Fall 2021 Window Magazine by Austin Apartment Association

ON RENTAL HOUSING

FALL 2021

THIS ISSUE:

The

POWER of

AAA 30

PG.

Property of the Year Finalists 26 Professional of the Year Nominees 27 Great Leaders and Bad Bosses 38 Rushing Back to Ourselves 44

T H E O F F I C I A L P U B L I C AT I O N O F T H E

Austin Apartment Association

GOOD FOR YOU GOOD FOR RESIDENTS GOOD FOR AUSTIN Save with Austin Energy rebates

Energy efficiency upgrades increase your property value, reduce work orders and maintenance costs and result in greater comfort and satisfaction for your residents. Typical upgrades include: » Duct sealing and remediation » Attic insulation » Solar window screens » LED high efficiency lighting » Water-saving devices Contact us for your free assessment. 512-482-5346 austinenergy.com/go/multifamily A City of Austin Program, © 2017 Austin Energy

MFR172969WindowsMagFullPgAd0517.indd 1

5/24/17 1:31 PM

PARKING MANAGEMENT WITH CONFIDENCE

AUSTIN’S PREFERRED PRIVATE PROPERTY TOWING SPECIALIST SINCE 2002 When you need help keeping your property organized, you can turn to A&A Wrecker & Recovery with confidence. We’ll help you with your parking management needs quickly and professionally. AVOID BAD TOWS SMART TOWING TECHNOLOGY NOTICES FOR RESIDENTS PARKING PERMITS MADE EASY SELF-SERVICE GUEST REGISTRY VEHICLE RELOCATION SERVICES

Family Owned and Operated Fully Licensed and Insured Vendor Credential Approved

(512) 670-7578 | info@aawreckeraustin.com

www.aawreckeraustin.com

A TRUSTED NAME SINCE 1978 EVERYDAY, WE REDEFINE THE INDUSTRY STANDARD

512.394.1111 // CAMPCONSTRUCTION.COM

CONTENTS FALL 2021 ISSUE

FEATURES

Our 35th Year!

Apex Awards

The Power of AAA

Community Connection

Great Leaders and Bad Bosses

Business Exchange

Association 101

Rushing Back to Ourselves

Doc & Gayle Young Food Drive Make a Difference. Make a Donation.

2021 / FALL /

The Official Publication of the

AUS TIN APA RTMENT ASSOCIATION 8620 Burnet Road #475 Austin, TX 78757 512.323.0990 www.austinaptassoc.com

Communications Committee Chairs Danielle Archuleta (844) 433-3824 Stephanie Naylor (512) 335-8138

Executive Editor Emily Blair, CAE

Managing Editor Hannah Woodyard

Association Staff Emily Blair, CAE, Executive Vice President, emily@austinaptassoc.com Dana Bolz, CMP, Director of Events/Meetings, dana@austinaptassoc.com Paul Cauduro, CAE, Director of Government Relations,

paul@austinaptassoc.com Hannah Woodyard, Digital Marketing Manager hannah@austinaptassoc.com Lisa Sedgwick, Director of Membership Development

lisa@austinaptassoc.com Lynne Williams, Accounting Manager, lynne@austinaptassoc.com Design by Graphic Engine Design Studio

www.GraphicEngine.net

/ W I N D O W O N R E N TA L H O U S I N G

35 IN EV E RY I SSUE 7 Letter from the Editor 8 Leadership 11 Calendar 13 President’s Perspective 14 Market Report

16 Industry Update 18 New Members 20 Committee Chat 48 Law in Order

ADVE RTI SE R I N DE X IFC Austin Energy 1 A&A Wrecker 3 CAMP Construction 9 Charter Furniture 9 Austin Resource Recovery 12 Century HVAC Distrubuting

19 Ameristar Screen and Glass 22 Lowe’s Pro Supply

41 Valet Living 43 ApartmentCleans.com

22 Intersolutions Staffing

51 Ameristar Screen and Glass

33 BG Multifamily

53 Stripe-it-up

37 Home Depot Pro

BC Integrity Paving & Coatings

39 Austin Estate Gate

Window on Rental Housing by the Austin Apartment Association is a quarterly magazine. The advertising and article submission deadline for the WINTER 2021 issue of Window on Rental Housing is November 15, 2021. All material submitted is subject to review and approval of the Austin Apartment Association. The publisher assumes no responsibility for care and return of unsolicited material. The Austin Apartment Association is affiliated with the Texas Apartment Association and the National Apartment Association. For questions concerning advertising, articles or subscriptions, call (512) 323-0990.

all FGOLF CLASSIC LARRY NIEMANN

Beneﬁting Apartment PAC Austin

THURS NOV 11

STAR RANCH GOLF CLUB 2500 FM 685 HUTTO, TX 78634 • 10AM SHOTGUN START

LEARN MORE ABOUT APARTMENT PAC AUSTIN AT AUSTINAPTASSOC.COM/APARTMENT-PAC-AUSTIN

SELLS OUT ANNUALLY / REGISTER EARLY! LUNCH PROVIDED, AWARDS AND CEREMONY TO FOLLOW TOURNAMENT

$150 / PLAYER ($175 AFTER 11/1/21) $600 / 4-PERSON TEAM ($700 AFTER 11/1/21) This event is open to players & sponsors only. No spectators. All players fees include green fees, golf cart, range balls & lunch.

PRIZES! For 1st, 2nd, & 3rd place teams & much more! DRESS CODE enforced by course. Shirts must have collars & sleeves. Slacks or bermuda shorts permitted. No denim.

Special note on payment

No billing for this event. NOW TAKING ONLINE PAYMENTS FOR PAC! This is an AAA Political Action committee fundraiser. Your PAC dollars help AAA keep a strong voice at all levels of government. Payment must be made by personal or partnership credit card or check payable to “AAA PAC” - NO CORPORATE PAYMENTS. Payment must accompany registration. Your AAA account cannot be billed. Payments will be counted as political contributions for local candidates favorable to the rental housing industry. Proceeds from the day beneﬁt the AAA Political Action Committee. Federal law requires political committees to report the name, mailing address, occupation, and name of employer for each individual whose contributions aggregate in excess of $200 in a calendar year.

Photo Release

Austin Apartment Association (AAA) events may be photographed or video recorded. By participating in this event, you consent to your photograph/video recording being used for promotional purposes including but not limited to AAA promotional material, website, and social media.

What They See is What They’ll Get...

Be Seen Reserve Your Space Today

512.323.0900

communications@austinaptassoc.com

THE EDITOR Letter from

NO MATTER THE GOAL YOU SET OUT TO ACHIEVE THIS YEAR, IT WOULD ONLY EVER BEEN ACCOMPLISHED WITH SUPPORT FROM THOSE AROUND YOU.

Emily Blair, CAE

Executive Vice President / Executive Editor

Members, What might have been a goal of yours in 2021? …Was it to climb out of this pandemic and trudge forward? …Was it to grow your team? …Was it to earn that coveted credential you had been seeking? …Maybe even get more involved in AAA!

know 2021 may not be shaping up to be the year we initially expected; but think about how — despite the path before us — much has been accomplished. What has been accomplished has come from the real professional POWER of this industry. Powerful minds have led on-site property managers to adapt to resident and owner demands. Powerful hearts have sustained industry leaders to encourage their teams to keep going and not lose the passion for the industry they love. Powerful hands have rebuilt properties after Winter Storm Uri. The common thread here? Together. No matter the goal you set out to achieve this year, it would only ever been accomplished with support from those around you. That spark of collaboration, grit, strategy, and drive is ever-present in this industry. Just think - you banded together in one of the toughest years for the industry (and let’s face it — the community as a whole) and learned from one another. You harnessed the real power of AAA! Part of the power of AAA is also in the coming together of new members and longstanding members. Those who may be “greener” or freshly starting in the world of property management, and those who have been building a business over many years. In this issue

we feature a spotlight on member companies who have been invested in the Austin Apartment Association for 35 years — 35! Wow! Decades have gone by — and I am sure those companies have seen many peaks and valleys and have overcome numerous challenges both in the overall economy and in their own companies. One key to their success was in leaning on those who have “been there before.” Insight from the lessons learned of others (especially our most seasoned members) can really propel a new or developing company forward. AAA has an outstanding mentorship program for just this purpose — and we look forward to expanding that in 2022! Plug into these programs — if you aren’t sure how to connect with other industry pros — let us help you! Now, let’s all begin setting our sights to celebrating a job well done this year, and really harnessing the power of AAA in 2022. Cheers!

Emily Blair, CAE

2021 / FALL /

2 020 - 2021 E X ECUTIV E COMMIT TEE

2020 - 2021 BOARD OF DIRECTORS Bill Warren, Warren Kalyan Law Firm Cecil Domel, CAM, CAPS, Belco Equities, Inc. Chelsea Kneeland, CAS, J Turner Research Christyan Lepiz, CAM, Presidium Property Management Christy Sanchez, Magic Make Readies Colleen Grahn, Lantower Luxury Living Gus Villegas, Infinite Capital Construction Haydee Scott, BG Multifamily

Stephani Park

Katya Watson

Rene Flores

CAPS

CAM

CAS

Avenue 5

CREA Management

Platinum Pool and Spa

Brooke MahoneyLivesay The Morgan Group

President

President-Elect

Vice President

Vice President at Large

Kelly Blaskowsky, Capstone Real Estate Services Kelsea Vernon, Roscoe Property Management Kimberly Faulkner, Greystar Kris Burleson, CAS, InterSolutions Staffing Meagan Johnston, CAPS, Avenue 5 Michael Garcia, Roscoe Property Management Missy Sterns, CAPS, LDG Development Paige Russell, CREA Management Renee Zahn, CPM, ARM, CAM, NALP, Greystar Ryan Harmon, CAS, CAMP Construction Shay Mickler, The Liberty Group Stephanie Petersen, Bluebonnet Commercial Management LLC

Cecil Domel CAM, CAPS

Lyndsay Hanes

Sandy Eckhardt

CPM

Immediate Past President

Belco Equities, Inc.

Metric Property Management

VP at Large

Secretary/Treasurer

Terri Needham, CAS, PS Landscapes Theresa Ebner, CAM, CAPS, CPM, LDG Development Toni Rackley, Flooring Warehouse Tracy Slappey-Scott, Cardinal Group Management

AA A PAST PRE SIDENTS John Harrison* (64)

Jim Solt* (76)

Carl E. Beck (88)

Frank Montgomery* (65)

Steve Colella (77)

Kim M. McGregor (89)

Bill Roland, CPM, CCIM (00-01) Tami Martin, NALP, CAMT, CAM, CAPS (01-02) Carol Martine, CPM (02-03) Joy Lamb, CPM (03- 04) John Raper (04-05) Debi Wehmeier, CPM (05-06) Renee Clark, CAM, CAPS (06-07) Sherry Perrin (07-08) Jana Ellis (08-09) Kara Garst, CAPS (09-10) Sarah Thompson, CAM, CAPS

Brooke Mahoney-Livesay CAPS (11-12) Sandy Eckhardt (12-13) Colleen Grahn (13-14) Robbie Robinson, CAM, CAPS, ARM (14-15) Gus Villegas (15-16) Theresa Ebner (16-17) Dwayne Stewart (17-18) Renee Zahn, CAM, NALP, ARM, CPM (18-19) Sandy Eckhardt (19-20)

Jim Eichelberger* (66)

Ted Hendricks* (78)

Beth Holt (90)

Andy Wagner* (67)

Hank Guerrero* (79)

David Stapleton, CPM (91)

Ray Littlefield* (68)

Don Tait (80)

Sheri Gallo (92)

George Nalle* (69)

Ray Head (81)

Gina Roberts (93)

Don Jackson (70)

Ed Norton (82)

Carol Martine, CPM (94)

Gene McGregor* (71)

Bob Benson (83)

Keith Warner (95)

Ed Hamel (72)

Jimmy C. Elliott* (84)

Michael R. Hill, CPM* (96)

Barry Gillingwater* (73)

Joe Sharp (85)

Vicki L. Sharp, NALP, CAPS (97)

James Raper (74)

Dick Obenhaus (86)

Kim M. McGregor (98)

Rich Ellmer (75)

Susan Melton (87)

Anna Kelley* (99)

Leadership

Next Gen Committee

Renee Zahn, CPM, ARM, CAM, NALP

Joshua Nichols Ashley Pruden, CAS Tiffany Blankman

Carol Taylor Carrie Thomes Dedra Bouffard, CAM Haydee Scott Josh Nichols Robyn Riley Shannon Minor, CAM, CAS Shay Mickler, CAM, CAS

*indicates deceased

(10-11)

2 020-2021 COMMIT TE E CH AIR PER SONS Austin Supervisors Council

Christine Legg, CAM Meagan Johnston, CAPS Board of Directors, Executive Committee

Stephani Park, CAPS Budget & Finance Committee (NEW)

Katya Watson, CAM Stephanie Petersen, CAM Communications Committee

Danielle Archuleta Stephanie Naylor, CAS

Community Outreach Committee

Eric Leonard Taryn Merrill Toni Rackley Doc & Gayle Young Food Drive Committee

Terri Needham, CAS Paige Russell Taryn Merrill

Cecil Domel, CAM, CAPS Missy Sterns Membership A-Team (Ambassadors)

Education Advisory Council

Carrie Laso, CAM Robyn Riley

Chelsea Kneeland, CAS Gina Frazza-Stowers

Membership M-Team (Mentors)

Education Foundation

Deborah Ray Vogel Kris Burleson, CAS

Brooke Mahoney-Livesay, CAPS

Legislative Committee

/ W I N D O W O N R E N TA L H O U S I N G

Political Action Committee

Theresa Ebner, CAM, CAPS, CPM Gus Villegas Products & Services Council

Rene Flores, CAS, Chair Toni Rackley, Chair-elect Kris Burleson, Vice Chair Ryan Harmon, CAS, Immediate Past Chair PSC Members at Large

Ashley Pruden, CAS

Of Counsel

Bill Warren, Warren Kalyan Law Firm Texas Apartment Association

512-479-6252 National Apartment Association

703-518-6141

Make a Diﬀerence.

