Insight and Education for Community Associations Community Associations Institute / Central Arizona Chapter / www.cai-az.org
Spring 2013
Celebrating Community
CAI Celebrates Milestone Anniversary The Hatfields and the McCoys:
HOA Involvement in Neighbor Disputes
Community Programs Assist Struggling Homeowners A Place to Call Home The Evolution of Community Life CAI Celebrates 40 Years or “My God I Feel Old”
PLUS… President’s Message Community Spotlight 2013 CAI CAC Event Calendar
CARPENTER HAZLEWOOD PRESENTS...
* “FREE” COLLECTIONS $0 DUE FOR MORE INFORMATION CONTACT JAVIER DELGADO JAVIER @ CARPENTERHAZLEWOOD.COM
C A R P EN T ERHAZ LE WOOD.COM
*See full Agreement for details Spring 2013
1
Spring 2013
Celebrating Community
Community Associations Institute / Central Arizona Chapter / www.cai-az.org
Features 14
Departments President’s Letter ................................ 4
CAI Celebrates Milestone Anniversary
Chapter Executive Director’s Letter From the Editor
From Backyard Planning Sessions to 40 Years of Growth and Success
Public Relations ................................... 5 Like Us on Facebook®!
Hatfields and the McCoys: 16 The HOA Involvement in Neighbor Disputes
17
Community Spotlight .......................... 6
By Augustus H. Shaw IV, Esq., CCAL
Welcoming our Heroes Home When the Bark is Worse Than the Bite!
Community Programs Assist Struggling Homeowners
New Members ..................................... 8
14
By Elise Saadi, Esq.
A Place to Call Home
CAI Events ......................................... 10 CAI Family Fun Day 2012 2012 CAI Annual Golf Tournament January Educational Luncheon February Luncheon
By Jennifer Budzinsky
17
Welcome to the Central Arizona Chapter!
18 The Evolution
of Community Life By Nicole Engelmann
Annual Sponsors ............................... 20 2013 Annual Sponsors
19 CAI Celebrates 40 Years or “My God I Feel Old”
Diamond Corner ................................ 21 Showcase of Top Sponsors
Congratulations Corner & 2013 Committee Chairs ..................... 22
By Dale Stansel
Calendar of Events ............................ 24
2013 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.
18
Valhalla Community Magazines www.Valhalla360.com
For advertising and editorial information,please call Valhalla Community Magazines at (480) 634-1708.
Spring 2013
3
From the president
President’s Letter Josh Bolen, Esq., CAI Central Arizona Chapter President
Community Associations Institute Central Arizona Chapter 2013 Board of Directors
Webster’s Dictionary has many different definitions for the word “community,” but my favorite definition is, “a group of people with common characteristics or interests living together within a larger society.” One commonly thinks that the HOA’s community interest is limited to protecting and increasing home values by maintaining common areas and enforcing restrictions. However, today’s HOA interests have greatly expanded beyond this stereotype. CAI-CAC and its members are seeing communities go above and beyond the minimal requirements set forth in their governing documents. Today’s HOA communities are reaching out to help neighbors in need, providing activities to bring communities and neighbors closer together, fostering dispute resolution
procedures between HOAs and residents, expanding amenities to meet the needs of the residents and, most importantly, working with homeowners, board members, community managers and business partners to develop and enhance the HOA community living experience. This is a trend that should truly be celebrated. The CAI-CAC Board of Directors is grateful to all of its members that work so hard to improve HOA communities throughout the State of Arizona. We continue to encourage everyone to attend the upcoming educational seminars, social events and trade show to learn more about CAI, its people and its benefits. Let’s continue to build better communities through better HOAs.
Chapter Executive Director’s Letter Happy New Year! The Chapter is in full swing with a lot of new features and some exciting ones coming up in the near future. In the fall of 2012 we launched our Facebook® page and our goal for this year is 250 “likes” by year end. In February we also launched our LinkedIn® page and that goal too is 250 connections by year end. The membership has spoken, and in a couple of months we will have a new website that is tablet friendly and will also come with a smart phone app version. The
Chapter is very excited that we will be able to offer faster and better timed services with the new website. Please stay tuned! It is very important to the Chapter and the Public Relations Committee that we stay relative and informative. By adding these features we hope to capture better public awareness and bring enjoyment while doing so.
