Insight and Education for Community Associations Community Associations Institute / Central Arizona Chapter / www.cai-az.org
Issue 1 / 2012
Making a Difference In The Community Need Paint? Conceptual Idea = Community Input Community Involvement = Community Informed! A Hole New Pool Band Of Angels Caring for Those Who Serve Who Ever Heard of an Assessment Raffle? We Serve, You Save Death – Can There Be an Upside? CAI Mortgage Matters
PLUS… President’s Message Myths and Misconceptions 2012 CAI CAC Event Calendar
Issue 1 / 2012
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Making a Difference In The Community Issue 1 / 2012
Community Associations Institute / Central Arizona Chapter / www.cai-az.org
Features 12
Departments
19
Need Paint? By Jeff Reynolds, CMCA, AMS
President’s Message . .......................... 4 From the Editor
13 Conceptual Idea = Community Input
Executive Summary ............................. 6
Community Involvement = Community Informed!
New Members ..................................... 8
By Mitzi Mills, PCAM, CMCA, LSM
Welcome to the Central Arizona Chapter!
15 16
A Hole New Pool
CAI Events ......................................... 10
By Suzanne White, CAAM, CMCA
Annual Meeting and Luncheon Awards 2011 Golf Tournament November Chapter Luncheon January Chapter Luncheon
Band Of Angels A Community Awareness Organization By Ian Welsh, CMCA, AMS, CAAM
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Caring for Those Who Serve By Lynn Krupnik, CCAL
Diamond Corner ................................ 25 Showcase of Top Sponsors
Who Ever Heard of an Assessment Raffle?
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By Kristine Nau, CMCA, CAAM
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Myths & Misconceptions ................... 14
Making a Difference in the Community By Julie Adamen
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We Serve, You Save By Martha Golea
Death – Can There Be an Upside? By Mark L. Wade, CMCA, AMS, LSM, PCAM
22 23
Federal Housing Administration’s (FHA)Condominium Guidelines
CAI Mortgage Matters
CAI Mortgage Matters
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2012 Annual Sponsors
Committee Chairs . ............................ 28 2012 Committee Chairs
Congratulations Corner .....................30 October 2011 through January 2012
Progress Report
24
Annual Sponsors ............................... 26
More Housing Uncertainty in 2012 CAI Mortgage Matters
Calendar of Events ............................ 32 2012 CAI CAC Event Calendar
While efforts to insure accuracy are exercised, the publisher assumes no liability for the information contained in either editorial or advertising content.
Valhalla Holdings Custom Publishing www.Valhalla360.com
For advertising and editorial information,please call Valhalla Community Magazines at (480) 634-1708.
Issue 1 / 2012
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From the president
President’s Message
Community Associations Institute Central Arizona Chapter 2012 Board of Directors Chapter President Angela Potts, Esq. Potts & Waldron 480-882-0937 • apotts@pottswaldron.com Chapter President-Elect Josh Bolen, Esq. Carpenter, Hazlewood, Delgado & Bolen, PLC 480-427-2862• josh.bolen@carpenterhazlewood.com
By Angela L. Potts We have jumped right into 2012 and it is proving to be a busy and productive year. Many aggressive goals have been set by our Arizona Chapter Board of Directors relating to increasing membership numbers, sponsorship dollars, humanitarian efforts, education opportunities, and grassroots legislative advocacy. The overarching idea behind these goals is positively changing the public image of community associations as a whole. I want to take a moment and bring your attention, however, to what I believe to be the most pressing issue right now – the ongoing legislative session. We need your help in making an impact on our legislators. Over twenty bills (proposed laws) have been introduced that negatively impact associations, board members, the homeowners, or the community managers. It is imperative that each one of you and the homeowners in your communities make telephone calls and email the legislators you put into office to voice your concerns on various proposed pieces of legislation. We will also need to have a group of people organized to go to the legislature, in person, on one day’s notice, to be a presence at various hearings. If you are interested in being a part of our ever growing grassroots efforts to stop bad legislation, please email our executive
director, Kayte Comes at kayte@cai-az.org and she will ensure your contact information is included in the email blasts that contain updates about bad legislation and our current needs. Please watch for any email that is titled, “Action Alert.” The CAI-CAC Legislative Action Committee will only send these “Calls to Action” if and when we truly need as many members as possible to become involved immediately. These emails will provide you with step-by-step instructions about how to best help our thriving chapter. The bills that have been introduced so far can be found on our 2012 Legislative Bill Tracking list which is located on our website at www. cai-az.org under the Legislative Center/About AZLAC tab. This is updated weekly so you can keep yourself informed and up to date. Together, let’s be ready and willing to work together to make a difference and make 2012 a great year. Angela L. Potts has been advocating for and advising community associations for the past seven years. Ms. Potts graduated with her B.A. in Psychology from University of Texas, Austin in 1998 and from the Tier 1 law school, William Mitchell College of Law, St. Paul, Minnesota, in 2001. Since 2006, Ms. Potts began and continues to serve as the Co-Chair for CAI-CAC Education Committee. She is often invited to speak all over the valley on a variety of legal topics including Electronic Record Keeping in the Digital Age, CC&R Enforcement, Construction Defects and Community Association Law topics generally.
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Chapter Secretary David Segal ACE Construction Services 602-840-4500 • david@acewds.com Chapter Treasurer Sean Madigan Stone Creek HOA 480-545-1212 • seanjen98@msn.com Chapter Directors Milan Carnes Verde Groves HOA 937-477-8652 • milancarnes@hotmail.com Lynda Erickson, PCAM Rossmar & Graham 602-616-7322 • lerickson@rossmar.com Denise Ochoa Kasdan Simonds Weber & Vaughan, LLP 602-224-7808 • dochoa@kasdansimonds.com Linda Van Gelder ALPHA Community Management 602-696-1303 • linda@alphacommunitymanagement.com CAI Central Arizona Staff Kayte Comes Executive Director 602-347-8726 • kayte@cai-az.org Chapter Office 2221 W. Baseline Road, Suite 101 Tempe, AZ 85283-1039 Tel: 602-347-8726 • Fax: 602-414-5553 info@cai-az.org www.cai-az.org Community Resource Committee Committee Chairs Elaine Anghel, CMCA, AMS, PCAM Tri-City Property Management Services, Inc. Regis Salazar, CMCA, AMS Vision Community Management Board of Directors Liaison David Segal ACE Construction Services Committee Members Anne Dill Mutual of Omaha Bank
From the Editor... With the New Year under way, now is a good time to pause and reflect on how each of us can make a difference in our community. We are dedicating this issue of Community Resource to stories of individuals and groups who have made a positive impact in their communities. We hope the articles in this issue are informative and inspiring, and that you
Chapter Vice-President Mary Jo Edel, CMCA, AMS, PCAM PMG Services 480-829-7400 x202 • maryjo@pmg-service.com
will find ideas within you can incorporate to help make your community better. We are grateful for the many individuals in our industry who go above and beyond to make a difference in the community! Yours truly, CAI Magazine Committee
Jessica Maceyko, Esq. Ekmark & Ekmark Nicole McConville Scottsdale Ranch Community Association Jim Baska, CMCA, AMS, PCAM Trestle Management Group Lynn Krupnik, Esq., CCAL Ekmark & Ekmark, LLC Booke Songer, CMCA Uptown on 27th
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*See full Agreement for details Issue 1 / 2012
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From the Executive Director
Executive Summary By Kayte Comes
Happy New Year and welcome new members! By the time this issue is published, we will have finished the first quarter of 2012. The years are flying by; it’s hard to believe I am in my fourth year as the Chapter Executive Director. 2011 was an amazing year. Not only did we grow by another 100 members, but it was also the biggest year for attendance at events and luncheons. The biggest growth in our membership was the manager membership, which grew by more than 22 percent. The reason for the huge increase was that we were able to have the entire 200 series of Professional Management Development Program classes held locally, and will again in 2012. Hats off to the Membership and Programs Committees, for growing the membership and increasing attendance at chapter functions. In 2011, we had our largest tradeshow attendance with 300 members and 130 registered vendors. The 2011 golf tournament also featured more than 300 golfers and 32 tee box sponsors. This is related to the theme of this issue, “Making a Difference in the Community,” because I want to express to all of you that the Chapter is listening to your needs, trying to improve the value of your membership, and respects the time it requires to be active in the Chapter. To that end, we are creating some additional events, just in case tradeshows and golf are not your style. We are also partnering with Radio Disney to offer a family event in October which will take place at Steele Indian Park in Phoenix on October 6th. There is a possible additional event in August at the USA Skateland Mesa (more information will follow in the second issue). CAI realizes that many
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�ou �on�t �nd t�at ��oblem �it� us� Typically we respond within 15 minutes. We have 3 locations valley wide and our foremen & supervisors all carry smart phones, so we can respond quickly. Improve your communication and alleviate confusion. Call us today!
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of you spend a lot of time away from your families, and we would like to provide some fun family activities in 2012. One last note: We will be partnering with the United Food Bank and St. Vincent DePaul throughout the year at many of our functions. We need to give back to our Membership, and the Community, that helped make 2011 a phenomenal year. Many sincere thanks from the CAI Board, Committees, and myself. Kayte Comes Executive Director CAI-Central Arizona Chapter
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New Members
Welcome to the Central Arizona Chapter!