Make a Donation.

HACA • RAINBOW ROOM • SAFE FOUNDATION COMMUNITIES & VARIOUS LOCAL FOOD PANTRIES

• Supplying 1,100 Central Texas Families with a Thanksgiving Meal • 100% of all money raised will be donated. • All donors receive recognition in AAAʼs Window magazine.

YOUR DONATION IS TAX DEDUCTIBLE

Your contribution, for which no goods are received, is tax deductible to the extent allowed by law. Donations made with check or credit card, and providing mailing information, will receive tax receipts. AAA cannot bill your company for our community outreach programs.

Donate Online Today!

AUSTINFOODDRIVE.COM

Oct 25-28 Online Auction Oct 28 • 2-8pm Happy Hour & Volleyball Tournament Nov 11 Fall Golf Nov 19 • 12-2pm FB LIVE Bake Sale

DELIVERY DAY

$50,000 GOAL

Benefiting

2021 Events

Nov

The Austin Apartment Association’s annual Doc & Gayle Young Food Drive is a volunteer-driven fundraiser to purchase Thanksgiving foodstuffs for Central Texans in our 11-county jurisdiction. Just one $45 donation gives a family their Thanksgiving food pack this year. 100% of collected funds go toward buying family food packs for needy families and individuals in Austin and surrounding areas.

GET TO KNOW mini m)e, m)e, YOUR MINI MODEL SOLUTION! Easily warm up vacant units with our innovative mini model PROGRAM! ect Perf irtual for v urs to

Now more than ever, multifamily professionals are turning to partners they trust. Charter has been furnishing multifamily for 36 years, we understand your unique challenges and are here to help! ENTRY, KITCHEN & 1 BATH

ENTRY, KITCHEN & 2 BATHS

INCLUDES SHIPPING

475

FurnitureByCharter.com

675

972-385-3204

FILL OUT YOUR RECYCLING PLAN The City of Austin requires multifamily properties to provide recycling to their employees and residents, and to fill out a recycling plan every year starting October 1. Learn more at austintexas.gov/uromultifamily

Calendar of

EVENTS

OCTOBER 2021 DATE EVENT

When “CALM DOWN” doesn’t cut it: How to De-Escalate Conflict and Keep Your Cool

PLACE

TIME

10 Food for Thought: Roof Coatings Virtual

1:00 - 2:00 PM

10 Yes, We Can All Get Along! Unleashing the Diversity Advantage Virtual

12:00 - 1:00 PM 1:00 - 2:00 PM

11 Fall Golf

Star Ranch Golf Club

16 What Fair Housing Means for Maintenance and Resident Relations

AAA

17 The Customer is Always Right...Wrong!

Virtual 1:00 - 2:00 PM

18 So You Want to Be a Manager: Preparing for the Manager Role

AAA

10:00 AM 5:00 PM

11-14 CAM Credential Course

AAA

8:30 AM - 5:00 PM

11-14 CAS Credential Course

AAA

8:30 AM - 5:00 PM

13 Mastering Maintenance: Save Time and Resources by Empowering Residents

Virtual

1:00 - 2:00 PM

14 M-Team Mix & Mingle before ATX Fest

Woodies Tavern

4:00-6:00 PM

14 ATX Fest

Star Hill Ranch 6:00 - 10:00 PM

19 Food for Thought: Pest Control Standards for Multifamily

AAA

12:00 - 1:00 PM

21-27 Maintenance for Managers

AAA

8:30 - 11:30 AM

25-28 Food Drive Online Auction

Virtual

27 Fair Housing

AAA 8:30 AM - 12:00 PM

27 KEYNOTE: How to Stand Up & Lead in a Crisis

Virtual 1:00 PM - 2:00 PM

2 Winter Maintenance Huddle

28 Food Drive Happy Hour / Volleyball Tournament

Moontower 2:00 - 8:00 PM

Time Management and Preventative Maintenance

AAA

8:30 - 11:30 AM

Food for Thought: Everything Property Managers Should Know about Termites

AAA

12:00 - 1:00 PM

Fabulous, Fanatical Follow-Up!

Virtual

DATE EVENT

1–5 CAMT in Spanish

PLACE

AAA

Business Exchange

Virtual

Assistants Wear All the Hats: Managing the Up and Down

AAA

19 Food Drive Facebook Live Bake Sale Virtual 23 Food Drive Delivery Day

8:30 - 11:30 AM

8:30 - 11:30 AM 12:00 - 1:00 PM 7:00 AM - 3:00 PM

DECEMBER 2021

NOVEMBER 2021

shutterstock

AAA

TIME

9:00 AM – 4:30 PM 2:00 - 4:00 PM 8:30 - 11:30 AM

DATE EVENT

10 APEX Awards

PLACE

TIME

The Water Tank 4:00 - 6:00 PM

1:00 - 2:00 PM

Renaissance Austin Hotel 6:00-10:00pm

15 Rock your 2022 with this Marketing and Leasing Power-Round of Ideas Virtual

1:00 - 2:00 PM

2021 / FALL /

WE MAKE IT HAPPEN We have everything you need for HVAC —

ONE CALL DOES IT ALL!

HANDS-ON REPAIRS

Need some HVAC expertise on a system repair? We can help!

PROPERTY REHABS

From budgeting and planning to completing the installs, we do it all!

SINGLE SYSTEM INSTALLS Turn-key, next day installations are available.

HVAC EMERGENCY?

Need a service today? Same-day, emergency services are available.

LICENSED & INSURED

We employ only licensed and insured contractors to preform repairs and installations.

Let us help you with your “labor” installed sales

Call your local rep today! Ask us for details!

Virtual Training

Text Us!

Text your local branch to place orders and check stock

Thousands of Parts & Supplies

We have what you need in stock - get it today!

CEDAR PARK 1700 La Jaita Dr 512.528.9675

Free Same Day Delivery

Same day when placed by 10 am. Call for details!

SOUTH AUSTIN 1711 Frate Barker Ln 512.280.9675

Kelly Vidal 512-749-3263 · Travis Fowler 512-584-3713 Place your order today! 972-792-9675 · Shop Online 24/7 at CenturyHVAC.com

SCAN THE QR CODE TO SEE THE NEW CENTURY

President’s

PERSPECTIVE Stephani Park, CAPS Avenue 5 2020-2021 AAA President

ADAPTABILITY

Notes from a “has been”

s I approach the end of my term as AAA (Austin Apartment Association) President, I’ve searched for a word that could describe the past 12 months. I keep landing on adaptability – which is defined as “the quality of being able to adjust to new conditions” or “the capacity to be modified for a new use or purpose.” As someone that could be considered a veteran of the industry with 30+ years of experience, I often reflect on how much the industry has changed. We have had to learn to adapt to a new way of thinking or conducting business. There are outside factors that contribute to some changes that are beyond our control, and then there are changes that need to be made to continue to move forward. Often change is viewed as negative because the act of doing something different than what we’ve always done makes us uncomfortable. Then we will find ourselves faced with situations that need both experience and new ideas to adjust to the new condition.

The team at AAA has adapted to this new environment to find ways for our members to connect, learn and thrive. We value the connections and relationships of our members and appreciate their willingness to try something new. As we move forward, we must continue to adapt. “I’m thankful for the experiences that I’ve encountered during my role as President, and I look forward to supporting future leaders of the organization!”

Sincerely,

Stephani Park, CAPS

2021 / FALL /

September 2021

Market Line - AUSTIN AUSTIN OVERVIEW Occupancy: Price: Rental Rate: Size:

91.9% 1,516 $/mo 1.73 $/sf/mo 876 sf

Past 12 Months: 20.9% Rental Rate growth 18,587 units absorbed Operating Supply: 1,100 communities 260,623 units Recently Opened (12 mo): 58 communities 15,714 units

The box on the left displays a snapshot of the current market conditions.

Proposed Construction: 120 communities 35,275 units

92.5

1600

The graph on the right displays the overall occupancy and effective rental prices over the past 24 months. These statistics are derived from a continuous survey of all apartment communities. Effective rental prices are calculated net of concessions and utility adjustments. The table below lists the 5 hottest submarkets in the Greater Austin area. There are a total of 11 submarkets, and the ranking is based on the best combination of rental rate growth and absorption over the past 3 months.

Under Construction: 52 communities 14,922 units

History of Effective Price & Occupancy

1500 90.0 1400 87.5 1300

1200

S O N D J F M A M J J A S O N D J F M A M J J A 2019

2020

2021

Price ($/mo)

Occupancy %

The table below distributes and analyzes concessions (specials) by classification. Concessions generally are represented by three types of specials: move-in, months free, or floorplan. ApartmentData.com captures the effect of these specials and prorates them over a lease term to arrive at a percentage reduction in market or street rents.

HOTTEST SUBMARKETS

CONCESSIONS

Over The Past 3 Months

Rank Submarket

Annualized % of Mkt Growth % Absorbed West/ Sunset Valley/ Barton Creek 54.3% 2.7% I-35 South 40.7% 4.0% Pflugerville/ Tech Ridge/ Wells Branch 50.5% 2.9% Cedar Park/ Leander/ Four Points 52.0% 2.4% UT/ Mueller 30.5% 4.5%

Class

1 2 3 4 5

ALL A B C D

Total Units w/ Concessions 29,044 13,202 7,551 3,255 5,036

% of Total Units 11% 17% 9% 7% 11%

Other Texas Markets HOUSTON Occupancy: Price: Rental Rate: Size:

91.7% 1,155 $/mo 1.30 $/sf/mo 887 sf

SAN ANTONIO Occupancy: Price: Rental Rate: Size:

92.7% 1,103 $/mo 1.29 $/sf/mo 856 sf

DALLAS/FT.WORTH Occupancy: Price: Rental Rate: Size:

92.7% 1,332 $/mo 1.52 $/sf/mo 878 sf

Past 12 Months: 10.6% Rental Rate growth 33,451 units absorbed

Past 12 Months: 11.2% Rental Rate growth 10,526 units absorbed

Past 12 Months: 14.2% Rental Rate growth 37.594 units absorbed

Operating Supply: 2,954 communities 696,883 units

Operating Supply: 967 communities 207,709 units

Operating Supply: 3,317 communities 793,825 units

/ W I N D O W O N R E N TA L H O U S I N G

85.0

Citywide Effect -0.7% -1.0% -0.5% -0.4% -0.4%

Average Special -5.5% -6.1% -5.1% -6.1% -3.8%

ApartmentData.com has been providing apartment data and marketing products since 1986. We provide real time access for property specific information, market surveys and historic submarket data for over 3.5 million apartment units in AZ, FL, GA, NC, TN, and TX. Cindi Reed Regional Vice President 512.969.1499

THE

Advocacy Advancement Access Log in to

Renew your membership by December 31st!

RENEW today!

austinaptassoc.com (invoices available November 1st)

ELEVATE Inspiring & Empowering Multifamily

Join us for our new installation event where we will be honoring our future leaders and installing our new President.

JANUARY 20, 2022 800 Congress | Austin, TX

2021 / FALL /

TRYING TO STOP THE PANDEMIC ROLLER-COASTER By Paul Cauduro, AAA Director of Government Relations

Y During this rollercoaster ride, with all of its crazy, twists and turns, the AAA has worked with the TAA and the NAA to advocate for the rental housing industry on a wide range of issues.

ear 2021 has not gone as planned for the rental housing industry. That early promise of a strong, resurgent year has been replaced by rapidly rising COVID cases and hospitalizations, extended eviction moratoriums and slow distribution of rental assistance funds. During this roller-coaster ride, with all of its crazy twists and turns, the Austin Apartment Association (AAA) has worked with the Texas Apartment Association (TAA) and the National Apartment Association (NAA) to advocate for the rental housing industry on a wide-range of issues. However, advocacy has just been part of the actions taken, because coupled with our advocacy efforts are the actions taken in partnership with local, state and federal officials to distribute information to residents, facilitate the submittal of rental assistance applications and maintain a safe living environment at the property. When taken together, both the advocacy and partnership actions demonstrate that association members are committed to its mission of advancing the

expertise and collective community impact of the rental housing industry as well as helping realize its vision that people will thrive where they live. Using advocacy and partnership efforts to keep the apartment industry healthy during the pandemic began

Read about AAA’s current advocacy issues at www.austinaptassoc.com/news/advocacy-in-action

