APARTMENT NEWS
JANUARY/ FEBRUARY 2019
The official publication of the Arizona Multihousing Association
INTRODUCING THE 2019 AMA BOARD OF DIRECTORS
12 Q&A with the 2019 board chair 16 Bring your best case to court 20 Education & events calendar 25 What’s up down in Tucson
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A banner year for the AMA As I pass the torch to 2019 AMA Board Chair John Carlson, I want to thank members and leadership alike for their great support as I took over this important role in May. The year ended with a flourish as the multi-housing industry continued its unprecedented growth in Arizona. Metro Phoenix remained high in the multi-family cycle as new residents and jobs poured into the Valley. It was also a year of transition and change for AMA. We welcomed Courtney LeVinus as our new President/CEO. She has a vision that everyone on the board embraces and is eager to carry out. AMA’s new executive team impressed me with its unity and forward-thinking approach. As we enter 2019, look for new and exciting initiatives from the leadership team. Thanks to Chris Evans for serving two years as Immediate Past Chair, seven years on the AMA Executive Committee, and mentoring me through my brief tenure as chair. I would also like to thank the Board of Directors for its commitment and patience. It has been a great experience serving as Board Chair. Amy Smith Montoya, thank you for your devotion by extending your role as Board Chair through May to assist with the new leadership transition. Congratulations and good luck, John, as you assume the mantle as Board Chair. Thank you for joining the executive committee and accepting the Vice Chair position mid-year and assuming our leadership for 2019. It will be an even greater year in 2019 for the AMA. – Nicole Wray, 2018 AMA Board Chair, Greystar Real Estate Partners
818 N. 1st St., Phoenix, AZ 85004 phone: 602-296-6200 fax: 602-296-6178 2019 AMA BOARD OF DIRECTORS EXECUTIVE COMMITTEE Secretary, Reid Butler Chair, John Carlson Butler Housing Company Mark-Taylor Residential Imm. Past Chair, Nicole Wray Vice Chair, Wendy Weiske Greystar Real Estate Partners Dunlap & Magee Treasurer, Kim Pacheco AMC Exec., Adam Greco Scotia Group Management Burns Pest Elimination BOARD OF DIRECTORS Elizabeth Beaulieu Omar Mireles Quarterpenny Management HSL Asset Management Krisanne Beckstead April Morris Picerne Real Estate Group Cox Communications Lauren Borgeson Melanie Morrison Mark-Taylor Residential EB Management Services Lesley Brice Gloria Munoz MC Residential Maricopa County Housing Sue Campbell Lisa Osborn-Warne Redi Carpet Priderock Capital Partners Scott Clark Kevin Ransil Law Offices of Scott M. Clark JLB Partners/JLB Residential Linda Coburn Rich Renta NexMetro Development Weidner Scott Cook John Rials Shelton-Cook Real Estate Western Wealth Capital Services, Inc. Lisa Rosenfeld Crystal DeHoag HSL Asset Management Bella Investment Group Mark Schilling Kohl Eisenhour MEB Management Services Avenue 5 Residential Tina Schreiber Kimberly Fitch Alliance Residential Company Nicolosi & Fitch, Inc. Stacey Searl Tim Furnas Weidner Valley Wide Security Christine Shipley Shelly Griggs Dunlap & Magee Baron Michelle Sinclair Danny Harris MC Residential CoStar Justin Steltenpohl Robert Hicks P.B. Bell Companies Alliance Residential Company Greg Stobart Scott Hines MG Properties PEM Real Estate Group Carmen Suggs Stacey Hogue ConAm Greystar Real Estate Partners David Vanek Susan Knowles Greystar Real Estate Partners J.R. McDade Luis Verger Matt Koglmeier Shelton-Cook Real Estate Koglmeier Law Group Services, Inc. David Kotin Debbie Willis Kay-Kay Realty P.B. Bell Companies Jim Kowalski Mark Zinman Kowalski Construction Williams, Zinman & Parham, PC Dustin Lacey Mark-Taylor Residential azmultihousing.org
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TABLE OF CONTENTS JANUARY/FEBRUARY 2019
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ALL PHASES OF PEST CONTROL
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Q&A With Mike Clow, 2019 NAA Board Chair
8 Doubling Down: 2019 Policy Priorities
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• Bed Bugs • Pigeon Control • Bee Service/ Emergency
10 Multifamily Values: Metro Phoenix a Robust Market
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14 Southeast Valley Shindig
• Roach Control/ Programs
12 Q&A With John Carlson, 2019 AMA Board Chair
Residential
• Scorpion Control • Rodents, Gophers, Wasps
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16 Bring Your Best Case to Court 18 AMA Patron Profile 20 Education & Events Calendar 25 What’s Up Down in Tucson
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27 Maintenance Mania Recap
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Apartment News | January/February 2019
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New board to lead by example I am deeply honored to serve as the new Chair of the Arizona Multihousing Association Board of Directors. 2019 marks the 52nd year of the AMA taking a leadership role in shaping the success and progress of our industry. As I reflect on our long history and countless organizational accomplishments, I cannot help but draw inspiration from the unyielding dedication and hard work it took to achieve them. I would like to personally thank all of our previous leaders for their contributions and for making our future successes more attainable. Now more than ever the AMA is operating from a position of strength in terms of financial stability, operational discipline, and forward-thinking organizational leadership. Steady and continued growth has been a hallmark of that strength. We are now the fourth largest trade association in Arizona and one of the nation’s largest NAA affiliates. This type of foundation bodes well for future successes.