CAI MEMBERSHIP APPLICATION P.O. Box 34793 • Alexandria, VA 22334-0793 Ph: 1-888-224-4321 • Fax: 1-240-524-2424 • Online: www.caionline.org/join MEMBERSHIP CONTACT: (where materials will be sent) Name: Title: Assoc./Company: Address: City/State/Zip:
The Central Arizona Chapter proudly presents and welcomes our new members from September, October, November, and December 2011.
Homeowner/Board Members: Dr. Joanne Zazzi Mr. Jimmy Orr
Scottsdale Summit HOA Sun Lakes Homeowners #1
Individual Community Managers: Ms. Rhonda Harding, CMCA Ms. Jennifer Budsinsky Mr. Jeff Dixon Mr. Tim Macica Ms. Wendy Terlaan Mr. Matt Bertozzi Ms. Debra Campbell Ms. Michelle Freed Ms. Kristen Gramling Ms. Debra Campbell Ms. Dawn Haskins Ms. Kim Rinehart Mr. Randy Zellers Ms. Jennifer Motherwell Mr. Mark Kunkel Mr. Eric Swanson Ms. Cynthia Eggert Mr. Matthew Sherry Mr. Ramiro Wong Mr. Nicholas Sewald Mr. Kenneth Olson Ms. Sandy Stretton Ms. April Ventura Ms. Terra Pike
ALPHA Community Management AAM, LLC Brown Community Management Brown Community Management Brown Community Management Capital Consultants Management Corp. Capital Consultants Management Corp. Capital Consultants Management Corp. Capital Consultants Management Corp. Capital Consultants Management Corp. Capital Consultants Management Corp. DC Ranch Association DC Ranch Association Estancia Community Association Leisure World Community Association Park Management & Realty, Inc. Pride HOA Management RCI Vision Community Management Rosmmar & Graham Management Company Scottsdale Ranch Community Association Snow Property Services The Plaza Lofts At Kierland Commons
Business Partners: Arizona Extermination Company Arizona’s Best Maintenance Art King Roofing Co., Inc. First Choice Restoration Goodwill of Arizona GPM Landscape, Inc. IDT Landscaping, LLC Interstate Mack Drucker & Watson, PLC Payne & Sons Construction Corp. The Law Offices of J. Roger Wood, PLLC Tops Software Valley Protective Services, Inc. ValleyCrest Golf Course Maintenance
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Mr. Gregg Brown Mr. Timothy Gibson Mr. Art King Mr. Boyd Lisonbee Mr. Robert Franklin Mr. Cameron Chandler Ms. Allie Barrette Mr. Doug Austin, Jr. Mr. Troy Stratman Mr. Steven Payne Mr. J. Roger Wood, Esq. Mr. David Black Mr. Stephen Phair Mr. Larry Hanks
Phone: Fax: Email: Select your Chapter:
Central Arizona
Recruiter Name/Co. Name: TOTAL MEMBERSHIP DUES* Community Association Leaders & Homeowners q Individual Homeowner or Board Member $114 q 2 Member Board $200 q 3 Member Board $275 q 4 Member Board $345 q 5 Member Board $395 q 6 Member Board $445 q 7 Member Board $500 For 2-3 Board Member applications, please list the additional individuals who will receive materials. For applications exceeding three, please contact CAI Customer Care at 1-888-224-4321. Name: Address: City/State/Zip: Phone: Fax: Email: Name: Address: City/State/Zip: Phone: Fax: Email: Individual Managers Management Companies Business Partners q Accountant q Attorney q Builder/Developer q Insurance q Lender/Banker q Reserve Study q Supplier/Landscaper, etc. Please Specify: q Technology Provider *Membership Dues above include $15 Advocacy Support Fee PAYMENT METHOD q Check Enclosed
q VISA
q MasterCard
$130 $410 $560
q AMEX
Account #: Name: Signature: IMPORTANT TAX INFORMATION: Under the provisions of section 1070(a) of the Revenue Act passed by Congress in 12/87, please note the following. Contributions or gifts to CAI are not tax-deductible as charitable contributions for federal income tax purposes. However, they may be deductible as ordinary and necessary business expenses subject to restrictions imposed as a result of association lobbying activities. CAI estimates that the non-deductible portion of your dues is 17%. For specific guidelines concerning your particular tax situation, consult a tax professional. CAI’s Federal ID number is 23-7392984. $39 of annual membership dues is for your non-refundable subscription to Common Ground.
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AdvAnce regiStrAtion iS required call (888) 224-4321 (M–F, 9–6:30 et) or visit www.caionline.org/pmdp.
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Issue 1 / 2012
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CAI Ev e n t s
CAI- Central Arizona Chapter
Annual Meeting and Luncheon Awards November 8, 2011 Distinguished Service Award: Scott Carpenter - For outstanding service, dedication and many countless hours reviewing legislation for our LAC. Champion of Integrity Award: Angela Potts – In appreciation for helping the Chapter set past, current and future policies and procedures and guide the Chapter in the right direction. Rising Star Award: Cynthia Quillen, Samantha Saia, Clint Von Tobel, Karen Vitkovich and Mark Wade – In appreciation for going above and beyond by volunteering and spreading the word about CAI. Spotlight Award: This year’s recipients are Denise Ochoa and Regis Salazar, in appreciation for the CAI National Awards in the Large Chapter Category, in Chapter Management for the 2010 Golf Tournament and the Member Service Category for our “Community Resource” magazine. Without them, it may not have been possible. Member of Merit Award: This year’s award goes to Linda Van Gelder, for her hard work and dedication to the Membership Committee and the chapter. In this past year, the chapter has grown from 618 members to 725. Her enthusiasm is infectious and has been instrumental in the chapter’s “Word of Mouth” campaign. Unsung Hero Award: Kathe Barnes — for the many hours spent on the phone and computer mentoring the many community members, and the devotion she has to the Legislative Action Committee to make the Chapter the best it can be. Legislative Action Committee Award, for 2011, goes to Curtis Ekmark and Charlie Maxwell, in recognition of their service at the Arizona legislature on behalf of the chapter.
Pro Qual Landscape and several other vendors, including Desierto Verde, Pinnacle Restoration, Carpenter Hazlewood Delgado & Bolen, and the Law offices of John Chaix, roamed the golf course handing out drinks and snacks throughout the day. This year also brought us some over-the-top watering holes, including Securitas’ cigar bar with hot dogs, brats and a DJ, Pinnacle Restoration’s Candy Juke Joints playing 50’s to 70’s music, and, of course, Burdman & Shore’s ice sculpture with your bartender Jeni Tembi chilling down her favorite concoctions. Thank you to all of the Tee Box Sponsors - Clean Cut Landscape Management, Metro Phoenix Bank, Blue Star Landscape, Paramount Landscape, Landmark Land Management, Caretaker Landscape & Tree Management, Roofing Southwest, Nautilus General Contractors, Rainforest Plumbing, Smart Pest Solutions, C.L.C Enterprises Painting, Ekmark and Ekmark, M.R. Tanner Construction and Rossmar & Graham for braving the cold morning to set up. At the 19th Hole, happy hour was sponsored by Coit Restoration, followed by a Designated Driver Program sponsored by Kasdan Simonds Weber & Vaughan. Top raffle prize drawings included an Xbox, Apple iPad, golf foursome, movie tickets, gift cards, golf bag, and last but not least, the yellow ball prize, which went to Anne Dill’s team. Scott Needham with Pro Qual Landscape and Cynthia Quillen with Travis Law Firm finished the day by handing out trophies to the winners.
And our last award goes to Gary McCunn, Elaine Anghel, Shelly Holland and Chuck Greco for Board Member Recognition.
Congratulations to this year’s tournament winners:
2011 Golf Tournament
• 2nd Place with a score of 53 - Mark Schmidt, Ron Hollingsworth, Fred Coates and Derek Smith
Over 280 golfers, along with over 80 vendors and volunteers, filled the Whirlwind Golf Resort this past December for our annual CAI golf outing, sponsored by Pro Qual Landscape Company.
• 3rd Place with a score of 56 - Scott Archer, Jeff Crowell, Craig Cross and Ryan Farley
For this year’s event, registration began in the morning with tee off a few hours later, allowing golfers time to visit the driving range sponsored by Wayne Cochran with Cochran Pools, mingle and pick 10
up their Pro Qual Landscapesponsored drawstring backpack, $25.00 in free casino play, CAI bag tags and bagged lunches for the course sponsored by Dicks, Coglianese & Shuquem.
www.caicommunityresource.com
• 1st Place with a score of 49 - Jonathan Brooke, Bill Day and Paul Neil
Congratulations to this year’s hole winners: • Men’s Longest Drive winners - Carl Defries for the Cattail Course and Peter Alesi for Devil’s Claw.
• Ladies Longest Drive winners - Johanna Sears for the Cattail Course and Robin Franklin for Devil’s Claw. • Men’s Closest to the pin went to Scott Archer for the Cattail Course and Clint Von Tobel for Devil’s Claw. • Ladies Closest to the pin went to Karen Jones for the Cattail Course and Tiffany Davis for Devil’s Claw. • Men’s Longest putt winners were Tom Gordon for the Cattail Course and Peter Alesi on Devil’s Claw. • Ladies Longest Putt winners were Ashley Collins on the Cattail Course and Tonya Davis on Devil’s Claw. The Golf Committee would like to thank Denise Ochoa, Kayte Combs, CAI’s Executive Director, the CAI Board of Directors and, last but not least, our special thanks to Presenting Sponsor Pro Qual Landscape for making this event so successful. Between sponsorship dollars, golfers, raffle tickets and mulligans, this year’s tournament was the biggest in CAI Central Arizona history, bringing in over $45k for our chapter. We hope to see everyone again next year at the 2012 Annual Golf Tournament. 2011 CAI Golf Committee Chairperson Cynthia Quillen The Travis Law Firm, Vice President of Account Management
Chapter Luncheon…November
State of the Industry What are the challenges in the industry today? Associations are currently experiencing high foreclosure rates that have affected their ability to generate income. As a result of this, managers have had to increase their efforts to collect delinquent assessments and track foreclosures. Despite the fact that delinquent assessments have become a primary concern to associations, managers still need to meet their needs on governance and community building. Many associations are making every effort to hold the line on raising assessments. In some cases, reserve funding suffers in order to keep assessments low, despite the fact that income has fallen.