/ W I N D O W O N R E N TA L H O U S I N G

shutterstock

Industry UPDATE

almost right away in mid-March 2020 when rental housing leaders immediately began calling for financial assistance to renters economically impacted by COVID before the situation resulted in delinquencies or eviction. The early advocacy efforts also included calls for relief for student housing providers and carry-back rules to address anticipated year 2020 operating losses. In partnership with residents and local governments, the AAA promulgate new lease forms to waive late rent payment fees and establish rent payment extension schedules. The AAA also created a “Renter Resources” page on its website listing all known agencies and organizations able to provide rental assistance and other aid. As soon as the CARES Act was enacted at the end of March 2020, the NAA and its state and local affiliates began offering educational webinars and guidance documents. This was critical to help keep housing providers in compliance with the fast-changing eviction and eviction notification rules, and also to ensure that they could quickly take advantage of the business-related provisions included in the legislation such as mortgage forbearance. When the pandemic extended into the summer of 2020 so did the industry’s advocacy and partnership efforts. More than 24,000 messages were sent to Congress by NAA members asking that ambiguous language in the CARES Act be fixed and explained how compliance with the 30-day notices in the Act was complicated and interfering with efforts taken by rental housing providers to help renters. As these messages were being sent, the AAA was busy working with the city by providing input on how to best implement rental assistance programs and partnering with Austin Public Health to help educate properties about how to comply with local masking and social

distancing orders. AAA education was also offered to members on local eviction notification requirements and government orders prohibiting the issuance of notices to vacate. Plus, in an effort to help the Justice of the Peace Courts directly communicate its courtroom procedures and health protocols, the AAA held a virtual townhall meeting for members with the Travis County JPs. In the fall of 2020, as the industry kept a steady drumbeat on its message that emergency rental assistance is the best solution to the challenges facing rental housing and that extended local and federal eviction moratorium do not help the long-term needs of renters and is actually shrinking the nation’s rental housing stock, the AAA was busy offering rental assistance application events at various properties. At these events, computer terminals were set up in community rooms where residents could apply for rental assistance and get help scanning and submitting the documents needed to complete the application. By the end of 2020 AAA’s renter resources page on its website emerged as the most visited webpage, and hundreds of AAA members had participated in nearly a dozen webinars dedicated to offering the most up-to-date information on local rental assistance programs and guidance on complying with local orders and ordinances. Then finally, after many critical relief efforts such as enhanced unemployment benefits had long expired, the coronavirus relief package known as the Consolidated Appropriations Act of 2021 was passed. The key component of the bill was dedicated federal emergency rental assistance which proved to be a critical measure that would go on to help housing providers pay their bills and keep our nation’s 40 million renters in their homes. In March of this year, while people were waiting in line for vaccinations,

the AAA, TAA and NAA all began working to ensure federal rental assistance dollars approved as part of the American Rescue Plan Act of 2021 would be distributed quickly and efficiently to renters and housing providers. Admittedly, the early implementation of the state’s rental assistance program did not go well, but through the ongoing work of the TAA and others the state program quickly found its footing to the benefit of many, many rental property owners. Austin’s own program also accepted feedback from the AAA and housing advocates and quickly became a model program for other local governments to emulate. Unfortunately, the roll-out of rental assistance in other states and localities have not gone as well. By the

end of this past summer only a small amount of the $46.5 in rental aid allocated by Congress to offset losses from the federal eviction ban imposed had been distributed. Amid the advocacy and partnership efforts displayed by the NAA and its state and local affiliates, the realities of slow distribution of rental assistance funds and the extensions of federal eviction moratoriums led to NAA filing a lawsuit against the federal government seeking compensation for the financial damages suffered under the CDC order. The lawsuit may also serve as an assurance that the federal government can never do this again. The path to a healthy housing industry is paved with advocacy,

partnerships and, yes, legal rulings. During the past eighteen months the rental housing industry has used all three tactics to avoid major system failure. These efforts have not always been easy, but benefits have been gained along the way, and until the pandemic is in the rearview mirror all of these efforts will continue.

Austin Code Looking to Revamp ROP In October 2021, the Office of the Austin City Auditor took aim at the city’s Repeat Offender Program (ROP). This program is intended to identify and closely track properties with chronic code violations to ensure code compliance and healthy living environments for renters. The findings of the audit were not surprising and was critical of the city’s internal data collections and reporting process used for determining ROP properties. The AAA’s critiques of the program go much further and center on the low threshold of just five violations used to put a property on the ROP list. Another finding of the city’s audit is that there is no incentive program offered by Austin Code that could be used to “reinforce responsible property management as a complement to regulatory pressure generally designed to discourage bad actors”. Austin Code is now considering the components of a landlord “incentive” program. Some early discussions include incentives such as fast-tracking permit applications, fee rebates and flexible compliance schedules in exchange for prompt code compliance or providing certain tenant protections. AAA members familiar with incentive programs used in other housing markets or wishing to offer comments on a possible landlord incentive program are encouraged to call the AAA office or send an email to paul@austinaptassoc.com

The path to a healthy housing industry is paved with advocacy, partnerships, and yes, legal rulings.

2021 / FALL /

New MEMBERS AAA welcomes these new members who joined the association between June 1, 2021 and July 31, 2021. When deciding where to make your next purchase for your property, please consider an AAA supplier member.

N E W IN DUST RY M EM BER S

Investors Property Services 284 Units

Schwarck Properties 1 Unit

Book & Ladder 381 Units

Deerot Inc 30 Units

Solidago Residential 2,560 Units

Carbon Thompson Multifamily Management 350 Units

Family Webb Properties Ltd. 97 Units

Lan Chair LLC 2 Units Linden Properties 1 Unit

Caruth Realty 5 Units City Gate Property Group 178 Units CSH Vault Holdings, LLC 1 Unit

Ganta Properties 1 Unit Hines/Willowick Residential 0 Units Huynh Properties 12 Units

N E W SU PPL IER M EM BER S Financial Services Billd Travis Mayor 2700 W Anderson Lane #206 Austin, TX 78757 512.601.5804 travis@billd.com

Roofs-Contractors Demand High Speed Will Hyams 10050 Great Hills Trail Apt 1502 Austin, TX 78759 512.229.9010 will@demandhighspeed.com

ButterflyMX John Somarriba 127 West 26th Street 9th Floor New York, NY 10001 571.480.6579 sales@butterflymx.com

Internet-Service Providers, Internet Network Management Dynamic Dryer Vent Joshua Garcia 106 East 6th St Suite 900-833 Austin, TX 78701 469.694.5836 dynamicdryervent@gmail.com

Security Systems, GatesAutomatic & Manual Clifton Heights Construction Justin Richard PO BOX 28647 Austin, TX 78755512.787.1774 jrichard@ cliftonheightsconstruction.com General Contractors Cyclops Services Dale Caston 2606 Princeton Drive Austin, TX 78741 512.585.4050 dale@cyclopsservice.com Gutters & DownspoutsCleaning & Repair D&G Quality Roofing, Inc Katie Kowalski 4305 FM 1187E, #100 Burleson, TX 76028 817.568.8300 katie@dgqroofing.com

Dryer Vent Cleaning, RoofsCleaning Elite Austin Valerie Pierce 5203 Beacon Drive Austin, TX 78734 512.366.8189 design@eliteaustin.com Furniture-Rentals, Interior & Decorator Service, FurnitureSales Entrata Chant Duplantier 4205 Chapel Ridge Road Lehi, UT 84043 801.375.5522 cduplantier@entrata.com

/ W I N D O W O N R E N TA L H O U S I N G

LMC 387 Units Narrow Road Group 265 Units Newport RE 25 Units

Sunshine Residential Property Management 17 Units Synowiec Properties 1 Unit Tricon Residential 1,454 Units Wedo Properties 0 Units

Computer-Software & Service Flamingle Social Events Andrea Rogge 2604 Aldrich Street #121 Austin, TX 78723 254.718.3606 info@flaminglesocialevents. com

General Contractors, Drywall Contractors J&M Insurance Services Chris Metcalf P.O. Box 343 Pflugerville, TX 78691 512.913.3009 chris@jandmins.com

Resident Events Getdone Madison Adams 409 Delmar Avenue Unit 1 Austin, TX 78752 918.300.3663 madams@rex.com

Insurance, Risk Management LeasePAL Keith Hatchett 1648 Taylor Road Unit 102 Port Orange, FL 32128 615.579.1745 leasepalkeith@gmail.com

Make Ready Service, General Contractors GPS Roof Leak Repair Trey King 706 Grove Bend San Antonio, TX 78253 888.958.5048 trey@gpsrlr.com

Insurance, Property Management- Service Lincoln Security Systems, Inc. Carmen Melgar 10142 Knoboak Dr, Houston, Texas 77080 832.369.2929 cmelgar@ lincolnsecuritysystems.us

Roofs-Contractors HappyCo Kaitlin Dinh 1000 Van Ness Ave Suite 200 San Francisco, CA 94109 510.239.1868 kaitlin.dinh@happy.co Property Management Software Indigo Construction & Development Stan Smith 2214 Holly Street Austin, TX 78702 720.520.3917 stan@teamindigoco.com

Security Systems;Security & Surveillance MCI Texas General Contractors Inc. Manuel Nabarrette 13359 North Highway 183 Suite 406-321 Austin, TX 78750 512.868.7547 manny@mcigc.com

need screens?

Call About our FREE Custom Measure Screen Inventory Program

Window Screens – Patio Door Screens

www.ameristarglass.com PHONE 512.910.3050 • FAX 512.910.2003 Serving the Apartment Industry Exclusively Since 1989

General Contractors Modern Pest Solutions Bryan Burton 4930 South Congress Avenue 303C Austin, TX 78745 512.550.7042 bburton@themodernpest.com Pest Control Service Mooring USA Scott Hill 4741 World Houston Parkway Houston, TX 77032 281.744.4933 shill@mooringusa.com Contractors- Restoration & Remodeling, Fire/Water Restoration MPG Security Solutions LLC Arnold Guzman 1110 Terra Street Round Rock, TX 78665 512.944.6885 ag1@mpgsecuritysolutions.com Security & Surveillance, Security Systems Northwestern Mutual Nathan Woods 3212 Cotton Blossom Way Pflugerville, TX 78660 361.443.2646 nathan.woods@nm.com Financial Investments, Financial Services Patriot Chimney and Dryer Vent Jack Keeley 875 W Poplar Avenue Suite 23 #105 Collierville, TN 38017 901.581.4158 jack.keeley@patriotchimney. com

Fireplace Cleaning, Dryer Vent Cleaning Peacock Design Studios LLC Kara Garst 201 Fairway Circle Lago Vista, TX 78645 512.775.4495 kgarst@peacockdesignstudios. com Interior & Decorator Service Perma-Pier Foundation Repair of Texas Lori Palumbo 2821 East Randol Mill Rd Arlington, TX 76011 877.840.9993 lori.palumbo@permapier.com Foundation Contractors Premier Floors Deborah Ray PO Box 170688 Austin, TX 78717 512.736.3955 deborah.premierfloors@gmail. com Counter Tops, Flooring-Sales & Installation Premises Place Group Marcus Jordan 11900 Jollyville Rd #203487 Austin, TX 78759 512.895.9558 mjordan@premisesplace.com Locators, Marketing- Promotional Specialties Principal Renovations LLC Douglas Morton 2824 Red Bud Circle Schertz, TX 78154 210.908.9923 douglas@ principalrenovationsllc.com

Construction-General Quick Dry Restoration Ambrose Garcia 11712 North Lamar Blvd Suite 6 Austin, TX 78753 737.280.8198 ambrose@quickdryaustin.com Fire/Water Restoration, FlooringWater Extraction Refuel EV Solutions, LLC (REVS) David Aaronson 3753 Nottingham Street Houston, TX 77005 713.927.1693 daaronson@refuelevs.com Electric-Equipment & Supplies Rise Gutters Grayson Elrod 101 Blasingame Creek Road Blanco, TX 78606 512.680.4354 risegutters@gmail.com Gutters & Downspouts- Cleaning & Repair, Gutters & DownspoutsContractors SkyFall Roofing & Exteriors Amber Collins 3300 Bee Cave Road Ste 650, Unit 1135 West Lake Hills, TX 78746 512.994.0327 amber.skyfallroofingmf@gmail. com Roofs-Contractors, ConstructionGeneral Spectrim Building Products Adam Clark 191 Salt Fork Drive Liberty Hill, TX 78642 512.848.3013 a.clark@spectrimbp.com

Flooring-Manufacturer, Construction-General Stanley Steemer International, Inc. Cody Flesch 8023 Exchange Drive Austin, TX 78754 800.257.8336 x 2338 cody.flesch@steemer.com Flooring-Cleaning, FlooringWater Extraction Total Restoration of Texas Kylie Holt 8222 Jamestown Drive, Suite E1 Austin, TX 78758 512.698.8444 kylie@trtexas.com Contractors- Restoration & Remodeling, Fire/Water Restoration United Protective Services Robert Young 7600 Chevy Chase Drive Building 2, Suite 300 Austin, TX 78752 512.673.8757 robert.young@unitedprotective.com Security & Surveillance VBM Waste, LLC Vincent Dawson 939 Mount Perkins San Antonio, TX 78213 210.313.5579 vincent@vbmwaste.com

2021 / FALL /

Committee

CHAT

Tiffany Blankman

Ashley Pruden

Joshua Nichols

NEXTGEN COMMITTEE Tiffany Blankman

Community Manager Roscoe Property Management 512.312.9427 Tiffany.Blankman@ rpmliving.com

Ashley Pruden

Regional Account Manager ApartmentData.com 218.940.5988 ashley@ apartmentdata.com

THIS MONTH, WE FEATURE THE NEXTGEN COMMITTEE The NextGen committee engages future leaders of the apartment industry through peer networking, education, and association involvement.NextGen is open to all AAA members working within the rental housing industry.

