportunity to Promote Your Business The Triangle Apartment Association Education Foundation (TAAEF) Proudly Presents:
When: Spring 2022 Time: Morning Where: IN-PERSON
Postponed BUT Stay Tuned!!!
Cost: $1,250 per vendor/supplier company (includes 2 company representatives)
$150 for one extra company representative (limited to 3 total company representatives)
This event is an opportunity for vendors to meet one-onone with owner-management company executives who can make a buying decision. In other words, it’s networking and speed-dating with the apartment industry execs!
log in to your TAA account before registration goes live. We will not be accepting any pre-registrations for this event. Participants are accepted on a first-come and firstserved basis.
Seating is limited for this popular event and fundraiser! Registration will go live as soon as the venue is confirmed. Online Registrations Only! To stop any delays in registering,
Proceeds to benefit the Triangle Apartment Association Education Foundation (TAAEF).
Huge thanks to TAA’s Education Committee for facilitating the August 50/50 raffle to benefit THE TAA Education Foundation. 330 tickets were sold at $5 each. $1,650 was raised in total. TAAEF President Todd Whitlow was the winner. Continuing his generous nature, he donated back a portion of his winnings. A total of $1,200 was raised for TAAEF.
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THIS.IS.US. Members Doing Business with Members ICYMI: Check these out In June, TAA’s Membership Committee launched its initiative to promote the professional partnerships members can form due to their involvement with the Association. The goal of “This Is Us” is to highlight the benefits of doing business between owner/ operator and supplier members. The stories are posted bi-monthly on the TAA Blog and members share how they met and what business partnerships have formed as a result. We know there are many more to tell. So share your This Is Us story! Submit your story online and we’ll do the rest! Submit here: https://assets.noviams. com/novi-file-uploads/taa/ THIS_IS_US/2021_NEW_ BLANK_TIU_Form.pdf #ThisIsUsNCTAA #NCTAA
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New Members APARTMENT COMMUNITIES Alta Wren 3000 Orchid Street Cary, NC 27519 Contact: Carlie Salemme carlie.salamme@woodpartners.com (984)241-9180 Units: 250 Atlas Durham 614 Rigsbee Avenue Durham, NC 27701 Contact: Ashlea Roberson aroberson@bellpartnersinc.com Units: 171 Blue Hill Apartments 700 Glenwood Ave Raleigh, NC 27605 Contact: Valerie Stover bluehill@trademarkresidential.com (919)835-7835 Units: 48 Magnolia South 5201 Old Adams Road Holly Springs, NC 27540 Contact: Shauntay Johnson sjohnson@bellpartnersinc.com (919)726-4621 Units: 168 Renew Durham 3554 Weymouth Street Durham, NC 27707 Contact: Adriana Parvanova aparvanova@trinity-pm.com (240)461-4443 Units: 240 The Hartley at Blue Hill 625 South Elliott Road Chapel Hill, NC 27517 Contact: Matthew Robles mrobles2@bellpartnersinc.com (919)346-6640 Units: 106
Westwood Park Apartments 600 Glendon Way Cary, NC 27519 Contact: Courtney Poole westwoodpark@wellingtonadvisors.com (984)333-0223 Units: 72
ML Property Group 2200 Century Parkway Northeast Suite 700 Atlanta, GA 30345 Contact: Sabra Atkins satkins@mlpropgroup.com (404)937-3307
Williamsburg Manor Apartments 1248 Donaldson Drive Cary, NC 27511 Contact: Susan Rogers SRogers@samapartments.com (919)467-1843 Units: 183
Roscoe Properties, Inc.(RPM) 5508 Parkcrest Drive Suite 320 Austin, TX 78731 Contact: Shanlyn Addison shanlyn.addison@rpmliving.com (512)480-9886
Willow Creek Apartments 6615 The Lakes Drive Raleigh, NC 27609 Contact: Cynthia Gore Cynthia.Gore@bridgepm.com (984)365-7063 Units: 609
Underdue Realty Group, LLC 2500 Regency Parkway Cary, NC 27518 Contact: Nikkia Underdue pm@underduerealtygroup.com (919)438-2596
INDEPENDENT RENTAL OWNERS Carolina Mountain Air Properties 102 Gary Road Carrboro, NC 27510 Contact: Jeffrey Calcaterra cmaprop@gmail.com (919)491-6521 Units: 2 DAVM Organization, LLC PO box 872 Wake Forest, NC 27587 Contact: David Mentasti david@davm-org.com (919)648-2882 Units: 100