These associations are postponing the major repairs, replacements and improvements that are needed. Because the return on investments is low today, many boards are discouraged from investing as well. Still other communities continue to cut amenities, services and staff to reduce cost without understanding the impact on their communities. Today’s homeowners want real time instant communication. The statutes regarding community associations passed in 2011 have reflected homeowner’s demands to have open board meetings, and other means of transparency in their association’s governance. Finally, some homeowners have expressed a desire to eliminate HOA’s. However, we must admit that HOA’s are here to stay. Instead of discussing abolishing HOA’s, our challenge is to bring all stakeholders together on these issues by reaching out to both homeowners and board members. No one is more equipped than CAI to reach out to both parties and make them part of the solution. Therefore, it is up to the members of CAI to provide the leadership to improve the State of the Industry. Timothy Snowden is a Vice President for the Western Division of CCMC, (Capital Consultants Management Corporation) which is headquartered in Scottsdale, Arizona. tsnowden@ccmcnet.com
Chapter Luncheon…January
Fair Housing 101 Karen J. Hartman-Tellez Arizona Civil Rights Division Chief Counsel, Compliance Section The Arizona and federal Fair Housing Acts (the “FHAs”) prohibit housing discrimination on the basis of race, color, religion, national origin, and sex. The FHAs also prohibit familial status discrimination, which is discrimination in housing because a person is pregnant or living with a person younger than 18 years old. In addition, the FHAs prohibit discrimination on the basis of a disability, including a history of a disability, a perception of a disability, or association with a disabled person. The FHAs cover a broad range of housing providers, including property owners and managers, condo and homeowners associations, lenders, and real estate agents. It is unlawful for any covered housing provider to discriminate on the prohibited bases in (a) the sale or rental of a dwelling, (b) the terms, conditions or privileges of a rental or sale of a dwelling, or (c) providing services or facilities in connection with a rental or sale of a dwelling. In addition to these prohibitions, the FHAs make it unlawful to fail to (a) make reasonable accommodation to rules, policies, services, or practices, or (b) permit, at the resident’s expense, reasonable modifications – i.e., structural changes to existing premises – when necessary to allow a person with a disability equal opportunity to use and enjoy housing. The Arizona Civil Rights Division (“ACRD”) simultaneously investigates claims of housing discrimination under state and federal law. During investigation, ACRD offers informal dispute resolution through mediation with a volunteer mediator or conciliation with an ACRD attorney. If an ACRD investigation finds reasonable cause to believe that housing discrimination has occurred, it will work with the parties to obtain voluntary compliance with the law. If such informal efforts do not result in an agreement, ACRD must file a lawsuit against the housing provider on behalf of the state.
CE N T R A L A RIZO N A CH A PT E R
Visit our completely redesigned chapter website … www.cai-az.org Issue 1 / 2012
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Need Paint? By Jeff Reynolds, CMCA, AMS
The downward turn in the economy over the last few years has left many communities without the resources to take care of the graffiti and vandalism that continually plague their amenities, much less address the aesthetic values of their homes. Instead of turning away from the communities that cannot afford services at this time, C.L.C. Enterprise Painting has taken the stance that they will help any community in need. C.L.C. Enterprise Painting has been heavily involved in assisting community managers with their struggling communities over the years. In 2010, C.L.C. Enterprise partnered with Vision Community Management at Legend Villas West Townhouse Association. This community had graffiti covering all of the walls and many of the units and was struggling to pay for basic services such as water. Assistance was offered by participating in a Community Clean-Up Day scheduled for January 16, 2010, and by donating over 200 gallons of paint, over 100 man hours of labor, and all of the equipment necessary to repaint all exterior walls, the pool house, and trash enclosures, and to cover graffiti. Trucks, trailers, spray pumps, and pressure washers were provided to complete the project. The project managers scheduled and supervised while the crews performed the work. The residents of the community were very helpful in assisting in the project. The result was a community with a sense of accomplishment and a win-win outcome. C.L.C. also partners with the local municipalities in order to revitalize the valley. It partnered with the Phoenix Revitalization Corporation in downtown Phoenix by donating enough paint to completely repaint two low-income housing projects. On November 5, 2011, the Wells Fargo Volunteer Team, C.L.C. Enterprise, and Dunn Edwards participated in preparing and painting the first two of many homes selected in order to start the rehabilitation and beautification of the Central City South neighborhood. 12
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In a continuing effort to help clean up communities, C.L.C. Enterprise regularly donates 1-5 gallons of earth-tone colored, excess mixed paint for covering graffiti, touching up common walls, or sprucing up electrical boxes to help alleviate some of the painting costs of the community. There are no requirements for this donation as keeping communities graffiti-free and well-maintained in this economy will lead to better times in the future. Working together and making sure that the community managers, boards, and service providers commit to making communities better will lead to brighter futures for homeowners and municipalities. A gallon here and a gallon there can make a big difference!
Jeff is the Director of Business Development for C.L.C. Enterprise Painting. As a former community manager, he now enjoys providing win-win solutions in the community management industry by working with the community managers, their Boards of Directors, and their residents.
Conceptual Idea = Community Input Community Involvement = Community Informed! By Mitzi Mills, PCAM, CMCA, LSM
After 20 years in the community association management industry, I was sure I had heard it all—several times. However, one day I realized that quite possibly I wasn’t really listening to what was being said, and I was much too quick with the answer. The questions went something like this: This was being proposed? Who authorized the board to spend the money? Shouldn’t homeowners get to vote on this? We have all heard these questions in one form or another and, like many of you, I issued a stock answer about decisions being made by the elected board. While I understood and relayed how associations make decisions, I was missing an opportunity to create transparency in the decision-making process. Then one day I got an idea. What if the proposed project was announced, investigated, and presented to the residents before it was formally presented at a board meeting and what if the resident comments were included in the report to be considered by the board, before the decision was made? Before e-mail and webpages were a part of normal communication to our homeowners, this idea would have been too cumbersome and expensive. Now the possibilities of sharing information and keeping our homeowners informed are endless. I know everyone does not have access to email, but knowing how fast word of mouth spreads after a project is accepted, I knew we could get input on the front side of a project, where it could be utilized in the decision-making process. I was amazed at the overwhelming response and support of the process, with homeowners providing professional and personal opinions. As homeowners become involved and trust the process as being unbiased, there is less controversy about proposed projects and more participation in helping us obtain accurate information. The process is probably not much different than how managers already prepare a project for review by the board. The difference is every project gets the same level of investigation and reporting, and each step is documented and shared with homeowners. Keep in mind the Conceptual Idea (CI) process is not quick and should not be used for emergency or urgent needs of a community. This process is for investigating ideas or concepts presented by members of your community. By using the CI process, you can overcome four issues that we face as association managers: (1) accusations that homeowners’ ideas for projects are ignored by the board, (2) repeated requests for the same project, (3) claims that projects are passed/denied without homeowner input or knowledge, and (4) claims that no one knows the cost of a project until the board approves it. Here is the process: 1. Homeowner submits CI to manager. 2. Manager reviews the submittal against community criteria and sees if the “idea” has been investigated before. If the proposed CI was already part of a completed CI, the board resolution and the report are sent to the homeowner and no further investigation is done. If this is a new idea, it then continues through the process.
3. Manager puts the CI on the next board meeting agenda for assignment. Manager does a brief introduction of the CI to advise the community that this item may be investigated. 4. At the board meeting, the board members either approve the investigation and assign it a number, or provide a complete description as to why this item cannot be considered for investigation as a CI. 5. If the CI is assigned a number, the homeowners are notified through e-mail blasts, the webpage, and the newsletter that this project is being investigated as a CI and that we are seeking their opinions. The CI is then posted on the webpage, where it is updated during the investigation process. 6. The investigation starts by preparing specifications for the idea, and contacting vendors to put together proposals. 7. A SWOT (Strengths, Weakness, Opportunities, Threats) analysis and PEST (Political, Economic, Social, Technological) analysis are prepared. 8. The CI is compiled and contains: (1) the original request, (2) the SWOT analysis, (3) the PEST analysis, (4) the specifications/bids, (5) who will use the project, how many, how often, (6) how will it be funded, (7) future annual costs, (8) future reserve costs, (9) testimonials or recommendations and (10) homeowner comments. 9. The CI is presented in a town hall setting in a PowerPoint presentation for all interested homeowners, after which homeowners can provide their comments. 10. The CI presentation is placed on the webpage until the project has traveled through the appropriate advisory committees and then to the board for a vote. At a glance, the process seems time consuming. However, in comparison to the “old” way of handling projects, the process takes less time and raises awareness in the community about the decisionmaking process. Plus, having comments from homeowners up front helps, so they can be addressed as part of the CI. More than once, homeowners raised concerns that may have been missed if not for this process and this could have resulted in problems once the project was completed. Not everyone agrees on the projects that get approved, but they all agree on the process. In 2011, with our homeowners supporting the CI process, we built a state of the art dog park, purchased portable tiered-seating for our ballroom, added high tech audio/visual equipment to classrooms, approved the addition of personal viewing screens to our aerobic equipment, and much more. Not all of our CIs become projects, but they are all given the same attention. And even when a project is shelved, those who requested it understand why. Using the CI process, we quit building “animosity” and “projects” and started building “awareness” and “community.”