As incoming Chair, I seek to accelerate the significant momentum created by Board of Directors and Committee Chairs of the past by amplifying our association’s impact, prominence, and importance. My priority is to energize the Board of Directors and our fellow members.” –J ohn Carlson
To borrow a phrase, “good to great,” the organization is poised to elevate education, advocacy of industry interests, networking, and events to the next level. Our 2019 education calendar is stellar. The Tribute Awards process is already being enhanced through more objective processes with an emphasis on identifying the most qualified winners in each category. It will take concerted effort and discipline to improve what I would deem AMA areas of strength, but it can be done. We cannot stop improving. Moving forward, we will continue to need everyone in the membership to be fully supportive and engaged. Through common attributes including energized leadership, shared vision, and a collective commitment to continuously improve the organization, I’m excited about what we will accomplish together. – John Carlson, AMA Board Chair, Mark-Taylor Residential
2019 AMA Board Chair
The depth and experience of our existing membership is a signature strength. An energized AMA, with a focused goal of driving engagement, connection, and candor will most certainly build membership value and underpin expansion of additional memberships statewide. Although much has been accomplished in the past 52 years, we need to be even more strategic in an ever-fluid business environment. Continued success means enhancing our organizational strengths in conjunction with better identifying emerging threats before they occur.
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Q&A with ‌
Mike Clow, CPM | 2019 NAA Board Chair
By Peter Madrid
Mike Clow, CPM, Executive Director | Greystar, is the 2019 National Apartment Association (NAA) Board Chair. He sat down for a Q&A with Apartment News to discuss his role and his vision for NAA, the leading voice for the apartment housing industry. Q: What was your involvement with NAA and how did it lead you to your role as incoming Board Chair? A: I started attending NAA meetings in 2008. I worked my way up to a regional vice president and represented multiple states in Region 7, of which Arizona is part. After five years as RVP I applied to be an officer. I started as NAA Secretary and co6
Apartment News | January/February 2019
chaired the National Education Conference and Expo in Las Vegas. In 2015 I became NAA Treasurer and co-chaired the Budget Finance Committee. I moved up to Vice Chair and in 2018 I was named Board Chair. Q: What will be your primary responsibilities as NAA Board Chair? A: I will be the volunteer leader to oversee a board of directors of 39 individuals around the country. My job is to work with the paid staff, President, and CEO of the NAA in Arlington, Virginia. I will provide oversight and provide guidance to the NAA staff. I will represent the industry in Washington, D.C., and quoted in various national articles. I will be the spokesperson for the association. I will go to Arlington about three to four times a year and plan to visit Capitol Hill in March. It’s about a 30-day-a-year commitment.
Q: How will this position benefit AMA and its membership? A: It’s good for the AMA in that I will be the second national chair from Arizona. Tom Shelton was NAA Board Chair 2003. It’s good recognition for Arizona. It’s a good spotlight to be in. It’s another compliment to the great work and history of the AMA more than 40 years of existence. It’s good for me, and really good for Arizona. Q: Multifamily is one of the hottest property types in the Valley. How long do you see this cycle continuing? A: I’ve been doing this for long enough and have been through three cycles. I was around during the RTC in the late 80s, the ‘dot coms’ in the early 2000s, and the housing crises in 2007 and 2008. In most cases there was a reason that put us there. Low money became available; there was a tax change in 1986. Projects got built because there was money and they had a rent level that made them attractive. Today I don’t see the rapid availability of free cash. All these going up have to make sense. To use a sports analogy – what inning are we in? We’re in a doubleheader. Maybe the third or fourth inning. This cycle the jobs are more diverse over several sectors. Those jobs are not just construction jobs. We have a more diverse economy as well. Compared to our peer groups in the West and Southwest, Phoenix and Arizona are still very affordable. To employers we are very attractive as one of most affordable states in the U.S.” Q: Affordable workforce housing is needed not just locally but nationally as well. What do see as possible solutions to this issue? A: There will always be challenges or dilemmas when it comes to how much government intervention you have or how much public/private interaction you have. A lot of what we try to do is support private activities; let the builders and
I’m excited for the next year, I’m excited to represent you; I’m proud to be an Arizonan.”
–M ike Clow speaking at his induction ceremony at the 2018 NAA National Conference at the Arizona Biltmore
developers build to help the (affordable housing) situation. We must have programs to help in the long term. We also need a supply that meets demand. In that regard, Arizona is in good shape. Q: What are you most looking forward to in your role as NAA Board Chair? A: I’m looking forward getting out and meeting the affiliates – state and local associations across the U.S. I’m also looking forward to representing the AMA and my employer, Greystar. About NAA The National Apartment Association (NAA) serves as the leading voice and preeminent resource through advocacy, education and collaboration on behalf of the rental housing industry. As a federation of nearly 160 affiliates, NAA encompasses more than 75,000 members representing more than 9.25 million apartment homes globally. NAA believes that rental housing is a valuable partner in every community that emphasizes integrity, accountability, collaboration, community responsibility, inclusivity and innovation. To learn more, visit www.naahq.org.
bio: Mike Clow is Executive Director of real estate operations of the Western U.S. for Greystar. His portfolio includes Arizona, Washington, Oregon, California, Hawaii, Nevada, New Mexico, Colorado, Utah, Idaho, and North Dakota. He has been active in the multifamily industry since 1989. Prior to joining Greystar in 2008, Mike was a principal with Gray Clow Residential where he developed, managed, and sold more than 7,500 units. He also served as division vice president of BRE Properties, a broker with CBRE, and a regional manager with Evans Withycombe. Mike holds a BS degree in management and an MBA from Arizona State University. Mike holds a CPM designation from the Institute of Real Estate Management (IREM) and an active real estate broker’s license in Arizona.