MANAGEMENT COMPANIES Fortis Property Management 2110 Powers Ferry Road Northwest Atlanta, GA 30342 Contact: Claudia Gonzalez cgonzales@fortispm.com (678)741-2835
The Proper 403 Wolf Creek Circle Raleigh, NC 27606 Contact: Ashley Coiner thepropermgr@greystar.com (919)824-1007 Units: 384
High 5 Residential 2802 Bransford Ave Nashville, TN 37204 Contact: Shelley James shelley@high5residential.com (615)846-9955
Villages at Old Towne Coming Soon Raleigh, NC Contact: Whitney Bruce wbruce@druckerandfalk.com Units: 360
Meridian Management Group (MMG) 7742 Spalding Dr. #133 Norcross, GA 30092 Contact: Katie Joyal Katie@mmgmgt.com (404)244-6400 the ApartMentor 2021 | Issue 3 20
Wood Residential Services 3715 Northside Parkway Northwest Suite 4-600 Atlanta, GA 30327 Contact: Misti McElwee misti.m@woodpartners.com 919-791-8226
SUPPLIERS AdvantaClean Environmental of Cary/Apex 476 Shotwell RD STE 102-145 Clayton, NC 27520 Contact: Artem Lopatchenko artem.lopatchenko@advantaclean.com (203)512-3212 Air Duct/Chimney/Fireplace Cleaning Services;Bio Hazard/Viral/Pathogen Disinfecting & Cleaning;Mold Remediation Contractors;Odor Control Covenant Roofing and Construction 2300 Gresham Lake Rd. Ste 113 Raleigh, NC 27615 Contact: Stephany Connelly stephany@covenantholdings.com (919)827-5355 Roofing Dryer Vent Wizard of Raleigh, Cary, Durham 8601 Six Forks Road Suite 400 Raleigh, NC 27615 Contact: Matthew Sarkela matthews@dryerventwizardnc.com (919)396-3874 Dryer Vent Cleaning/Inspections
Filters Direct USA 5485 Raynor Rd Garner, NC 27529 Contact: Mark McNally info@filtersdirectusa.com (919)848-9239 Air Duct/Chimney/Fireplace Cleaning Services;General Supplies;HVAC Contractors Highland Construction and Restoration 1805 Garner Station Boulevard Raleigh, NC 27603 Contact: Chad Carte chad.carte@teamhighland.com (919)309-5355 Emergency Service/Restoration Contractors;Flooring Contractors & Carpet/Vinyl Installation;General Contractors;Mold Remediation Contractors
Identify Yourself 120 Roslyn Hills Drive Holly Springs, NC 27540 Contact: Alex LeFevre alex@idyourself.com (919)307-7512x242 Advertising
S-Concierge 9105 Reedybrook Crossing Apex, NC 27523 Contact: Hayatt Ziboukh hayatt@sconcierge.com (251)888-3830 Telecommunications and Cable Services
JDS Consulting Services PLLC 8600 Jersey Ct., Suite D Raleigh, NC 27617 Contact: James Frydlo Jfrydlo@JDSconsulting.net (919)480-1075 Building & Construction Supplies;Consultation Services;Emergency Service/Restoration Contractors;General Contractors;Pool Service: Repairs & Supplies;Renovation & Capital Improvement Contractors
Zumper 2807 Falls River Avenue Raleigh, NC 27614 Contact: Hope Joyner hope.joyner@zumper.com (919)280-8993 Advertising;Market Research & Surveys
Save the Date! A New Lease on Life (NLOL) is hosting our 3rd annual fundraising race, Leaves to Leases. Where: WakeMed Soccer Park, Cary NC In-Person Race – Saturday, November 13, 2021 Virtual Races – November 6 to November 13, 2021 Registration is currently live at: https://www.leavestoleases.com/ Registration Fee: Fun Run - $15 | 5K - $30 | 8K - $35
Part of every 5K & 8K registration supports A New Lease on Life. T-shirt Sponsorships available: Marathoner Sponsor | $1000 | Includes (1) Large logo included on t-shirt, (2) Recognition on TAA website, race website, and Facebook as sponsor, and (3) 2 t-shirts Sprinter Sponsor | $500 | Includes (1) Small logo included on t-shirt, (2) Recognition on TAA website, race website, and Facebook as sponsor, and (3) 1 t-shirt Pacesetter Sponsor | $250 | Includes (1) Name included on t-shirt (no logo), (2) Recognition on TAA website, race website, and Facebook as sponsor, and (3) 1 t-shirt
Proceeds to benefit A New Lease on Life (NLOL). A New Lease on Life (NLOL), a 501(c)(3) organization, is designed to help those who are experiencing homelessness get back on their feet through stable housing. We bridge housing opportunities with ocal non-profit agencies and provide an available apartment home at a reduced rate with gradual quarterly increases over a 12-24 month period.