Kayte Comes, Executive Director CAI-Central Arizona Chapter
4
www.caicommunityresource.com
Chapter President-elect Mary Jo Edel, CMCA, AMS, PCAM PMG Services 480-829-7400 x202 • maryjo@pmg-service.com Chapter Vice-President Linda Van Gelder Alpha Community Management 623-825-7777 linda@alphacommunitymanagement.com 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 Mark Wade, CMCA, AMS, LSM, PCAM Leisure World Community Association 480-823-0003 mwade@leisureworldarizona.com Brian Morgan, Esq., CCAL Maxwell & Morgan, PC 480-833-1001 bmorgan@hoalaw.biz CAI Central Arizona Staff Kayte Comes Executive Director 602-388-1159 • kayte@cai-az.org Chapter Office 1625 E. Northern Ave., Ste. 201 Phoenix, AZ 85020 Tel: 602-388-1159 • Fax: 602-513-7462 info@cai-az.org • www.cai-az.org Community Resource Committee Committee Chairs Jessica Maceyko, Esq. Ekmark & Ekmark, LLC Vanessa Dreyer, PCAM CCMC Board of Directors Liaison David Segal ACE Construction Services Committee Members Nicole McConville Scottsdale Ranch Community Association Brooke Songer, CMCA Uptown on 27th Elaine Anghel, PCAM Tri-City Property Management Services
From the Editor... Happy 40th Birthday, CAI! In light of this milestone, the Community Resource Committee chose to dedicate this issue to celebrating CAI and celebrating community. While we all face challenges in this industry, we encourage each community association professional and each community association volunteer to find one “victory,” however big or small, to celebrate in their community each day. Maybe today your community finally finished up an improvement or repair project. Perhaps you helped resolve a
Chapter President Josh Bolen, Esq. Carpenter, Hazlewood, Delgado & Bolen, PLC 480-427-2862 • josh.bolen@carpenterhazlewood.com
dispute between two neighbors today. Or, maybe today you simply held an effective board meeting without any drama. Whatever the reason, pat yourself on the back and high-five those that played a role in the victory! And in doing so, you will remind those around you that they share in something worth celebrating.
Ursula Mancuso, CMCA, AMS PMG Services Jacob Marshall, CMCA CCMC Nate Roberts Seamless Services, Inc. Lindsey O’Connor, Esq. Carpenter Hazlewood Delgado & Bolen Magazine Editing Subcommittee Anne Dill, CMCA Mutual of Omaha Bank Julia Ricciardi, CMCA, AMS Total Property Management Dawn Engle, CMCA, AMS Planned Development Services
Jessica Maceyko, Esq., on behalf of the CAI-CAC Magazine Committee
Kerry Lynn Goto, PCAM Great Boards Kathe Barnes Scottsdale Ranch Community Association
P u bl i c R e l a t i o n s
Like Us on Facebook®! What is the best way to stay connected to your fellow CAI members, gain access to invaluable resources, and stay up to date on the latest CAI happenings and events? Like CAI-CAC on Facebook®! Since joining Facebook®, we’ve been able to provide easy access to important information affecting our industry. Whether you are searching for legislative updates, national headlines, photos from recent events or recaps of luncheon topics, the CAI-CAC Facebook® page has it all. Joining is easy. If you don’t already have an account, log on to www.facebook.com and select “Sign Up for Facebook.” Answer a few questions and create your own personal Facebook® account. Once you’ve set up your account, or if you are already on Facebook®, search for “Central Arizona Chapter of Community Associations Institute,” or go to http://www.facebook. com/CentralArizonaChapterofCAI. Click on “Like” and your work is done. Remember, on Facebook® you control your own preferences—this means you will not be bombarded with emails that you don’t have time to read. What you will have, however, is easy access to important CAICAC information any time you need it.
�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!
Making Management Manageable
480-545-0456
phoenixsalesteam@groundskeeper.com • www.groundskeeper.com I am also a salesperson in print. I talk to the 10,000 perspective customers in Community Resource every issue. How many do you talk to?
Is your membership current? Contact Kayte Comes at (602) 388-1159 or kayte@cai-az.org.
Hello, I am an Ad.
The readers are here, where is your ad?
C E N T R A L ARIZONA CHAPTER
Valhalla Community Magazines
(480) 634-1708 Spring 2013
5
community spotlight
Welcoming our Heroes Home By Delores Ferguson, CMCA, AMS, PCAM
Austin Hoopes loves walking around his house without his slippers. He says it is one of the best things about being home. Last week, Austin returned from war. Although it was 9:30 P.M., his arrival at his home in Maricopa, Arizona was not a quiet one. That’s because his Tortosa neighbors waited up to greet him. You see, they had been working in partnership with their community manager to plan a very special homecoming for Austin, who had just completed a one-year tour of duty in Afghanistan— and they did not want to miss this opportunity to personally thank their hometown hero. “I really didn’t expect anyone to be there to welcome me, because the rest of my unit is in Utah,” he explains. “I was just super tired, so happy and thankful, then I saw the flags.” Austin joined the Utah National Guard in the spring of 2001 – just six months before September 11. At the time, our country was not at war. His military duties would be limited to one weekend each month and two weeks each summer. “I love serving my country, but I also love my family,” says Austin. “Joining the Guard is a great way to serve and be part of the community, but still hold a regular job at home.” Austin’s “regular job” is in the marketing department of InfusionSoft in Chandler, Arizona. In the Guard, he holds the rank of First Lieutenant, and he is an Apache helicopter pilot who helps protect US ground forces. Austin received his deployment orders in 2011, just after Thanksgiving. The following January, he left his wife Julianne and their two children and reported for duty in Afghanistan. Julianne was expecting their third child when they said goodbye. And it was, in fact, Julianne who sparked this amazing story of community. She wanted to plan a special homecoming for Austin, so she contacted her church to see if she could borrow their American flags to line the neighborhood streets. She reached out to friends on Facebook®, and one of them suggested she contact her CCMC community manager at Tortosa, Chris Hashisaki. “Her team took it away from there,” she says. “They were really helpful and made it all happen.” And happen it did! Neighbors were notified, and the response was simply amazing. Not only did they agree, they actually wanted to help! And so the community went to work executing Julianne’s plan. Maricopa Boy Scouts lined the streets with Old Glory. One neighbor tied yellow ribbons around the trees. The CCMC management team decorated each street corner with balloons and printed a “welcome home” banner for Austin’s garage door. Spotlights lit the way, as local media arrived. When everything was in place, Julianne headed for the airport. It was 5:30 P.M. Four hours later, their hero was home. So, does Austin consider himself a modern day hero? Not really. But he did feel useful in Afghanistan and believes his service will help protect his family. “I’m not a hero, but my wife sure is. Raising three kids – that’s how I define hero.” Welcome home, Austin. Welcome home. Delores Ferguson, division president for Arizona and Salt Lake City, Utah has 26 years of diversified master-planned and portfolio community management experience.