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Legislative Update
Doubling Down AMA will focus on two policy priorities for 2019 as legislators return to work By Jake Hinman
With the Arizona Legislature back in session, the AMA will focus its lobbying efforts on two proactive bills in 2019. Both bills will amend the Arizona Landlord and Tenant Act to clarify certain areas of the law.
The Arizona Landlord and Tenant Act (A.R.S. §§ 33-1301 through 33-1381, the “Act”) governs the rental of dwelling units and the rights and obligations of landlords and tenants. The Act was codified by the legislature to simplify, clarify, modernize and revise the law and to encourage landlords and tenants to maintain and improve the quality of housing. Arizona’s Act was modeled upon the Uniform Residential Landlord and Tenant Act (“URLTA”) created in 1972 by the National Conference of Commissioners on Uniform State Laws. Most states have adopted all or part of URLTA with Arizona being the first state to adopt the model Act. The purpose of the URLTA was to eliminate all elements of outmoded common law from the landlord-tenant relationship and base all phases of the rental agreement on contract law.
Recent court decision changes the rules after 45 years The Act specifies a landlord’s obligations as it relates to accepting a partial payment of rent from the tenant and asserts 8
Apartment News | January/February 2019
that landlords are not required to accept a partial payment of rent. However, if the landlord accepts the partial payment of rent, in the absence of a contemporaneous agreement in writing wherein the tenant and landlord agree to the terms of the tenant’s continued tenancy and the remaining balance owed, then the landlord waives the right to terminate the rental agreement for the (non-payment of rent) breach. The Act defines “rent” as payments to be made to the landlord in full consideration for the rented premises. Many landlords in Arizona accept Housing Assistance Payments (“HAP”) from Public Housing Agencies (“PHA”) as provided under a federal program administered by the federal department of Housing and Urban Development known as the “Housing Choice Voucher Program” (also known as “Section 8”). These payments are used to subsidize a tenant’s monthly rent. Historically, Arizona Justice Courts have never considered a Housing Assistance Payment by a PHA to be rent. Instead, the courts have traditionally recognized that the HAP contract is between the landlord and the PHA (not the landlord and tenant), and most importantly, the tenant is not responsible for payment of the portion of rent to the landlord covered by the HAP contract. Since the tenant has no personal liability to the landlord for the portion of the total monthly rent paid by the PHA, the landlord’s acceptance of that portion does not trigger the partial payment of rent waiver found in A.R.S. § 33-1371(B). Or at least that was the general rule for the past 45 years.
Recently, however, a Superior Court ruling upended this traditional understanding of the relationship between the landlord, tenant and the third party. The court determined that when a landlord accepts any portion of rent due on a tenant’s account (even if the source is from third party provider) then the landlord has waived the right to sue on that breach. The court noted that the statute is silent as to the source of the payments.
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So, what is the effect of the court’s ruling? Simply stated, the court’s ruling puts the future of the Housing Choice Voucher Program in serious jeopardy, ultimately making access to housing less attainable for families. If landlords’ rights are limited and they are no longer able to terminate a rental agreement due to non-payment of rent or for health and safety violations, then landlords will very likely withdraw from the various government sponsored rental assistance programs. Unfortunately, the court’s decision put landlords and tenants alike in a precarious position and leaves those whom rely on these rental assistance programs without adequate housing options. Proposed legislation will cure adverse court ruling The AMA’s proposed bill will fix this unfortunate ruling by the courts. The proposed bill will clearly define a “Housing Assistance Payment” as any payment made to the landlord, whether in full or partial satisfaction of amounts owed in consideration for the rented premises, paid by a government agency or any third party. The definition is important as it will capture both government and non-profit housing providers. The bill then clearly exempts any landlord that receives a housing assistance payment from the partial payment waiver in A.R.S. § 33-1371.
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Multifamily Values Metro Phoenix will continue to be a robust market for apartment communities By Peter Madrid
Excellent demographics. Some of the best job growth in the country. Steady, stable increases in population. Affordability.
With a brisk tailwind behind it, Metro Phoenix in 2019 will continue to be one of the most robust markets nationally for multifamily communities. According to Fannie Mae’s Multifamily Economics and Market Research, the Valley’s economy is moving beyond its reliance on single-family construction. It is now ideal for the relocation of finan10
cial and professional services. This surge, Fannie Mae reports, is also boosting jobs in the retail, hospitality, construction, and healthcare sectors. All of this bodes well for the Valley, which has more than 15,737 multifamily units under construction. “With more job diversification and growth in healthcare, financial, and tech sectors, we are less prone to the significant peaks and troughs economically speaking in years past,” says John Carlson, 2019 AMA Board Chair and President of Mark-Taylor Residential. “We simply have a better economic footing than in cycles of the past.
Apartment News | January/February 2019
“Of course, we still face some issues, including affordable land, labor shortages, and increased construction costs. The tailwinds moving forward will continue to be demographics, a strong business climate, and job growth,” he says. Just look across the Valley and chances are you will see a multifamily construction site. What’s in the pipeline:
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I n the West Valley, at least 25 apartment communities are planned or going up as that submarket responds to increased demand for rentals. The multifamily developments could add more than 5,000 units to the region.
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I n the East Valley, the Pacific Proving Grounds master planned community in Mesa will deliver and estimated 3,500 units.
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cero Estrella Commons, a 352-unit A multifamily community, will open in 2020 in Goodyear.
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Florida billionaire is jumping into A the Arizona market with plans to develop $500 million worth of multifamily projects. The company is eyeing locations in Tempe, Scottsdale, Downtown Phoenix, and Deer Valley.
n Lennar
Multifamily Communities acquired two office buildings on 4.17 acres within the Kierland development in Phoenix with plans to demolish them and build a luxury apartment community on the site.
