SUMMER 2015
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Executives & managers share management tips
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Clear expectations can help you manage better
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ASSERT YOUR VALUE How to deal with unreasonable, demanding BODs
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ATTORNEY CONNECTION WEBINAR I How to Read Recorded Documents August 4, 11:00 am – Noon
ATTORNEY CONNECTION WEBINAR II How to Evict an Ex-Homeowner August 11, 11:00 am – Noon
ATTORNEY CONNECTION WEBINAR III How to Differentiate Between Routine Maintenance and Builder Warranty Issues August 18, 11:00 am – Noon
ATTORNEY CONNECTION WEBINAR IV How to Process Reasonable Accommodation Requests for Animals and Hard Flooring August 25, 11:00 am – Noon
A complete guide to construction claims. New buildings can conceal extensive faults. It’s a property manager’s worst nightmare— rainstorms damage buildings and bring owner complaints. Is legal action necessary? With our new book, you’ll learn about the resolution process for construction problems, and how to handle complex claims.
Go to berding-weil.com/guide to read the next chapter.
A Property Managerʼs Guide to Construction Defect Claims is available in the Echo bookstore and on Amazon.
www.cacm.org | Vision Summer 2015 3
SUMMER 2O15
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F E AT U R E S
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Accredited Community What? Understanding the ACMF and why you should care
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Doing More With Less
By Emily Yost
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The Wheels on the Bus …
NEWS BITS
By Vicki MacHale, CCAM
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Managing to the Contract
New Manager & Management Firm Council Members
By Lori R. Storm, CCAM & Clint McClure, CCAM
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New Affiliate Members
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D E PA RT M E N T S
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President’s Message
13
From the Roundtable A Message from the Board
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Summer Calendar
Congratulations Managers
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In the Boardroom It’s a Kind of Magic: Creating the Illusion of the Impossible
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Get in the Relationship Groove
By Scott Swinton
42
Remembering Dan Kocal
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It’s Your Career – Own It!
By Clint McClure, CCAM
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Message From a Vision Editorial Member
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Sound Advice From a Community Champion
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By Emily Yost
Southern California Law Seminar & Expo Re-Cap
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No Shoes, No Shirt, No Pants?!
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By Bobbie Gaffney, CCAM, PCAM
CACM’s 2015 Legislative Priorities
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Are You as Ethical As You Think You Are?
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Thank You To Our Sponsors
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Member News
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Managing Expectations
By Patty Garcia, CCAM
Vision Summer 2015 | www.cacm.org
By David Zepponi
By Tara Graviss, CCAM
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Vision
Helping Community Associations Find Their Way
THE VOICE OF CALIFORNIA COMMUNITY MANAGERS
Summer 2015 • vol. 24, no. 2
Providing practical legal solutions to common interest developments in: • Governing Document Interpretation and Enforcement
President & CEO | David Zepponi
Managing Editor | Brenda K. Teter Assistant Editor | Emily Ball
Advertising | Melissa Hurtado
• Contract Negotiation and Preparation • General Counsel Service • Litigation, Trial and Appellate Advocacy
Neuland & Whitney, APC (949) 766-4700 www.neulandandwhitney.com 22342-A Avenida Empresa, Ste. 100 • Rancho Santa Margarita, CA 92688
Editorial Advisory Committee Matt Davenport Monarch Environmental, Inc.
Clint McClure, CCAM McClure Management, Inc.
Bobbie Gaffney, CCAM, PCAM The Gaffney Group, Inc.
Susan Sharp, CCAM FirstService Residential California, LLC
Patty Garcia, CCAM, PCAM MCM, LLC
Lori Storm, CCAM FirstService Residential California, LLC
Dean Jackson, CCAM-HR Pacific Park Plaza HOA
Scott Swinton Unlimited Property Services, Inc.
Kay Ladner, CCAM Desert Horizons OA
Emily Yost MPS Financial, LLC
Vicki MacHale, CCAM ARK Management Vision magazine is published by CACM four times annually to members, affiliates and supporters of the California Association of Community Managers.
What We Can Do For You: •
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Determine whether or not you are entitled to refunds as a result of utility company overcharges, and secure those refunds for you... retroactively. Enable you to enjoy on-going utility savings as you avoid needless overcharges and utility billing errors in the years ahead. Obtain the lowest possible water, sewer, telephone, trash, gas and electric utility bills in the future.
Magazine content ©2015 CACM. All rights reserved. No part of this publication may be reproduced without written permission from CACM. Opinions expressed by authors do not necessarily reflect the policies of CACM. Mention of any product does not constitute an endorsement by CACM. CACM assumes no responsibility for return of photos or art and reserves the right to reject any editorial or advertising materials. CACM does not assume responsibility for the accuracy of articles, events or announcements listed. Please address comments and suggestions to: California Association of Community Managers, Inc. 23461 South Pointe Drive, Ste. 200, Laguna Hills, CA 92653 949.916.2226 • Fax 949.916.5557 • bteter@cacm.org Attn: Brenda K. Teter
About CACM
Founded in 1991, the California Association of Community Managers, Inc.SM (CACM), is the only organization in California whose membership is comprised entirely of community association managers and association practitioners. CACM empowers a network of community management professionals working in large scale, portfolio, resort and high rise homeowners associations to share and apply California’s most effective community management practices. CACM is the leading resource for California-specific education, events, activities, products, services and networking opportunities to help managers and management companies achieve excellence in the industry. Learn more at www.cacm.org, or email info@cacm.org.
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Do we know where you are? Attention CACM members: Have you changed jobs or moved to a new location? Go to www.cacm.org and update your profile so you don’t miss your next Vision magazine or any other important CACM communications.
CACM’s Role in California’s Legislative Landscape The legislative process is a detailed business where a multitude of interests hang on every word and punctuation. The 2015-2016 California Legislative Session is well into its first summer, and once again CACM is representing the interests of its California community managers proudly. The session started slowly, but quickly heated with new legislative concepts being introduced and amended throughout the spring. This industry is driven by the rule of law, which includes an estimated 1,200 laws on the books that help community managers do their jobs. In fact, a majority of the growth in HOAs in California was the result of a number of important changes to our laws. Perhaps the greatest impact can be traced to Proposition 13 in 1978 – an initiative of the people to amend California’s Constitution and limit property taxes. This “taxpayer revolt” resulted in the estimated 57% reduction of property tax revenue to local jurisdictions. To help offset this loss, Senator Henry Mello and Assemblyman Mike Roos authored the Community Facilities Act of 1982 (commonly referred to as the Mello-Roos Act), which allowed the establishment of financing districts to fund roads and other facilities in a community. This was followed three years later by the Davis-Stirling Common Interest Development Act in 1985, which gave HOA boards authority to better regulate and enforce CC&Rs through the Commercial Code. It is the basis of our common interest development identity in California. This history is unique to California. It established the profession of community management and solidified the importance of a community manager being well-versed in California CID law. As a member of CACM, you are on the cutting edge of protecting the interests of common interest developments. It is critical for professional managers like you to stay current and conversant with these changes. This year the California state legislature has introduced more than 2,300 bills (thankfully, most do not impact our industry). CACM recognizes that it can often be daunting, tedious and frustrating to review these highly technical and detailed bills, which is why we enlist the help of our Legislative Committee to tirelessly review each important bill. The Legislative Committee is made up of 24 individuals, including a seasoned contract lobbyist, consulting legislative analyst, manager members and some of the brightest legal minds in our industry. They are present to be a voice of reason in a very messy legislative process, protecting your interests and helping us interpret and manage the onslaught of legislative activity for our members. At CACM, we recognize that monitoring the legislative landscape is an essential duty of the association. If you wish to be more engaged in our legislative review process or in CACM’s Political Action Committee activity, please drop me a note expressing your interest. We welcome your involvement!
David Zepponi, President & CEO
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BY EMILY YOST
■ INSIDER TIPS FROM TOP EXECUTIVES AND COMMUNITY MANAGERS
Doing more with
It is highly probable that you’ve been “blessed” with hearing the words, “Do more with less!” Perhaps it was a directive from one of your boards, the executive you work for or it was you – on a quest to lead your business and community managers to greater success. Recently, CACM polled members of the organization to find out how you are answering the call to do more with less. After all, knowledge is power and CACM members are leaders in the industry! (To those executives and community managers who took part in the recent survey, CACM wants to thank you. We look forward to more opportunities to share your wisdom in the future!)
The Executives Speak Communication Internal: Effective executives communicate the company’s goals and clearly define employee expectations. They empower their team to achieve those goals and listen to their team. Employees are on the front lines of a business. They know what works and what makes their jobs more difficult. Ask for solutions and act on them. External: Effective companies make responsiveness a priority. Many executives shared they have a live person answering calls. It ensures the right person handles the call and provides a personal experience for customers. When team members are unavailable to answer a call, getting back to a customer in a timely fashion can make the difference in keeping or losing a client. Although not every call requires an immediate returned call, communicating your vision for the customer’s experience is vital to the reputation of the business.
WHEN YOU TAKE PRIDE IN YOUR WORK AND THE SERVICE YOU PROVIDE, YOU ARE HELPING BUILD THIS IMPORTANT INDUSTRY, WHILE SIMULTANEOUSLY ENSURING YOUR GROWTH IN THE BUSINESS.
Continued on page 10
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Of the executives polled, 91% shared that new employees were provided a mentor within the company, and 55% said new hires receive more than six months’ training. Doing More with Less Continued from page 9
a quick way to snap pictures of on-site issues, take notes and share visual aids in a meeting.
Education Successful executives understand that knowledge is power! Effective management teams have education on their side. Of the executives polled, 91% shared that new employees were provided a mentor within the company, and 55% said new hires receive more than six months’ training. From ongoing certifications to in-house mentors, educated employees become trusted advisors at board meetings, resulting in happy customers who sing your business’s praises.
Technology Providing your team with the technology they need is imperative. Purchasing or developing software that eliminates the paper trail and provides all departments with the ability to share information increases productivity and eliminates unnecessary conversations. Providing a central server means employees have easy access to important shared documents. Instead of individual printers in offices, provide one central printer that all computers are networked to. It provides the team with a faster and more comprehensive tool while saving you money. iPads are a great resource for community managers in board meetings. They provide
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Outsource When Appropriate Outsourcing can be a great way to save time and money. It gives the team the time to focus on servicing and growing the business, while giving you a great way to control expenses. From mailers and statements to financial services, finding an outsource solution that is ready to support your company’s vision can positively impact the bottom line.
The Community Managers Speak Of the managers polled, 39% shared that they handle 10+ associations. That’s a hefty responsibility. Unless you can stay on top of the work, you’ll never be effective. Here are some great tips from highly effective community managers.