6
www.caicommunityresource.com
When the Bark is Worse Than the Bite! By Mitzi Mills, CMCA, LSM, PCAM
Sun City Grand (SCG) is a Del Webb Active Adult Community in Surprise, Arizona. With beautiful amenities, classic architecture and brilliant landscape, it meets the expectation of the name, “Grand.” Just prior to its transition from developer to homeowner control, a group of residents approached the developer and requested that a dog park be added to the community. Since all the common area land had been developed, a section of the Village Center greenbelt was fenced off, and a couple of benches, a drinking fountain and hose bib were added. The dog park was a far cry from the resort quality amenities that were installed as part of the original plan, but it gave residents a place to take their dogs to run and a place for residents to socialize. As the next five years passed, the shortcomings of the park began to surface. The enclosed park area was not large enough to close areas periodically so the grass could rejuvenate, resulting in many areas turning to bare dirt. In other areas of the park, the large shade trees kept grass from growing at all, and poor drainage allowed water from rain, cleaning and irrigation to sit for hours, creating a mud bath for the dogs. In addition, each year the park had to be closed down 30 to 45 days for over-seeding, to the dismay of many of our residents. About five years ago, the Sun City Grand Pet Club came forward with a request to enlarge the park in order to segregate the small dogs from the large dogs and so that we could close off sections of the park for days at a time to allow grass that had been trampled by dogs to grow. The plan they presented would take the majority of the last greenbelt area in the Village Area, and since the area was right next to the tennis courts, the Sun City Grand Tennis Club protested loudly. Hearing the need of one group of residents and the protests of another, the association turned to its landscape contractor, Gothic Grounds Maintenance, for specifications, plans and alternatives. They turned the request over to their sister company, Gothic Landscape, Inc. (GLI), and we were off to the races- the dog races, that is. Knowing how important it is in any community to retain the developers’ vision, the association gave GLI a unique challenge: develop the plan by asking the question, “If Del Webb had created a dog park as part of the original plan for Sun City Grand, what would it have looked like?” With input from the Sun City Grand Pet Club and association staff, GLI put together a proposal that focused on a plan that would create a point of pride in Sun City Grand with the following features: o Provide more usable space o Separation of small dogs and large dogs
o Attractive seating that aesthetically blends with the surrounding community amenities o Year round usage o Ease of entrance and exit o ADA compliant (accessible) o Shade o Watering stations o Pet safe plant material offering different textures and colors o Sound and visual barriers o Clean environment for pets and people Knowing that space was limited and the resistance to enlarging the existing dog park, the plan used the existing space more efficiently. Planter beds and concrete seating areas that took up valuable space were removed. Synthetic turf was added, eliminating the need for closing down sections of the park for rejuvenation. Many in the community had a pre-conceived idea of synthetic turf, and objected loudly not only to each other and board members, but also to the press and media. In response to this, we held public meetings to present the strengths as well as the weaknesses of the plan. The overall plan increased the usable space 4,000 square feet without expanding the current fence line. It provided an area for small dogs and an area for large dogs, divided by a removable fence. The existing trees in the area plus benches with canopies provided shade for comfort. Benches were placed in several areas of the park, the walkways were made ADA accessible, and the entries were enlarged with a gated transition area to allow residents to gain control and leash their dog before exiting the park. Watering stations were added for the residents and the pets, with trendy cooled drinking fountains with dog watering bowls at the base. Pet waste disposal stations, along with hoses for cleaning up after pets, were strategically placed throughout the park. Lighting was added for early morning and evening hours. As a final touch for the aesthetics from outside the park, a beautiful aluminum fence with baked on finish and ½� spacing was put in place, and plant material added that created color throughout the year. Probably the most impressive part of the plan was the synthetic turf, the drainage and the automatic disinfectant system. Using Arizona Luxury Lawn’s Pet Pro 1� thick