Mitzi Mills has been the Executive Director of the Sun City Grand Community Association for the past 5 years, an association representing close to 10,000 homes and over 17,000 residents. Mitzi has been in association management since 1987 and holds both the PCAM and LSM designations.
Issue 1 / 2012
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Myths & Misconceptions
Myths & Misconceptions By Lynn Krupnik, CCAL & Elaine Anghel, CMCA, AMS, PCAM, CAAM
Myth: Our association would like to make donation of assessment funds to a charitable organization outside of the association this year. Since donating to charity is admirable, there is nothing wrong with this idea. Fact: While donating to charity is undoubtedly a worthy endeavor, an association may be limited by its governing documents as to what it can do with assessment funds. For example, the “purpose of assessments” provision in the CC&Rs may be very narrow, only allowing assessments to be used to maintain the common area or property within the association itself. On the flipside, the provision may be broad, allowing the association to expend its funds towards any purpose that benefits the members, both inside and outside of the community. It is important to carefully review the governing documents before the association as an organization makes any type of donation. Myth: Some members of our association would like to volunteer to clean up vacant lots in the community. Since they are acting as volunteers, and not employees of the association, there is nothing to worry about from a legal standpoint. Fact: A volunteer may have standing to sue the association if the volunteer is injured while working on association property, with association tools or equipment, or in conjunction with an association-sponsored activity. Therefore, an association should understand this potential risk and ensure that it has appropriate insurance to cover this type of risk before proceeding. Even with appropriate insurance, the association should ensure that all volunteers sign specific releases for the type of volunteer activities to be performed (which should be kept after the event for the statutory period of time during which a person could bring legal action against the association for any claims), and limit volunteer clean-up efforts to unskilled safe activities that require only the use of simple tools and equipment.
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Myth: Our association would like to discount the assessment to those members who pay timely as an incentive for members to pay, and, therefore, as a method to decrease the association’s receivables. This incentive is being offered to the entire membership; therefore, it is permissible.
Fact: Pursuant to your association’s CC&Rs, it is highly probable that the assessment must be equitable (equal for all members), and, therefore, discounting assessments for some members and not others would likely be impermissible. For that same reason, the amount charged for a special assessment likely may not be discounted either. Rather, the association may consider charging the permissible late fee and/or interest for those assessments not paid within the grace period. Myth: For those associations that have difficulty in obtaining members who are willing to serve as a volunteer board member, monetary incentives can serve as an enticement for candidates. Fact: Generating interest within the community to have strong leadership is important, as the board of directors is responsible for running the community. The Nonprofit Corporation Act provides that board members can be compensated for their services, unless otherwise provided by the governing documents. However, the vast majority of governing documents do not allow for payment of board members for their services (some will allow reimbursement of board members for their actual expenses incurred). Therefore, it is unlikely that board members can receive payment for their services, and it is imperative to check the association’s governing documents before considering any type of monetary incentive for board members. The information contained in these Myths & Misconceptions is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel. Lynn Krupnik is an attorney with the law firm of Ekmark & Ekmark, L.L.C., where she has been practicing in the area of community association law since 1997. Ms. Krupnik was admitted to the CAI College of Community Association Lawyers, and speaks and writes often on topics that affect community associations.
C E N T R A L AR I ZO N A CH A PT E R
Elaine Anghel is the Vice President of Management Services of Tri-City Property Management Services, Inc. and has been in the homeowner association industry for eighteen years.
Service providers – find out what chapter sponsorship can do for your business. Contact Kayte Comes at (602) 347-8726 or kayte@cai-az.org.
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www.caicommunityresource.com
A Hole New Pool By Suzanne White, CAAM, CMCA In a community where a hole existed for three years, passing a special assessment would be a feat. This community had deferred maintenance, high delinquencies, and a low owner occupancy rate. After working on strategic planning to maintain the property, including a replacement schedule for 14 boilers installed in the early 80’s, repairing and replacing balconies that were structurally unsound, and implementing a roof maintenance schedule, the board and management team were able to present a plan to the community that would work financially, and benefit all homeowners throughout the community to install a new pool. This condominium complex in Mesa, AZ was built in the early 80’s. Located in Dobson Ranch, Water Works was the place to be when it was built, as it contains many unique features. Ponds line the interior of the complex, with an enormous pool highlighting the center of the community. In 2008, the community started noticing that water continually drained out of the pool. After much research, it was discovered that the shell of the pool was constructed with a flaw and it would no longer hold water due to large cracks in weak points at the center where water pressure was at its greatest. Financial constraints led to attempted repairs in the affected areas; however, they were not effective and couldn’t hold up. The pool was drained and the aesthetic beauty of the community was lost.
Before
The community faced many challenges. Many residents refused to continue paying assessments without a pool, yet the community was unable to repair the pool without those assessments. Delinquencies in the community rose and many units were foreclosed on or sat vacant. The community also faced an aging infrastructure, with balconies cracking and rotting, roofs leaking, and boilers reaching the end of their usefulness. The board and management team worked together to prepare a strategic plan in 2009. This plan paired aggressive collections with visible improvements to get the homeowners engaged. The boilers were placed on a replacement schedule, the worst seven balconies were replaced, a handyman was hired part-time to address the grounds, and the roofs were repaired and replaced. The homeowners began to see improvements around the community, and the delinquency rate decreased. In early 2010, the board started to research the pool project again. Multiple vendors were contacted to find the best solution. After looking at several proposals, hearing various ideas for solutions and interviewing many companies for options, the board decided it would be best if the old pool was backfilled and a new pool installed, as fixing the existing pool would not be a permanent resolution. The community still did not have enough funds to complete the project; however, the board made a commitment to take whatever means necessary to accomplish their goal. The board proposed a special assessment to the community by sending out detailed information, including pictures of what the new pool would look like, who the vendor was, and the total cost of the project with ballots to the homeowners. They also proposed reasonable payment plans to owners, allowing payments to be made over one year, if needed.
AFTER
Many conversations occurred on the property during this time. Several board members and residents pushed for getting the special assessment passed. When the meeting for the special assessment occurred, there were several homeowners who were curious about the construction and had many questions for the pool vendor who attended the meeting. As many in the industry know, a special assessment meeting can be pretty rough when it involves owners paying extra money. It was amazing to see the overwhelming positive response and outreach that passed the special assessment. The pool was completed in the summer of 2011, and was a great community accomplishment. The board continued to take a proactive stance by opening the pool with a party on the weekend, and only issued pool keys to residents with current account balances. This accomplishment proves that communities can be successful and reach their goals with hard work, a dedicated board and management team, and a proactive approach.
Suzanne White, CAAM, CMCA is a Field Operations Supervisor with Vision Community Management. She has been in the industry for 8 years and currently serves on her Board of Directors. SWhite@wearevision.com.
Issue 1 / 2012
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Band Of Angels A Community Awareness Organization
By Ian Welsh, CMCA, AMS, CAAM
The Band of Angels here at Trilogy at Power Ranch really consists of two organizations. The Trilogy Angels is a club and its mission is to raise funds to support the Band of Angels through community fund raising events. The Band of Angels is a community not-for-profit corporation, which is not a part of the community association, and carries its own insurance to insure those providing services to the community. The purpose of the Band of Angels is to “Deliver compassionate support services, using volunteers who want to make a difference in someone’s life by offering the Band of Angels their time. The special concern is for residents of Trilogy at Power Ranch in time of need, and for tutoring children at the House of Refuge.” How did all of this get started? Back in 2000 a resident named Carol Borzillo moved to Trilogy at Power Ranch and immediately saw the need for community services. She put an ad in the community newspaper and asked for volunteers who would be willing to help those who needed some sort of assistance, such as driving to appointments, running errands, and sitting in for caregivers by staying with the ill or injured person while the caregiver took care of business. Twelve volunteers stepped forward. Residents soon became aware this support was needed. What started out small has now grown to 230 residents of Trilogy at Power Ranch who are willing to give their time to help those less fortunate… neighbors helping neighbors. An “angel” statue is delivered to those who are ill and it is a reminder to the recipients that there are “those who care.”
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Friendly Visits & Reassurance Calls – Angels make friendly visits and calls to residents who are ill, home from the hospital, and would like company and/or companionship. Transportation - Angels will drive residents for shopping, errands, Trilogy social events, appointments, etc. Angel & Card Delivery – Sunshine Angels deliver angels and or cards to residents who are ill, injured, or have lost a spouse, child, grandchild or parent. Minor Home Repairs – Angels will replace batteries, filters, add salt to a softener, change light bulbs, and other simple tasks. Grief Support Group – On the second Thursday of every month, the Angels Grief Support Group is willing to listen and be ready with helpful strategies for coping when residents are in need. Loaner Equipment – The following equipment is available to Trilogy residents and their guests: commodes, shower chairs, regular and light weight wheelchairs, walkers, crutches, canes, etc. Resources – The Angels maintain information in the Trilogy Clubhouse Library on local services, including adult daycare, nursing homes, rehab facilities, meal delivery and more.