NEXTGEN COMMITTEE IS LED BY: Tiffany Blankman with RPM Ashley Pruden with ApartmentData.com Joshua Nichols with Contractors Inc. Tell us about where you work and how long you’ve been there. TB: I manage Hays Junction in Kyle. I have been here for almost 2 years. AP: ApartmentData.com for almost 6.5 years. We specialize in data for the multifamily industry. Whether you’re an investor/ broker, corporate or onsite member, vendor, or locator, we have a platform for you. With our system you can pull current and past market analytics, reporting on construction, submarkets, property details, revenue management, and so much more. JN: I have been with Contractors inc for almost 3 years. How long have you been involved with AAA? TB: I have been involved with AAA for 8 years. AP: I have been involved in the Austin Apartment Association for just over eight years. First as an onsite member, and then as a vendor. JN: 11 years

/ W I N D O W O N R E N TA L H O U S I N G

Favorite breakfast taco joint? TB: Garcia’s in Buda AP: Sounds a little weird, but I love breakfast tacos from Bill Millers and Smokey Mo’s. JN: Taco Bellas What is your favorite AAA event/ function? TB: I love the APEX Awards. It’s a great opportunity to see people I haven’t connected with in a while. I also love seeing all the winners’ faces when their name/community gets called. AP: I love a reason to get dressed up, so the galas have my heart. If we are going casual, any of the golf events. They are so fun and have little pressure, other than smiles, networking, and amazing causes. JN: The real golf tournament Who is a role model you look up to and why? TB: I don’t really have a specific role model. I love taking pieces of things I see in lots of different people and use that to make myself better. AP: I am not sure how to answer this. I have so many amazing, strong, and independent women that I love so much. They have inspired me in many ways, supported me always, have no issues giving me constructive criticism, but love me for me. They all have a little piece of

Joshua Nichols

Director of Business Development Contractors Inc. 512.971.7399 jnichols@ contractorsinc.com

them that I want to attribute my success to, both personally and professionally. JN: Ryan Freeman, the owner of Fit Supply. He is a great leader, a great teacher, and he fights for his people and is fair. What do you love most about your job? TB: I love helping others to learn and grow. I want to be the go-to person if someone has a question. AP: I love just about every aspect of my job if I am being honest. I am a consultant, mentor to green members of our industry, the amazing working relationships and partnerships, the ability to present the facts to every type of member and stand behind our methods of data collection, etc., and networking within AAA. JN: It allows me to do what I do best—build relationships. How did you get involved with the AAA? TB: I started by attending events like Property of the Year, the Trade Show, and Fall Fest. Then I began to attend committee meetings, which opened the door to NextGen. AP: My involvement started with the association about 8 years ago at May Madness. I was brought as a guest, while being pursued to join an onsite lease up team. That night I fell in love with the individuals I met, the opportunities that presented themselves and the overall feel of the association community. JN: I was forced to join by Fit Supply. I was so mad. I was so wrong.It was a great thing for me.

What do you like most about the AAA? TB: I love making connections with others in the industry. It’s a great way to open doors for opportunities, bounce ideas off others, and make friends. AP: I love how many doors it opens for individuals like myself. There is literally a door for every type of person and resources to support you along the way. What’s your favorite thing about chairing the committee? TB: My favorite thing about chairing the committee is helping others to get more involved in AAA. AP: I love bringing new ideas to the table. Trying new things and being a face for new members to talk to. It has been a goal of mine since we started the committee, and I was beyond honored when I was asked to Co-chair alongside one of my bests, and another member that I have the utmost respect for. JN: I think mentoring gives me purpose and this helps me do that on a larger scale. What was your first job? TB: Sandwich maker at an Olde Tyme Grocery (po-boy shop). If you’re ever in Lafayette, LA, you must go! AP: First, first job was babysitting. Once I was able to work legally, I was a super expert sandwich maker at Subway. JN: Ranch Hand on a Longhorn and Buffalo Ranch What was your favorite subject in school? TB: I didn’t really like school, but French class was always fun. AP: History! I am convinced I am an old soul! I love random facts, old timey pictures and all that comes with it! JN: Geometry What inspires you? TB: I am inspired by creativity. I love to try new crafts and recipes. I love watching videos of people doing amazing things with art or building cool things. AP: My past and my daughter. I want to be better and do better for her, I like to remind myself where I came from, the cards I was dealt, how I handled them, where I am today, and what kind of example I can be to my daughter with all that I have learned and endured. I love you Ever Jaymes! JN: The underdog or longshot coming away with the victory What do you do in your free time? TB: Cook! I love making new recipes. I rarely make the same thing twice. AP: In my free time I like to spend time with my little girl. We love to travel, in

a non-covid world of course, take mini adventures, swim, shop, go to the movies, hang with our favorite people, live music and shows, and take walks with our puppy Marnie May. JN: It may come as a surprise to everyone, but I like being alone. If I am not with my daughter (she is my first option always), friends or Tamara I would prefer to do anything alone. I like time to myself, and I think it is important. What’s your favorite drink? TB: Iced Chai latte AP: Non-alcoholic—water or coke. Alcoholic—Titos, water and a lime. JN: Margaritas – But I like a lot of different things. When people say Coke or Pepsi, I say both. What’s your favorite family tradition? TB: Thanksgiving dinner. We love getting together and reminiscing. AP: To be honest, we never really had a whole lot of family traditions growing up. It is my goal to implement some, so that my daughter can carry them on when she grows up. So far, we open one present on Christmas Eve, drive around looking at Christmas lights, etc. As she gets older, I am sure we will have more. But that is the fun of it, we get to make them as we go along. JN: 4th of July. We do it big. What is one thing people would be surprised to know about you? TB: My age. I’m 40! LOL. Most people think I’m younger than I am, which isn’t a bad thing. AP: I reunited with my mother’s side of her family in 2009, just by using Facebook to reach out to them. With that, I remet all my cousins, aunt, and uncle after a 20-year estrangement. From there, I quit college (criminal justice), sold my belongings, and drove across the country to start a new chapter of life and relationship with them. It’s been almost 12 years now, and it was easily the best chance I have ever taken. If you had to be shipwrecked on a deserted island, but all your human needs—such as food and water—were taken care of, what two items would you want to have with you? TB: Hair clip and Music. I need music to be happy, and sometimes my hair is too much to handle.

AP: Do I have reception? If so, my phone because I am calling for help! LOL. And maybe an extensive first aid kit, since we all know this girl is not cut out for the wilderness, HAHA! JN: Satellite phone and a picture of my daughter. What would your superpower be? TB: Teleportation. I want to be able to travel anywhere in a split second. AP: Ohhhhh, this is a hard one! I’m torn between mind reading and being invisible! To know the thoughts of the faces you see every day or be able to be anywhere at any time without being noticed. JN: I wish I could just be in great shape all the time and didn’t have to worry about eating right and exercising If someone wrote a biography about you, what do you think the title would be? TB: “Fraction of Your Life”. Happiness is key in life. If you aren’t happy, try something new for a year. It’s only a small fraction of your life. The older you get, the smaller the fraction of one year is. For example, mine would be one fortieth. That’s nothing in the grand scheme of life. So just try it! AP: “The unasked questions and stories of your everyday average girl” JN: The Secret Life of Joshua Nichols

MORE ABOUT NEXTGEN When do they meet? NextGen typically meets the third Wednesday of the month, unless there is a special event. Who can join? Anyone interested can be a part of NextGen! How to join? Become a part of the committee by going to www.austinaptassoc.com/committees to submit your interest form to receive meeting notifications. Staff Liaison: Lisa Sedgwick, Director of Membership Development, lisa@austinaptassoc.com, direct (737) 300-1151

To find out more, contact Lisa Sedgwick at lisa@austinaptassoc.com

2021 / FALL /

SAMSUNG STYLE AND PERFORMANCE NOW AT LOWE'S PRO SUPPLY

ORDER TODAY

Industry Ad_AAA_FNL.qxp_Layout 1 5/7/20 3:04 PM Page 1

/ W I N D O W O N R E N TA L H O U S I N G

! ! !!

!! !

Una Nueva Una Nueva Una Nueva

Una Nueva Una Nueva Oportunidad de Carrera Oportunidad de Carrera

Oportunidad de Carrera Oportunidad Carrera ortunidad dede Carrera

LE ESPERA LE ESPERA LEESPERA ESPERA LE LE ESPERA

en el Capacitación enCapacitación el Capacitación el Capacitación enen el Capacitación en el mantenimiento de edificios mantenimiento de edificios

mantenimiento de edificios mantenimiento edificios mantenimiento de de edificios La Asociación de Apartamentos de con la TAAEF otros La Austin Asociación detrabaja Apartamentos de Austin trabaja con yla TAAEF y otros

La Asociación de Apartamentos Austin trabaja con lapara TAAEF ydirigidos otros socios de desarrollo de la fuerza de laboral para apoyar programas socios de desarrollo de la fuerza laboral apoyar programas dirigidosaa de Apartamentos de trabaja Austin trabaja la TAAEF otros La Asociación La deAsociación Apartamentos de Austin con con la TAAEF y yotros socios de nuevas desarrollo deindustria la fuerzaque laboral paraencapacitación apoyar programas dirigidos personas en la buscan práctica. personas nuevas la industria que buscandirigidos capacitación práctica. a socios de desarrollo de laboral la fuerza para laboralapoyar para apoyar programas dirigidos aa socios de desarrollo de la fuerza programas personas nuevas en la industria que buscan capacitación práctica. personas en la que industria que buscan capacitación práctica. personas nuevas en lanuevas industria buscan capacitación práctica.

Los participantes que completan este tipo de gradúan deldel Los participantes que programas completan este tipo se de programas se gradúan

Los participantes que completan este tipo de programas se gradúan curso con un que Certificado de Técnico de Mantenimiento dedel curso conde un Certificado Provisional de Técnico de Mantenimiento de Los participantes completan este programas se gradúan del Los participantes que completan esteProvisional tipo detipo programas se gradúan del curso con un Certificado Provisional de Técnico de Mantenimiento de Apartamentos (CAMT). CAMT es una certificación reconocida por la (CAMT). CAMT es una certificación reconocida curso con un Certificado Provisional deApartamentos Técnico de Mantenimiento de por la curso con un Certificado Provisional de Técnico de Mantenimiento de Apartamentos (CAMT). CAMT es una certificación reconocida por la industria que eses ampliamente aceptada yesvalorada. (CAMT). CAMTcertificación es una certificación reconocida ApartamentosApartamentos (CAMT). CAMT una reconocida por lala industria que ampliamente aceptada ypor valorada. industria que es ampliamente aceptada y valorada. industria que es ampliamente aceptada y valorada. industria que es ampliamente aceptada y valorada.

Usted Usted Aprenderá Usted Aprenderá Aprenderá

Aprenderá Usted Usted Aprenderá

Diagnóstico de Diagnóstico y y Reparaciones Reparaciones de HVAC HVAC Diagnóstico y Reparaciones de HVAC Diagnóstico y Reparaciones de HVAC Diagnóstico y Reparaciones de HVAC Plomería y y Solución Solución de de Problemas Problemas Eléctricos Plomería Eléctricos Plomería yEléctricos Solución de Problemas Eléctricos y Solución de Problemas Plomería yPlomería Solución de Problemas Eléctricos Realización de Controles de Seguridad Realización de Controles de Seguridad Realización de Controles de Seguridad Realización de Controles de Seguridad Comunicación Efectiva con Inquilinos y Proveedores Comunicación con Inquilinos y Proveedores Comunicación EfectivaEfectiva con Inquilinos y Proveedores Comunicación Efectiva con Inquilinos y Proveedores

Ahora Inscribiendo Ahora Inscribiendo Inscribiendo Ahora Ahora Inscribiendo Ahora Inscribiendo Este programa es apoyado por a los Solicitantes Este programa es apoyado por Este programa es apoyado por es apoyado por a los Solicitantes a los Solicitantes a los Solicitantes Este programa es apoyado por AAA, TAAEF y NAAEI. a los Solicitantes AAA, TAAEF y NAAEI. AAA, TAAEF y NAAEI. NAAEI. AAA, TAAEF y NAAEI.

Escanee aquí para obtener más detall Escanee aquí para obtener másmás detalles Escanee aquí para obtener más detalles Escanee aquí para obtener detall THE GOOD WILL CAREER & TECHNICAL

AC ADE MY

THE GOOD WILL CAREER TECHNICAL AC ADE MY THE GOOD&WILL CAREER & TECHNICAL

AC ADE MY

Escanee aquí para obtener más detalle

THE GOOD WILL CAREER & TECHNICAL

ACADEMY

o llame hoy o llame hoy o llame hoy o llame hoy (512) 637-7131 o llame hoy (512) 637-7131 (512) 637-7131 (512) 637-7131

(512) 637-7131

A&A WRECKER & RECOVERY Tasha Mora

CAMP CONSTRUCTION Ryan Harmon, CAS

CONTRACTORS INC Joshua Nichols, CAS

GUARDIAN CONSTRUCTION Preston Sams

CENTURY HVAC DISTRIBUTING Travis Fowler, CAS

CORT Shannon Minor

HIRE PRIORITY Danielle Berryann

INTEGRITY PAVING & COATINGS Bill Holmes

Thank You 2021 Diamond SPONSORS

/ W I N D O W O N R E N TA L H O U S I N G

FINALISTS

Property of the Year Amber Award Aﬀordable Housing 44 South

Lorem ipsum dolor sit amet, consectetuer

Diamond Award Built 2000 - 2009 (50 - 299 units) Pressler

Bridge at Asher Legacy Ranch at Dessau East

Springmarc Apartments Trails at Buda Ranch

Amethyst Award

Emerald Award

Student Property Collective on Riverside Vibe on Riverside

C.A.R.E. Award Creating an Amazing Resident Experience AMLI Covered Bridge Balcones Club Century Travesia Copper Mill Apartments Folio Griﬃs Southpark Solea Cedar Park

Crystal Award High-Rise Ashton Austin Gables Republic Square The Bowie

Diamond Award Built 2000 - 2009 (300+ units) Indigo Palm Valley Villas at Stone Oak Ranch

/ W I N D O W O N R E N TA L H O U S I N G

Garden Style, 4< stories (300+ units) Enclave Falcon Pointe Terra Apartments The Allure

Emerald Award Garden Style, 4< stories (50 - 299 units) Elan East The Monterra Wells Junction

Onyx Award Renovation Mesa Verde Patten East The Baxter at Westwood

Opal Award Active Adult / 55+ Everleigh Lakeline Overture Arboretum Overture Domain

Pearl Award Lease up The View at Belterra Trailhead Yaupon

Rise Above Award Gave back to the community Broadstone Travesia ResProp Property Managment Sparrow Partners

Ruby Award Built >1989 (300+ units) Array Apartments Balcones Club Retreat at Barton Creek

Ruby Award Built >1989 (50 - 299 units) Element Austin Emerson Apartments Townhollow