synthetic turf with Pet Pro Infill system, the association was able to create a sanitary and safe environment for the dogs. In order to upgrade the cleaning and sanitizing further, the existing irrigation system was left intact and modified with a reverse osmosis system and a tank to hold a pet safe chemical that neutralizes pet urine. The system automatically turns on during the middle of the night a couple of nights a week. Because of the extensive drainage system under the turf, water from cleaning and rain quickly drains through the synthetic grass and percolates through the ground below, making it possible for the park to be used almost immediately following a rain or cleaning, compared to what use to be a 24 hour shut down. As a team, we learned something very important about building community; we learned that the objections to this project were based on two things, people who felt it was too much money to spend on dogs, and people who felt artificial turf would cheapen the property, look fake and generate heat. The education process took longer than the actual project. In the end, as a community, we learned that we have over 300 dog owners, we learned that this is the only amenity that some of our residents use, and that as they grow older, having a place to take their
pet and socialize is the highlight of their day. In other words, the park was not only for the dogs, it was for our residents. We also learned that synthetic turf has come a long way, not only in durability but in appearance. The turf is beautiful and looks better than real grass ever did in the area, it does not smell, is easy to maintain and is not too hot to walk on in the summer. At times the resistance to this project was painful, but in the end it was well worth it. The park is used about 16 hours a day, and it is hard to find a time when it is not full of activity. It is a beautiful addition to our community and one that residents take visitors to see. It is truly a point of pride and fits into the community like it was built with the rest of our amenities. The “Grand� opening of the pet park was attended by about 250 homeowners, and this comment tells the whole story, “Now this is a dog park that belongs in Sun City Grand!� Converting the nay-sayers always feels good, but not as good as knowing that your research and hard work has provided an amenity that is used by so many, meets the needs of the residents who use it, and looks like it belongs in the middle of the Village Center!
Mitzi Mills has been a community association manager for over 20 years, serves on the CAI Arizona Legislative Action Committee, and received her PCAM in 1992 and her LSM in 2012. She specializes in Active Adult Communities and is the Executive Director at Sun City Grand.
Spring 2013
7
New Members
Welcome to the Central Arizona Chapter!
CAI MEMBERSHIP APPLICATION 6402 Arlington Blvd., Ste 500 • Falls Church, VA 22042 Ph: 1-888-224-4321 • Fax: 1-703-970-9558 • 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 November, December, January and February.
Homeowner/Board Members: Ms. Linda Diefenderfer Ms. Leslie Campa
Silver Mountain Real Estate Group Colony American Homes
Individual Community Managers: Mr. Wayne Little Ms. Kari Moyer Ms. Nicole Fifer Ms. Tricia Hill Ms. Shirley Jay Ms. Devin Arbuckle Ms. Marilee Mohr Ms Rebecca Jean Evans Ms. Jenna LaFleur Mr. Todd Wuellner Ms. Rachelle Pierce Ms. Nikki Ramalho Ms. Lisa Riesland Ms. Laurie Segler Ms. Karen Angelo Mr. William Barnard Mr. Dale Stansel Ms. Julie Madden
Jomar Association Services CCMC DMB West Valley Community Life Marley Park CCMC CCMC CCMC DC Ranch Association Planned Development Services Planned Development Services Sun City Grand Community Association CCMC Pebble Creek Homeowners Association Pride Community Management Sun City Grand Community Association
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:
Management Companies:
Fax:
Ms. Jennifer Crawford Mr. William C. De Mille Ms. Ann Marie Jovita
Email:
The Management Trust Chicagoland Community Management, Inc. Community Management & Consulting
Business Partners: Mr. Sean Igleski Mr. Michael Morrell Mr. Michael Boyce Mr. Joshua Fornoff Mr. Jeremy Newman Mr. Brigham Cluff Mr. John Stallone Mr. Clint Goodman Mr. Bruce Gran, CMCA, AMS, PCAM Mr. Warren Nichols Ms. Robyn Charland Ms. Lauren Engels Ms. Tracey Smith Ms. Lisa Campos
8
HOA Playground Services Legend Landscaping, LLC Frazee Paints MTS Painting and Property Services Newman & Associates, Inc. An Accounting Corporation Cluff & Cluff, PLC Desert Pool Commercial, Inc. Goodman Law Office Gran Community Association Consulting Republic Services Canyon State Roofing Go Green Services Applied Pavement Technology, Inc. First Citizens Bank
www.caicommunityresource.com
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
$134 $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.