BY THE NUMBERS:
$13.1 billion
7,500
91%
Since 2000, the amount spent on multifamily projects in Phoenix. According to a report from Apartment List, the Valley ranked 10th highest among all major U.S. metros during the period from 2000 to 2016.
The number of multifamily units that came online in Metro Phoenix in 2018, according to Yardi Matrix. It represents a 15 percent increase from 2017.
Between 2005 and 2016, this percentage of all newly formed households were renters.
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Q&A with …
John Carlson | 2019 AMA Board Chair
By Peter Madrid
John Carlson, President of Mark-Taylor Residential, takes the reins as 2019 AMA Board Chair. He will lead a board that is 50 members strong in an industry that has seen tremendous growth in Arizona, particularly in the Valley. He sat down for a Q&A with Apartment News to discuss his new role. 12
Apartment News | January/February 2019
Q: How long have you been involved with AMA and what was your path to taking over as 2019 Board Chair? A: I first got involved in 2010 and chaired my first committee – the Education Committee – in 2011. We were making a transition from more in-person classes to more online-focused classes. There were some hiccups along the way but we overcame them. I chaired the Government Affairs Committee in 2014 and 2015 and became Vice Chair in 2018.
Q: What are your priorities and what are your goals for the AMA as its 2019 Board Chair? A: One of the things about a board this size is it understands the timing of the market. Things are going very well. Right now, we are coming from a position of strength in terms of financial stability, operational discipline, and forward-thinking organizational leadership. As incoming Chair, I seek to accelerate the significant momentum created in the past by amplifying our association’s impact, prominence, and importance. My goal is to drive engagement, connection, and candor. This will undoubtedly build membership value and underpin expansion of additional memberships statewide. In an effort to move the organization from “good to great,” we introduced a new approach for 2019 and beyond at the 2018 board retreat. We introduced a “pod” approach; break down the 50 members into six pods. We identified three core areas of focus for the industry moving forward or “big rocks.” These “big rocks” include education, engagement, and the Tributes. The expected benefits in creating a “little” team inside a “big” team will include increased connection and commitment as well as increased efficiency and speed to generate solutions. A new structure is never easy, but with a concerted effort and discipline to improve, we will succeed. As an organization, we cannot stop improving. Q: What do see as the top issues facing the apartment industry? A: For us right now it’s the negative perception coupled with negative reporting as it relates to evictions and the landlord being the big, bad guy. This perception is not just a statewide issue but a national issue as well. As landlords we make a concerted effort to work with each one of
our residents when an issue occurs. We want everyone of our residents to have a safe and comfortable place to call home. If you were able to spend some time with management teams on-site or even talk to the majority of residents, the lifestyle and overall experience is very positive in nature. Living in apartments is also no longer perceived as negative.
than generations of the past. Single family home permits are also a factor and not as high as they once were. As far as occupancy and operations, 2018 will go down as one of the best years on record in the Phoenix Metro.
Demographics are strong in terms of the Millennial population coupled with Baby Boomers. Both segments of the population are renting by choice. Gone mostly is the perception of ‘Oh, you’re a renter.’ Today there is a cool factor. It’s a lifestyle. We are hopeful it will continue.” –J ohn Carlson 2019 AMA Board Chair
If you drive around Metro Phoenix or tour a new community, the level of product being delivered is quite remarkable. The multifamily product in general is significantly different from what was being built 10 years ago. The overall experience for a renter is just better today and we will do our best as an industry to make sure this continues through 2019 and beyond. Q: Multifamily is one of the hottest property types in the Valley. How long do you see this cycle continuing? A: We have been in a strong cycle post Great Recession. Many casual observers ask, “Are we overbuilding?” People see construction all over the Valley and probably think so. Apartment demand is all about job growth. There is still a lot of runway ahead operationally. Demographics also plays a large role and that includes both the Baby Boomers and millennials. Baby Boomers are seeking out turnkey apartment solutions, and millennials are starting families later
bio: John Carlson, President of MarkTaylor Residential, is responsible for all operations, property portfolio performance, strategy, execution, new business development and growth. He has been with Mark-Taylor – one of the largest apartment developers and property managers in the Western U.S. – since 2002. He was promoted to asset manager in 2004, vice president in 2008 and president in 2016. His diverse background includes onsite property management, financial, and operational management. John is a licensed real estate agent in the state of Arizona and a member of the National Multihousing Council (NMHC). He is the 2018 Vice Chair of the AMA and Chair-elect of the AMA in 2019. He received a Bachelor of Science degree from Concordia College.
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Associate Member Council Recap
Southeast Valley Shindig Tuscany Palms Apartments In Mesa host October AMC By Adam Grecco
Our thanks to Tuscany Palms Apartments and BH Management Services, LLC for hosting the October 2018 Associate Member Meeting. We had more than 50 associate members in attendance who enjoyed light refreshments and networking in the newly-renovated outdoor social center. Carol Murray, Regional Manager and Crystal Duran, Tuscany Palms Property Manager, welcomed our associates and 14
encouraged all to contact any of the BH Property Managers, or BH Regionals to be added to our vendor list. Tuscany Palms is a 582-unit apartment community located at 901 S. Country Club Dr., in Mesa, Arizona. The community was built in 1987. It offers studios, 1x1s and 2x2s. Through the years, ownership groups have renovated the community, each time enhancing the work completed by the previous owner. BH Management Services, LLC partnered with an existing client to purchase Tuscany Palms in July 2017 as part of the fast-growing BH Phoenix portfolio.