Build Trust Make it abundantly clear that you strive to enhance the lives of homeowners. Genuinely listen to them. They deserve to be heard. Let them know you are never too busy for them. Remember, they don’t know (or care) how many other accounts you have. One manager shared, “Always remember that a home is one of your homeowners’ largest financial and emotional investments. Interact empathetically. Keep your relationship with your boards professional and businesslike. If they make a decision that is contrary to your advice, remember, it’s their community.” Another manager shared, “Talk with them, over the phone or in person. Facetime is a valuable tool. Take time to explain why and how ‘the proper way’ works. This solidifies your expertise and your value. Don’t lie and don’t guess. Research the correct answer if you need to.” Still, another shared, “Listen to what is important to your client boards, as their needs change. Don’t just assume you know what they want. Deliver what you promise. Don’t say you can have something done by tomorrow if it is
not practical. Give realistic time frames. Be prepared for board meetings so that business can be conducted in a timely fashion. Many board members are business professionals too, and their time is as valuable as yours.”
Manage the Client Walk the clients through the process of how you will manage their account, and be specific! It’s okay to share when you are available and when you are not. And, it’s okay to ask that they send all requests via email in lieu of calling or leaving a voicemail. This sets clear expectations, eliminates confusion, prevents support staff from being overrun with unexpected tasks and makes certain you won’t forget a single request.
Take Advantage of Technology Utilize Microsoft Outlook to schedule tasks and meetings. You can quickly and easily loop other team members in on those tasks. It ensures everyone is “in the know” and you’ll never forget a task.
Declutter Your office space is truly a reflection of your efficiency. Immediately scan or file documents and place items on your Outlook task list. Keep current projects in a temp file in an incline file sorter on your desk. At the end of every day, take the time to clean your desk and add unfinished items to an action list, review the calendar for the next day and write up the next day’s plan.
Focus Focus is critical to success! Time management allows you time to focus on all that you need to do. One community manager shared, “Taking the time to plan is key. Focus on one project at a time. Interruptions are inevitable, but focus on the task at hand. Don’t wait until the last minute. Budget you time wisely to give your full attention to your client’s needs.” Another shared, “I keep a ‘cheat sheet’ [spreadsheet] on my desktop for all my communities that lists annual meeting mailers, budget mailers, etc. It is a quick, at-a-glance reminder of what I have to do for that entire month to ensure that nothing is overlooked or falls through the cracks.”
Be Proactive Stay ahead of the game. Don’t procrastinate. The work won’t disappear … It will multiply.
Seek Wise Counsel Understand and respect when something is over your head. Consider it a learning opportunity and go to the experts. It is ridiculous to assume that everyone knows everything about everything. If this is your career, you’ll take pride in allowing yourself the opportunity to learn from others. Pretty soon, you’ll be the “wise counsel” others will be seeking!
Communication Internal: Schedule or request a weekly “check in” meeting with the office team. Share your challenges and triumphs. For every challenge, offer a solution. Create the office environment you want to work in. Be the change that you and your company deserves! External: One manager said it best: “It’s great to be able to communicate with your clients, but if you’re not getting anything done, it doesn’t do you much good. I share action lists with my clients so that we’re both aware of what the other needs to get things done – and then we do it!”
Career-Minded Approach Is this a job or a career to you? Although the question seems harsh, it’s an important one. Your choice impacts the company you work for and the industry as a whole. When you take pride in your work and the service you provide, you are helping build this important industry, while simultaneously ensuring your growth in the business and that of your company. This way of thinking will positively impact each detail and decision you make. Your board packets will be superior, your response time will be impeccable and your customer service will be unmatched! Continued on page 12
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Doing More with Less Continued from page 11
The Bottom Line: Quality Customer Service is Key to Success Understanding, utilizing and offering great customer service keeps you on top. People by nature want to work with people they trust. Boards want to work with (and trust) a manager who is educated, connected to the resources they need, good at getting back to them quickly and able to lead them to being a more selfsufficient entity. Executives want to work with (and trust) a manager who is reliable, driven, ready to adapt to any situation, has a sense of humor, is great at multi-tasking and, in general, sees the glass “half full.” Community managers want to work with (and trust) executives who create a team environment, are fun to work with, celebrate the accomplishments of their employees and provide opportunities for growth and education. It’s been said that, “Your customers sign your paycheck!” Want to do more with less? Offering excellent customer service is the cheapest, yet most effective way to grow. Do you have tips and ideas to share with other CACM members? We’d like to invite you to continue the conversation on CACM’s Facebook page (www.facebook.com/CACMchat). Emily Yost is the Marketing Director for MPS Financial, LLC in Rancho Santa Margarita.
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C
onsider the many advancements that have transpired at CACM over the past couple of years – rebranding, specialty certificate programs, master-level certification, public awareness campaign – the list goes on. However, while the changes are considerable, one basic tenet remains constant, CACM’s Global Ends Statement. That simple statement, “CACM exists so that Members Enjoy an Environment Necessary for Professional Success (with results optimizing value for members’ dues and fees)” is what defines our organization and its ever-evolving direction. Your elected Board of Directors articulated this Ends Statement several years ago as a basis for all policy decisions. Now, as the Board sets policy, achieving the desired outcomes to support that policy comes from our President and CEO, Dave Zepponi. Broadly speaking, Dave views community managers as community facilitators – bringing together neighbors for the common interest of the community while balancing the needs of individuals. Managers with the skills to achieve this bring a high degree of value to their clients. To achieve success in this area takes professionally trained and committed community managers and a healthy, vibrant industry to support professionalism.
While we hear much rhetoric of commoditization, one fact remains clear: Price may be important to our clients, but they will not accept marginal service. They are more sophisticated than ever and are insisting on professionals who are educated, well versed in all aspects of community management, creative and, perhaps most important, genuinely concerned for the well-being of their members. In fact, many are willing to pay higher management fees in exchange for higher quality service. However, they must see value. CACM recognizes this trend and continues to introduce new course offerings, programs and initiatives to help ensure your professional success. Take, for example, two new courses developed and launched by CACM: Commercial & Industrial CID Management and New Development Community Management. These courses dovetail nicely with the rigorous master-level certification program (MCAM) and provide levels of professional development to suit the demands of our industry and your clients. CACM will continue to focus on your needs as professionals. We remain fully committed to value and supporting your professional success so you can be well equipped to focus on your business and meeting the high expectations of your clients. In closing, I lost a very close personal friend recently. Many of you who had the privilege to know Dan Kocal feel the same. Regardless of whether you knew Dan or not, we all benefited from his dedication to family, friends, our industry and CACM. His memory will live on as he On behalf of the CACM Board, Gordon Goetz, CCAM, Board Chair continues to inspire. www.cacm.org | Vision Summer 2015 13
The Wheels on th 14
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BY VICKI MacHALE, CCAM
In 1978, Proposition 13, The People’s Initiative to Limit Property Taxation, passed within the State of California. This proposition limited the manner in which municipalities could assess property taxes. With the gravy train at an end, local governments began a frantic search to find new revenue streams to support city service. While it took them a while to figure it out, homeowners associations became pawns, and municipalities are now experts at shifting the financial burden of maintenance and ownership responsibility from the city to members living in deed-restricted communities. Common interest developments are big business in California and without them, municipalities would crumble. In order to gain housing project approval, developers are required to upgrade roads, dedicate land for schools, install public trail systems and community parks. In some cases, associations are required to maintain off-site amenities such as bus stops and landscape for which their residents “may” derive benefit. It’s not blackmail at all!
he Bus …
Continued on page 16
■ WHILE HOMEOWNERS ARE BANKROLLING SYSTEMS AND AMENITIES THAT AT ONE TIME WOULD HAVE BEEN MAINTAINED THROUGH THE CITY, THEY RECEIVE NO TAX INCENTIVE TO OFFSET THESE INCREASED COSTS.
www.cacm.org | Vision Summer 2015 15
developer. In order to offset these costs, the developer increases the price City requirements for private streets, recreation facilities, affordable housing, of the homes, reduces lot size and street trees, specialty drainage systems, water run-off grates, and … and … and, installs narrow streets so they can jam are the norm! Somewhere within the governing documents, or in other more more homes into less space. Property obscure agreements made prior to development, is verbiage that gives the city the taxes are based upon the value of right to control the level of maintenance within an association, as well as the right your home at the time of sale. Higher (but not the obligation) to address or not address just about anything they choose. cost homes jammed together within It is becoming common for city planning to approve CC&Rs prior to project limited space equals increased income approval. to the city. In addition to property tax While homeowners are bankrolling systems and amenities that at one time income, they (the city) reduce their would have been maintained through the city, they receive no tax incentive to costs through redirecting support offset these increased costs. Some areas even have a mello roos tax on top of their services such as traffic enforcement, standard property tax and assessments. Taxation without representation? maintenance and administration to One of the biggest burden shifts is the maintenance and long-term repair the HOA. The wheels on the bus go and replacement of privatized streets. Along with the maintenance costs for these round and round … streets, comes the burden of traffic control. Your While arguments are often local police department does not address made as to the superiority of HOAspeeding or parking on private streets. maintained infrastructure and If your streets are private, then your landscape, the fact remains that HOA streetlights, sidewalks and mailboxes fall dwellers are subsidizing costs for under the obligation of the association. services being provided to non-HOA If you have private streets, there is a dwellers. In addition, association good chance that your home sits behind members also assume increased a beautiful entrance/exit gate. Have you liability for the maintenance and ever received a phone call from an owner governance within their community. wherein you suggested they call the Now let’s tie this all up in a pretty police, and they responded with, “I did. bow, and put volunteer members They told me to call you!”? A Carlsbad in charge of multi-million dollar city employee told me they are trained corporations, where the draconian to tell complainants to contact their requirement for election to the board HOA as a first course of action. Residents of directors is having a pulse (implied) scream about speeding, and are crushed and, perhaps, actually owning a home. Is it a wonder that tempers are flaring? when they learn the police will not enter As dissatisfaction increases, state legislators are attempting to placate the their gated community to provide traffic vocal opposition (which they basically created) through chaptering ill-conceived control. They are upset when they can’t legislation. Bandaid legislation is so much easier than actually telling constituents install speed bumps due to emergency the truth! Between local municipalities cramming people into deed-restricted response vehicles and are even more in communities and the legislature trying to fix the problems created by local shock at the price tag for a traffic study government, they’ve further added to this mess, and management is on the when they look into installing more stop receiving end of the hostility. Manage a community? Who has time? We’re too signs. Homeowners are at a loss as to how busy putting together document requests from the “cashews” pouring through to enforce traffic violations and reduce documents looking for the “smoking gun.” Ten years ago it took one-tenth of the liability. Those pretty gates do more to effort to manage a community. Rule adoptions, enforcement processes, annual shield city government than the wellmeetings – OH MY! Legislative initiatives make it through the assembly/senate meaning people living behind them. and are signed by the governor in less time than it takes for a board to adopt a So let’s break this down: The city water noodle rule! places expensive demands on the In 2009, the City of Oceanside removed 132 of the 600-plus street lights
The Wheels on the Bus Continued from page 15
The fact remains that HOA dwellers are subsidizing costs for services being provided to non-HOA dwellers.