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2021
September
6
9, 15-16 23
TAA Closed, Labor Day
CAM/CAS Credential Program
30
30
Legal Issues
TAA’s Day of Service
CAM/CAS Credential Program
23
Golf Tournament
28
Property Financials for Managers
Please visit our website for the most up-to-date listing of TAA classes, events, and meetings including times, locations, and details.
October
1
7
27
29
Regional Roundtable
NAA Lease Review & Training
CAM/CAS Credential Program
Trade Show
13-14
13
16
After Work Networking
CAM/CAS Credential Program
20
Creating a Magical Experience
Legal Issues
November
3
12
9
The Fair Housing Gameshow
NLOL Leaves to Leases 5K
Leasing 101
Advertiser’s Index
25-26
TAA Office closed, Thanksgiving
PAGE
Apartment Association of North Carolina (AANC)____________________________________________________________17 Brownlee Whitlow & Praet, PLLC___________________________________________________________________________2 Full House Marketing____________________________________________________________________________________9 Loebsack & Brownlee, PLLC______________________________________________________________________________24 Tidal Electrical Services, Inc._______________________________________________________________________________5
Looking for ad space? Contact us for availability and pricing. at taa@triangleaptassn.org. the ApartMentor 2021 | Issue 3 22
Strategic Spotlight
The Brownlee Whitlow & Praet, PLLC attorneys have decades of experience providing counseling, training, litigation, and transactional services to the property managers and owners of multifamily communities. In addition to traditional legal services, we serve the multifamily industry at national, state, and local apartment associations through volunteering at executive, board, and committee seats including assistance with legislative, government affairs, lease, and handbook initiatives. Founded in 2015, we are most known for our dedication to support and progress the multifamily housing industry. Our clients may be surprised to learn that aside from our work in multifamily, we also provide Community Association Management services and Commercial and Investment Real Estate. And, our attorneys also provide instruction and teaching at the local, state, and national apartment association levels as well as providing “in-house” training for our clients on topics including fair housing, lease instruction, legal issues training and many more topics. For our team members, we have quarterly outings, monthly office challenges or activities, and other incentives. And, we use an
employee recognition tool called Nectar, where our team members can recognize each other, and award points to those who embody our core values. We are very proud to give back to our community with the charitable work we do. We are involved with TAA’s New Lease on Life, and we are an annual donor for HopeLine, a local non-profit that focuses on mental health and crisis management.
Mission Statement: Brownlee Whitlow & Praet, PLLC is a property solutions law firm. We assist property management firms and owners of multifamily communities by providing counseling, training, litigation, and transactional services effectively and efficiently. We understand that our job is to make yours easier. Core Values: Driven | Authentic | Team-oriented Service-oriented | Creative
Areas Served: North Carolina, South Carolina, and the Savannah & Atlanta metro areas of Georgia. Hashtags: #propertysolutions #fairhousing #multifamily #realestate #propertymanagement
Want more info? Contact: For legal assistance: Dillon Frawley, Client Intake and Marketing Specialist | client@bwpf-law.com | (919) 863-4305 For all other requests/information: Majela Fonseca, Marketing Director | mfonseca@bwpf-law.com | (919) 518-9370
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7920 ACC Blvd, Suite 220 Raleigh, NC 27617