Spring 2013
9
2012 CAI Annual Golf Tournament CAI Ev e n t s
CAI Family Fun Day 2012 On behalf of the CAI the Programs Committee, we would like to extend our gratitude to all those who attended and supported the first annual Family Fun Day with CAI and made this a fun and successful event. The event was held at Steele Indian School Park in October 2012 and included activities with Radio Disney for members, vendors, the community and their families. A fun day was had by all while dressing up for photos, pumpkin painting, laser tag, face painting, train rides, and flower planting. Attendees joined in the exitement by dancing with Radio Disney and participating in dance and hula hoop contests. We were also able to help out those who are less fortunate in the community by donating used clothing and items to Goodwill while at the event. The CAI Family Fun Day event was estimated to have hosted over 300 visitors throughout the day. Thank you to all the event sponsors: Landmark Land Management, Ace Construction Services, Jomar Association Services, and Blue Star Landscaping who attended and sponsored special activities for families and children of all ages. To see more photos of the 2012 Family Fun Day event go to www. facebook.com/centralarizonachapterofcai
10
www.caicommunityresource.com
The 2012 CAI annual golf tournament was held November 30, 2012 at the Whirlwind Golf course in Chandler, AZ with 284 golfers turning out for a fun-filled day of golf, networking, food and drinks, and nice giveaways, awards, and prizes. The weather was great, which made the day even better! Everyone enjoyed the Troon golf facilities and two nice courses that were challenging even to the avid golfers. Several people arrived early to take advantage of the breakfast and driving range. After 18 challenging holes, the golfers enjoyed a tasty buffet and visited with each other. Awards were given to the three lowest scoring teams, with each player receiving trophies. “Closest to the Pin” and “Longest Drive” awards were also given. Congratulations to our winners: First Place (57) – Allen Quist, Larry Heywood, Chad Gallacher, and Austin Heywood. Second Place (58) – Eric Jensen, Mark Kunkel, David Turner, and Jane Grimm. Third Place (58) – Fernando Torres, Derek Smith, Terrance Smith, and Melani Caron. We also had an excellent raffle at the end of the day, which was enjoyed by all and particularly those who won the prizes! Prizes included two Kindle Fires, Apple Ipad 3, $100 cash, Keurig coffee makers, golf bag with driver, tequila basket, hats, and many gift cards. CAI could not have had the success with this event without our event sponsors, contributors, and golfers. We are grateful for the generous contributions from our event contributors. We hope to see everyone back next year on December 6, 2013 at Whirlwind, so save the date!
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
“Representing HOA employers for over 16 years.”
7272 E. Indian School Road, Suite 206 Scottsdale, AZ 85251
“CAI-CAC member for over 7 years.”
phone 480-425-7272 | fax 480-425-7274
“Attorney for over 34 years.”
denise@azlaborlaw.com | www.azlaborlaw.com
Spring 2013
11
CAI Ev e n t s
January Educational Luncheon On January 8, 2013, the Central Arizona Chapter of the Community Associations Institute (CAI) held a lunchtime presentation titled, “Booze, Bongs, and Blackjack.” The panel presentation included speakers from each topic area. Lynn Krupnik from Ekmark & Ekmark provided a review of how liquor consumption at association events could be impacted by various laws. Tina Wesoloskie with the Arizona Department of Health Services provided an overview of the Arizona Medical Marijuana Act including legal highlights about property ownership and smoking in public places. Brian Morgan with Maxwell & Morgan discussed how gaming regulations can affect association events. Each panel presenter has provided a summary of the presentations below.
What the Association Needs to Know about Liquor Consumption within the Association
By Anne Dill, CMCA
By Lynn M. Krupnik, Ekmark & Ekmark, L.L.C. If an association does not have a liquor license and allows alcohol to be consumed upon the common areas, it needs to be aware of various laws that could affect the association. Under A.R.S. § 4-244, it is unlawful for a person “to buy for resale, sell or deal in spirituous liquors in this state without first having procured a license duly issued by the board.” It is also unlawful to “sell or deal in alcohol for beverage purposes without first comply” with the law. Furthermore, a person owning or operating a business establishment or premises that is not properly licensed “shall not allow spirituous liquor in the establishment or on the premises if any of the following occur:” (1) food or beverages are sold; (2) entertainment is provided; (3) a membership fee or a cover charge for admission is charged; or (4) a minimum purchase or rental requirement for goods or services is charged.
Lynn Krupnik graduated first in her class from Arizona State University College of Law in 1996,. Ms. Krupnik has served on the Board of Directors for CAI-CAC, and is a member of the College of Community Association Lawyers. Ms. Krupnik has been an attorney with Ekmark & Ekmark since 1997, where she heads up the general counsel department.
Arizona Medical Marijuana Program By Tina Wesoloskie, MPA, Arizona Department of Health Services The Arizona Medical Marijuana Act (AMMA) designates the Arizona Department of Health Services (ADHS) as the licensing authority for the Arizona Medical Marijuana Program. Along with developing the rules and administrative components for the program, ADHS is responsible for issuing Registry Identification Cards for qualifying patients (QPs), designated caregivers (CGs), and dispensary agents (DAs) and for selecting, registering, and providing oversight for nonprofit medical marijuana dispensaries. The AMMA provides several protections and limitations for cardholders and other entities affected by the Arizona medical marijuana program. Some protections under the AMMA include: • No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a registered cardholder • An employer may not discriminate against a person in hiring, termination, or imposing any term or condition of employment or otherwise penalize a person based upon the person’s status as a cardholder or a registered qualifying patient’s positive drug test for marijuana components or metabolites There are several limitations in the AMMA including:
What options does an association have if it falls under the law?