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from the public streets within the Rancho del Oro (RDO) homeowners association, as they were rusted and in danger of falling down. The city refused to replace the fixtures even though they had maintained them for the past 20-plus years. The annual property tax bill reflected an annual fee for street lights. Homeowners were up in arms and a lawsuit ensued. The city’s position was that the light poles were “special,” as they were decorative and made from metal instead of concrete. They contested that, even though tax revenue was being collected, the city really didn’t expend any funds towards standard light pole replacements since concrete poles had a life span of 50 years or more instead of the 20 years for those within RDO. It was pointed out to the City of Oceanside that the “decorative” light poles were a requirement of the developer, imposed by the city at the time the project was approved. No brainer, right? Wrong! The courts sided with the City of Oceanside and the association is forced to build approximately $2.5 million dollars into their reserves.
Issues like this are becoming more common. Associations are receiving notices that require them to remove individual mailboxes and instead install association maintained gang boxes. Responsibility for the repair and maintenance of utility boxes, the installation of specialty irrigation systems and other improvements are becoming the norm. Through all of this, we as an industry are not only blamed for the increase in costs, we can’t seem to get out of our own way in the passé, “If you didn’t like the rules, why did you buy here?” mentality. As discord increases, managers are walking away at a record rate. It is time, as an industry, for us to work together to begin an education process for our clients and their membership. It is time as an industry, for us to increase our lobby for the benefit of our industry and our clients. It is time, as an industry, for all of us to actually understand the world in which we exist. Vicki MacHale is the Executive Director at ARK Management in San Diego.
For more information on the impact of Prop 13 go to www.californiacityfinance.com/AB8BailoutCM110105.pdf
www.cacm.org | Vision Summer 2015 17
Southern California
Northern California
upcoming courses & events
DATE JUNE
JULY
AUGUST
COURSE/EVENT
COURSE/EVENT CODE
LOCATION
Advanced Insurance Principles Age-Restricted Active Adult Community Management Budgeting Advanced Insurance Principles BAM Series (Modules I-II) Risk Management in Community Associations Fundamentals of Effective Governance Advanced Ethics: Leadership & Decision Making
INS300 SPC420 FIN300 INS300 CMM101-102 INS400 BDA300 LDR500
Concord Concord Sacramento Sacramento Sacramento Concord Concord Concord
Executive Webinar I Enhance Your Professional Presence Conflict Resolution for Community Managers Executive Webinar II
WEB CMM200 CMM220 WEB
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Attorney Connection Webinar I Insurance Principles Attorney Connection Webinar II BAM Series (Modules I-II) Attorney Connection Webinar III Explaining Financial Statements Attorney Connection Webinar IV California Law Series (Modules I-IV)
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Budgeting Enhance Your Professional Presence Conflict Resolution for Community Managers High Rise Community Management Forum Luncheon Forum Breakfast BAM Series (Modules I-II)
FIN300 CMM200 CMM220 SPC400 FRMEB FRMSAC CMM101-102
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Ethics for Community Managers Fundamentals of Effective Governance Risk Management in Community Associations Conflict Resolution for Community Managers Ethics for Community Managers Forum Luncheon Forum Luncheon Ethics for Community Managers Advanced Ethics: Leadership & Decision Making Ethics for Community Managers Conflict Resolution for Community Managers Forum Breakfast California Law Series (Modules I-IV)
CMM130 BDA300 INS400 CMM220 CMM130 FRMOC FRMSD CMM130 LDR500 CMM130 CMM220 FRMCV CMM121-124
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Executive Webinar I The HOA Puzzle Executive Webinar II
WEB CMM100 WEB
Online San Diego Online
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Attorney Connection Webinar I Insurance Principles Budgeting Ethics for Community Managers Attorney Connection Webinar II Portfolio Management Attorney Connection Webinar III BAM Series (Modules I-II) Advanced Insurance Principles Advanced Ethics: Leadership & Decision Making Attorney Connection Webinar IV
WEB INS200 FIN300 CMM130 WEB SPC430 WEB CMM101-102 INS300 LDR500 WEB
Online Online Laguna Hills Laguna Hills Online Laguna Hills Online Laguna Hills San Diego San Diego Online
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Budgeting BAM Series (Modules I-II) Explaining Financial Statements Commercial & Industrial CID Management Forum Luncheon Forum Luncheon Human Resource Management
FIN300 CMM101-102 FIN220 SPC450 FRMLA FRMVEN LDR400
Online San Diego Long Beach Laguna Hills Culver City Camarillo Palm Desert
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I FOUND THE REQUEST A COURSE PROGRAM EXTREMELY VALUABLE. IT ALLOWED ME TO COMPLETE THE REMAINING COURSE I NEEDED IN ORDER TO WORK TOWARDS EARNING THE MCAM DESIGNATION.
STACY BAAR, CCAM-PM COMMUNITY OF HARBOR BAY ISLE OA
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BY LORI R. STORM, CCAM & CLINT McCLURE, CCAM
■ WHEN WE FOREGO CHARGING FOR TIME AND SERVICES OUTSIDE OUR CONTRACT, WE DIMINISH OUR VALUE IN THE EYES OF THE CLIENT
YOU THERE! YES, YOU! DON’T TURN THAT PAGE. I HAVE SOMETHING IMPORTANT TO TELL YOU. I KNOW ALL ABOUT YOU. YOU ARE A WARM, THOUGHTFUL AND GENEROUS PERSON. THE REASON I KNOW THIS IS BECAUSE YOU ARE A COMMUNITY MANAGER. YEP. JUST KNOWING YOUR TITLE HELPS ME UNDERSTAND THE ESSENCE OF WHO YOU ARE.
Managing to the Contract 20
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Just think C.O.R.E. when it is time to discuss your contractual relationship. This acronym will help you work with the most important contract of all: your management contract.
C is for Cost. Help your clients understand the costs involved to perform the contracted services in your management contract. This will include items such as the simple costs for materials you use (paper, postage, etc). and their cost for your service via an hourly rate for work preformed outside your monthly scope.
O is for Overages. Be comfortable and confident enough to proactively identify the
Ours is a strange and wonderful overages of your time and resources based on career path. Much of our work their request. Your client may make a request is independent and immersed in they think is outside of your scope, but it is actually included in the contract. You can look the world of our clients. We form like a star by letting them know it is included at long lasting relationships with them. We know no additional cost. where they live and how they communicate their passions and their pet peeves. We know when R is for Reliability. Build a habit of being they hurt and when they are feeling jubilant. reliable for all the work your client requires. Most other professionals do not carry on such a Should your client agree to pay you for additional services, your next step is to ensure your routine close relationship with the people who hire them. services remain unaffected. Establish reasonable Our clients are volunteers who care about their deadlines that allow you to deliver additional homes and their communities, who may look at services in a reasonable time for you and your us as caretakers more than professionals. And here client. is where we can get ourselves into trouble. You see, we are highly qualified professionals E is for Enhancements. Our industry does not stand still and is continually improving, just like whose responsibilities to our clients are both you, the community manager. As you continue deep and wide. These folks rely on us to keep to increase your knowledge base and supply their associations running in tip-top shape. Yet, additional services to your client, be sure to it is easy to slip into the role of a friend to the identify those new or improved services when board when we spend so much time with them. you renegotiate your contract. Our friendly and helpful nature leads us down Be a true management professional and know the path of doing a few extra things to help out your “CORE� value for rewarding, long-term these nice people. One nice turn becomes a habit success. of going beyond what we are being paid to do until we find ourselves stretched and stressed and wondering why we are working so hard for such meager wages. We would never expect the landscaper to work outside his or her contract without an extra charge, but it seems so easy for managers to slip into that trap without thinking. Our contracts are based on the basic services we negotiate with our clients when we first sit down at the table to discuss forming a relationship. It covers certain items and most probably delineates a rate we will charge when services wander outside the scope of work that had been agreed upon at the outset. The way to ensure that you keep a great relationship with the board is to review the contract that you agreed to at the beginning. Pull out that contract and be sure that you understand what is included in your management fee and what is not. When we forego charging for time and services outside our contract, we diminish our value in the eyes of our clients. We also cheapen our view of ourselves as professionals. The important thing to understand in this relationship is that it is us, the managers, who understand the parameters of the contract we have signed. We are supposed to monitor when requests or time goes beyond the terms of our agreement. When this occurs, it is our responsibility to inform our clients as quickly and Continued on page 22 www.cacm.org | Vision Summer 2015 21
Managing to the Contract Continued from page 21
Paving the way since 1981
Lori R. Storm is a District Manager with FirstService Residential California, LLC in Gold River and Clint McClure is the President and CEO at MMI – McClure Management Inc. in Carlsbad.
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professionally as possible. It is really quite easy to say, “I am happy to investigate information on this topic for you more deeply. Although it falls outside of our contract, I do have the time to take this on. I will need to bill you for our agreed upon hourly rate of X for this special project.” If you aren’t sure how much time the extra task will take you, then let your board know you will check and get back to them. The board can make an informed decision based on their needs and a clear understanding of the costs involved. I find that if I consider myself a consultant during these times, it becomes easier for me to understand when projects and requests fall outside the contract’s terms. I typically ask myself the following questions when atypical requests come to me: • Is this something routine that I do for all my clients? • Can I anticipate spending an extended amount of time to handle this item? • Might this involve complex calculations, extended communication with outside entities or involve a large number of team members? • What does the contract say for this specific client? I recommend that you review your contract(s) on a regular basis. In an industry where many of us oversee multiple accounts or work for a single association with complex needs, it is important to remind yourself of the terms in the document. This also helps you determine whether the additional item you are doing for your client is an extra charge because it is infrequent or short term, or whether it is a fundamental shift in the nature of the relationship and requires renegotiating the contract. Finally, I want to give one more takeaway from our chat here today. As a warm and caring person, I know you would never undermine my professionalism or denigrate my career. You just are not that kind of individual. If you veer away from your contract and allow your clients to undervalue you and your work, this reflects on me and my fellow managers and cheapens our career and our value. If we work together and each of us elevates our role with our contracts, we raise the value of our entire industry. Who knew you held such power in your hands? Now get out there and make us all proud!
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CACM provides a great Sample Management Retainer that allows for the ultimate customization of services for community associations by utilizing an a la carte menu of services. To download a copy of the retainer, go to www.cacm.org/files/SampleManagementRetainer.pdf
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maintaining high standards
New Manager & Management Firm Council Members
CACM members further their success in the industry and benefit by partnering with colleagues to share new ideas and best practices. Please join us in welcoming these new members from the first quarter of 2015!