Apartment News | January/February 2019
As with previous owners, the BH partnership immediately began renovating the community both inside and out. The BH upgrades include:
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resort-inspired pools with gazebos
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State-of-the-art fitness center
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Canopied playground
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utdoor social center with fire pits, picnic tables, O and grilling stations
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Sport court area
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Furry friend park with seating
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Remodeled laundry facility with smart card machines
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Improved exterior lighting
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Landscape enhancements
Anyone who has lived or worked in the East Valley for any length of time is familiar with Tuscany Palms and can attest to the “wow” factor as result of the BH renovations. Please stop by any time and see for yourself.
BH Management Services, LLC is a Des Moines, Iowa-based management company with 200 communities in 20 states and corporate offices in Atlanta, Texas, and Phoenix. BH Management Services, LLC has owned/managed four apartment communities in the Valley for approximately four years. In 2016/2017, BH added 13 properties to its Phoenix portfolio bringing the total to 17 communities (6,091 units). Looking forward to future, the BH acquisition team is monitoring the Phoenix market closely with the intent of adding additional communities. The BH Management Services, LLC team is looking forward to becoming a bigger part of the AMA family.
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Legally Speaking
Bring your best case to court A rise in appeals should serve a reminder to landlords who are unfamiliar with the rules By Mark B. Zinman, ESQ.
Landlords unfortunately have to know a lot of information about the eviction process. They know about service of the notice and attending the trial if a defense is raised by the tenant. However, most landlords do not know about the appeal rights that tenants have. This causes problems when a tenant files an appeal and seeks to delay the writ of restitution. In any civil or criminal case, a party always has the right to appeal the trial court’s decision. Contrary to what many people believe, an appeal does not allow a person to have a new trial and present all of their evidence to a new court. Appeals are handled primarily upon legal briefs written by the parties. The party appealing (in most evictions this 16
is the tenant) bears the burden of convincing the higher court that the trial court made a factual or legal error based upon something that happened before or during trial. The appellant is generally not permitted to introduce new evidence or new legal arguments. The responding party (landlord, in our cases) submits their arguments in brief form as well, responding to the arguments raised by the appellant, and explaining how the trial court made the proper decision. Within five days of judgment being rendered, a tenant has to file his or her Notice of Appeal. This is a document informing the court and the landlord that the tenant is appealing. The Notice does not contain any legal arguments. At the time the Notice is filed, the tenant must pay a $250 cost bond to cover some of the costs the landlord will incur on appeal. If the tenant wishes to stay in the prop-
Apartment News | January/February 2019
erty during the appeal, they have to pay a second bond (called supersedeas) in an amount to be determined by the trial court. This can often be hundreds or thousands of dollars, depending on how the bond is calculated by the court. The bonds are generally held by the court during the appeal. Except in limited circumstances, if the second bond is paid, the tenant is then allowed to stay until the next rental period. The tenant has to begin paying into the court the monthly rental value. If the rent is timely paid, then the tenant is permitted to stay for that month. Unlike
the bonds, the monthly rent is disbursed to the landlord during the appeal.
eight months before we get a ruling from the appellate court.
After the Notice has been filed, the tenant has 60 days to file his or her written brief explaining all of the factual and legal errors the trial court made. This generally requires appellants to provide specific references to the record and include legal arguments.
As most evictions are heard in Justice Court, the appeals are heard by Superior Court. There is one Superior Court Judge that hears all eviction appeals. A new judge has recently been assigned to this work, and has taken a very proactive approach to appeals.
From the date it is filed, the landlord has 30 days to file a response brief including factual and legal arguments. After both briefs have been filed, the case is then transferred to the Superior Court, which will require both parties to pay the appeal fee.
Based upon our tracking of that judge, it appears that the judge is commonly remanding cases based upon what the trial court did. If this happens in your case, this means that you could be stuck with a tenant that previously breached his lease by failing to pay rent or commit some other noncompliance.
While this process should be relatively fast, due the high volume of appeals, the process of transferring the case, sending out the demand for appeal fees, and then assigning the case now takes several months. Therefore, it is often around
It is because of this that landlords must understand how important trials are and how important it is that all evidence is properly submitted at trial. For example, it is not enough that other tenants have
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complained to the landlord of an incident on property – that is hearsay and the landlord can’t testify about that in court. The other tenants must come to court to testify about what they saw. When there are documents which are relevant, such as pictures, written notices and even text messages, those must be printed and in a form that can be given to the judge. This ensures the best likelihood of success in your case. Remember, everything done in a courtroom is done to protect your rights, not just at trial, but on appeal as well.
Mark B. Zinman is an attorney with Williams, Zinman & Parham, P.C. He is a past and present board member with the AMA. He may be reached at 480-994-4732.
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AMA Patron Profile Cox Communications 1550 W. Deer Valley Rd., Phoenix, Ariz., 85027
By Peter Madrid
For more than 25 years, one
nology becoming an integral amenity for residents who live in apartment communities, Cox is ready to meet those demands and provide cutting-edge service to those residents.
name has been synonymous with AMA’s two major events, the annual Tribute Awards and the annual golf tournament:
She noted that Cox is investing $10 billion in infrastructure over the next five years to help create smarter properties and cities of the future.