• The act does not authorize undertaking any task under the influence of marijuana that would constitute negligence or malpractice
• The association could obtain a permanent liquor license. There are a variety of licenses available, but only certain associations will meet the criteria for the various types of licenses.
• The act does not authorize an individual to possess or use marijuana on a school bus, in any correctional facility, or on the grounds of any preschool or primary/secondary school
• The association could obtain a special event license. A special event license can be granted to a charitable organization for a specific event. The organization must receive at least 25% of the gross revenues from the special event. Furthermore, approval needs to be received from both the City and the Department of Liquor Licenses and Control (“DLLC”) before the event.
• The act does not authorize an individual to smoke marijuana on any form of public transportation or in any public place
• Hold a wine festival. A wine festival applicant can obtain a license for allowing the sampling of domestic farm winery products on the wine festival premises. • Apply for an exemption as an unlicensed location. An association may be able to qualify for an exemption. However, there are very specific requirements for qualifying. Those requirements include (but are not limited to) allowing a patron to possess and consume on the premises no more than 24 ounces of beer per person or 6 ounces of wine per person. In summary, complying with the liquor laws is quite complex for associations. Furthermore, if a violation is determined after a hearing, a civil penalty of not less than $200.00 and not more than $5,000.00
12
may be imposed for each offense. Therefore, if the association allows for the consumption of alcohol within its common areas, it should consider consulting with its legal counsel to make sure that it is acting in accordance with the law.
www.caicommunityresource.com
• An individual may not operate a motor vehicle, aircraft, or motorboat while under the influence of marijuana The AMMA does not require any person or establishment in lawful possession of property to allow a guest, client, or customer to use marijuana on that property. Also, the AMMA does not require an employer to allow the ingestion of marijuana in any workplace. Finally, the AMMA does not prohibit an employer from disciplining an employee for ingesting marijuana in workplace. *AMMA references are abbreviated for brevity. For full text versions of the AMMA, please visit our website at: http://www.azdhs.gov/ medicalmarijuana/rules/. Tina Wesoloskie has worked for the State of Arizona for over 15 years for State of Arizona. In February2011,she moved to the Bureau of Public Health Statisticswhere she is now the Medical Marijuana Registry Director. She received her Bachelor’s in Environmental Health from Illinois State University and her Masters in Public Administration from ASU.
Blackjack By Brian W. Morgan, Esq., CCAL, Maxwell & Morgan, P.C. Why would an HOA be concerned about gaming regulations? Surprisingly enough, HOAs may unwittingly participate in events that could be considered gaming. The purpose of this article is to provide a brief summary of some of the items discussed at the recent luncheon and to provide some suggestions for avoiding potential liability for improperly being involved in gaming events. A.R.S. 13-3301(4) Defines gambling as: risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or future contingent event. This is a fairly broad definition. What then is NOT considered gambling? Any bona fide business transactions (offer, acceptance & consideration). Some examples of non-gambling transactions include the sale of securities or commodities, indemnity or guarantee contracts and insurance (life, health or accident). The general rule in Arizona is that gambling is unlawful. Federal laws may also apply that prohibit gambling. Violators can be subject to criminal and/or civil penalties. Notwithstanding the general rule against gambling, there are some exceptions to the general rule. Such exceptions include: gambling at qualified state, county or district fairs; raffles conducted by certain qualifying, non-profit organizations; regulated gambling (i.e., casinos); amusement gambling; and social gambling. The most common exceptions in the HOA industry involve amusement and social gambling. Amusement gambling involves the following conditions: 1) players actively participate in game; 2) outcome is not in material control of any person other than players; 3) prizes are not offered as lure to separate players from money; and 4) any one of the following apply: a) only benefit is ability to replay game, b) gambling is athletic event and only players can benefit, c) intellectual contest where money paid is part of established purchase price for a product, d) skill (not chance) is predominant factor in game and value of prize is less than $4.00 with aggregate winnings less than $35.00. Some examples of amusement gambling include billiards, darts, skiball, pinball, video games and midway games. Social gambling occurs under the following conditions: 1) players compete on equal terms; 2) player’s benefit is limited to winnings; 3) no non-player receives direct or indirect benefit; and 4) all players are over age 21. If your social events involve any type of gaming and they do not fall under a proper exception you may be subject to criminal and/or civil penalties. Here are some tips to minimize potential liability under the gaming laws. • • • •
Establish policies approved by legal counsel Check with State gaming agencies to ensure compliance Avoid events that have an appearance of gaming Use licensed professionals to administer any gaming events
Brian Morgan is one of the founders of Maxwell and Morgan, P.C. He is heavily involved in CAI for where he volunteers many hours to teaching and publishing on a local and national level. He currently serves as a Board member for CAI-CAC and is a member of CAI’s Legislative Action Committee.