Manager Members Curtis L. Askey Bernice Ayala Alissa N. Ballestrin Nikki Bargas Erick M. Barker Daniela R. Beaudin Renee K. Bettencourt Sarah E. Blumer Jaime L. Blunt Laura M. Bowman Karen Braun Selina Bravo Gerald E. Briffe Sharon Brimer Kimberly K. Carr Lisa T. Chin Kristina M. Collins Elle Compagni Greyson R. Connelly Megan R. Contreras Menalyn Cornejo Ashley N. Cypert Stewart A. Dalie Bonnie Dalrymple Daniel R. Davidson Miki A. DeJesus Lisa C. Dial Frances Diggs Celena Estrada Susan Evans Brigitte Y. Fernandez Maria D. Fierro Adam Frederickson Dawn Friesen Arlene Hernandez Forrest W. Huisman Kevin Iverson Emily J. Jauregui Tonya L. Kalvass John P. Kelly Jessica R. Kelsey Kim M. Laney-Blohm Joanna Lam Cynthia A. Lee Brandon B. Leigh Trish Lowe Daniel Magier Kenneth H. Major Carrissa Martinez 24
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Teresa R. Mason Jeffrey Matheson Thomas Mathew William Mazza Debra E. McClean Georgann M. McDuffee Patricia L. McHugh Elena Merkulenkova Angela D. Miller Eva M. Mitchell Derek R. Mobraaten Edna Nado Jessica Oakes Nicole M. Olson Martha A. Osborne Catherine A. Pannell Kris A. Peterson Caterra L. Rainey Ramon Rivera Richard Romero Kevin M. Rousso Lisa M. Royster Santina Sandoval Nikea L. Scarbrough Scott A. Sears Charley Sessner John H. Shade Mary B. Shields Ariga Shilvarjo Kayla L. Shirley Brian O. Simmons Janet E. Souza Linda J. Smythe Antoinette M. Stratton Ethan Steele Lucille S. Sulano Kari L. Swanberg Kim A. Swanberg Patrick C. Telfer Lori A. Tishgart Laurie Volpe Deana C. Warner Jenna M. Warriner Kathryn Wayne Paul J. Young
Management Firm Council Members The John Stewart Company 1388 Sutter St., 11th Fl. San Francisco, CA 94109-5454 www.jsco.net MMI - McClure Management Inc. 7040 Avenida Encinitas, Ste. 104 Carlsbad, CA 92011 www.mmicid.com Integrity Association Management LLC P.O. Box 7310 Stockton, CA 95267-7310 www.integrityam.net Jenkins Properties Management Co., Inc. 2626 Honolulu Ave. Montrose, CA 91020 www.montrosepropertymanagers.com
Find a Management Firm Near You CACM’s Management Firm E-Marketplace allows you to access the industry’s leading management firms. Each company in this online directory is part of CACM’s Management Firm Council, which means they are committed to the highest professional standards. You can search for management companies by ACMF accreditation, region, services offered, size and types of properties managed, and more. Start your search now at www.cacm.org.
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Helping collection agencies and managed communities improve their bottom line. www.cacm.org | Vision Summer 2015 25
Get in the Relationship Groove BY SCOTT SWINTON
The interactions between service providers and community managers should be like a well-rehearsed dance. Each person understands the next move and together you create a workable rhythm.
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â– WHAT WOULD
YOU THINK IF YOU SHOWED UP AT THE SALON AND FOUND YOUR SAGGYPANTS-WEARING PLUMBER IN AN APRON, TWIRLING A HAIR DRYER? YOU WOULD PROBABLY RECOGNIZE THAT IT'S BEST IF PEOPLE FIND THEIR CORE COMPETENCY AND STICK TO IT.
relationship between these partners In the CID industry, the core competency of your service should be personal and sincere, based providers is likely the ability to understand the needs of you and on collaboration – not competition. your communities. The service providers that you call on a daily In the end you share a common basis should have one objective as their primary focus: making you customer and a common goal: keep look good. They may be good at cutting grass and washing windows, but they are that customer happy. probably just as good or better at understanding your needs. Why? Because they So what should you look for in have figured out that you, the community manager, hold the gate keys to the work a supplier? What are some traits that stockpile. indicate a collaborative partner? Yet, often when I talk to community managers I realize they don’t understand Honesty – If the provider you their steps in the dance. Instead they remind me of the typical Internet image for choose doesn’t have integrity, he or multitasking – a man or woman with multiple arms and hands emerging from she will eventually make you look their shoulders, flailing the various tools of their trade, “doing it all.” In spite of bad. being just a little creepy – the images are effective. They visually demonstrate Availability – Will they work the unnatural state of one person taking on too much. You need your service according to the timetable of your providers. community? Do they perform But, like your service providers, emergency service work? Can they you also have a core competency – finance their jobs through the typical community management. You are not delay period between board meetings? often expected to change a pool filter, pull Consistency – Do they pick up the out a dead bush or replace a patio door. phone every time you call? Do they How often, though, are you made to look turn down jobs seemingly arbitrarily? bad because bushes, pools or patio doors Shared expectations – Do you and are not dealt with correctly? Or, how your service providers have the same often have you breathed a sigh of relief expectations about what a “job well when a service provider comes through done” looks like? for you at the last minute, making heroes Understanding of the industry – of you both? Does your supplier know what the You need seamless collaboration with Open Meeting Act means? Do they “chat” with the homeowners and supply good partners in order to dance well. problematic opinions? Do they understand that you have no choice but to provide Successful collaboration comes when each the board with three bids? understands the needs of the other, and Willingness to learn – No service provider comes into the CID industry then looks out not only for his or her understanding all of the nuances. You may need to instruct them. One that refuses own success, but also for the success of to learn should not be on your short list. others. Ideally a symbiosis emerges. Each The relationship between you and your supplier will inarguably impact your needs the other, and each helps the other. performance and image. It takes two to tango, so cultivate a teamwork relationship But don’t expect to feel the symbiotic in order to make your partner look good. Soon enough you will find that you are flow wash over you if you don’t put in the literally getting more for less from your service providers. work to build relationships. Both service
What are some traits that indicate a collaborative partner?
providers and community managers alike want to feel appreciated. The
Scott Swinton is the CEO of Unlimited Property Service, Inc. in Richmond.
CACM affiliate members understand what it takes to do business with homeowner associations. Reach out and hire a CACM affiliate member whenever possible. Search for affiliates near you at www.cacm.org/resources/e-marketplace.html.
www.cacm.org | Vision Summer 2015 27
BY CLINT McCLURE, CCAM
■ WE ARE A VERY SPECIALIZED PROFESSION. IF SOMEONE DOESN'T KNOW WHAT YOU DO, EDUCATE HIM OR HER.
own it! It’s Your Career
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We have all been there. You are at a social event, a professional gathering outside of our industry, or a large family affair and the question comes up, “So, what do you do for a living?”
Did you respond by saying, “I am a community association manager,” or did you try to fit your job title into something you think they would understand better like, “I’m basically a property manager.”? Our profession is a niche industry that is not commonly known compared to many others. If an attorney, dentist or plumber is asked what they do, their answer is a one-word response. To the contrary, when we answer what we do for a living the person you are talking with will likely follow up their first question by asking, “What’s a community association manager?” Does this conversation sound familiar? Would your response be, “It’s similar to property management,” because it is an easier way to explain what you do? Well friend, that is not even close to all you do. You are a community association manager. True, most associations have real property assets and you have a role in caring for the property, but you do so much more. Those real property assets are only one part of an entire association set up as a corporation with a board of directors to run the show. You have the knowledge and expertise to help run the corporation; maintain the property; assist the board in their roles; administer the association’s contracts; coordinate all vendor operations for the community; and monitor services provided to the association, from accounting to waste control. Managers in the portfolio world do all of this many times over for each community serviced. Wait, wait, wait! Your job does not stop there. You also possess great skill and knowledge to assist and communicate with the large number of homeowners who are members of your associations. Aside from the property, the corporation and vendors you interact with task you with managing a great deal of personalities to keep the community running smoothly. Community managers are skilled at communicating with many types of people including those who are very challenging, diffusing varying situations on a daily basis. While property managers can evict a problem tenant, you deal with homeowners. Your Continued on page 32
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IT’S A KIND OF MAGIC:
Creating the Illusion of the Impossible
Do you ever wonder how your manager gets it all done? I mean really, between meetings, minutes, vendors, projects, members, community relations, work orders, budgets, cost controls, collections, etc., etc. How do they do it? Is it magic?
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BY TARA GRAVISS, CCAM
M
agicians/managers may appear to predict the choice/needs of a spectator/client, but it just takes attention to detail and planning – not mind reading – to stay ahead of the game. Magicians produce something from nothing, but not by themselves! A good manager has a strong team behind him or her and an efficient board – no rabbit needed. That is also how they make things disappear when needed! Poof! Using these same vendors and, at the direction of the board, your manager oversees the transformation of your association. Confidence and creativity are needed, as well as good work ethic and the responsibility that comes with devotion to any craft or skill. There is no slight of hand or trick involved – just hard work and dedication. Your manager performs in front of a large audience every day, catering to vendors, board and committee members, and homeowners. They stand on the same level and are surrounded by their audience. Every day they figure out what to do despite uncertainty and an enormous amount of potentially relevant information; they get things done through a large and diverse group of people despite having little direct control over them.
Efficient managers rely on agenda setting and network building. They aggressively seek information (including bad news), skillfully ask questions and seek out programs and projects that can help accomplish multiple objectives. They thrive when scheduling, prioritizing, focusing, engaging their resources, communicating expectations and visions, and preemptively solving things before they become issues.
Most boards and association members have no idea how many hours of preparation and planning go into making it all appear so easy. Most boards and association members have no idea how many hours of preparation and planning go into making it all appear so easy. Each detail is reviewed, followed up on and verified. To pull off just one grand illusion requires a lot of behind-the-scenes juggling.
Unlike stage performers, managers do not always do a great job of boasting about themselves and their miraculous feats. They do, however, occasionally swallow swords and have to escape from dangerous situations. Don’t let the showmanship and visual effects fool you – it is all education, training, experience and hard work that make your property the center stage for you to enjoy. Magicians, both seasoned and novitiate, can work together and help one another for mutual improvement, to learn new techniques, discuss all aspects of magic and perform for each other – sharing advice, encouragement, and criticism. They usually have to audition to show the membership they are a magician and not just someone off the street wanting to discover magical secrets. The same symbiotic relationship exists with a manager and a board working together for the mutual goal of maintaining and improving an association. Production, transformation and restoration don’t happen without knowledge and know how. Although you you may not see him or her levitate, having a professional manager will keep you afloat. Tara Graviss, CCAM, is a community manager with Walters Management at Liberty Station in San Diego.