Today the Band of Angels is actively involved with the following community support activities:
Tutoring Children at the House of Refuge – Tutoring is available on Mondays and Wednesdays during the school year.
Caregiver Relief- Angels will stay with residents while the caregiver does shopping, goes to doctor visits, has some personal time, attend support groups, play golf, etc.
Ian Welsh CMCA, AMS, CAAM is the Executive Director for Trilogy at Power Ranch.
www.caicommunityresource.com
Caring for Those Who Serve By Lynn Krupnik, CCAL
After the attacks on September 11th, 2001, our country went to war to defend the freedom that we so richly cherish. Due to the changes in the way our military is structured, many of the airmen and soldiers sent to Afghanistan and Iraq were National Guardsmen. Over 10,000 soldiers and airmen from the National Guard were deployed from Arizona alone, many of them more than once, and often for longer than a year at a time. Combined with the active duty Air Force and Reserve components of all branches, we have part-time or full-time military living all around us. Have you considered the sacrifices made, not only by those deployed, but also by the families left behind during those long separations? Deployments impact not only the service member, but also their family, both before, during, and after deployment. The transition process after deployment can often take many years, due to the experiences of both the service member and the family while separated. So, what can you do to show you care? You can start with the little things. Saying “thank you,” not only to the service member, but to the members of the family as well, helps show appreciation for the sacrifices made. Offering to help the service member’s family during deployment in little ways (such as occasional child care, taking a look at the car to make sure maintenance is being kept up, or providing a listening ear) can all mean a lot to a parent who is trying to handle everything on their own. There are members of CAI who donate their time and resources to assist military members and their families.
In addition to physical needs, many people feel the emotional stress of deployment. If you are concerned about someone’s emotional well-being, there are many resources available that can help the service member and the family to be resilient. If you would like more information on this subject, you can access the Arizona National Guard Total Force Team website at www. azguard.gov/resilience.html. Included at the website are links to free apps for the iPhone and the Droid that will provide you with access to resources at your fingertips when the need arises. There are many more opportunities available in Arizona to serve and support our service members and their families. There are even opportunities to experience first-hand what it’s like to serve in the military, through military immersion training programs. If you are interested in learning more about Arizona military families, or what else you could do to support them, you can find information at the Arizona Coalition for Military Families website at http://arizonacoalition.org. We are surrounded by service members and their families in our neighborhoods, so let’s remember the sacrifices that they have made, so that we can continue to enjoy the freedom we have, and be aware of ways that we can support them. Lynn Krupnik is an attorney with the law firm of Ekmark & Ekmark, L.L.C., where she has been practicing in the area of community association law since 1997. Lynn’s husband is the State Chaplain for the Arizona National Guard. Lynn volunteers her time teaching marriage seminars for military soldiers and their spouses to help deal with the stress of military life and deployments.
Issue 1 / 2012
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Who Ever Heard of an Assessment Raffle? By Kristine Nau, CMCA, CAAM
In these trying economic times, traditional approaches to encouraging homeowners to pay assessments on time may no longer produce results. Spending priorities have changed and homeowners are focusing on more immediate needs. Over the past year, the association I manage, The Spectrum at Val Vista, has like many others, dedicated an increasing amount of time and energy to collections and bad debt avoidance. Unfortunately, this has left us with little time to focus on the owners who are dedicated to their neighborhood and who always pay their assessments promptly. It was time for a crazy idea, and that crazy idea ended up working. The idea of comping one homeowner’s assessment each quarter could drastically reduce late notices seems counter-intuitive; no community manager in his or her right mind would try this, right? We gave it a shot anyway. Partnering with association vendors, our association sought a donation of $183, the amount of one quarterly assessment. Homeowners who paid the assessment on-time could contact the association office for a raffle ticket. This gave our on-site team a chance to update all their personal contact information and verify their payment. Homeowners who received a raffle ticket were entered into a drawing. The prize? You guessed it! Their next quarterly assessment would be paid in full. The Spectrum at Val Vista Assessment Raffle was ON! Needless to say, the results have been impressive. Late notices for assessment payments have decreased nearly 70 percent (that’s not a typo!). So that got us thinking about taking it a step further; if homeowners were this motivated by the possibility of winning one quarterly payment, one has to imagine they’ll be even more motivated to win a full year’s worth of assessments. We plan to get 2012 off to a BIG start by offering this incentive. Community association management is a people business. Our goal is to increase service and responsiveness to our residents. By approaching problems from their perspective, we can discover creative solutions. By treating our residents like family, we can derive great satisfaction in our work. There are those who might call our assessment raffle crazy; we prefer to call it exceptional community management. Want to start your own assessment raffle? It’s as easy as buying a roll of raffle tickets! Just follow these simple steps: • Contact your vendors and community partners and request a donation in the amount of your assessment. If the assessment is large, consider splitting it between non-competitive part-
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www.caicommunityresource.com
ners. The sponsor’s company logo can be displayed in email blasts, raffle notifications, newsletters, etc. It’s great exposure for the company! • Notify owners of the raffle, via email blasts, newsletters, and an insert in your billing statement. This can be done at no cost to the association. • Require owners to contact your office for a ticket. It’s a great way to update their contact information. To avoid additional costs, scan and email the ticket to owners who are unable to pick it up at your office. • Draw a winner! • Feature the raffle winner in the next community publication. What a great photo opportunity for the sponsor, winner, and management team!
Kristine Nau joined CCMC in 2005 as community manager for Spectrum at Val Vista in Gilbert, AZ. A seasoned professional, Kristine has nearly a decade of diversified master-planned and portfolio community management experience. During her tenure with CCMC, she has increased resident services, while reducing association expenses by 13%. This savings has since been reinvested into the community and a new community center is now being planned. The grand opening is set for August 2012. She can be reached at knau@ccmcnet.com.
We
Serve, You Save
By Martha Golea Residents can be weird, and keeping them happy is sometimes tricky and expensive. When asked to bring tools to a community clean-up day, do your volunteers show up with a rag-tag collection of rusty hedge trimmers and bent rakes? Have you ever had an idea for a fantastic neighborhood event that you couldn’t pull off because it wasn’t in the budget? Have you ever seen a homeowner painstakingly care for a tree they didn’t realize was dead? These things can happen in any community and cause serious headaches when they do. When a large developer went out of business and left a Valley community with a number of unsold, weed-infested lots, we jumped at the chance to help this community. We provided tools for the volunteers and our professional landscape crews worked side-by-side with neighbors to clear the lots, then we chipped and hauled away all of the debris. At the end of the day, residents were thrilled the empty lots were clean, and while their budget was untouched. In those cases when funds are not available, one of your vendors may be able to step in and provide the necessary tools to make your plans a reality. After neighbors, businesses and the community management company banded together to create a local Veterans Memorial, they didn’t have enough donations left over to hold an opening reception. At their request, ValleyCrest made an additional donation to cover the cost of the reception.
I do not know you. I do not know your company. I do not know your company’s services. I do not know your company’s reputation.
Now, what is it you want to sell me?
When the landscape committee at a West Valley community showed interest in the trees on their property, our ISA Board Certified Master Arborist, Dennis Lynch, offered to teach a workshop on tree care for interested residents. On a Saturday morning, Dennis met a large group of committee members and homeowners in the park to teach names and parts of trees, the best tools and safety procedures, and to demonstrate proper pruning techniques. Homeowners received first-hand instruction from one of the most knowledgeable professionals in the industry and their community didn’t have to pay a cent for Dennis’s workshop. In this economy it may be difficult for a community management company to continue offering top notch service to your community while still saving money. As a landscape company, the communities we serve are our life-blood, so giving back is a win-win situation: our serving helps you save. Martha Golea is the Client Communications Specialist for ValleyCrest’s desert region. She is responsible for coordinating the events and projects, volunteer work, contributions and communications that make ValleyCrest such a valuable partner in your community.
Sales start before your salesperson calls… by advertising in CAI’s Community Resource Magazine.