Sapphire Award Built 1990 - 1999 (300+ units) Folio Radius at the Domain Riata

Sapphire Award Built 1990 - 1999 (50 - 299 units) Creekstone Apartment Montelena Regal Parc

Topaz Award Mid-Rise Coldwater Apartments Groves South Lamar The Kenzie at the Domain

NOMINEES

Professional of the Year Doc Young Volunteer

Assistant Manager

Maintenance Supervisor

Brittany Alvarez, Greystar

Dedra Bouffard, The Liberty Group

Roger Batista, Greystar

Peter D'Amato, RPM Living

Rosa Montes, Penn Apartment

Santos Castellanos, Waterton

Sarah Escobar, NRP GROUP

Staffing

Chris Cole, Roscoe

Natalie Garcia, Greystar

Toni Rackley, Flooring Warehouse

Josh Fisher, Greystar

Aprill Garza, Berkshire Residential

Carrie Thomes Laso, Rasa Floors

Javier Flores-Saldana, Roscoe

Investments

Leasing Professional

Tara Gibson, Greystar

Jose Alvarez, Greystar

Heidi Goldsmith, Greystar

Amber Anstead, Greystar

Cornelius Graham, Greystar

Alejandra Coronado, Greystar

Kolina Hocevar, Greystar

Levi Fojtik, Greystar

Alexia Jones, Greystar

Katie Guajardo, Greystar

Cynthia Labrado, Greystar

Mary Helen Hanks, Greystar

Victoria Lopez, Clear Property

Karissa Hullin, Berkshire

Management

Residential Investments

Clarissa Marquez, Greystar Yadira Mejia, Valiant Residential Alex Melin, Greystar

Ruby Lopez, NRP Group LLC

Management

Jacqueline Manzano, Greystar

Natalie Olejar, Greystar

Jasmin Richardson, Greystar

Stephanie Pham, Greystar

Madison Riddle, Greystar

Marrisa Rodriguez, AMLI

Molly Smestad, CREA Management

Toni Rodriguez, Greystar

Elizabeth Valle-Guth, AMLI

Katelyn Ross, Greystar

Victoria VanOsselaer, Greystar

Alexis Simpson, Greystar Kaylyn Tidwell, CREA Management Karina Villanueva, Belco Equities Jenna Wilks, Cushman Wakeﬁeld Samantha Wright, Greystar

Morgan Laurent, Greystar Melanie Loe, RPM Living

Michael Murray, CREA

Victoria Williams, Greystar

Kavon Khatami, Gables Residential

Cameron Walter, NRP Group LLC Madison Williams, Greystar

Properties Jose Genera, Roscoe Property Management Peter Gil, Berkshire Management Alan Gomez, Greystar Robert Greenman, Asset Living Charles Harkness, Greystar Esteban Herrera, CREA Management Daniel Hislop, Greystar Oscar Infante, Roscoe Properties Jose Jimenez, RPM Living Thomas Johnson, Belco Equities Marcus Johnston, Greystar Mark Johnston, Greystar Malik Lovejoy, Greystar Eddy Matos, Skyline Management Group Carlos Medina, Roscoe Properties Rashad Miller, Sparrow Partners Rolando Monrroy, Greystar Mike Morgan, Greystar Paul Ortiz, NE Management Joshua Patrick, Foundation Communities Cameron Peter, The Property Society

WINNERS ANNOUNCED AT A P E X AWA R D S !

NOMINEES

Professional of the Year Maintenance Supervisor Cont. Rodrigo Robledo, Atlantic Housing Foundation Inaudis Rodriguez, Greystar Lorem ipsum dolor sit amet, consectetuer

Jason Sanchez, Greystar Brandon Sims, Avenue 5 Michael Snider, NRP Group Rusty Swartz, AMLI Alfonso Valles, Cortland Partners Brandon Washington, Olympus Property

Maintenance Technician Brandon Washington, Olympus Property Cristian Byrd, AMLI Gustavo Calderon, Berkshire Residential Antonio Castro, Waterton Jon Gallegos, Greystar Jose Garcia, Greystar Dreu Goldsmith, Greystar Chris Homer, Greystar Justen Layne, Greystar Timothy Manzano, NRP Group LLC Dago Rivera, Berkshire

Maintenance Technician Cont. Galdino Robledo, Atlantic Housing Foundation Michael Sosa, Roscoe Property Management

Portfolio Supervisor Natasha Brehm, Greystar Ashley Dodenhoff, NRP Group Kimberly Faulkner, Greystar Courtney Gaines, RPM Property Management Emily Garcia, The Property Society Moriah Garver, Roscoe Properties Nikki Gavarrete, Greystar Alex Gomez, Greystar Emily Paige Gutierrez, RPM Brittney Harris, Avenue 5 Danielle Kriegsman, RPM Living Christine Legg, Greystar Kate Martinez, Avenue 5 Clara Pelayo, Presidium Stephanie Pieper, CREA Management Paige Russell, CREA Management Charissa Sellers, Foundation Communities Justin Smith, Berkshire Residential

/ W I N D O W O N R E N TA L H O U S I N G

Portfolio Supervisor Cont. Poonam Tiwari Kelsea Vernon, Roscoe Jennifer Villastrigo, Highmark Residential Ana Wright, Greystar Brook Wright, Apartment Management Professionals

Property Manager Luisa Alarcon, RPM Sarah Aldridge, Greystar Jacob Allen, AMLI Maggie Anderson, RPM Hollie Baker, Cardinal Group Marilynn Bell, Greystar Mallory Benitez, Greystar Priscilla Cardenas, Asset Living Daniela Cazares, ResProp Management Erin Chance, First Choice Management Group Andrea Clayton, Presidium Richard Conklin, Greystar Jennifer Daffinee, Greystar Arial Davis, Greystar Yazmin De Saracho, FPI Management Ashley Delgado, Carroll Danyelle Denn, The Property Society Lyndsie Eades, Greystar Jennifer Echeverria, RPM Living

NOMINEES

Professional of the Year Property Manager Cont. Melaine Farrington, Greystar Michelle Futrell, Greystar Baileigh Galan, Berkshire Residential Adriana Gonzalez, Presidium Alicia Green, Sparrow Living Mark Greenwood, Mid-America Apartment Communities Toshi Hines, NRP Group LLC Kellie Kieserman, Greystar Cassie Lester, Cushman & Wakeﬁeld Melissa Lochansingh, NE Management

Property Manager Cont.

Trailblazer

Samantha Sandoval, First

Brittany Alvarez, Greystar

Communities Management

Carl Bunch, RPM Living

Laura Scales, CREA Management

Dreu Goldsmith, Greystar

Jessica Segura, Asset Living

Kathrine Harrington, Greystar

Leah Shapiro, Roscoe Properties

Riley Rogers, RPM Living

Debbie Smith, Greystar

Claudia Lozano, Valiant

Lisa Soto, Greystar

Residential

Bennie Swist, Berkshire Residential

Kelsey Mosher, Greystar

Investments

Kilish Shackles, AMLI

Danielle Tedrowe, Greystar

Rebekah Tuckner, Metric

Abigail Wallace, Olympus Property

Property Management

Amanda Williams, RPM Living Natausha Yoachum, Presidium

Nichole McMullan, Greystar

Christian Zamora, Presidium

Kara Menefee, Greystar

Regional Maintenance/ Service Manager

Kelsey Mosher, Greystar Faye Nevarez, Avenue 5 Vivica Pardo, Greystar Christy Pavelka, Greystar Samantha Perez, Greystar Jamie Price, Greystar Christine Purchase, Presidium Alexa Quirk, Greystar Candy Reed, Greystar Celeste Rosa, The Property Society Denise Ross, Asset Living Dominique Saldana, Greystar

Tracy Dove, CREA Management Joseph Martinez, Solidago Ruben Rodriguez, The Property Society Cerwin Thompson, Roscoe Properties

Supplier Chelsea Montgomery, Fidus Construction Services Robyn Riley, Valor Fire and Security Corey Rogers, Rogers Law Firm

C O N G R AT S TO A L L THE NOMINEES!

THE

AAA

Operating since 1964, the Austin Apartment Association has had a variety of members from the multifamily housing industry throughout its nearly 60-year history. While new members are consistently welcomed to AAA, there are many members who have been utilizing the association’s benefits for decades.

epresenting more than 1,000 companies that own, manage, and develop service rental and multifamily housing in the greater Austin area, AAA members are able to tap into a variety of benefits, from professional development and networking at fun events, to marketing opportunities and savings programs.

“The Austin Apartment Association has been invaluable in helping to develop and grow strong and lasting relationships,” says Lauren Tuma, sales representative for Sherwin Williams. Sherwin Williams, a member since 1977, is able to use their AAA membership to better support their employees, such as Tuma who has been in the multi-family industry for four years. “My business has definitely grown in the time since I have been involved in the Association, allowing me to development so many more professional and personal relationships than I ever would have been able to develop on my own,” she says. “Those relationships have most definitely aided in my success.” According to Shannon Minor, account executive for CORT, which has been a member since 1982, the Austin Apartment

/ W I N D O W O N R E N TA L H O U S I N G

Association is “the backbone to our industry. You know you can always rely on their support for our city and surrounding communities. Capstone Real Estate Services has been an AAA member since 1977, and recently Capstone’s Chief Operating Officer Kelly Blaskowsky joined the AAA Board upon moving to Austin in March 2020. “The relationships that have been built through AAA are invaluable to us as an organization,” she says. “AAA keeps us updated on both federal and local changes in addition to providing resources that we utilize to serve both our clients and residents.” Similarly, Lincoln Property Company has seen steady business success and growth throughout their 36-year membership. “We have

SHER W IN W IL L I A MS MEMBERS SINCE 1977 Lauren Tuma, Sales Representative

built client relationships and closed deals based on referrals from our AAA relationships,” says Katie Harris, area vice president for Lincoln Property Company. For these longstanding members, they have recognized the power in their AAA membership. As employees take advantage of AAA’s mentorship, networking and education opportunities, AAA member companies can see how this translates into overall business growth. While each business may see different membership rewards and benefits, they all agree that the “power of AAA” lies in the association’s ability to bring together all members of the rental and multi-family housing industries for the benefit of the Austin community. “The ‘power of AAA’ means having one voice for Austin backed by all the different management companies, owners, and suppliers,” Harris says. Capstone has seen the “the power of AAA” through their ability to maneuver through tough decisions based on their shared intellect and recommendations from the association and members. Blaskowsky says, “AAA has one of the strongest networks of individuals in multifamily. The participation of industry leaders is off the charts and allows for in depth discussions on how we are handling situations that impact not only our employees and residents, but our clients. AAA is a strong supporter in the Legislative changes and City discussions that are critical to our success in multifamily.” For Tuma, “’the power of AAA’ is an understanding of what can be accomplished when a group of people come together to work towards a common goal. Over the years, AAA has accomplished some amazing things as a group that not

only benefit the members of the association but also the community at large.” Whether an independent rental owner or a larger company, members say they’ve seen greater benefits as they’ve become more involved in AAA. “I encourage my staff to participate and to continue to grow in their relationships and careers,” Harris says. “My favorite educational experience has been Leadership Lyceum, a series of classes made up of a group of highly motivated leaders that are looking to further their involvement in AAA and the industry. I also love the community outreach because giving back to the community that has done so much for us and our industry is rewarding.” Through the years, Capstone has been very visible in AAA, with several of its employees serving as AAA President and others as Board members, as well Property Manager and Assistant Manager of the Year with AAA. “There is a legacy of excellence that Capstone embraces as is evidenced by its active participation in AAA, as well as TAA and NAA,” Blaskowsky says. “I am proud to help continue the strong traditions that came before me.” Blaskowsky notes that through her involvement, she’s benefited from AAA’s educational opportunities and ability to collaborate with other leaders. “The education I’ve found most helpful over the years is the CAM for property managers, which challenge team members to evaluate their community from an overview standpoint and provide a better

CORT MEMBERS SINCE 1982 Shannon Minor, Account Executive

2021 / FALL /

C A P S T O NE RE A L E S TAT E SER V I C E S MEMBERS SINCE 1977 Kelly Blaskowsky, Chief Operating Officer

understanding of how what they do on the site will impact the financial picture for the property,” she says. “AAA also proProducts vides various one-off courses that allow team members to enand hance their knowledge or grab key points that will keep them Services moving forward successfully.” Like Blaskowsky, Minor has found that the association’s educational opportunities have greatly impacted her career. “The education provided by the association has given me the confidence to be a successful community manager and supplier,” she says. “I’ve received so much of my knowledge from my mentors and the education provided by the association. In 2016, I was encouraged to get my Certified Apartment Manager certification with training provided by AAA, which was truly a proud moment.” For Blaskowsky, one of the most enriching experiences she’s had with AAA and the primary reason for joining the Board was the ability to work alongside other industry leaders on situations that impact the community. “The ability to talk through potential solutions and the participation of AAA is invaluable to us all,” she says. In addition to collaborating with other industry leaders, AAA members also benefit from mentorship opportunities. “I am always looking for ways to be more involved because it is such an amazing group of people,” says Tuma, whose favorite experience has been the Mentorship program, which pairs brand new members with more seasoned members of the Association. “As a fairly new member who didn’t know anyone but wanted to be involved, I forced myself outside of my comfort zone to attend an event,” she says. “I was assigned to my mentor, Toni Rackley, who took me under her wing. Her involvement in the Association led me to be