CACM’s “In the Boardroom” feature is intended to provide key trends, tips and practical advice for association board members. For easy sharing, you can also access this and other archived articles online at www.cacm.org.
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It’s Your Career, Own It! Continued from page 29
professionalism must be at its best for each and every interaction with the community and the homeowners. We all know today’s upset homeowner can be tomorrow’s board president. As you know, your job is still not done. Recall your financial management and budgeting skills. Your communities are nonprofit corporations. Your board’s budgeted income needs to perfectly match your expenses year after year. That’s right – community managers don’t produce a budget to operate in a deficit or a surplus. You make sure all the operating expenses are on target, including funding the boards approved 30-year reserve plan. You aim to spend just the right amount – nothing more, nothing less. Community association managers could give a few pointers on financial management to our government officials, don’t you think? At the end of the day, name one other profession that encapsulates all the skills, knowledge and expertise needed to do what we do day after day, year after year. You can’t. That is what makes us so unique. So own it! We are a very specialized profession. If someone does not know what you do, educate him or her. Don’t say you are something that you’re not. I guarantee you the next time they hear someone is a community association manager, they will be impressed! Clint McClure is the President and CEO at MMI – McClure Management Inc. in Carlsbad.
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Call (800) 922-7283 or email insurance@cacm.org Endorsed by California Association of Community Managers, Inc. (CACM) License # 0C41342 www.cacm.org | Vision Summer 2015 33
SOUND ADVICE FROM A BY EMILY YOST
“I strongly believe that I am successful because I take the time to get to know the individuals within the communities I work with.” – Eileen Carter, CCAM
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Two years ago, CACM created MyCommunityChampion.com, which supported a three year public relations campaign to raise awareness of the value of hiring professional, certified managers (CCAMs) for California HOAs. CACM held two sweepstakes drawings on the website for boards and consumers to nominate their “community champion” and share why their manager was the best choice for the title of “Community Champion.” Out of all the positive and inspiring nominations, one manager seemed to be a stand out. This individual was nominated by seven different boards for the title! Who is this community champion? Her name is Eileen Carter, CCAM of LLW Properties in Vacaville, a 25-plus-year veteran of the industry who believes that integrity, teamwork and trust are the foundations for success. Recently, CACM caught up with Eileen to “[EILEEN] HANDLES SITUATIONS WITH TACT. THERE IS find out what her keys to success are and why A LEVEL OF TRUST THAT BOARD MEMBERS HAVE WITH so many board members HER. HER RECOMMENDATIONS ARE TRUSTED AND respect and admire her. REQUESTED. SHE KNOWS OUR COMMUNITY WELL!” A self-proclaimed “straight shooter,” Eileen LISA HARPER, BOARD PRESIDENT PEAR TREE HOMEOWNERS ASSOCIATION OF NAPA began her career in community management in Hawaii working for the third largest management firm in the state (it also happened to be owned by a family member). “It was the perfect place to learn,” she says. “I served as an assistant on more than 30 condominium association accounts for four different managers. I was like a sponge. I wanted to learn everything I could about the business. After working diligently, I was promoted to a manager.” Eileen has managed associations ranging from 30-story condominium high-rises to custom built singlefamily home communities. Her natural sales, marketing and public relations skills have helped her develop quite a reputation for acquiring new clients – a skill set she attributes to her humble beginnings. “When I first started in the business, I worked off of a small salary plus commission. I wrote my own paycheck by ensuring we were constantly bringing in new properties and that the ones we had acquired stayed with us!” Her career has taken her to three different states where she refined her skills in community and condominium association management; property inspections and evaluations; development consulting; contract negotiations and administration; budget preparation; project cost analysis; public relations; sales; and everything in between. She is a frequent guest lecturer and natural advocate for the communities she represents. “I strongly believe that I am successful because I take the time to get to know the individuals within the communities I work with,” she says. “Teddy Roosevelt really said it best when he said, ‘People don’t care how much you know, until they know how much you care.’” Eileen believes that this may be her chosen profession, but these communities are the homes of the individuals she represents. “This is where they live and all managers need to always remember that,” she says. Continued on page 36
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Sound Advice from a Community Champion Continued from page 35
Eileen offers these keys to success for other managers: • Build a team around you – in your workplace and at your properties. – In your company: It’s not about the size of the company you work for, it’s about how well the team works together. – At your properties: Management is not about what you do, but how you lead those around you. Build that team environment where working together is expected. • Never promise what you can’t deliver. Honesty really is the best policy. • Never, ever throw the board, a staff member or a vendor under the bus – especially in public! People may have made mistakes, but you must always remain professional. The buck stops with you. You are ultimately responsible for managing the board members, staff and vendors who work alongside you. • Communicate regularly with your board and homeowners. Continuously remind the board that they represent all of the homeowners. Ensure they know that you will offer your professional opinion; however, the board ultimately makes the decisions. When you hear a board agreeing with everything
•
•
• •
•
•
you say, you should be worried. That means they are too comfortable with you and they must be challenged to get back to working as a team. Hold a board orientation as soon as a new board member comes into position. Manage their expectations. Share how the process works and how you will work with them. They are happy to work within the framework you set up, as long as their needs are met. Managers may not be popular, but having integrity and answering honestly is paramount. A community manager is not a retail sales customer service counter. We have rules and regulations we have to share with the board and sometimes the answer is “no!” The board may not want to hear it, but it is what we have to share. Your reputation is everything! Always do the right thing! Treat every community as you would treat your own home. If you see trash on the ground, pick it up! Be the professional you expect your team to be. Always be on the offense, rather than the defense. Professionals are not superhuman. They make mistakes. Never be afraid to admit a mistake. People appreciate hearing it from you first. Just be sure to follow it up with how you are working to correct it. This diffuses negativity and gossip. Educate, educate, educate! Board members should be encouraged to attend seminars and workshops. Keep in mind that they did not go to school to be a board member. They just bought a home! Board members look to their managers for insight on how to lead in their communities; after all, you are the expert. Guide them and never get complacent with their education. It’s a part of the job. The more you educate them, the easier your job will be. Sound advice, from a CACM Community Champion!
Emily Yost is the Marketing Director for MPS Financial in Rancho Santa Margarita.
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serving your communities
New Affiliate Members
CACM members further their success in the industry and benefit by partnering with colleagues to share new ideas and best practices. Please join us in welcoming these new members from the first quarter of 2015!
1 Source Solutions Inc. Carmichael | (916) 470-6029 www.1sourcesolutionsincorporated.com Action Asphalt Paving & Maintenance, Inc. Sacramento | (916) 854-1881 www.actionasphalt.com AWT Construction Group Inc. Benicia | (707) 746-7500 www.awtconstructioninc.com Barker Martin, P.S. Seattle, WA | (206) 381-9806 www.barkermartin.com Concept Paving Solutions, Inc. Orange | (714) 997-2200 www.conceptpaving.com The Detection Group Palo Alto | (650) 215-7300 www.thedetectiongroup.com Disaster Kleenup Specialists San Jose | (800) 427-1769 www.disasterkleen.com
EPipe Restoration Santa Ana | (714) 564-7600 www.restoremypipes.com GET Insurance Services & Associates San Jose | (408) 279-7171 www.getinsurancesvcs.com Global Disposal, Inc. San Diego | (858) 848-9278 www.globaldisposal.com Iger Wankel & Bonkowski, LLP Laguna Hills | (949) 600-8422 www.igerwankel.com Lifetime Vinyl Fence Supply Inc. Riverside | (951) 735-3500 www.lifetimefencesupply.com
Petalon Landscape Management, Inc. San Jose | (408) 453-3998 www.petalon.com Plaza Bank Irvine | (949) 502-4310 www.plazabank.com Southwest Construction Consultants Healdsburg | (707) 431-0200 www.southwestcc.us Southwood Pest Control Anaheim | (714) 579-7855 www.southwoodpest.net Superior Press Santa Fe Springs | (562) 368-1700 www.superiorpress.com
Mertens Insurance Agency Nevada City | (530) 265-0621 www.mertensinsurance.com O'Connor Team Insurance Agency San Jose | (408) 966-0115
Find an Affiliate Near You Are you in need of a service provider who understands the community management industry? The CACM Affiliate E-Marketplace is a convenient, online directory designed to make your service provider search easier. This free directory allows you to search for the type of service you need by city, county, category or name. Search now at www.cacm.org.
www.cacm.org | Vision Summer 2015 37
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BY BOBBIE GAFFNEY, CCAM, PCAM
■ FOR MANY, NATURISM IS A WAY OF LIFE, A PHILOSOPHY.
No Shoes, No Shirt, No Pants?! MANAGING A CLOTHINGOPTIONAL COMMUNITY HAS BEEN AN EYE-OPENING EXPERIENCE.
We are all familiar with the typical rules and regulations stating, “All persons using the pool and spa shall wear proper swim attire. Nude swimming and nude sunbathing are not permitted.” However, many associations now have rules and regulations that state, “Swimming pool and spa areas are nudist use only. No swim attire of any kind is permitted in these areas. Clothing is optional in other sections of Common Areas.” These associations are known as clothing optional, or naturist communities.
Those who practice naturism are perceived as being mainly about achieving an all-over suntan or finding a hot date. Nothing could be farther from the truth. Naturism is a way of life in harmony with nature. Most naturists have self-respect and a great respect for others and for the environment. They are comfortable in their own skin and, as a result, less stressed and uptight. That’s not to say that all who practice naturism are decent, well-mannered people; but, you have heard the saying “the clothes make the man.” In a clothingoptional community, the man must make himself and prove himself without the assistance of clothes. For many, naturism is a way of Continued on page 40
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No Shoes, No Shirt, No Pants?! Continued from page 39
life – a philosophy. For others, it is an opportunity to legally skinny dip, reduce laundry and save time deciding what to wear. From a management perspective, not much changes in managing a clothing-optional community; although, I must say, I don’t find it difficult to hire vendors when work is needed. You also tend to look people in the eye when speaking with them. However, from a human standpoint I have found a world of difference in the people. They appear less inhibited – more open and relaxed. As a result, complaints are fewer, requests are made politely and residents are truly appreciative. We know that different cultures have different customs. Different lifestyles bring different attitudes. Managing a clothingoptional community has been a new and enlightening experience. I have a genuine respect for those who have found this freedom and inner peace. And yes, “management” may enter the pool area fully clothed. Bobbie Gaffney, CCAM, PCAM is a community manager with The Gaffney Group, Inc. in Palm Springs.
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achieving professional excellence
Congratulations Managers
It is with pride that we recognize managers who have taken the next step in their professional career by pursuing advanced educational opportunities. Congratulations to our newest Certified Community Association Manager (CCAM) and Specialty Certificate recipients for the first quarter of 2015.