February Luncheon
Copyright and Trademark By Adrianne Speas and Mark Sahl Did your association just finish its Oscar-night gala or Super Bowl party where the entire membership attended? Perhaps you showed some of the Oscar-nominated movies prior to the big night on a projector at the park? Maybe you played the NFL’s theme song to get the membership pumped
before the big game? Or maybe, after all of these marathon-length television parties, the association starts holding “Zumba-fun” classes in the clubhouse. Let’s see how many potential copyright and/or trademark infringements we have here. I can count at least five – how about you?! Many community association managers and board members do not realize that their associations must comply with copyright law. Generally speaking, all associations must obtain the proper licenses before sharing music, movies, or television programs with its membership audience. Based on the fact that the association owns the venue (i.e., the recreation center, wedding reception facility, park, etc.), it is responsible for obtaining these licenses – not the individuals who are using the association’s facilities. For music (namely public performance like live music at a wedding reception or karaoke), an association should consider obtaining an annual license from ASCAP, SESAC and BMI to make sure it is fully covered. If an association shows “movies in the park” or hosts other similar events, it should obtain the proper licensing from a company that sells licenses (like Swank Productions). If an association is broadcasting a television program (like in the above example), it should check with its cable/satellite television provider to ensure that it has the proper commercial license to hold such an event. Associations should also obtain licenses before “borrowing” or re-publishing articles and photographs that the association did not create. There are very few exceptions to the need for a license. One is the fair use doctrine, which permits un-licensed use of copyrighted material for limited purposes, such as commentary/criticism, news reporting, research/education, and parody. Unfortunately, the fair use doctrine is only a defense to a claim for copyright infringement and only a court can determine whether fair use applies in any given situation. Another exception to the need for a license is for works owned by the Association. For example, if the association hires a photographer to take photos of the common areas to be used on the association’s website, the association could enter into a work-for-hire agreement with the photographer, specifying that the association is the owner of the copyright. In that situation, the association would be entitled to use the photographs as it wished, without any further consent of the photographer. Associations also need to be aware of trademark laws, which can both restrict and protect the association. Trademarks are words and logos that identify goods and services. Trademarks are identified with an “®” if the trademark is registered and a “TM” if the trademark is un-registered. The association should be careful not to misuse other companies’ trademarks. For instance, holding “Zumba-fun” classes that are not licensed or approved ZUMBA® classes exposes the association to a claim of trademark infringement. On the other hand, trademarks can be used to protect the association’s “brand.” For instance, if the association owns a golf course, it may be able to use trademark law to prevent others from using the same or similar name for a new golf course across town. The basic principle behind copyright law is this – artists (musicians, movie producers, television producers, authors, photographers, etc.) are granting you a personal license to enjoy their work. If you “share” their work with 1,000 residents in your community, this potentially represents 1,000 lost sales. So, in the case of public performances, instead of each viewer or listener paying for a personal copy of the work, the entity “sharing” the work pays a fee to obtain a license. Associations often also need licenses to use trademarked words, phrases, symbols or designs. On the other hand, some associations may be able to use trademark laws to protect the association “brand.” Adrianne Speas has been a part of Ekmark & Ekmark’s general counsel department since 2006, and has assisted many associations in a variety of general counsel issues and CC&R enforcement matters. Ms. Speas has also spoken to many community groups and organizations regarding a variety of topics affecting community associations. Mark Sahl is a partner with Carpenter Hazlewood Delgado & Bolen, PLC. Mark focuses his practice on representing community associations in litigation and general counsel matters and speaks frequently on legal topics affecting community associations.
Spring 2013
13
CAI Celebrates Milestone Anniversary From Backyard Planning Sessions to 40 Years of Growth and Success In 1964, the Urban Land Institute (ULI) published Technical Bulletin No. 50, a document that called for the creation of a national organization to provide education and act as a clearinghouse of information and best practices for the growing community association housing market.
Associations Press (now CAI Press) and the College of Community Association Lawyers. Other milestones included publishing the first issue of Community Management (now Community Manager), topping 50 chapters and reaching 15,000 members in 1996.
The principal author was Byron Hanke, one of CAI’s eventual founders along with Lincoln Cummings, then president of Whetstone Homes Corp. and vice president of Montgomery Village Foundation in Maryland; Dave Rhame, a developer and chair of the National Association of Housing Cooperatives; and David Stahl, former public official and ULI executive vice president. Cummings and Rhame would eventually lead the fledging organization.
CAI has been equally ambitious in the new century, expanding its website, offering webinars, developing Rights and Responsibilities for Better Communities, expanding its public policy initiatives, creating the Educated Business Partner distinction and offering its first online course, The Essentials of Community Association Management. Meanwhile, membership surpassed 25,000 in 2005 and topped 30,000—in 60 chapters— in 2010.
But there was a lot of work to be done before leaders would be selected. It took nine years and an abundance of discussion, fortitude and planning—including backyard strategy sessions at Hanke’s Calvert, Md., home. But good ideas persist, and this idea became Community Associations Institute.