/ W I N D O W O N R E N TA L H O U S I N G

more involved, which has been a blessing both professionally and personally.” When it comes to new members, these longstanding members all agree that early involvement is key. “Learn from your mentors, who have been involved in the industry and association,” Minor says. “Ask questions, attend events and education courses, and take complete advantage of all the opportunities given by the association. And enjoy it, it’s a really fun industry! “Get involved early and stay involved because it will open up so many opportunities,” Harris says. “Find a group or cause that is important to you, and get rooted in a specific area. Tuma agrees saying, “Show up to the meetings, join the committees, participate in the social events and be involved in the mission.” Whether new to the association or industry in general, Blaskowsky urges longstanding industry members to help mentor and guide the newer generations. “Because we work in a tough industry and are constantly challenged, I firmly believe that it is our responsibility as leaders to coach and mentor team members coming into the industry or those looking for career growth in multifamily,” she says. “It is critical that we pass on our experiences and knowledge to ensure industry success. My advice for those coming into the industry is to take on challenges as new experiences, pushing

L IN C O L N P R O P ER T Y C O MPA N Y MEMBERS SINCE 1985 Katie Harris, Area Vice President

you to be creative and work towards solutions.” Through greater involvement in the association’s mentorship, networking and education opportunities, members are able to further develop their relationships with other industry professionals, on both a professional and personal level. “The most impactful benefit of AAA has been the relationships I have built,” says Harris. “I do not think I would be in the position I am in today without AAA and the relationships I have made along the way. Some of the people I have met through AAA are also lifelong friends.” “The relationships developed as a member of AAA have not only made me more successful, but they have also made the work I do more fun and fulfilling,” Tuma says. “These relationships will last beyond my involvement in the industry.” As we look toward to future of the rental and multifamily housing industries, change is on the horizon, particularly as the industry navigates through the effects of the pandemic, booming real estate market and new legislation. However, even as change is imminent, so is growth and opportunity, which is supported through these companies’ participation in the Austin Apartment Association. “I believe CORT has a very strong future in our industry, especially in Austin, and we will continue to be a big sponsor and support AAA,” Minor says. “The need for temporary furniture has really grown in our communities, and CORT has a great reputation in providing excellent product and customer service.” “The future is bright at Capstone as we continue to strive toward delivering excellence and consistent level of

service across our portfolio,” Blaskowsky says. “In addition, we are committed to our team members’ growth and education, and expanding the diversity of our portfolio.” At Lincoln Property Company, Harris says they “are growing, and our amazing employees and teams are the true reason behind all of our success.” Through the AAA membership, Tuma says her career is more rewarding and impactful. “Without the AAA, I would not have the same level of relationships I have now and the work would not be a fun or as fulfilling,” she says. “Knowing that we are working towards goals that give back to the community makes my work more meaningful and enjoyable.”

2021 / FALL /

TAA-&-NAA HIGHLIGHTS

Texas Apartment Association Summer Board of Directors Meeting – July 2021

The Texas Apartment Association hosted its Summer Board and governance meetings July 14-16, 2021. HIGHLIGHTS FROM THE TEXAS APARTMENT ASSOCIATION HYBRID BOARD OF DIRECTORS MEETING JULY 14-16:

TOP 10 HIGHLIGHTS from the Texas Apartment Association Board of Directors meeting July 14-16: RECOGNITION

1 Recognized former Apartment Association of Tarrant County Chief Executive Officer John Mitchell on his retirement from the association after 29 years. TAA also made a contribution to the Union Gospel Mission in Fort Worth in John’s honor. 2 TAA recognized Vice President of Education & Meetings Donna Harbers, CMP for 15 years of service to the association. TAA ONE CONFERENCE & EXPO

3 New Schedule of events – Wednesday through Friday, April 27 – 29 in Houston. 4 Coming to Conference in 2022 – NEW Independent Rental Owner (IRO) education TAA LEADERSHIP INITIATIVE

5 Chair Mark Hurley, CAPS on the TAA Leadership

Initiative. The update addressed (1) “low-hanging fruit” actions to take now (2) adopting a Volunteer Human Resources Model; and (3) next steps related to volunteer opportunities, recruitment, selection and assessment. Implementation of the full plan would be in FY23. TAA LEASE “2.0”

6 Working groups focused on legal, operations, and technology are revamping the TAA lease. The NEW lease will be made available in December. 7 The revamped Student Housing Lease is now available in TAA Click & Lease! TAA EDUCATION FOUNDATION

8 The new “How to Speak Maintenance,” Facebook Live program offers important tips

/ W I N D O W O N R E N TA L H O U S I N G

to help all members of the management team better understand the work and role of the maintenance staff and thus improve the overall resident experience. Tune into TAAEF’s Facebook page to watch 9 TAAEF has a new Maintenance Council which will develop tools to help elevate the perception of maintenance teams and

their work within the industry. 10 Spotlight – let TAA help you Shine Your Light! Show how you care for your community by highlighting the good deeds and actions happening around you! Submit your story at www.taa.org/ spotlight. Questions? Contact Michelle Helmers. #ShineYourLight

UPCOMING TEXAS APARTMENT ASSOCIATION MEETINGS, EVENTS: October 20-22, 2021 TAA FALL BOARD MEETING – HOUSTON, TEXAS

NATIONAL APARTMENT ASSOCIATION

APARTMENTALIZE NAA brought the industry back together to reconnect, restart and reenergize at #Apartmentalize in August of 2021!

PLAN NOW TO BE THERE IN 2022! Save the date for

TAA

NAA

APARTMENTALIZE IN SAN DIEGO

June 22-24, 2022 In the meantime, here’s a look back at this year’s amazing event!

2021 / FALL /

COMMUNITY CONNECTION FALL 2021 This summer, the AAA

Community Outreach Committee had two initiatives – a second blood drive with the Red Cross, and “welcome kits” for LifeWorks of Austin!

WELCOME KITS AAA volunteers assembled over 50 welcome kits for LifeWorks! LifeWorks is a fearless advocate for youth and families—and works to make youth homelessness rare, brief, and non-recurring. AAA is proud to partner with wonderful organizations such as LifeWorks Austin.

/ W I N D O W O N R E N TA L H O U S I N G

AAA members earn 2% Cash Back* How Doers Get More Done Home Depot is dedicated to helping members save time and money. AAA With an easy-to-use website and multiple methods of delivery, we make getting the products you need convenient and simple. For even more business benefits, join our Pro Xtra free loyalty program for the opportunity to earn up to a 2% annual rebate and receive exclusive offers like 20% off paints, stains and primers. Use agreement code HDNAA-AUS to start saving more today.

Contact Tim Turner at tturner@behr.com if you have questions or would like to enroll in the Pro Xtra program.

*Accounts must be registered/enrolled at homedepot.com/c/Pro_Xtra to receive rebate credit of up to 2%. Minimum rebate period spend of $25,000 on in-store or homedepot.com purchases required to receive a rebate. Please call 1-866-333-3551 or visit naahq.org for further details. Pro Xtra Paint Rewards is a sub-program of the Pro Xtra Program. Pro Xtra Paint Rewards qualifying ourchases will be tracked during the program period and include select The Home Depot Paint department in-store purchases an online purchases from the The Home Depot website, see homedepot.com/c/

MPM-14843

hopes, and my challenges. This was proven when I accepted the job. The next day a FEDEX package arrived at my home with a gift certificate from Legal Seafoods, their signature cookbook, and a hand written note from Patrick welcoming me to the team. I don’t remember telling him that lobster was my favorite treat, but then that package showed up. What a fantastic first impression! The most important part of this wonderful gift was the hand written note. Never doubt the importance of something that may seem small but is actually very impressive.

Lesson learned.

GREAT LEADERS and Bad Bosses by VICKI SHARP, CALP, CAPS, CDPM

If you have been in the industry very long, hopefully you have had Great Leaders, but you may have had some bad bosses. In my long experience in this crazy business, I have had both. Fortunately, the many good leaders have far out-weighed the few bad bosses.

n fact, I have had 3 terrific leaders in my career, several good mentors who weren’t necessarily leaders, and 2 really bad bosses. Great Leaders were those from whom I learned something almost in every encounter. I don’t mean “job lessons”. I mean leadership lessons; things I could use with my teams to help me to become a better leader for their success. My absolute best leader was Patrick Appleby, now the President of Winn Residential. When I first met Patrick, I found him to be friendly and easy to chat with, almost like a new friend instead of someone who was interviewing me. Through casual conversation, Patrick learned a lot about me. Not just my job skills, but about ME. My life, my family, my

/ W I N D O W O N R E N TA L H O U S I N G

From that day forward, I have carried thank you notes with me at all times. After a property site visit, I would immediately write a quick thank you note to each member of the team. Not an email. Not a text. An honest to goodness piece of paper, thank you note with a stamp on it and everything! I can’t tell you how many of these I’ve seen on desks or bulletin boards on subsequent visits. Appreciation is IMPORTANT! Early on, Patrick sent me to a location far away from home to take on a big challenge. During the first site visit with me, he noticed that I looked really tired. He was right. After working for 3 weeks straight without a day off, and I was exhausted, but when you work for someone you really admire, you really want to impress them. While driving Patrick back to the airport, he told me how impressed he was with what had been accomplished so far. Then, he told me NOT to work the upcoming weekend, and to enjoy a full spa day at my hotel, putting the charges on my expense report. All I really wanted was a manicure. Bottom line is that it wasn’t about the spa day, or about being able to charge it to the company.

Lesson learned. It was about my leader immediately congratulating me for the work I had completed. More importantly, he recognized that I needed a break. This is an industry that can create a lot of stress and burnout. A really

Great Leader knows that their team members need to take a break, some time away from the job, some time to focus on other parts of their lives. Great Leaders don’t just encourage it. They insist on it. Lastly, Great Leaders recognize when something is going on in the personal life of a team member. During the time away from my family mentioned above, Patrick accidentally called my home number instead of my cell, and my mother answered. Mom lived with us since my dad passed away, and Patrick had met my mother, so they ended up chatting a bit. By the way, it meant the world to her that he took the time to visit. When Patrick called me, his first words were “What’s wrong with your mama?” I was taken completely by surprise as I didn’t know anything was wrong. Suddenly, I realized that this would have been my parents wedding anniversary, so I told Patrick that was probably why she was a bit down. He said OK, and we moved on. The next day, my mom calls me and says, “THAT PATRICK!” She told me that she had just received the most beautiful bouquet of flowers, with a note from him that he hoped she would feel better today.

The Residential Perimeter Security Specialists

SALES ★ REPAIR ★ INSTALLATION • Automatic Gates • Telephone Entry • Radio Controls • Video Security • Ornamental Iron

• Wood Fencing • Rails • Refurbishing • Powerwashing • Replacement Remotes

SAME DAY SERVICE AVAILABLE

512-296-2671

www.austinestategate.com anthony@austinestategate.com

Lesson learned. Great Leaders know that personal issues can affect their team members. Not just their performance, but their heart, and they do something about it. Maybe its flowers sent to a mom. Maybe it’s a congratulatory card to a child when they graduate from school. Maybe it’s just showing up to be a shoulder to lean on in bad times. When a leader builds a relationship with their team members, the become GREAT Leaders. Great Leaders build an atmosphere of strong teamwork that creates great performance. Great Leaders are hard to leave. I know. I miss working with Patrick every day.

UNLIMITED EDUCATION ONE LOW PRICE

Plans start as low as $280 per year

2021 / FALL /

Business

EXCHANGE T

he AAA Business Exchange is a high-energy event that connects those who offer housing products and services directly with rental housing property management companies. Proceeds from the AAA Business Exchange support the National Apartment Association Political Action Committee (NAAPAC), and are used to assist Congressional candidates who represent good government and understand the needs and concerns of the multi-family housing industry. Proceeds from the AAA Business Exchange support the National Apartment Association Political Action Committee (NAAPAC), and used to assist Congressional candidates who represent good government and understand the needs and concerns of the multi-family housing industry. Contact AAA staff to learn about next year’s event or about how the industry’s political action funds are used to support local, state and federal candidates. SPONSORED BY:

Beau Bastian, Dixie Carpet; Danielle Berryann, Hire Priority; Noel Arvizu, ADT Multifamily

/ W I N D O W O N R E N TA L H O U S I N G

Introducing

Valet Living CONNECT Everything else is just trash

CONNECT your onsite staff to fewer interruptions with Interactive Doorstep CONNECT your residents to live virtual fitness classes at no cost to them CONNECT your residents to more than 20 live virtual events without using onsite staff time Instead of offering just trash collection, give your residents a new standard of easy living with Valet Living Connect. ValetLiving.com/Connect (888) 855-6062 All Valet Living logos and images associated therewith, and all other Valet Living products and services, are trademarks or registered trademarks of Valet Living, LLC in the United States and other countries.

2021 / FALL /

Have you heard of

ASSOCIATION

101

ssociation 101 is a program geared towards all members—owners, managers, onsite professionals, and suppliers. It is an opportunity to meet other members like yourself as well as the AAA staff that serves you. We held our most recent session on July 29 at the AAA office and had a full house! Special thanks to our speakers, Christy Sanchez (Magic Make Readies) and Lyndsay Hanes (Metric Property Management) for leading such an informative and interactive program. The group also heard from Ashley Pruden with ApartmentData.com on market trends in Austin and from our panel of supplier members with advice from their personal member experiences and how they have connected with the community and grown their businesses through AAA.

If you’re interested in attending the next Association 101—save the date for January 25, 2022. Registration will be coming soon!

/ W I N D O W O N R E N TA L H O U S I N G

Stay Open & Safe

in the COVID-19 Era AMENITIES • COMMON AREAS • MAKE READY Our Comprehensive Approach T BES LE ILAB AVA CTANTS FE DISIN

DISINFECTING FOGGING

WEEKLY INSPECTIONS

PRE-EQUIPPED STAFF

We’re Taking COVID-19 Seriously!

CDC/EPA-APPROVED

APART M

Don’t take the risk of not having your apartment units, common areas, and amenities properly disinfected multiple times a week.

ITIES EN M

UNITS & TS A EN

EPA Protective Equipment Used We use face masks and gloves as recommended by the EPA.