NEW CCAMs
Shannon Krutz, CCAM
Eric S. Altman, CCAM
Vincent J. Laherrere , CCAM
Karen Atkins, CCAM
Brian D. Lee, CCAM
High Rise Community Management
Betti Brown, CCAM
Marni Lopez, CCAM
Amy Yee, CCAM-HR
Shauna R. Caldwell, CCAM
Todd R. Martin, CCAM
Shanne Ho, CCAM-HR
Vlady Dmytrenko, CCAM
Mitzi Mills, CCAM
Evelyn Dy, CCAM
Daniel C. Moore Jr., CCAM
Jennifer M. Figgers, CCAM
Christine Moynihan, CCAM
Sean T. Green, CCAM
Autrey RF Porter, CCAM
Kathleen Griffith, CCAM
Eric W. Post, CCAM
Norman Hall, CCAM
Alisa M. Ramirez, CCAM
Shannon Holloway, CCAM
Francis Serrano, CCAM
Erin Ide, CCAM
Mark A. Tracy, CCAM
SPECIALTY CERTIFICATES
Large Scale Community Management Linda Alexander, CCAM-LS
Portfolio Management Kriss Stephens, CCAM-PM Paul Polk, CCAM-PM
Ginger M. Kretz, CCAM
www.cacm.org | Vision Summer 2015 41
Remembering Dan Kocal Honored Colleague and Industry Advocate
It is with deep sorrow that we share the news of the passing of one of CACM’s greatest manager members, Dan Kocal, CCAM. Dan was the Chief Operating Officer of The Management Trust and Vice Chairman of its Board of Directors. Before beginning his career in community management, Dan worked in education as a teacher and high school principal. In 1991, he founded The Management Trust – Kocal Division, ACMF, which currently represents more than 27,000 homeowners residing in more than 90 common interest developments throughout Northern and Central California. Dan became a member of CACM in November 1999 and was a prime example of a successful CCAM. He was a multi-term chairman of CACM’s Board of Directors, serving from 2002 to 2015. During his time with CACM he received the President’s Award in 2009, which honored his dedication to the betterment of CACM and the membership that showed through his words and actions. “It saddens me that one of the finest and most influential members of the community management industry is no longer with us. His legacy and commitment to this industry, the professionals and to CACM will last forever,” says David Zepponi, CACM President & CEO. “Dan was a man always willing to say his peace and push for excellence. He was a mentor and I, for one of many, will miss his wisdom, friendship and caring leadership.” Gordon Goetz, CCAM, CEO of The Management Trust – Goetz Manderley and chair of CACM’s Board of Directors, described Dan as a friend, mentor, relationship builder and educator. “He fully recognized that personal and professional success come from a solid core of knowledge coupled with ethical business practices,” says Goetz. “While a board member and Chairman of CACM, he spearheaded many significant issues that have strengthened our fine organization and brought measurable value to each and every member – Policy Governance, board member term limits, MCAM and specialty designations. We salute you, Dan!” Dan was a devoted family man, friend and champion to the industry he served. He brightened any room by his presence alone and inspired many to achieve their greatest potential and serve their communities well.
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In honor of Dan’s legacy, CACM has donated $5,000 to the Michael J. Fox Foundation for Parkinson’s Research, an organization he regularly supported.
DAN KOCAL SCHOLARSHIP Dan Kocal was devoted to the progression of the community management industry, and he often championed for his fellow professionals to embrace their accomplishments.
“Community managers should never be afraid to toot their own horns, but many rarely do,” Dan said, when commenting on the value of earning the CCAM or MCAM over other credentials. “As professionals, we should be in the habit of highlighting our educational and professional endeavors in our reports to our boards, signifying our commitment to stay current and educated so that we may keep our boards in safe harbors.”
In memory of Dan and his commitment to professionalizing our industry, CACM is working to establish the Dan Kocal Scholarship, which will be used to help community managers pursue CACM’s credentialing programs.
“Dan Kocal was a man who held himself to a high standard of excellence and inspired the same from those around him,” says Bill Sasser, CEO of The Management Trust and past Chair of CACM’s Board of Directors. “An educational fund in his name to promote excellence in our industry is an appropriate recognition for this great man.” More details about this memorial scholarship will be released to the membership in the coming months.
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Dealing with a Difficult Board? Turn the Cards You’ve Been Dealt Into a Winning Hand
What power do I have to change how my board functions? As the manager, you have the responsibility of managing up – understanding that even though you have no positional power to tell the board how to operate, you are unequivocally expected to share best practices for doing so. What does a winning hand look like? The board should operate as a strategic unit with defined goals, roles, standards and accountability methods that empower the board and the manager to do their best work. How does a manager make that happen? Develop your strategic leadership mindset and understand Policy Governance® principles as they apply to community association boards at CACM’s BDA300 and BDA500 courses. What would I learn in BDA300? BDA300 Fundamentals of Effective Governance is an introduction to BDA500 and provides a foundational understanding of Policy Governance principles. Manager skills for success will be examined, including developing your strategic leadership mindset, new communication habits and accountability criterion necessary for working with a board within this framework. This course will help managers assess their readiness for implementing Policy Governance with their association boards. 44
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What Your Peers Are Saying About the BDA300 Course “Gave me a different way to approach my board. A different way of doing things outside of the box.” - Nora Williams, CCAM CitiScape Property Management Group, LLC “It’s budget season and I'm eager to use this as a tool with my boards to figure out what their expectations of me are, their expectations of themselves in their role as board members are, and most importantly, what do we want to accomplish in the coming year? I think that will have a lot to do with the budget that we establish.” - Jasmine Olsen, CCAM A Superior HOA Management Co.
What would I learn in BDA500? BDA500 Effective Governance Principles for Community Associations is a two-day, masterlevel leadership course that teaches senior-level managers how to take their board(s) through a strategic planning process of defining goals, roles, standards and accountability. Students will learn how to apply Policy Governance principles to increase the efficiency of boards of directors for common interest developments. Participants practice creating policies and will leave with sample policies that may be customized for individual clients. Don’t Miss These Upcoming Courses BDA300 Fundamentals of Effective Governance June 17 Concord
October 21 San Diego
BDA500 Effective Governance Principles for Community Associations November 2 Concord
On-Demand* Orange
*To join the waitlist for this course, go to www.surveymonkey.com/s/Request_a_Course. The course will be scheduled in Orange once CACM has received the minimum number of required community managers interested in attending.
ALL-STAR FACULTY Meet one of CACM’s top-rated instructors
Sandra Bonato, Esq., CCAM Berding|Weil LLP Walnut Creek, CA 27 years in the industry: first as a community manager for condominium and townhome communities in the Bay Area, then as Director of Client Services for Berding|Weil LLP, followed by attending law school and continuing with Berding|Weil LLP as an attorney and now as a principal advising community associations. “It is my honor to work with those who aspire to the CCAM designation. When we are in the classroom together, I am constantly amazed at – and so proud of – my students’ eagerness to master the concepts they need in their chosen profession of community management. The future and they are looking very bright!”
What Students Are
What Your Peers Are Saying About the BDA500 Course “Provides me with the tools to start my board down a more organized path for policies and best practices procedures to streamline information and alleviate questions. Creating more trust with the board and focus on purpose to allow for better strategic planning of operations.”
Catch Sandy teaching these Saying About Sandy: courses in Northern and “Sandy is an excellent speaker Southern CA: and trainer. She explains concepts clearly and in understandable terms. • Age-Restricted Active I was happy to see she would be Adult Community teaching the class [that I attended].” Management Sheila Tonini, CCAM • Assessment Collections Associa Northern California An Associa® Company, ACMF • California Law Series: Modules I, II and IV • Effective Meeting & Election Tools
- Joanne Rose, CCAM Associa - Desert Resort Management www.cacm.org | Vision Summer 2015 45
■ “ETHICS” IS A WORD
ethical
WE SOMETIMES BECOME IMMUNE TO
Are You As
As You Think You Are?
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If you’re like most people, you follow CACM's Code of Professional Ethics and Standards of Practice, which you agreed to abide by when you became a member of CACM. That’s what we’re taught to do. Any repeat discussion of ethics can be numbing. So, the next time you take a CACM Ethics course, consider broadening the discussion to how each individual manager can take responsibility for keeping our industry ethically sound. “I Don’t Want to Rock the Boat”
need to self-police. The next time you turn a blind eye to a violation of the Code of Professional Ethics to which fellow manager members hold themselves accountable, pause for a moment to think about what decision you should make. To turn a blind eye means to allow the problem to perpetuate. Holding a peer accountable to the standard by which he agreed to abide breeds integrity in our industry and thereby positions all community managers to be more credible and influential in the eyes of the public.
There is an alarming underlying aspect within our industry and society at large by Be a Champion for Your Community which professionals turn a blind eye to holding others accountable. Consider headline and Your Industry stories about Joe “Pa” Paterno, Penn Decide to take responsibility for State’s beloved head football coach. He keeping our industry ethically sound. turned a blind eye to defensive coordinator If you are aware of a CACM manager Jerry Sandusky’s pedophilic locker room member who has violated the Code activities. The consequence? Pa was of Ethics while practicing community abruptly fired from his 15-year coaching management, CACM has a system position and spent his final years answering in place to review those actions and for his cover-up. Lance Armstrong, sevenhold that individual accountable, if time Tour de France winner, doped in applicable. competition because “everyone else was,” Here’s what you need to know: then lied about it. The consequence? He • A complaint can be filed was stripped of everything he worked against a manager member for: medals, winnings, reputation and of CACM by either a fellow cancer foundation. These are high-profile CACM manager member or examples to be sure, but before they were by a majority of the manager’s in the news they were everyday people board of directors. with the opportunity to speak out when • All complaints received, whether processed or not, are logged with CACM. they saw wrongdoing. They even had • All complaints will be reviewed and, if the complaint is valid, you will be sent the advantage of being in respected and the appropriate forms to formally register the complaint. influential positions, which makes it that • All documentation for the complaint must be made in writing to CACM and much more perplexing as to why they sent by certified or traceable mail. didn’t hold wrongdoers accountable. • The complaint must state the citation of the Code of Ethics that was violated. • The complaint will be reviewed by CACM’s President & CEO, followed by the To NOT Take Action is a Decision Professional Standards Committee (PSC). If appropriate, a PSC hearing date We are a small industry. If you’re in it will be scheduled. long enough you get to know everybody. We all want to get along and we don’t want to burn bridges. That’s understandable. But in order to have a healthy industry and raise the reputation of community Contact certification@cacm.org for more info or to request a complaint form. managers in the eyes of the public, we
In order to have a healthy industry and raise the reputation of community managers in the eyes of the public, we need to selfpolice.
www.cacm.org | Vision Summer 2015 47
Managing Expec
BY PATTY GARCIA, CCAM
As community managers, how do we deal with boards that are unreasonable and expect an immediate response to any communication, demand or question they may have?