Cox Communications has been an AMA Patron for 26 years, a collaboration that has mutually benefited both entities. “It’s really an invaluable relationship. It’s a true win-win. Our organizations have remained aligned on key community values like education and diversity,” says April Morris, Sales Manager for Cox’s Arizona MDU. “The partnership has helped support Arizona business owners and residents. “It also allows Cox to have an open line of communication with the multihousing industry and customers so we can continue to stay ahead of the needs of Arizonans,” Morris adds. Cox has made a direct impact on AMA’s members through its involvement with the Tribute Awards and the golf tournament. Last year’s event at Starfire Golf Club in Scottsdale was a success. “These two events are amazing. We truly enjoy collaborating with the AMA each 18
Residents want to be connected when they move in..” –A pril Morris Sales Manager, Cox Arizona MDU
year on both the Tribute Awards and the golf tournament,” Morris says. “We’ve always seen it as a good fit. The members of my team really enjoy the opportunity to partner with the AMA and the apartment community on two events that create a lot of buzz in the industry.” Morris says Cox also enjoys its role as an advisory group to the AMA. With tech-
Apartment News | January/February 2019
“According to the latest National Multifamily Housing Council research on top amenities, high speed broadband is the No. 1 amenity out of the top 50 that attract residents,” Morris says. “To that end, Cox is continuing to aggressively invest in our network and roll out the latest technology. Gigabit speeds are now available to 90 percent of residents in our service footprint.” What trends does she see affecting apartment community residents and how is Cox making an impact? Morris points out two of them. “Residents want to be connected when they move in,” she says. “We are offering Quick Connect which enables movers to have a frictionless move-in experience. Quick Connect provides ‘always on’ Internet to new residents to remove a critical item from their moving to-do list. Cox Homelife offers advanced security and automation to round out the amenities for a smart property.”
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Education & Events Phoenix Education Classes Classes at the AMA Gallery, 818 N. 1st Street, Phoenix, 85004 R410A Conversion Jan. 15 and March 7, 9 a.m. to noon New to using R-410A? This course will cover safe handling, training, and certification for using R-410A. This session will also offer an EPA 609 testing session immediately following the R-410A course. (prep manual required) $30 members/$45 non-members Pool 101 Jan. 22, 9 a.m. to noon This three-hour Pool and Spa 101 course was designed as an overview and refresher to help you prepare for the busy pool season. The course covers safety and best practices, liability and risk management, chemical testing and water balance, filtration systems, and mechanical maintenance. It will provide you with a few tips and tricks. This course is NOT intended to replace the CPO course or local county training and does not provide a national certification. $30 members/$45 non-members Fair Housing Jan. 23 and Feb. 21, 9 a.m. to noon For rental property owners and managers, understanding and complying with fair housing laws and the American with Disabilities Act (ADA) is more important than ever. This interactive course will provide an overview of fair housing and ADA law and investigative procedures. This course is taught by an AMA attor20
ney. Get your NALP, CAM, CAPS and Real Estate CECs $30 members/$45 non-members Certified Apartment Maintenance Technician (CAMT) Feb. 6 and 7; 13 and 14 Launch your career by receiving your Certified Apartment Maintenance Technician (CAMT) certification. Earning your CAMT validates your knowledge, enhances your reputation and credibility, boosts your confidence, and earns you respect. Maintenance expenses are the single largest controllable element in any operating budget. This course acts as an introduction for new maintenance professionals or as a refresher for the veteran. This program is a total of four
Apartment News | January/February 2019
(4) days and attendance for all classes is mandatory. Scholarships are available— visit the AMA website at www.azmultihousing.org/ama-scholarships.html for more information. $600 members/$825 non-members Lyceum Day 1: Navigating the AMA System Feb. 15 The AMA Lyceum is a yearlong volunteer leadership development program that focuses on the essential elements of successful leaders. It is designed to identify, inform and empower new and emerging apartment association volunteer leaders. Several Lyceum graduates recently joined the AMA Board of Directors. Registration required. Class limited.
HVAC Safety Feb. 19, 9 a.m. to noon These classes are designed with the maintenance professional in mind. Instructors will review safety concerns when dealing with a specific area of maintenance responsibilities as well as review troubleshooting and tips within the specific field. $30 members/$45 non-members Arizona Landlord Tenant March 6, 9 a.m. to noon Knowing how to use and comply with state law that governs all rental housing operations can save time, make you money, and minimize legal difficulties. This is a must for any property owner, community manager, and leasing consultant. You’ll review the revised law, which outlines the rights and responsibilities for both landlords and renters. Time will be allocated for audience questions and answers. Get your NALP, CAM, CAPS and Real Estate CECs.
The CAM Program consists of eight modules plus a comprehensive two-part certification exam. Get your real estate CECs. $895 members/$1,125 non-members
$30 members/$45 non-members Certified Apartment Manger (CAM) March 11 and 15, 9 a.m. to 5 p.m. Earning your Certified Apartment Manager credential allows you to demonstrate that you have the knowledge and ability to manage an apartment community and achieve owners’ investment goals. You’ll learn about comprehensive marketing plans, resident retention, contractors and vendors, resident communication, preventative maintenance programs, accounting principles and practices, employment regulations, maximizing property performance and income, and many more topics vital to successful apartment management.