High-End Coronavirus Eradicating Disinfectants Our disinfectant has proven to be the best available on the market. We spare no costs to keep you safe with our high attention to disinfection on common touchpoints and surfaces.

Schedule Your Confirmed COVID-19 Cleaning

Fully Trained Staff

Book Online at

Fully Trained Staff with Experienced Coronavirus Cleaning Teams.

Diligent in Our COVID-19 Response We stay up-to-date on all of the latest EPA protocols and recommendations and regularly adjust our products and methods to ensure the highest level of quality and service to our clients.

apartmentcleans.com Austin 512.433.6140 San Antonio 210.577.7756 Info@apartmentcleans.com

www.apartmentcleans.com

g n i Rush

back to ourselves

by Dr. Debbie Phillips, CPM

The world has changed,

and so have we.

Within all the pandemic-induced trauma, burnout and anxiety, a piece of us has been reignited.

his new fire within us has us reflecting on our path, our purpose and even our paychecks. This summer, we watched as 32-time Olympic medal-winning gymnast Simone Biles put her mental wellness first and withdrew from sections of the 2021 Olympics. She left Japan with a team silver medal, an individual bronze, and the role of catalyst in the worldwide conversation about mental health. Arianna Huffington, co-founder of The Huffington Post, recently posted LinkedIN, “In the rush to return to normal, use this time to consider which parts of normal are worth rushing back to.” More than 4.2 million people, most of them women, left the workforce between February 2020 and March 2021. After this mass exodus, the opportunity to redefine ourselves has never been riper. Finding a way forward varies based on where we’ve been and where we want to go. So, I suggest we reflect on the good, old-fashioned “reading, writing and arithmetic’ and offer a strategy of four reimagined ‘Rs’ to guide us through a way forward with greater purpose and a new perspective.

RESILIENCY When we successfully navigate difficult situations, we build a mental toughness that enables us to approach future challenges confidently. I often encourage my clients to reflect on their past successes when formulating a strategy for moving forward. What has worked for them in the past offers a point of reference and proven systems and processes that pave the way for continuous improvement. Think of resilience like construction scaffolding, going higher and adding levels that get you to where you want to be.

RELEVANCY When Simon Sinek published his first book, Start with Why, in 2009, he struck a chord. His idea that the root of successful organizations, movements and people is first defining the why has inspired over 28 million views of his corresponding Ted Talk. I’ve found that keeping my “why” clearly in front of me minimizes distractions, keeps me focused and aids in my decision making. One simple yet powerful reminder I use is a quote on my computer’s screen saver – “What you do today is important, because you are exchanging a day of your life for it.” With the average life expectancy currently estimated to be 28,470 days, it’s important to make each day count.

RELATIONSHIPS If we learned anything during the pandemic, it was the

power of relationships. Relationships offer support, accountability and can become the essence of our “why.” Research has revealed that the degree of a person’s social capital increases longevity. Social capital has also been used to describe relationships between individuals that facilitate social trust that can strengthen communities.

REWARDS Some people measure rewards in financial ways such as pay, bonuses, promotions and even job security. For others, it can be demonstrated in appreciation, meeting new challenges, or simply an outcome of doing meaningful work. Pre-pandemic research by Daniel Pink had shown that monetary incentives only go so far in driving performance. It was never more evident than 2020 that we started to see our frontline roles stepping up to deliver for their team and communities. Residents and team members reported that their greatest rewards came from caring, random “check-ins” and genuine concern for one another. As we look toward the future, I encourage you to set aside some time to reflect on what’s working and not working. Think about your time in terms of money. We are all given 86,400 seconds in a day and if every second represented one dollar, ask yourself how you would spend that money. If you are determined to create more meaning in your life, make your minutes count through resiliency, relevancy, and rewarding relationships.

DR. DEBBIE PHILLIPS, CPM® is an industry thought leader, real estate advisor, author, educator and national speaker. For more information on Dr. Debbie, visit www.thequadrillion.com or call 404-787-4409.

2021 / FALL /

Education

EDUCATION TRACK LEGEND:

OPPORTUNITIES YOUR CHANCE TO GROW AND LEARN Visit austinaptassoc.com/events/education for more class info and to register. Questions? Contact AAA, Director of Education Amy Lydic, CAE at (512) 323-0990. CAM Credential Course

Fair Housing with Bill Warren

OCTOBER 11-15

OCTOBER 27

Course good for Education Tracks:

8:30 a.m. – 5:00 PM each day Presented by: Chelsea Kneeland, CAS, NAAEI Faculty, J Turner Research AAA – 8620 Burnet Rd., #475 $900 per AAA member10% discount for ACE subscribers The Certified Apartment Manager (CAM) course includes industry essentials, financial management, legal, resident experience, risk management, human resources, marketing, and property maintenance.

8:30 a.m. – Noon Presented by: Bill Warren, Warren Kaylan AAA – 8620 Burnet Rd., #475 $80 per AAA member$70 early bird rate! FREE for ACE subscribers CECs: 3 Attorney Bill Warren will cover the basics and beyond of Fair Housing.

CAS Credential Course OCTOBER 11, 13-15 Course good for Education Tracks:

8:30 a.m. – 5:00 PM each day Presented by: Chelsea Kneeland, CAS, NAAEI Faculty, J Turner Research AAA – 8620 Burnet Rd., #475 $500 per AAA member This program is designed as an opportunity for suppliers to hear the everyday challenges faced by the apartment manager customer.

Maintenance for Managers OCTOBER 21 Course good for Education Tracks:

8:30 a.m. – 11:30 a.m. Presented by Adrian Garcia, CAM, CAPS, CAS, ARM, CPO InterSolutions Staffing AAA – 8620 Burnet Rd., #475 $80 per AAA member-$70 early bird rate! FREE for ACE subscribers CECs: 3 Improve efficiencies and communications with your maintenance teams.

CAMT in SPANISH – Certified Apartment Maintenance Technician Course in SPANISH NOVEMBER 1-5 Course good for Education Tracks:

8:30 a.m. – 5:30 p.m. each day (Must attend all days) Presented by Julio Hererra, CAMT, NAAEI Certified Instructor AAA – 8620 Burnet Rd., #475 $1,050 per AAA member Not eligible for ACE pricing. COURSE WILL BE INSTRUCTED IN SPANISH ONLY. The three non-technical courses consist of online learning followed by online practice scenarios; the five technical courses consist of hands-on classroom training followed by online practice scenarios.

Assistants Wear All the Hats: Managing Up and Down NOVEMBER 9 Course good for Education Tracks:

8:30 a.m. – 11:30 a.m. Presented by: Colleen Grahn, CAPS,

Q U E S T I O N S ? Contact AAA at info@austinaptassoc.com or (512) 323-0990.

/ W I N D O W O N R E N TA L H O U S I N G

Lantower Residential; Stephanie Naylor, CAS, NAAEI Faculty, Flooring Warehouse AAA – 8620 Burnet Rd., #475 $80 per AAA member$70 early bird rate! FREE for ACE subscribers CECs: 3 Learn lots of tools from industry veterans on how to be the best at your current role and position yourself for future success.

What Fair Housing Means for Maintenance (Virtual) NOVEMBER 17 Course good for Education Tracks:

8:30 a.m. – 11:30 a.m. Presented by Dedra Bouffard, CAM, CAS, NAAEI Faculty, The Liberty Group AAA – 8620 Burnet Rd., #475 $80 per AAA member-$70 early bird rate! FREE for ACE subscribers CECs: 3 This seminar will cover: general fair housing laws, how fair housing laws impact the service team, how to avoid fair housing pitfalls, handling reasonable accommodations, when is being too “friendly” too friendly, mistakes that are being made when handling service requests, ways to exceed customers’ expectations.

So You Want to Be a Manager: Preparing for the Manager Role NOVEMBER 18 Course good for Education Tracks:

8:30 a.m. – 11:30 a.m. Presented by: Gina Frazza-Stowers, Roscoe Property Management AAA – 8620 Burnet Rd., #475 $80 per AAA member-$70 early bird rate! FREE for ACE subscribers CECs: 3 A seminar for more experienced AMs.

New in 2021! Multifamily Insiders introduce Webinar Wednesday Keynote! These specially indicated sessions are available to your entire onsite staff for one low price of $99.99 (plus a discount if you use the AAA Discount code “16AAA”). Look for the keynote logo and register today!

OCTOBER 6

When “CALM DOWN!” Doesn’t Cut It: How to De-escalate Conflict and Keep Your Cool OCTOBER 13

Mastering Maintenance: Save Time and Resources by Empowering Residents

OCTOBER 27

DECEMBER 8

NOVEMBER 10

DECEMBER 15

How to Step Up & Lead in a Crisis Yes, We Can All Get Along! Unleashing the Diversity Advantage

Fabulous, Fanatical Follow Up! Rock Your 2022 with this Marketing and Leasing Power – Round of Ideas

NOVEMBER 17

The Customer is Always Right… Wrong!

All Webinars are conducted by www.multifamilyinsiders.com. 1:00 p.m. – 2:00 p.m. CT Cost $29.99 Enter the code “16AAA” in the coupon field when registering for a discount!

Time Management and Preventative Maintenance DECEMBER 7 Course good for Education Tracks:

8:30 a.m. – 11:30 a.m. Presented by: Nathan Stowers, Alliance Residential, LLC AAA – 8620 Burnet Rd., #475 $80 per AAA member-$70 early bird rate! FREE for ACE subscribers CECs: 3 Best practices for preventive maintenance,

make-readies and time management for increased efficiency, smoother operations and a higher NOI at your community.

Crucial Conversations DECEMBER 9 Course good for Education Tracks:

Presented by: Krista Washbourne AAA – 8620 Burnet Rd., #475 $80 per AAA member$70 early bird rate!

November Food For Thought: Roof Coatings

October Food For Thought: Pest Control Standards for Multifamily

October 13, 2021 12:00 p.m. – 1:00 p.m. Presented by Daren DeRosia, Coverall Pests Free for AAA Members CECs: 1 This Food for Thought will discuss multifamily pest standards and how they can benefit all parties involved. Topics discussed will include key management, per-unit documentation, and tenant communication.

November 10, 2021 12:00 p.m. – 1:00 p.m. Presented by David Johnson, PermaLast Coating Systems Free for AAA Members CECs: 1 This Food for Thought will discuss how roof coatings make re-roofing outdated technology, silicone coatings last indefinitely for a fraction of the cost of a new roof, and how roof coatings can be used for stronger and better walkways.

FREE for ACE subscribers CECs: 3 You’ve been looking for a way to make more money and move ahead in your career--but what are the right (and wrong) conversations to be having at work to get there? How can you maximize your chances of being an amazing team player and getting promoted, even in a sometimes not-so-perfect management situation, financial downturn, or hard to get along with co-workers or bosses?

December Food For Thought: Everything Property Managers Should Know About Termites

December 8, 2021 12:00 p.m. – 1:00 p.m. Presented by Jon Polenz, Ecoteam Free for AAA Members CECs: 1 This Food for Thought will discuss how termites cause significant damage to multi-family buildings and termite issues can also get in the way of property sales or re-financing. In this talk, we’ll provide an overview of everything property managers should know about termites: what termites look like, how to find them, and what damage looks like, termite treatment options and expected costs, what is a termite warranty or bond and what does it typically cover?

Be sure to check out the Education Calendar (https://www.austinaptassoc.com/events/education) for the most up-to-date schedule of education. 2021 / FALL /

LAW IN ORDER

The Warren Report PROCEEDING WITHOUT FEAR BY DISSECTING THE DEMAND

Warren Kalyan Law Firm

possible environmental hazard. Allow me to make a disclaimer. This author is not a mold expert. I seriously doubt, in addition, that many of the readers of this article are either. Warren Kalyan Law Firm But given the conclusion of the CDC, that there are no standards for judging what is an acceptable, tolerable, or According to the U.S. Environmenne of the consequences of normal quantity of mold, we should tal Protection Agency (EPA), the difthe COVID-19 pandemic has ference between mildew and mold isn’t not feel overly ill-informed. been to look for ways to exagAccording to a company named all that much. Both are types of fungerate facts and shift blame. AWA Environmental, in every lab The Internet provides endless gi that thrive in moist environments. study, there needs to be a regular samBoth can be found in damp areas of possibilities to pursue. Since court acple and a control sample. The control dwellings, particularly those that have cess remains limited, the need to prosample is a way of making sure your been subjected to water damage. vide actual proof of one’s claims has data is accurate. When testing for the Mildew is a word often used generlessened. An aggressive demand, and existence of mold or mildew, an outically to refer to mold growth, accorda bit of a bluff, therefore, could lead to ing to the EPA. Mildew is therefore an- door sample is the scientific equivaunwarranted relief. A topic frequently lent of a control sample. There are alother name for mold, specifically the involved in this strategy is fungi. ways mold spores in the air, inside and kind of mold that lives on spots in your If you look up the “M” word on the out. When you take an outside sample, dwelling that are high in moisture. Internet, you will find at least two sigyou can identify which mold spores According to the U.S. Centers for nificant variations. One is mildew, the Disease Control and Prevention (CDC), occur naturally. other is mold. What is the difference? In the multifamily rental indusstandards for judging what is an acMildew and mold are both fungi, but try, it is inevitable that you will enceptable, tolerable, or normal quantimildew is not as invasive or troublecounter individuals who contend that ty of mold have not been established. some. Mildew is a surface fungus that their residence is full of mold. Not just Sampling for mold can be expensive. can be easily treated with a storemold, but “toxic” mold. These individYet once the samples are taken, stanbought cleaner or bleach and a scrubuals often reach this conclusion withdards for judging what is and what bing brush. out proper professional mold testing. is not an acceptable quantity of mold Mildew often rests on the surface Many do “home” testing themselves, have not been set. of a moist area. Surface moisture will The results of samples taken in your with a kit they purchased for that puroften evaporate, thereby impairing unique situation cannot be interpreted pose. Rarely have those people tested continued growth of the fungi. Mold for interior and exterior mold. Their accurately or properly without there seeks a deeper moisture source, less tests are therefore incomplete. Since also being a thorough physical inspecsubject to evaporation, hoping to sus“mold” exists everywhere, inside and tion of the contaminated area. The tain its growth. out, a mold claimant’s conclusions are There is also a difference in appear- characteristics of the building where frequently unprofessional, incomplete, the fungi may exist, and the factors ance between the two fungi. Appearand misleading. that led to the present condition, must ances range from powdery to almost Many individuals who insist fuzzy. There are also color differences. also be considered in the overall analthey have a mold-infested residence ysis of the nature and extent of the Variable odors may also be present.