Managing our time and delivering quality service to our boards is all part of the package we provide. However, as we all know, the boards’ expectations might not be totally reasonable – or more importantly, even covered in their contract. Walking the fine line between providing great service and being expected to perform miracles at no extra charge is difficult. As a group of professional community managers, we all need to work together to properly manage our boards’ expectations so that we all are treated with respect and adequately compensated for the work we perform. Take the example of a board member’s recent email to me. Board Member: Please call me at 222-333-3333 when you have a moment (after 11 a.m.). Will only be available till 1 p.m. Discussion topics: 1. Your email 2. Budget 3. Budget Letter 4. Newsletter components 5. Mr. & Mrs. Homeowner’s issue 6. Ms. Homeowner’s email re #5 7. Our Bank Loan 8. Legal/Adjustors, etc. 9. Insurance
Receiving a request like this can put a real crimp in your day! I will be honest and say it didn’t bode well with me. Things escalated from there as you can see from the exchange of emails below. This shows how board expectations and our responses to the same can get a little out of control. Board Member: I would like to have copies of all the invoices received from blank that were charged against blank. Can I obtain the PDFs from your website? If so … direct me. If not I especially want to see the invoices submitted when the attorney was commissioned to start the lawsuit (see my attachment … the yellow shaded period). Thanks.
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ctations Me: This will take several hours to do, and I will have to charge you. I would agree to do it for (a discounted cost) $75 per hour and will not be able to deal with it until next week. If you or other board members want to come into the office, pull the boxes, locate the invoices and copy them you can do that. Please let me know how you would like to proceed. Board Member: You are totally aware of our financial situation and as such I will not
■ IT IS IMPORTANT FOR THE FUTURE OF COMMUNITY MANAGERS AND OUR INDUSTRY TO REPRESENT OURSELVES AS PROFESSIONALS SO WE WILL BE TREATED WITH THE RESPECT THAT, THROUGH HARD WORK AND EDUCATION, WE HAVE EARNED.
subject the HOA to a $75/h fee to obtain information that the Board should have available to them at a moment’s request. $117K has been charged by our attorney just on the lawsuit, and the board should be able to review these charges. I am not questioning the integrity of the charges, but typos, duplication errors, wrong entries, etc. can happen. All I want to do is check the billing. Questions: These legal fees were charged to account 3200 between 6/11/2012 to the present. Why are they not easily available on your website financials by vendor … or are they? If they are not, your filing system needs to be reevaluated. Continued on page 50
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Managing Expectations Continued from page 49
This is a simple search of files by a clerk. How do you justify a $75/hour charge for this? How many hours???? In summary, if you cannot provide this information, I’ll locate it with a cost of $0 to the HOA. For the record … and yes, I’m aggravated with your response.
While I changed some of the names to protect myself and to assure that the writer remains anonymous, these are very real emails with very unrealistic expectations (theirs, not mine; I actually expected this exchange). This exchange finally caused me to halt, assess the situation, and take decisive action. In hindsight (don’t you love hindsight?), it was my fault for allowing the situation to get out of hand. By the time I received this request I was angry, which is clear by my curt response. So what is the lesson learned? How does a manager address issues like these without losing the account or offending a board member? First and foremost you must have confidence in yourself as a Certified Community Association Manager (CCAM) and in the value you bring to the community. Whether you are new to the industry, or a seasoned manager, it is exceedingly important to take decisive action to address this behavior and to educate the board of directors on your role as a professional community manager, and on the parameters of your contract, otherwise the behavior won’t change. When working with your boards, make it clear you are a professional and they are not paying you to buy cookies, make coffee or set up the meeting room. It's also important to reiterate
You must have confidence in yourself as a Certified Community Association Manager (CCAM) and in the value that you bring to the community. you will not be available 24/7 or via your cell phone after hours. You are a professional manager and as such you will be happy to delegate the above tasks to the appropriate staff member. (I know not everyone may agree with me on the above, but it is my practice and it works well for our firm.) Allowing mistreatment and misunderstanding of the manager’s role only perpetuates the behavior, and the disservice to you and any managers who may come after you. To resolve the problem these expectations created, I asked the board to meet early at the next meeting to discuss the association’s management. I prepared a list of issues I wished to address with them. I did not include my list in the packet but did provide our management contract in the materials for their review. At the meeting we discussed the issues and I educated the board members on the services that were and were not included in the contract and the extras that could be performed for an additional fee. Since then the relationship has changed for the positive and the board treats me respectfully. They are also more thoughtful about my role as a community manager. While I am grateful that the outcome of the above scenario was successful, I am not, however, naïve enough to believe that every case will work out as well. There are some situations where it would be more appropriate for the supervisor or company owner to address the issue with the board directly. While we may not always get the result we hope for, it is important for the future of community managers and our industry to represent ourselves as professionals so we will be treated with the respect that, through hard work and education, we have earned. Who knows? Perhaps they will even bring cookies and coffee to the next meeting; stranger things have happened. Patty Garcia is the President of MCM, LLC in Santa Ana.
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www.cacm.org | Vision Summer 2015 51
Message from a Vision Editorial Committee Member By Dean Jackson, CCAM-HR
W
hen I began writing articles for Vision magazine over 10 years ago, I looked at it as a way to have some fun while feeding my creativity. What I received and continue to receive is much more. Being part of the Vision Editorial Committee has enabled me to develop relationships with my peers from all over California, learning from them, teaching them, and sharing ideas. The quarterly
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meetings (only an hour long) have become times that I really look forward to; they are fun and enable us to discuss topics of concern to the community management industry overall and to individual managers and service providers. As a manager, I have grown in my knowledge of the industry, and that has fueled my desire to help the industry grow and prosper with the help of the professionals who comprise it; I'm happy to support my fellow professionals and the communities we work so hard to serve. As a writer, I have been rewarded by getting to write about topics that interest me and
others. It's very satisfying to see my work artfully laid out on the printed page and know that I may have brought a few people a good laugh and perhaps a bit of information that will help them in their careers. If you are interested in writing, learning, and getting to know some very interesting and talented people, I highly recommend that you consider joining the CACM Vision Editorial Committee.
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November 2013 Management Report
My Communities
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Tasks Summary
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Report Description A Task is an association ation management business matter that requires action and is created by, and/or assigned to either a management company employee, such as the Community Association Manager, or Board Member. All open action items, other than repair repai and maintenance tasks, should be documented in the Tasks List to clearly track and manage open issues through to completion. Repair and maintenance tasks are typically managed using Work Orders although some Tasks may create the need for an underlying Work Order and can be linked to a Work Order. Board Members can create, update and monitor Tasks by accessing the Board Portal at www.ciranet.com . See additional information regarding Tasks at http://www.ciranet.com/SWP/Tasks_Summary_Report.pdf .
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Ocean Colony Reserve Study Proposal FY 2014
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dagmar.wachter
dagmar.wachter
10/31/2013
Financial account Balance Review
Completed
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dagmar.wachter
11/14/2013
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10/07/2013
November 2013 Management Report
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www.cacm.org | Vision Summer 2015 53
SOUTHERN CALIFORNIA
Disneyland Hotel, Anaheim March 12-13, 2015
HALL OF HEROES
The 2015 Southern California Law Seminar & Expo, held March 12 – 13 at the Disneyland Hotel in Anaheim, drew more than 600 community managers for two days of informative sessions, idea sharing and an exhibit hall featuring more than 140 exhibitors.
Manager attendees explored new legislation and case law; property insurance claims; safety, security and privacy issues; and more. Attendees also had the option to participate in Table Topic sessions; managers visited the table (or tables) of their choice, brainstorming solutions to various topics with other managers and the attorney facilitators. This year’s event also featured the CCAM Oath Ceremony, recognizing managers who recently earned the prestigious CCAM designation; the evening Managers’ Reception, full of networking and fun; and the new CACM Events app, which allowed managers to access session materials, speaker information and schedule of events all at the convenience of their mobile device. Check out more photos from the event at www.facebook.com/CACMchat or visit our online Photo Gallery at www.cacm.org.
Here's what a few participants liked best this year Learn from the Experts
“I found that the Law Seminar was quite exceptional and interactive with inclusion of the technological aspect. The onsite biometrics portions were helpful and encouraging to see – especially in a room filled with well educated CID Managers.” -Frank Jauregui, CCAM Transcend Association Management 54
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Build Valuable Connections
Have Some Fun
“I loved being able to find the exhibitors on the app in advance and easily go to all of the booths I marked. It was roomy to move about and the theme was fun.”
“I really felt that the speakers were excellent along with the information that was given.”
-Michelle R. Farnam-Topliff, CCAM Excalibre Management
-Elizabeth Weber, CCAM The Management Trust – Monarch Group Division, ACMF/Indian Ridge HOA
Southern California Vision Award Winners
Booth Contest Winners
Rising Champion Kathy Young, CCAM, San Diego Managers’ Choice Morgen Hardigree, CCAM, Tustin Leadership Attila Acs, Irvine Courtney Buehler, CCAM, Irvine Cynthia Cattern, CCAM, Irvine Noreen Husain, CCAM, Aliso Viejo Lesley Millender-Irwin, CCAM, Laguna Hills Jake Parvino, CCAM, West Hollywood
1st Place Epsten Grinnell & Howell, APC
Excellence in Service Kendrah Kay, CCAM, Irvine
Thank You to Our Sponsors General Law Session The Miller Law Firm WICR Waterproofing & Decking Welcome Reception Drink Tickets Berding | Weil, LLP Law Offices of Michael A. Hearn Kriger Law Firm
2nd Place Berding | Weil , LLP
Exhibit Hall Luncheon Angelo Termite & Construction Dave Bang Associates Refreshments Allied Trustee Services Concurrent Session Antis Roofing and Waterproofing Global Disposal Securitas Security Services USA, Inc. Continental Breakfast A-One Construction & Roofing
3rd Place Association Lien Services/ SwedelsonGottlieb
Welcome Reception Beaumont Gitlin Tashjian CID Insurance Programs, Inc. Fiore Racobs & Powers, APLC Massie-Berman, APC Reconstruction Experts Total Building Care, Inc. Exhibit Hall Luncheon Angelo Termite & Construction Dave Bang Associates Refreshments Allied Trustee Services
Honorable Mention ValleyCrest Landscape Companies
www.cacm.org | Vision Summer 2015 55
CACM’s 2015 Legislative Priorities AB 349 Artificial Turf Bill: This bill would make void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits the use of artificial turf or any other synthetic surface that resembles grass. Existing law allowing the association to apply landscaping rules remains intact.