Call 480.634.1708 to advertise. Issue 1 / 2012
19
Making a Difference in the Community Eximius Inter Nos The Extraordinary Among Us By Julie Adamen
2009 was a very tough year; however, the news wasn’t all bad. In fact, some of the news was good, some news was excellent. The question is, Who were the generators of that good news? The eximius (extraordinary) among us: those executives who kept their firms and their employees moving forward, who kept the doors open and the layoffs at bay. The extraordinary among us kept their managers going while the industry itself struggled beyond their control. So what are the common threads of these extraordinary executives? What makes them eximius? Passion. The extraordinary love what they do and have a deep passion for the business. They share their breadth of knowledge without reservation, fear of others stealing their ideas, or implementing their methods. “I never worry about sharing what I know publicly,” says one. “If it lifts up the industry as a whole, that’s great.” Another executive says, “Sharing your knowledge, your passion, is a selfless and selfish act. By sharing, I am giving back to the industry but also imprinting the methods on myself.” Curiosity. Even on those “Why am I here?” days, the extraordinary among us are always looking forward, interested in everything and everyone in their world, and beyond. There is never down-time or a dull moment for the extraordinary minds, it’s how they’re wired. They are inquisitive about it all, from the basic, “You’ve got to know what’s going on with your employees, the competition and the industry, because you can’t make it on management fees alone (referring to value added services),” to the more esoteric: “Business to me is like a puzzle - you know what the finished product is supposed to be by design…. It’s intriguing - the love of seeing something work. It lets you put a very small mark in the story of life and career. You are happy with the results but never stop looking for a better ‘mouse trap.’ “
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in a good year, let alone in a bad one. Yet, the extraordinary pushed ahead, unbowed by temporary circumstances. One executive put it this way, “Look, we had to make a lot of changes this year, and we had to get rid of a bunch of accounts - they were dead weight. And there was the resultant staff reduction as well, but many of them were dead weight as well. It was hard, but it worked out because we broke a 20% profit margin for the year.” Making hard decisions like these and moving forward with conviction. That’s courage, and the bottom line is that these decisions paid off. Integrity. “I think integrity, in the main, is more than a compass that points true north. It’s been said that choices you make, make you. Once you make those choices, they have ownership over you, and then they color everything you say or do. We need as pristine a channel as possible to execute a clear path of flight. If you make a bad choice, you have to go back and make it right to move forward. Most people don’t come back to that point. That’s the difference. That’s integrity. And it’s everything.” Humor. One executive puts it this way: “This industry isn’t filled with people lining up to say “Thank you.” It can get rather intense… Yet there always seem to have a lot of laughter in our office. Life’s too short. If you’re not having fun in some respect, what’s the point?” No truer words were ever spoken. Laughter eases tensions and anxiety and provides physiological, psychological and even spiritual benefits. Says another, “If you love what you do, it is fun. “
The attitude to inspire and support. “Without being trite… Attitude is everything,” said one executive. “When I took over (this office), the attitude of staff was one born of fear. The MO (modus operandi) of the previous regime was to instill the fear of losing one’s job as the primary motivation for the staff, and that’s just wrong,” he said. “Fear is an effective motivator, but it’s not the optimal motivator. People need to be inspired, to feel as if they have a stake in the operation and be able to contribute on their own terms.”
Why is it important to recognize the extraordinary among us? They are the success stories of our industry. They simply “make things work” to the best of their ability no matter what the current circumstances. And they do it very, very well. If the community management business was the software industry, investment banking, widget making, or the automotive industry, the individuals whom I have quoted would be profiled in the Wall Street Journal: There would be pictures and bylines, and a platform on which others could look to them for leadership and management-style emulation. Alas, we are an almost-unknown industry, and thus our heroes remain largely unsung, as do their enormous contribution to the overall economy as the keepers of the small-business flame.
Courage. It takes courage to pursue the business decisions that you know may have short-term adverse financial consequences
This article is posted in its entirety here: http://www.adamen-inc.com/Vol.-13No.-01-Eximius-Inter-Nos~261306~12525.htm
www.caicommunityresource.com
Death –
Can There Be an Upside? By Mark L. Wade, CMCA, AMS, LSM, PCAM
Death can come as a welcome relief for the family of those who have been bed ridden or with disease for many years. Or, death can come as an unwelcome thief in the night when a life ends tragically and seemingly without a cause, such as an accident or murder. When a death occurs in a community, it is an opportunity for the community manager and staff to shine with compassion and empathy. Knowing what to do and say can leave the community’s impression of the association board, management company, manager, and staff as being caring, concerned, and stellar instead of hard, cold, and heartless. Here are a few tips from a former funeral director of 20+ years as well as from noted Rabbi Earl A Grollman*: • Don’ts Don’t say you know how the family feels. You don’t, even if you’ve been through the same thing. Such comments are offensive to family members. Avoid discussing others who may have gone through similar experiences or situations that may seem worse by comparison. Don’t try to be someone you are not by making statements that you don’t mean. People see right through it. Avoid discussing your own problems or those of your community during your visit with the bereaved. Refrain from comments like, “It was God’s will,” or “It is all for the best.” It is not for you to judge. Be sensitive of what you say and how it will be heard by those you are talking to. Don’t give advice to the bereaved. Often they are not in a mental state to act on advice immediately after a death. If you are in a position of giving sound advice, it may be better to offer your service a few weeks after the funeral, when it may be better received. • Dos Pay a visit, but keep your visit brief unless the family sincerely
invites you to stay longer. A good rule of thumb is to keep the visit about as long as you would a hospital visit. No more than 15 minutes. Express genuine love, concern, and sympathy for the survivors and kind words about the deceased. If you didn’t know the person well, a simple greeting such as, “I’ve come to express my sympathy on your loss,” or “I’m sorry about your father/mother” will work. In such a case, it is best to keep it simple and brief. If the person was active in the affairs of the community, express how much the person will be missed. If you manage a senior community and the person has gone home for the summer and dies, write a condolence letter, or make a phone call. Again, be brief, but similar expressions as mentioned above are appreciated. It is always nice to write about a positive experience that you may have had with the individual and hand it to or mail it to the family. Stop by and visit a week or two after the funeral. All the support has usually gone home by then, and the family can really use the assurance that someone is still thinking about them. Deeds are the true expression of concern for a family. Simple things as mentioned above or taking in dinner, dessert, washing the car for the funeral, offering to watch the house during the funeral, mowing the lawn, or even just taking out the trash or anything that may be a daily task the family may not have time to do because of the situation. As a community manager, I’ve done most of these things, and I can tell you that the smallest of deeds has been well remembered long after the funeral, even years later. The positives that can result from your thoughtfulness runs deep in the hearts of those you’ve served and will not be forgotten. And it’s always nice to have friends. *Earl A. Grollman, Concerning Death, Beacon Press, May 1974 Mark L. Wade owned and operated funeral homes in two states and was active in the funeral industry for over 20 years. Currently, he is community manager at Leisure World Arizona.
Issue 1 / 2012
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Progress Report The challenges presented by the wave of federal regulatory proposals that are reshaping the mortgage finance system made the summer of 2011 one of the busiest advocacy periods in the history of CAI. At stake is the health and marketability of the more than 24 million homes in community associations. CAI and our members, working through our Mortgage Matters Program, have been focused on three critical regulatory proposals: a proposed federal rule on transfer fees, Federal Housing Administration (FHA) condominium mortgage guidelines, and qualified residential mortgage regulations. Each of these proposals as initially drafted had the potential to negatively impact community associations. To make matters more challenging, the financial reform process triggered more than 200 regulatory drafting exercises by a host of federal agencies on topics that include banking, insurance, hedge funds, mortgages, auto loans, credit cards and other financial services. In this flood of new regulations, it is difficult for any single industry to get their message through to lawmakers, but thanks to the work of CAI, our members and our allies, we have been making headway in shaping this important debate. FHFA Transfer Fee Guidance: In late 2010, the Federal Housing Finance Agency (FHFA) issued a proposal that would have banned federally backed mortgages to any property in a community association with a deed-based transfer fee. Such fees are a common funding mechanism for community associations, with up to 49 percent of associations using such fees to fund reserves, capital accounts or operations. If enacted as drafted, up to 11 million homes in community associations would have been unable to obtain mortgages. Thanks to an incredible effort by CAI members, the FHFA backed down from its initial proposal and issued a revised draft regulation that specifically excludes community deed-based transfer fees from the mortgage ban. The revised draft regulation is still pending, but FHFA’s retreat on the deed-based transfer fees put CAI on the map as a major player in the mortgage reform debate. FHA Condominium Guidelines: FHA issued new guidance in July in an effort to correct problems created by previous decisions on condominium requirements for FHA mortgages. FHA addressed longstanding issues raised by CAI such as allowing associations to impose rental restrictions, allowing for affordable housing units, and added some flexibility for delinquencies. However, rather than completely fixing the issues with the program, the new guidelines created a new set of challenges for condominium buyers seeking access to the more than thirty percent of all condominium mortgages FHA currently provides. Among the issues created by the new FHA requirements are: • A costly fidelity bonding insurance for management companies, which is commercially impractical and in conflict with some state laws; • A requirement that the submitter to FHA agree to keep FHA abreast of any conflict in the community and to assure FHA that a board will not take any action that might impact a borrowers ability to pay their mortgage; • Inclusion of bank-owned properties in the assessment delinquency calculation; and 22
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• An announcement that FHA will not approve any condominium project with a deed-based transfer fee, despite the Federal Housing Finance Agency’s findings (noted above) that such fees benefit communities and homeowners. Stepping up the pressure on FHA to engage in a more transparent rule making process, CAI members in key states set up Mortgage Matters Teams, and met with members of the House Financial Services Committee, and the Senate Banking Committee during the month of August. This grassroots activity is beginning to pay dividends; FHA has already backed down from the manager bonding requirements and is now indicating it may back off its current position on deed-based transfer fees. Although progress with FHA has been slow, it is adopting the policy positions advocated by CAI and our housing allies. Now that the debate is favoring CAI and our members, we will continue to step up our pressure on FHA and Congress to more quickly resolve the issues FHA is needlessly creating in the condominium market. Mortgage Regulations (QRM/QM): In August, CAI submitted more than 200 pages of comments to federal regulators on proposals to tighten mortgage lending standards and reshape commercial mortgage products. Working with a coalition of housing interests that includes: the National Association of Realtors, the National Association of Homebuilders, and consumer groups, CAI denounced stringent proposals that would have set mortgage standards so high as to exclude up to 70% of current borrowers. CAI praised a proposal that would require a lender to factor in association assessments in the loan qualification process as such fees are mandatory. However, CAI was critical of the proposal which would have required the lender to assume that any special assessment in place at the time of the loan qualification determination would continue for the life of the mortgage. The comment period on these regulations closed in August and revised regulations are expected to be released in late 2011 or the first quarter of 2012. As we fight for our members, we will work to build new avenues of communication between CAI members, federal regulators and key members of Congress. Our success depends on the ability of every CAI member to respond to calls to action to make sure that our members can get access to fair and affordable mortgage products. The market is a fickle place, and any regulation or law that creates added costs or barriers for purchasing in a community association could result in a shift away from the community association model of housing which has dominated the markets for the last 30 years. Such a result would harm all CAI members. The good news is that we have demonstrated that when we make our voices heard, we can shape the debate and achieve positive results in the face of big challenges. As part of our ongoing Mortgage Matters Program, CAI is working to protect homeowners in community associations and to ensure access to fair and affordable mortgage products for all current and potential community association residents. You can follow our work and share your thoughts at www.caimortgagematters.org.