By William S. Warren,

In the multifamily rental industry, it is inevitable that you will encounter individuals who contend that their residence is full of mold. Not just mold, but “toxic” mold.

William S. Warren,

/ W I N D O W O N R E N TA L H O U S I N G

shutterstock

contend that their health has taken a significant turn for the worse. Yet when these individuals are asked to provide medical information to the property owner, to enable an accurate assessment of the overall situation, it is rarely forthcoming. Is there a reason such important facts are being withheld? Wouldn’t the allegedly ailing individual welcome a diagnosis, including the development of facts which may create causation for alleged damages? Likewise, many individuals who contend their residence is infested with mold do not want their landlord to inspect or see the purported mold, mildew, or adverse condition. Many of these individuals insist that their rental unit may not be entered by management personnel. They demand secrecy even though most leases authorize entry by the landlord at reasonable times and for reasonable business purposes. If there is nothing to hide, these barriers to discovery appear illogical. Even if manifestations of the “M” word are present, they can and should be eliminated. The CDC advises that you can keep mold out of buildings and dwellings in several ways. First, inspect buildings for evidence of water damage or the existence of conditions which may cause or encourage mold growth (e.g., water leaks, condensation, or flooding). Early detection of adverse conditions may prevent mold growth. Additionally, the CDC recommends that mold growth can be regularly controlled inside your residence by controlling humidity levels, promptly fixing leaky roofs, windows, and pipes, thoroughly cleaning and drying after flooding, and ventilating shower areas. What is the common denominator here? It is moisture. In Texas, the way in which mold

and mildew is to be addressed from a liability and damages standpoint is through the Texas Property Code (TPC), sections 92.051 through 92.062, and the Texas Rules of Civil Procedure (TRCP), rule 509. Both authorities address claims which a residential tenant may assert to enforce a landlord’s duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant. Tenant actions under these authorities are commonly referred to as “repair and remedy cases.” In most cases, for legal liability to arise one must: (1) owe another a duty; (2) then breach that duty; (3) which breach in turn proximately causes; (4)

damages. Another essential element of this formula is that (5) there may be more than one proximate cause of an event. What may proximately cause damages in a repair and remedy case? TPC Section 92.056(b) provides that a landlord may be liable to a tenant (1) if the tenant gives the landlord proper notice of a condition; (2) which materially affects the physical health or safety of an ordinary tenant; and (3) despite having had a reasonable time to repair or remedy the condition after receiving the tenant’s notice; (4) the landlord has not made a diligent effort to repair or remedy what was reported. Stated another way, it is not the mere

existence of the condition which creates liability. Liability comes into existence due to a landlord’s failure to make a diligent effort to repair or remedy a reported condition. Many of you may have received communications, either from tenants or lawyers representing them, suggesting that you must permit your resident to terminate their lease immediately and without penalty, regardless of how much time may be left before the lease term expires. These communications may also insist that you pay monetary damages to your resident for things like medical expenses, costs incurred for testing of a residence, mental anguish your resident claims to have suffered, free rent, and of course attorney’s fees. Do these demands adhere to the damage formula set forth in the TPC? Often, they do not. In 2016 the Texas Supreme Court, in a case entitled Philadelphia Indemnity Insurance v. White, weighed in on who must prove what in a repair and remedy type of case. The Court noted that a rebuttable presumption exists that damages to premises under the tenant’s control are caused by the tenant. To establish that the landlord caused the alleged loss, the tenant must overcome this presumption with proper evidence. Stated another way, the tenant bears the burden of proof in a judicial action to enforce a right resulting from the landlord’s failure to repair or remedy condition. The TPC supports this conclusion. Perhaps the fact that the burden of proof falls on the tenant provides some insight into the reluctance of many tenants to allow their landlord access to the premises. The less the property owner sees the purported adverse condition for themselves, the more the owner may be persuaded to accept the tenant’s version of the facts.

It is not the mere existence of the condition which creates liability. Liability comes into existence due to a landlord’s failure to make a diligent effort to repair or remedy a reported condition.

2021 / FALL /

/ W I N D O W O N R E N TA L H O U S I N G

often overreach. These claimants frequently want more damages than are authorized under applicable law. For example, many tenants who contend their residence is mold-infested want lease termination, plus judicial remedies. Yet they rarely think they need a judicial determination of those alleged damages. There are two problems with this misguided approach. First, if the adversely affected tenant elects to terminate the lease, that tenant would be entitled to a pro rata refund of rent, from the date of termination or the date the tenant moves out, whichever is later. Since rent is typically paid monthly by a residential tenant, we are talking of only the rent

for the days in that month following the surrender of the premises, if any. In addition, TPC section 92.056 specifically states that the tenant who elects to terminate the lease is not entitled to the other repair and deduct remedies provided for in the section called “tenant’s judicial remedies” (section 92.0563) and the section which enables a tenant to make repairs themselves and then deduct the cost of the repair or remedy from their monthly rental payment (section 92.0561). There are more interesting and important TPC provisions in the repair and remedy statute. First, for a landlord to even have a duty to repair or

remedy a condition, the tenant cannot be delinquent in the payment of rent at the time the tenant’s notice is given to the landlord. In addition, unless the adverse condition was caused by normal wear and tear, the landlord may not even have a duty during the lease term to repair or remedy a condition. Specifically, if the adverse condition was caused (1) by the tenant, (2) a lawful occupant in the tenant’s dwelling, (3) a member of the tenant’s family, or (4) a guest or invitee of the tenant, there may not even exist a landlord duty to have the condition in question repaired. Stated another way, a tenant insisting upon landlord repairs must (1) be current in rent and (2) not be responsible for causing the condition to exist in the first place (section 92.052). Yet another important TPC provision is contained in section 92.054. This states that if a condition in need of repair results from an insured casualty loss (perhaps a disaster involving fire, smoke, hail, explosion, or similar cause), the period for repair does not begin until the landlord receives the insurance proceeds. This provision emphasizes that the owner of the leased premises has likely incurred significant losses of its own. In the presence of an insured casualty loss, therefore, there is a sort of grace period (while awaiting insurance proceeds) before the property can be compelled to expend its own funds. That same section, relating to casualty loss, provides that if the rental premises as a practical matter are totally unusable for residential purposes, the appropriate remedy is lease termination. If the lease is terminated, according to the TPC, the tenant is only entitled (1) to a pro rata refund of rent from the date the tenant moves out, and (2) to a refund of any security

shutterstock

You should insist upon always getting “the rest of the story.”

You should insist upon always getting “the rest of the story.” With that in mind, let us bore down somewhat into the TPC’s repair and remedy provisions. One very notable provision is contained in TPC section 92.061, entitled “effect on other rights.” That statutory provision provides that the duties of the landlord and the remedies of the tenant, as stated in TPC sections 92.051 through 92.062, are the ones which will govern the complaint of the resident. There exists many common law (i.e., those arising from the rulings of courts) and other statutory law warranties relevant to repair and remedy issues. TPC section 92.061, however, states that those found in the pertinent TPC provisions are in lieu of existing common law, or other statutory law warranties. They are also in lieu of duties of landlords for maintenance, repair, security, habitability, and non-retaliation, and remedies of tenants for violation of those warranties and duties. Stated another way, except insofar as the right to bring an action for personal injury may be concerned, all claims are to pass through the gate of the TPC repair and remedy statute and be governed by what is found on the other side of that gate. Clearly, the strict reading of TPC section 92.061 guides one to assess liability and damages nearly exclusively by the TPC provisions. Yet tenant demands under the repair and remedy statute often ignore the mandate of TPC section 92.061. The demands allege that statutes like the Texas Deceptive Trade Practices Act, and common law legal doctrines like breach of contract and constructive eviction, must be dealt with. That is rarely the case. Damage demands based upon the “M” word and environmental issues

deposit otherwise required by law. There will be situations where, following a casualty loss, the rental premises are as a practical matter only partially unusable for residential purposes. In that situation, a tenant may be entitled to rent reduction in an amount proportionate to the extent the premises are unusable because of the casualty. Proportionality is very fact specific. Seldom will a landlord and tenant agree upon the appropriate measure of damages. The statutory provision pertaining to partial useability, therefore, provides that if there is to be a rent reduction, it must be done via a judgment of a county or district court (i.e., a court of record in which the rules of evidence and procedure must be applied). A justice court is noticeably excluded from the statutory provision. While this article addresses two distinctly separate topics, in the multifamily context they unquestionably correlate with one another. The first part of this article dealt with a discussion of fungi, the “M” word, and the ambiguity which surrounds the quest for black-and-white answers. The second part of this article focused on the legal requirements imposed before a resident is entitled to remedies, monetary or otherwise, for conditions which are rarely disclosed with a proper level of detail and candor. Hopefully, some degree of comfort should have resulted from both parts of this article. Both should have clarified and emphasized that a claimant’s burden to establish causation and the right to inflated monetary damages is a formidable task. As stated earlier in the article, TRCP 509 also comes into play for a repair and remedy case. What happens under that rule is the imposition of specific pleading and proof requirements a tenant seeking monetary relief must satisfy at a trial. For example, the petition in a repair

Glass – Mirrors – Screens Window & Patio Door Frame Repairs/Replacements Bevel Strip Mirror Enhancements Custom Window and Door Screens • Window and Door Glass Replacements Delivery & Installation Available • 24 Hour Emergency Service

www.ameristarglass.com PHONE

512.910.3050 •

FAX

512.910.2003

Serving the Apartment Industry Exclusively Since 1989

and remedy lawsuit must: (1) identify all notices the tenant gave to the landlord requesting that the condition be repaired or remedied; (2) the date of each notice; and (3) the name of the person to whom the notice was given or the place where given. The plaintiff (the tenant) must also: (4) establish whether the tenant’s lease is in writing and requires written notice, (5) whether the notice actually given was in writing or oral, and (6) whether any written notice was given by certified or registered mail. In addition, the lawsuit requires the plaintiff to plead and prove: (7) whether the rent was current or had been timely tendered at the time notice relating to the adverse condition was given. There must also: (8) be detailed descriptions of the property condition that the tenant, whose physical health and safety has allegedly been impaired, seeks to have repaired or remedied. The complaining party must also: (9) make a detailed statement of the relief they request, including what orders they request the court to enter concerning repair or remedy, and set forth the amount of rent reduction they seek, the amount and basis for actual damages and civil penalties sought, and a statement as to

attorney’s fees requested, if any. In that regard, the justice court caps the total relief it may award at $20,000, including attorney’s fees. You should feel empowered by the contents of this article. It has hopefully provided insight and understanding of the most common adverse condition alleged by a tenant who seeks to terminate the lease early and without penalty, recover large amounts of monetary damages, or both. Never underestimate the importance of dissecting the demand. Insist upon details of the condition. Freely exercise your contractual rights to enter at reasonable times for reasonable business purposes. Absolutely rely upon lease provisions which state that you control whether and when inspections and repairs get done, their scope, and what contractors you will use. With your newly enhanced understanding of the key issues and obligations, you will be able to determine what tenant complaints are legitimate and need immediate attention to prevent them from getting worse. You will also be able to determine when the complainant’s demand is based on a bluff, knowing as you now do the statutory and rule provisions set forth throughout this discussion. Proceed without fear.

Never underestimate the importance of dissecting the demand. Insist upon details of the condition.

The year 2021 marks BILL WARREN’s 41st year of practicing law. His law practice focuses on a variety of issues and cases, the majority of which address the concerns of those active in the multi-family industry. He founded and manages Warren Kalyan Law Firm. In addition, he serves as Of Counsel for the Texas Apartment Association and as Legal Counsel of the Austin Apartment Association. Bill is also a Credentialed Mediator in Texas. He writes and speaks regularly, and as author of Law In Order: The Warren Report he has had over 120 articles published. His topics cover all nature of issues pertaining to rental housing, from onsite to the boardroom to the courtroom. Bill has been Board Certified in Civil Trial Law by the Texas Board of Legal Specialization for 30 years, and is also a Fellow of the College of the State Bar of Texas. He can be reached at Warren Kalyan Law Firm, 1011 Westlake Drive, Austin, Texas 78746, (512) 347-8777, or through his firm’s website at www.WarrenKalyan.com.

2021 / FALL /

2nd Annual

State of the

INDUSTRY The Austin Apartment Association’s annual State of the Industry event will provide insights into the rental housing and multifamily market, including market trends, construction and development activity, economic impacts, and more as we look to 2022 and beyond.

January 26, 2022 Sponsorships and registration opening soon. Look for details at austinaptassoc.com/signature-events

CALL FOR A FREE QUOTE (512) 893 - 5420

2021 / FALL /

PRST STD U.S. Postage PAID Permit No. 3123 Austin, TX Austin Apartment Association 8620 Burnet Rd. #475 Austin, TX 78757

Excellence in Communications Logistics Quality & Value

ASPHALT PAVING SEAL COATING ADA COMPLIANCE

CONCRETE STRIPING REPAIRS MAINTENANCE

(512)853-9009

Fall 2021 Window Magazine

Articles inside

Law in Order

Industry Update

President’s Perspective

Letter from the Editor