Identify and Contact Your Legislators In terms of California legislation, it’s all about who you know – or at least who you contact. Be proactive and identify who your local legislators are and learn how to connect with them. These are the individuals who listen to your concerns and speak to key decisions that impact legislation on CIDs. Find your local legislators at www.leginfo.ca.gov/yourleg.html.
show your support
AB 634 Timeshare Bill: This bill provides a process for a timeshare property owner to communicate with other owners within a timeshare association on matters related to “legitimate association business,” without requiring the release of the owner list. CACM is seeking to distinguish “managing agent,” as defined by the Davis-Stirling Act, from “managing entity,” as defined in the Timeshare Act, to avoid potential secondary liability for CACM members. AB 596 Annual Budgets Reporting of FHA and VA Certification: This bill would include the inclusion of a statement of whether a condominium project is FHA or VA certified. CACM is working to ensure the language is limited to condominiums. AB 807 Title Transfer Fees: This bill impacts Commercial Code 1098 and 1098.5 related to covenant-established transfer fees. CACM is
monitoring this bill to ensure it does not impact transfer fees under the Davis-Stirling Act. AB 1448 Clothesline Bill – Solar Systems: This bill would prohibit governing documents or a rental agreement or lease from effectively prohibiting or restricting the installation or use of a clothesline. The bill explicitly allows the association to impose reasonable restrictions. AB 1516 Housing Omnibus Bill: Working with industry association collaborators to make housekeeping changes to the Davis-Stirling Act. SB 328 Pesticide Use Notifications: This bill would require the landlord and authorized agent to provide notification to residents when applying pesticides by a non-licensed applicator. This could include HOAs. Language may be construed to infringe on the DavisStirling Act interpretation of an “authorized agent or landlord.” Liability for notification could be transferred from the applicator to the “authorized agent or landlord.” CACM is working with the author to address these issues.
Thank You to Our Sponsors
Thank you to our 2015 first quarter sponsors for their generous contributions. The next time you encounter a CACM sponsor, please join us in acknowledging the work and generosity of these supportive members.
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A Plus Tree, Inc.
EmpireWorks Reconstruction and Painting
R.E. Broocker Co., Inc.
A-One Construction & Roofing
Fiore Racobs & Powers, A PLC
Reconstruction Experts, Inc.
Allied Trustee Services
Focus Business Bank
Roof King Roofing, Inc.
Angelo Termite & Construction
General Construction Services, Inc.
Roofworks & Construction, Inc.
Antis Roofing & Waterproofing
Global Disposal, Inc.
Securitas Security Services USA, Inc.
Association Lien Services
Hearn, Law Offices of Michael A.
ServiceMaster Restoration Services
B. Taylor Painting
JPA Landscape & Construction, Inc.
SwedelsonGottlieb
Beaumont Gitlin Tashjian
Kelly-Moore Paint Co., Inc.
The Miller Law Firm
Ben's Roofing, Inc.
Kevin Hennessy Insurance Services
Total Building Care, Inc.
Berding | Weil LLP
Kriger Law Firm
Universal Protection Service
CID Insurance Programs, Inc.
Massie-Berman, APC
Unlimited Property Services, Inc.
CMA Consulting
New Pipes, Inc.
WICR Waterproofing and Decking
Dave Bang Associates
Nextility
Vision Summer 2015 | www.cacm.org
Member News
With thousands of members spread out across California, CACM strives to keep in touch with all of our members’ latest happenings.
JANUARY
APRIL
Industry Leader Continues Growth, Expansion
PowerStone Property Management Raises $52,000+ for Pediatric Cancer Research Foundation
CACM affiliate member, Automated Gate Services, Inc. (AGS), is pleased to announce that Bob Harvey has joined the team and will oversee new business development. Harvey brings 12-plus years of experience in managing and day-to-day operations of homeowners associations, which is essential as the company renews its focus on controlled access communities.
PowerStone Property Management Inc., a CACM Management Firm Council member based in Orange County, announced that $52,175 was raised in support of the Pediatric Cancer Research Foundation (PCRF), which recently hosted their Reaching for the Cure event on March 28 and 29. This year the event raised a grand total of over $220,000, including Corporate Sponsor PowerStone’s donation – the largest amount for a Corporate Champion team for the third year in a row.
Carrie Johnson, AGS President and CEO, said, “Bob is an award-winning, dedicated professional, and we are happy to have him on board. His industry knowledge and leadership abilities are already clear as we welcome him to the AGS family. Our innovative product lines, along with the increased demand from access controlled communities, had us searching for someone with a proven track record of outstanding service, and we were pleased that someone of Bob’s abilities was available to fill the role.”
MARCH
Affiliate Member, Sterling Jenkins, ‘Gladly’ Welcomes in New Baby Boy Sterling Jenkins, an employee of CACM affiliate member company Gladly, welcomed a brand new baby boy (Theodore Jenkins) on March 23, 2015. Sterling was prepped and ready to attend this year’s Southern California Law Seminar & Expo where he would meet and network with managers and fellow industry colleagues. But when news arrived that his wife would soon go into labor, Sterling focused his sights on meeting a new bundle of joy. Although Sterling could not attend the Law Seminar & Expo, he couldn’t be happier with the new addition to his happy family.
“The event gets better every year. Everyone has fun and the donations keep climbing,” says René Decker, CEO of PowerStone. “The entire PowerStone family is grateful and proud of the great work of the Foundation.” Jeri Wilson, Executive Director of PCRF said, “With funding for pediatric cancer research declining, we are grateful to PowerStone for their incredible generosity and recognize their support of our families fighting cancer. This is the third year that PowerStone has been our largest fundraiser as an Individual Team. We celebrate their commitment to finding a cure for pediatric cancer as a local Orange County business.” Since its founding in 1982, PCRF has partnered with businesses, foundations, and individuals and has raised over $30 million toward the ultimate goal of ending pediatric cancers. To view more recent news, log in to the Members Only section at www.cacm.org. Email communications@cacm.org to learn how you can submit news of your own. www.cacm.org | Vision Summer 2015 57
Accredited Community What? Understanding the ACMF and why you should care
maintain the Certified Community Association Manager certification (which, you guessed it, has its own acronym – CCAM). The CCAM certification provides community managers with comprehensive, California-specific education and ethical guidelines, which contributes to an ACMF company’s stellar reputation and continued success. What else is involved in earning the ACMF? ACMF accreditation also requires that the company be a CACM Management Firm Council member and submit an independent CPA review showing they adhere to specified risk management practices and financial controls. In addition, the company must maintain strict insurance requirements and renew their ACMF accreditation every three years.
T
he community management industry is full of acronyms: BOD, CID, HOA, PUD, CEU, CCAM, MCAM. So, if you’re having trouble keeping track, you’re probably not alone. But, we want you to remember one more important acronym, if you please: ACMF. What is the ACMF? ACMF stands for Accredited Community Management Firm, and it’s the CACM accreditation for management companies committed to the highest state-specific standards. What do you mean by highest state-specific standards? ACMF companies make a commitment to have all of their community management staff members earn and
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Vision Summer 2015 | www.cacm.org
Wait, why should I care? For individual managers, the ACMF is a vehicle for statewide industry promotion. The ACMF elevates professional standards for your industry and helps raise public awareness about management companies and managers who are doing things right. Management companies that earn the ACMF accreditation have a clear competitive edge over their competitors – consumers can easily recognize and trust the commitments of ACMF companies in the industry. Plus, CACM has created a complimentary marketing brochure for ACMFs to distribute to current and prospective clients to demonstrate the value of their accreditation. Interested in earning the ACMF for your firm? Contact certification@cacm.org or visit www.cacm.org/management-firm. html to learn more.
Advertiser Index
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A.S.A.P. Collection Services.............................. www.asapcollect.com................................ 19 Affordable Awnings Company......................... www.affordableawningsco.com................. 5 Ameristar Perimeter Security USA Inc............. www.ameristarfence.com......................... 23 AMS Paving, Inc................................................. www.amspaving.com................................ 22 Berding | Weil LLP.............................................. www.berding-weil.com............................... 3 Berg Insurance Agency..................................... www.berginsurance.com.......................... 22 CID Insurance Programs, Inc............................. www.cidinsurance.com............................. 33 CiraConnect, LLC............................................... www.ciraconnect.com............................... 53 Community Legal Advisors Inc......................... www.attorneyforhoa.com......................... 19 Focus Business Bank.......................................... www.focusbusinessbank.com.................. 12 Heritage Bank of Commerce............................ www.herbank.com..................................... 40 Kelly-Moore Paint Co., Inc................................. www.kellymoore.com................................ 12 Kriger Law Firm.................................................. www.krigerlawfirm.com............................. 32 MPS Financial, LLC............................................. www.mpsfinancial.com............................. 32 Mutual of Omaha Bank..................................... www.mutualofomahabank.com............... 53 Neuland, Whitney & Michael, APC.................. www.nwmapc.com...................................... 6
Have you heard the news? CCAMs and MCAMs who hold a Specialty Certificate can now showcase their expertise by using the assigned designation for that specialty after their CCAM or MCAM designation.
Pacific Utility Audit, Inc...................................... www.pacificutilityaudit.com........................ 6 SPECIALTY CERTIFICATE
DESIGNATION
Page Per Page.................................................... www.pageperpage.com........................... 38
High Rise Community Management
CCAM-HR
Peters & Freedman, LLP.................................... www.hoalaw.com....................................... 41
Large Scale Communit Management
CCAM-LS
Portfolio Management
CCAM-PM
New Development Community Management
CCAM-ND
Rankin, Law Offices of Ann................................ www.annrankin.com.................................. 51 Real Estate Data Solutions................................ www.redatasolutions.com........................ 25 Reserve Studies Inc............................................ www.reservestudiesinc.com..................... 51 SABER................................................................. www.saberfoundations.com..................... 40 Serpico Landscaping, Inc.................................. www.serpicolandscaping.com................... 5 Stagecoach Wireless......................................... www.stagecoach-wireless......................... 51 Sunset Landscape Maintenance, Inc............... office@sunset-landscape.com ................ 43
Age-Restricted Active Adult CCAM-LS.AA Community Management* Commercial & Industrial CID Management**
CCAM-LS.CI or CCAM-HR.CI
*Adjunct to the Large Scale Specialty Certificate **Adjunct to either the Large Scale Specialty Certificate or the High Rise Specialty Certificate
SwedelsonGottlieb............................................ www.lawforhoas.com................................ 23 Union Bank.......................................................... www.hoabankers.com............................... 38
Contact certification@cacm.org for more information. www.cacm.org | Vision Summer 2015 59
Empowering Managers. Enriching Communities.
23461 South Pointe Drive, Ste. 200 Laguna Hills, CA 92653
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If you’ve missed any of the recent issues of Vision magazine, you’ll be happy to know they are now accessible in the Members Only section at www.cacm.org. These digital copies allow you to easily click through pages and link to external pages for more information about CACM offerings or our advertisers. The last two years’ publications are available, along with the current issue. Log in now at www.cacm.org/member-login.html to access the Vision archive.