Federal Housing Administration’s (FHA) Condominium Guidelines The ever-changing FHA Condominium Guidelines continued to create problems for many CAI members in 2011. Despite the challenges, CAI was able to work with FHA to amend some of the FHA lending criteria even as FHA released new policy that created new obstacles for condominium associations.
In June of 2011, FHA issued major revisions to the Condominium Guidelines, which, according to FHA, would address concerns raised by CAI. While the new guidelines added some flexibility on assessment delinquencies, commercial space and rental restrictions, it also imposed new and troubling criteria on fidelity insurance, project certifications and assessment delinquency calculations. After the release of the new Guidelines in June, CAI worked with our members to escalate our efforts to persuade FHA to engage in a more rational and transparent process in developing condominium guidelines. First, CAI sent a letter summarizing concerns about the new Guidelines to the FHA commissioner. CAI noted that the requirements FHA imposed on fidelity insurance and project certifications were in conflict with many state laws and with the best practices of condominium associations. CAI also chided FHA for putting the burden of collecting assessments from bank-owned properties on association boards rather than on the banks that get a subsidy from FHA under the condominium loan program. CAI also filed an administrative challenge against the new Guidelines, arguing that FHA failed to do minimal due diligence when drafting the new requirements. Then, working with our state Legislative Action Committees, we took our concerns directly to members of Congress in August. Additionally, when FHA announced during a public training session that it would be looking at the issue of deed-based transfer fees, CAI sent a strongly worded letter urging it to engage in outreach and research before taking any unilateral action.
The arrival of fall saw the return on the investment in our Congressional Outreach. First, FHA backed away from their costly and duplicative management company fidelity bonding mandate. This was followed a few weeks later by key members of Congress and the Senate sending letters critical of the FHA Guidelines and the lack of transparency in their development. It is through these efforts that CAI will continue to move FHA policy to more rational and fair criteria. As the year end approaches, FHA’s financial position showed significant deterioration, with the organization well below its statutorily-mandated reserve requirements. There were whispers in Washington of a pending bailout, which would be bad news for potential condominium buyers as FHA continues to be the pre-eminent lender for condominium mortgages. This also will likely make CAI’s task for pushing for reforms of FHA lending criteria even more challenging. At the close of 2011, it looks as if 2012 will be yet another year filled with challenges on the mortgage front. As part of our ongoing Mortgage Matters Program, CAI is working to protect homeowners in community associations and to ensure access to fair and affordable mortgage products for all current and potential community association residents. You can follow our work and share your thoughts at www.caimortgagematters.org
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More Housing Uncertainty in 2012 CAI members know that 2011 saw the beginning of the federal government’s effort to rebuild our mortgage finance system in the wake of the worst housing and economic crisis since the Great Depression. As Congress and a host of federal agencies worked through this process, hundreds of pages of proposed regulations were drafted and issued for public comment and analysis. From new Federal Housing Administration (FHA) condominium lending guidelines, to pending regulations on Qualified Residential Mortgages (QRM), to Qualified Mortgages (QM) and to the Federal Housing Finance Administration’s transfer fee rule, tomorrow’s mortgage market began to take shape. As we move into 2012, this process will enter a critical final phase and may trigger another round of uncertainty and confusion in the housing markets. First, in early 2012, CAI expects the federal government to release the final draft regulations on QRM and QM. QRM regulations deal with the structure of mortgages and QM deals with qualification criteria for future borrowers. As drafted, both present a set of challenges to the housing markets in general and to community associations in particular. As reported by CAI, the pending QRM proposal would have a significant impact on potential buyers. New requirements would mandate minimum down payments of 20 percent, prevent financing of closing costs and realtor fees, and would disqualify buyers with just one late payment. It is estimated that 70 percent of currently qualified borrowers would not meet this standard. While it is expected that the QRM draft will be significantly revised, the ongoing uncertainty hangs like a dark cloud on the horizon. Revised draft QM regulations will also be released in 2012. These regulations focus on a borrower’s ability to repay a mortgage and contain provisions that include community association-related expenses. On the positive side, QM will require that a lender qualify a borrower not just on the mortgage amount, but also on other mandatory fees like association assessments. This
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should help reduce assessment delinquencies. On the downside, QM requirements may also take action on association transfer fees and require the inclusion of special assessments in the qualification calculation on the basis that the assessment will be in place for the life of the loan. Finally, in response to CAI members’ ongoing pressure, FHA will be making additional changes to its condominium insurance guidelines. FHA has indicated that they will be issuing additional guidance to address issues with project certifications, transfer fees, and management company fidelity bonding. This is good news for CAI members as FHA accounts for up to one-third of all condominium loans. On the downside, due to a pull back in bank lending and the insolvency of Fannie Mae and Freddie Mac, FHA has been forced to fill the vacuum in the mortgage market. This has stressed the agency and pushed its financial reserves to dangerously low levels. If the economy stumbles and FHA’s reserves tip into the red, the agency could need a congressional bailout. With the heated political climate super-charged by election year politics, any solvency issues with FHA would likely set off a firestorm that could sideline the critical lending role FHA is now playing. There is one point we can be sure of among all this uncertainty, and that is that CAI will be working to make sure that CAI members voices are heard in this debate. As part of our ongoing Mortgage Matters Program, CAI is working to protect homeowners in community associations and to ensure access to fair and affordable mortgage products for all current and potential community association residents. You can follow our work and share your thoughts at www.caimortgagematters.org
Diamond Corner
Diamond Corner CAI Central Arizona Chapter is a non-profit organization who is dependent upon the sponsorship of vendors to help address the needs of community associations and those who serve them throughout the Valley. Our Diamond Sponsors are those who continue to give back to our organization and assist us not only in the educational aspects of community associations, but with the networking and legislative needs of them as well. We thank each and every one of our renewing Diamond Sponsors for 2012. Please watch for their insights and advice throughout the year in each edition of the Diamond Corner.
Carpenter, Hazlewood, Delgado & Bolen, PLC Collections, Litigation, Enforcement, Insurance Defense and General Business Legal Services for Your Association Dicks, Coglianese & Shuquem Making what’s wrong…..right. Maxwell & Morgan, PC An AV rated firm devoted exclusively to community association law and litigation, representing hundreds of community associations throughout Arizona.
Thank you to our renewing Diamond Sponsors for 2012!
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10201 S. 51st Street ● Suite 270-275 ● Phoenix, AZ ● 85044
480.219.3633
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Annual Sponsors
CAI - Central Arizona
2012 Annual Sponsors
DIAMOND SPONSORS Carpenter Hazlewood Delgado & Bolen, PLC Dicks Coglianese & Shuquem Maxwell & Morgan, PC copper SPONSORS Pinnacle Restoration GOLD SPONSORS Potts & Waldron Advanced Painting/ Builder’s Choice for HOAs Community Association Underwriters of America, Inc. Planned Development Services SILVER SPONSORS Burns Pest Elimination Red Rock Financial Services Nautilus Kasdan Simonds Weber & Vaughan LLP First Citizens Bank Securitas Security Services US Bank Mutual of Omaha Bank/CondoCerts Clean Cut Landscape Management Trident Security Burdman & Shore Valley Protective Services PureGreen Landscape Shamrock Landscaping, Inc. Alliance Association Financial Services Jon Wayne Construction The Groundskeeper Landmark Land Management Rossmar & Graham Metro Phoenix Bank BNC Bank BRONZE SPONSORS Jomar Association Services PMG Services Tri City Property Management Mutual Management Services Somerset Landscape Maintenance CORPORATE SPONSORS Smartstreet Ginsberg & Dwaileebe CPAs COIT Cleaning & Restoration
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Anne Dill
Manny San Miguel
Vice President/ Regional Account Executive 602.369.2388 Toll Free 866.800.4656, ext. 7499 anne.dill@cabanc.com
AVP/ Regional Account Executive 602.690.2136 Toll Free 866.800.4656, ext. 7405 manny.sanmiguel@cabanc.com
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cabanc.com Community Association Banc is a division of Mutual of Omaha Bank. Member FDIC. Equal Housing Lender National Corporate Member of Community Associations Institute. Affiliate Partner of the Arizona Association of Community Managers.
Issue 1 / 2012
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Committee Chairs
Wishing you had a better banking partner?