Appliance Repair March 21, 9 a.m. to 11 a.m. This hands-on course will cover electrical safety, lock out/tag out, how to read a wiring diagram, operating cycles, troubleshooting, common repairs, and preventive maintenance for kitchen and laundry appliances. $30 members/$45 non-members
Events Plumbing Basics March 19, 9 a.m. to 11 a.m. Plumbing is one of the most commonly requested repairs in our industry. During this course, we will cover plumbing safety, lock out/tag out, PPE, water heater installation and maintenance, preventive maintenance, isolation valves, mapping your utilities, locating sewer odors, boiler operation, and slab leaks. $30 members/$45 non-members
Jan. 24, 3:30 p.m. to 6:30 p.m. Dinner Meeting, Phoenix Country Club, 2901 N. 7th St. $69 members Feb. 21, 3 p.m. to 5 p.m. AMC Meeting, First Place Communities, 3001 N. 3rd St. March 28, 10 a.m. to 3 p.m. Phoenix Reverse Trade Show, Phoenix Convention Center, South Building Free for Regular Members; $350/Associate team of 1 or 2 people azmultihousing.org
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Education & Events Flagstaff Plumbing Basics March 19, 9 a.m. to 11 a.m. Coconino Center for the Arts, 2300 N. Fort Valley Rd. Plumbing is one of the most commonly requested repairs in our industry. During this course, we will cover plumbing safety, lock out/tag out, PPE, water heater installation and maintenance, preventive maintenance, isolation valves, mapping your utilities, locating sewer odors, boiler operation, and slab leaks. $30 members/$45 non-members
Tucson Education Classes All classes are $30 for members/$60 non-members Fair Housing Jan. 10, 9 a.m. to noon Big Heart Coffee, 4802 E. 22nd St. For rental property owners and managers, understanding and complying with fair housing laws and the American with Disabilities Act (ADA) is more important than ever. This interactive course will provide an overview of fair housing and ADA law and investigative procedures. This course is taught by an AMA attorney. Get your NALP, CAM, CAPS and Real Estate CEC’s 22
Electrical Troubleshooting Jan. 17, 9 a.m. to noon Goodman Training Center, 2502 N. Jackrabbit Ave. This introductory/refresher course will cover electrical safety, lock out/tag out, PPE, color coding, wire sizing, wire type and its applications, troubleshooting basic circuits and components, preventive maintenance, and Ohm’s law and how to use it. Appliance Repair Feb. 5, 9 a.m. to noon Goodman Training Center, 2502 N. Jackrabbit Ave. This hands-on course will cover electrical safety lock out/tag out, how to read a wiring diagram, operating cycles, troubleshooting, common repairs, and preventive maintenance for kitchen and laundry appliances. Conflict Resolution 101 Feb. 26, 9 a.m. to Noon Our Family Services, 2590 N. Alvernon Way This course has been designed specifically for our association to help overcome conflict in the office, with residents or even at home. Combining skills and concepts taught over several in depth workshops offered at Our Family Services; this course will give you key take aways to implement immediately in a condensed version applicable for managers or anyone dealing with conflict. Arizona Landlord March 7, 9 a.m. to noon Big Heart Coffee, 4802 E. 22nd St. Knowing how to use and comply with state law that governs all rental housing operations can save time, make you money, and minimize legal difficulties. This is a must for any property owner, community manager, and leasing consultant. You’ll review the revised law, which outlines the rights and responsibilities
Apartment News | January/February 2019
for both landlords and renters. Time will be allocated for audience questions and answers. This course is taught by an AMA attorney. Get your NALP, CAM, CAPS and Real Estate CEC’s Pool Troubleshooting March 26, 9 a.m. to noon Goodman Training Center, 2502 N. Jackrabbit Ave. This course will review the technician’s role in pool care and management, risk reduction, and common maintenance issues. This is not a pool certification course. Rather, it is designed as an introductory course or refresher in dealing with common pool maintenance issues.
Events Jan. 17, 5 p.m. to 7:30 p.m. Dinner meeting, Radisson Suites Tucson, 6555 E. Speedway Blvd. $59 members/$79 non-members by January 11; $79 members/$99 non-members after Jan. 11 Feb. 7, 5 p.m. to 7:30 p.m. Cocktails & Camaraderie, Sentinel Peak Brewery, 4746 E. Grant Rd. Sponsors $125 ($150 after Jan. 25), Attendees $25, Associate members must sponsor to attend. Feb. 26, time TBD AMC Meeting, Location TBD March 16, 8 a.m., registration; 9 a.m., race Big Hearts Fun Rainbow Run at Reid Park March 21, 5 p.m. to 7:30 p.m. Dinner meeting, Radisson Suites Tucson, 6555 E. Speedway Blvd. $59 members/$79 non-members by March 15; $79 members/$99 non-members after March 15
You save. Residents save. Everyone wins. Ready to reap the rewards of an energy-efficient building? The Multifamily Energy Efficiency Program offers you and your residents ways to save energy and money. We can help design your new community energy-smart from the start or provide free energy-saving products to retrofit existing units. For even more ways to save, explore our HVAC replacement program.
To learn about your options, visit aps.com/multifamily or call 855-733-1117.
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THANK YOU
PATRON MEMBERS! PLATI N UM
818 N. 1st St., Phoenix, AZ 85004 phone: 602-296-6200 fax: 602-296-6178
G O LD
SI LVE R
For more information on how to become a patron member of AMA, please contact Michelle Rill, mrill@azmultihousing.org, 602-296-6205. 24
Apartment News | January/February 2019
AMA STAFF Sharon Hosfeld Courtney Gilstrap LeVinus Manager of Community Outreach President and CEO & Smoke-Free Community Coorclevinus@azmultihousing.org dinator Phone: 602-390-1398 shosfeld@azmultihousing.org Erika McDowell Phone: 602-296-6214 Director of Operations Aine Fitzgerald Coleman emcdowell@azmultihousing.org Communication and Community Phone: 602-296-6210 Outreach Administrator Michelle Rill acoleman@azmultihousing.org Director of Membership, Events & Phone: 602-296-6204 Education Lisa Garcia mrill@azmultihousing.org Accounting and Operations Phone: 602-296-6205 Administrator Lauren Romero lgarcia@azmultihousing.org Tucson Area Association Executive Phone: 602-296-6207 lromero@azmultihousing.org Phone: 520-323-0643 Shawn Kowalski Fax: 520-447-7747 Membership Administrator skowalski@azmultihosusing.org Amanda Perkumas Phone: 602-296-6202 Assistant to Tucson Area Association Executive aperkumas@azmultihousing.org Phone: 520-323-0643 AMA CONTRACTORS Capitol Consulting – Government Jack Horton Relations Government Affairs Consultant Courtney LeVinus jack@azcapitolconsulting.com Government Affairs Consultant Phone: 602-712-1121 courtney@azcapitolconsulting.com MadridMedia – Public Relations/ Phone: 602-390-1398 Communications Jake Hinman Peter Madrid Government Affairs Consultant Owner, MadridMedia jake@azcapitolconsulting.com ptmadrid1975@gmail.com Phone: 602-712-1121 Phone: 480-495-3762
What’s up down in Tucson n Associate Member Appreciation
Tucson’s 6th Annual Fall Family Festival and Chili Cook-Off took place on October 25 and was another successful networking event. Eighteen sponsoring companies provided various carnival-type games, 15 management companies and properties competed for chili bragging rights, more than 140 attendees enjoyed networking, and children took part in costume parade. Attendees raised money for Big Hearts by donating via a fair-favorite event: the good old whipped cream pie in the face. This year it was the face of Kyle Kelly of Sunland Asphalt. Thanks, Kyle. Special thanks to Thunder Canyon Brewery for its donation to raise additional funds for Big Hearts. Congratulations to the winners: Best Overall Chili: Da Bomb, River Oaks; Spiciest Chili: Kung Fu Chili, Country Club Apartments; Most Unique Chili: ‘Nawlins Seafood Chili, AZ 1st Realty; P eople’s Choice: Pete Rose Chili, Quarterpenny Management; Best Table Spirit: Cereal Killers, AZ 1st Realty; Next up: Join us October 24, 2019.
Breakfast
Associate members who sponsored Tucson events in 2018 were invited to the Associate Member Appreciation Breakfast on November 29. n October Dinner Meeting
Guest speaker Becky Noel, Retired Crime Free Coordinator with the Tucson Police Department, demonstrated personal safety techniques at the Tucson October Dinner Meeting. It was a prelude to the announcement of the Project S.A.F.E. Awards. Congratulations to all Tucson Project S.A.F.E. participants for making their communities safer and to the winners for going above and beyond to make their events amazing:
Managers from Greystar, MEB, Northland Investment, Nicolosi & Fitch, Quarterpenny, and Scotia Group hosted a hot buffet breakfast to say thank you for their support of the AMA. With a menu of homemade potato casseroles, freshly scrambled eggs, fresh fruit, hot coffee, and so much more, it was a delicious way to start the day and end the year.
Best Community Participation: Canyon Creek Apartments, Shelton-Cook; Best Theme: The Woods at Midvale Park, Quarterpenny Management; Best Resident Turnout: El Memorial De Don Frew, PPEP; Best Flyer: Huntington Park, Romano Real Estate; C ommittee’s Choice: Tuscany Apartments, Nicolosi & Fitch; Next up: The 2019 Project S.A.F.E. season begins in March and runs through the end of August. azmultihousing.org
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MAINTENANCE MANIA Maintenance Mania® is a national program offered by NAA and presenting sponsor HD Supply (HDS), in which maintenance technicians and housekeepers compete against each other in various skill-based games. This is a fun event for both competitors and spectators. Local winners from the AMA’s Maintenance Mania competitions with scores that meet specific requirements get the chance to qualify regionally and compete nationally at the Apartmentalize Conference in June.
Tucson Tucson’s Maintenance Mania event on November 13 was the biggest one yet with sold-out exhibitor tabletops and 466 attendees. The 220 full-day attendees received valuable information at the educational morning portion about general safety; pool chemistry and maintenance; drug recognition when entering an apartment unit; and how to protect yourself regarding fair housing and sexual harassment.
Phoenix Phoenix’s Maintenance Mania event on November 8 was the biggest one yet with sold-out exhibitor tabletops and more than 1,000 attendees. The 450 full-day attendees received valuable information at the educational morning portion on a variety of relevant educational topics.
Congratulations to Eli Montes De Oca from The Woods Apartments for winning first place overall in Tucson and the entire state of Arizona and to Perla Ayala from Lantana for winning first place overall for the Housekeeper competition in Tucson. Attendees from every management company showed so much support for the competitors. In the end, Scotia Group took home the Spirit Award.
Congratulations to Michael Pantoja from San Palmilla for winning first place overall for the Maintenance competition in Phoenix and to Sonia Ramirez from Capri for winning first place overall for the Housekeeper competition in Phoenix. In the end, Greystar Real Estate Partners took home the Spirit Award.
This event would not be possible without Maniac Sponsors: Alexis Security, Ally Waste, AZ Partsmaster, BluSky Restoration, Blue Steel Security Services, Burns Pest Elimination, Career Strategies, Inc., Certapro, FSI Construction, GPM Landscape/ Synergy, Inca Roofing, Indigo Painting, Interstate Restoration, J.R. McDade, Kowalski Construction, Palomino Construction, PPG, Rainforest Plumbing, Redi Carpet, Restoration Management Co., Roofing Southwest, Law Offices of Scott M. Clark, Smart Pest, Sunland Asphalt, United Asset, Urban Complex, Wilmar/The Home Depot.
This event would not be possible without Maniac Sponsors: AZ Partsmaster, Delta Mechanical, Distinctive Carpets, Ferguson Enterprises, Interior Logic Group Services, Maintenance Supply Headquarters, PPG Paints, Roofing Southwest, Silverado Rooter & Plumbing, Tucson Appliance, Wilmar, and Impound Sponsor, Valley Wide Security. Next up: Join us November 14, 2019.
Next up: Join us November 21, 2019. azmultihousing.org
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