CAI - Central Arizona
2012 Committee Chairs
Directory Kathe Barnes, AMS, LSM, PCAM Scottsdale Ranch Community Association (480) 860-2022 kbarnes@scottsdaleranch.org Kerry-Lynn Goto, CMCA, LSM, PCAM, RS Great Boards, LLC (602) 569-0288 Kerry.goto@greatboards.com EDUCATION Tim Snowden, ARM, CMCA, AMS, PCAM, CCMC (480) 921-7500 tsnowden@ccmcnet.com Bruce Gran, CMCA, AMS, PCAM HomeWiseDocs (727) 667-6625 bruce.gran@gmail.com Membership Linda Van Gelder Alpha Community Management (602) 439-8010 linda@alphacommunitymanagement.com Jim Welch, CMCA, AMS, PCAM Mountain Park Ranch Homeowners Association (480) 704-5000 jim@mtparkranch.org PCAM Mark L. Wade, CMCA, AMS, PCAM, LSM Leisure World Community Association (480) 832-0003 x228 mwade@leisureworldarizona.com
Legislative Action Brian Morgan, Esq., CCAL Maxwell & Morgan, PC (480) 833-1001 bmorgan@hoalaw.biz Kathe M. Barnes, AMS, LSM, PCAM Scottsdale Ranch Community Association (480) 860-2022 kbarnes@scottsdaleranch.org Magazine Elaine Anghel, CMCA, AMS, PCAM Tri-City Property Management Services (480) 844-2224, Ext. 125 eanghel@tcpm.net Regis Salazar, CMCA, AMS Vision Community Management (480) 759-4945 rsalazar@wearevision.com Public Relations Joshua M. Bolen, Esq. Carpenter, Hazlewood, Delgado & Bolen, PLC (480) 991-6949 josh@carpenterhazlewood.com Maggie Story, CMCA, AMS PMG Services (480) 829-7400 ext. 210 mstory@pmg-service.com sponsorship
Programs Denise Ochoa Kasdan, Simonds, Weber & Vaughan LLP (602) 224-7800 dochoa@KasdanSimonds.com
Is your membership current? Contact Kayte Comes at (602) 347-8726 or kayte@cai-az.org.
C E N T R AL ARIZONA CHAPTER
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Cathy Darlington
giulia Valluzzi
amber WelCh
Some of the reasons why we’re different: • We are a local community bank ~ your money stays here! • We provide Lockbox and Remote Deposit Capture • SBA Lending and long term financial strategies • Technology of a big bank with the excellent personal customer service of a small bank.
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Consultation in labor and employment matters for HOAs Training of HOA employees and supervisors in prevention of harassment and other personnel matters Training of HOA Board Members in leadership development and avoiding liability
Denise M. Blommel, Attorney 7272 E. Indian School Road, Suite 206 Scottsdale, AZ 85251
phone 480-425-7272 | fax 480-425-7274
“Representing HOA employers for over 15 years.” “CAI-CAC member for over 6 years.”
denise@azlaborlaw.com | www.azlaborlaw.com
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C o n g r at u l at i o n s Corner
October 2011 through January 2012 AMS Designations Associated Asset Management Mr. Howard Friedman Lone Star Property Management, LLC Mr. Russell Budz Preferred Communities Ms. Korin Hatch Lone Star Property Management, LLC Ms. Carri Sidney Golden Vista RV Resort Mr. Larry Martin DC Ranch Association, Inc. Ms. Veronica Aguilar CMCA Designations Vision Community Management Julia Carter Amcor Property Professionals, Inc. James Nelson Associated Asset Management Howard Friedman Capital Consultants Management Corporation Michelle Freed Sun Lakes Homeowners Association II Steve Nolan Vision Community Management Leah LaBarge Vision Community Management Darin Fisher Rossmar & Graham Management Company Kirk Kowieski DC Ranch Association, Inc. Veronica Aguilar Brown Community Management, Inc David Mayemura
Vision Community Management Jay Thomas
Platinum Management, Inc. Tamarra Censky
Vision Community Management Christine Giardino
Recreation Centers of Sun City, Inc. Janet Ek
LSM Designations
Superstition Springs CMA Sherry Watson
Sun City Grand Community Association Mitzi Mills Mountain Park Ranch Homeowners Association Jim Welch PCAM Designations Apache Wells Homeowners Association Enga Bach Associa Canyon Gate Real Estate Services Tony Brown
Cadden Community Management Kimberly Lax Sabino Mountain Community Association Christine Johnson Investment Properties Management Justin Field Silverleaf Management Group, LLC Lisa Turner Lewis Management Resources Julie Hoover Ron Pereira
Sentry Management Inc. Catherine LaTona
Dobson Ranch Homeowners Association Michele Ray-Brethower
Cadden Community Management Teri McGuinness
Morris Property Management, Inc. Brenda Farmer
Platinum Management, Inc. Kathleen Buske
Talis Management Group, Inc. Beverly McKernie
SaddleBrooke Homeowners Association #1 Scott Devereaux
FCS Community Management Sarah Crawford
Associated Asset Management Kathleen Johnson Heritage Highlands at Redhawk Master Homeowners Association Jeffrey Ziegler Renaissance Community Partners Kevin Bishop Associated Asset Management Terrance Smith Excellence Community Management Susan South
Sun City Grand Community Association Rocco Roccanova TWC Association Management Teresa Whitmore Cardinal Management Group, Inc. Victoria Garner Vision Community Management Pamela Rottner Vision Community Management Regis Salazar AAM, LLC Vicki Sears
CENTR A L ARI ZONA C HAP TE R
Stop by our office‌ 2221 W. Baseline Rd., Ste. 101, Tempe, AZ 85283 30
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Scan the tag or visit www.caionline.org/pmdp and register for this course online!
Learn how to understand risk and limit exposure to loss. This course provides a comprehensive look at insurance and risk management issues. It shows you how to evaluate communities, review inspection reports and study policy details. You’ll learn to assess your association’s exposure to loss and evaluate all types of insurance policies. AdvAnce regiStrAtion iS required call (888) 224-4321 (M–F, 9–6:30 et) or visit www.caionline.org/pmdp.
Register online four weeks ahead and receive a $25 discount.
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Putting the pieces back together, one nail at a time. Issue 1 / 2012
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C a l e n d a r o f Ev e n t s
2012 CAI CAC Event Calendar April 10th
CAI – Central Arizona Educational Lunch – Urban Economics and Community Sustainability
May 2-5th
CAI – Annual Conference Caesars Palace, Las Vegas, NV
8th
CAI – Central Arizona Educational Luncheon – Moving up the Pavement Maintenance LadderPlanning for Asphalt Repairs
24th
New Member Breakfast Club Meeting
JUNE 7-8th
PMDP Course M-330 Tempe, AZ
12th
CAI – Central Arizona Educational Lunch -2012 Legislative Update
22th
CAI – Casino Night Tempe Center of the Arts, Tempe, AZ
For more information, visit the chapter website at www.cai-az.org or call the office at 602-347-8726. Items in red are CAI National events.
ﮭBoard Member Consultation for settlement & project management from start to finish ﮭEvaluations to include water intrusion for roofing, tiles, drywall, windows and stucco. Also foundation cracking, defective block walls, stucco walls & wrought iron fencing ﮭOverall building & common community areas advisement, project prioritization and Reconstruction Consultations ﮭBoard/ Manager Training/ Fast Trak System ﮭRecommended HOA Banking Services that provide streamline financial options for HOA repairs & maintenance. Easy steps to qualify!
AZ License # ROC195837
C E N T R AL A R I ZO N A C H A P T E R
• No
Interested in getting more involved with the chapter?
•
All of our committees welcome new members. Contact Kayte Comes at (602) 347-8726 or kayte@cai-az.org.
•
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|
RAIN DOES MORE THAN GET YOU WET, IT PUTS YOU ON NOTICE. If you feel that your community association may have construction defects, and you haven’t consulted an expert, be warned: The statute of limitations clock is ticking.
D C S
ICKS OGLIANESE & HUQUEM Construction Defect Lawyers Making What’s Wrong Right
RAIN PUTS YOU ON NOTICE! Living in a home with leaks, mold, or other defects can sometimes make time feel as if it’s standing still. However, as we all know too well, time marches on. The weeks, months, and years can tick by at seemingly warp speed. Homeowners must be aware that the statute of limitations clock is ticking for construction defects that have not been resolved. As with all potential legal actions, statutes of limitations are in place for construction defect claims, setting definitive time limits after which claims are barred. The expiration of statutes of limitations are often a builder’s best defense against construction defect claims. Because of the significant costs of building repairs, it is important that homeowners and association board members educate themselves and remain vigilant over all applicable statutes of limitations for construction defect claims. This is critical because the implications are severe. For example, a negligence claim for faulty roof construction has a statute of limitations of two years from the “discovery” of the leaks. Leaks from the recent rains may have been the “notice” to your association that the clock is ticking on a potential construction defect claim. Dicks, Coglianese & Shuquem, LLP, is a leader in construction defect litigation, having helped thousands of Arizona property owners protect the value of their investments. We are proud to have collected more than $100 million dollars on behalf of our clients, to help repair their homes, and make what’s wrong, right.
What to look for: Staining in the interior drywall and the corners of the window sills Staining on the carpet tack strip at sliding glass doors Look at the frequency and size of cracking in your drywall, stucco and foundation– are the cracks wide enough to place a dime in and longer than a foot? Do you have standing water after it rains and does that water drain toward the house?
At NO COST to you or your association, we will arrange for a licensed general contractor or architect to perform a complete walk-through inspection and evaluation of your home, building, grounds and common areas.
Phoenix (602) 254-4222 3300 N. Central Avenue, Suite 2000 Phoenix, AZ 85012 Tuscon (520) 624-5171 Or visit us on the web at: www.hoadefectlawyers.com Issue 1 / 2012
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