Like every organization, CAI had to adapt to meet the challenges of a growing and changing industry. New and enhanced member benefits were developed. Governance overhauls were debated and implemented. The membership structure itself was reengineered, mostly recently in 2005 to encourage individual memberships for community managers and homeowner volunteer leaders.
The official date of birth was Sept. 20, 1973—40 years ago this year. The Central Arizona Chapter was created in 1980. There were fewer than 30,000 U.S. common-interest communities in 1973. Today, more than 64 million Americans live in an estimated 325,000 community associations, condominium communities and cooperatives. The first issue of CAI News, in 1974, was distributed to 200 members. Today, CAI’s flagship national magazine, Common Ground, is distributed to more than 32,000 members—in both print and digital formats.
“Our growth and achievements would have been impossible without the contributions of member leaders,” says Tom Skiba, CAE, CAI’s chief executive officer since 2002. “Sustained growth and success for an organization like CAI requires skilled, dedicated and selfless member volunteers. National and chapter board and committee members, our education faculty, legislative action committee members, authors, event speakers—they are the unsung heroes. They’ve made our accomplishments possible for 40 years.”
CAI’s growth was slow but steady—at first. Membership surpassed 1,000 by the end of 1975. It took eight more years to reach the 5,000 mark. The organization we know today began to take shape during the late 1970s and 1980s.
Jerry Levin, CAI’s president in the early 1990s said it best, “Without the total cooperation of leadership, chapters and individual members, there would be no CAI today.” Visit www.caionline.org/CAI40 to learn more.
• 1975: The first national conference takes place in New Orleans. • 1977: Association Management, the first Guide for Association Practitioners, is published. • 1978: CAI welcomes its 10th chapter. • 1980: The Professional Management Development Program is launched. • 1982: The Professional Community Association Manager (PCAM) designation is introduced. • 1984: The first issue of Common Ground is published. • 1985: CAI welcomes its 30th chapter. • 1986: California members form the first of CAI’s 35 legislative action committees. • 1988: Membership tops 10,000.
Past Presidents Remember: • “A lot of my success has been because of the things I’ve learned and the people I’ve been able to connect with through CAI.” —Ronald P. Kirby, 1981-82 • “When I think about CAI, I have a warm feeling and a sense of shared accomplishment. … CAI is just special.” –Katharine Rosenberry, Esq., 1988-89 • “Our slogan, ‘CAI—Making Community Associations Better,’ held a significance and a consequence that few knew.” —George E. Nowack, Esq., 1994-95 • “No other organization with which I have been affiliated exudes the camaraderie, support, sharing and care as does CAI.” —Paul D. Grucza, CMCA, AMS, PCAM, 2004-05 • “We are the go-to organization for those who want to know about the community association industry.” –Kathryn C. Danella, CMCA, LSM, PCAM, 2012.
CAI continued to expand in the 1990s, creating www.caionline. org, the popular ABCs course (now “Essentials”), Community 14
www.caicommunityresource.com
Now Seeking: Business Development/Community Manager At Pride Community Management we provide the highest degree of personal service for our clients creating exceptional Board loyalty. Responsibilities: • Development, Coordination and Implementation of approved Management Marketing Program. • Secure new contracts with Master Planned, Condo and Co-op Assoc. • Solicitation of and presentations for Home Builders, Developers and Community Membership • Conduct market research in new regions • Conduct preliminary contract negotiations Minimum Requirements: • 10+ years of industry experience • HOA Portfolio Manager experience • Established relationships with Industry Organizations, Board Members & Vendors Compensation: • Base (DOE) + Commission + Unlimited Residual Income Potential
Email resumes to: info@pridemgmt.com
Vial Fotheringham provides homeowner associations with the everyday advice you need and can understand. We offer practical answers to your questions, free training, publications, and online resources. Our team helps associations like you proactively and successfully navigate community life. Visit www.vf-law.com.
2450 S. Gilbert Rd Ste 212. Chandler, AZ 85286 Phone: 480.448.1334 Spring 2013
15
The Hatfields and the McCoys: HOA Involvement in Neighbor Disputes By Augustus H. Shaw IV, Esq., CCAL
Disputes between neighbors come in many stripes and flavors: barking dogs, tree roots, upstairs water leak causing downstairs damage, loud parties, the required repair of a boundary wall, etc. While these neighbor disputes may secondarily involve the community association by way of potential violations of the restrictions, the vast majority of neighbor disputes do not involve the association and may be resolved between the neighbors. Most neighbor disputes can be boiled down to either a lack of communication between the neighbors regarding the issue in dispute or a lack of knowledge of the community association’s rules and regulations and how they affect the issue in dispute. Moreover, a fear of confrontation with someone who lives next door may also increase tensions in neighbor disputes. By providing a forum for disputing neighbors to communicate in a non-hostile, neutral forum, community associations can aid in resolving neighbor disputes before they escalate into full-blown confrontation or litigation. To accomplish this goal, the association could facilitate communication and the sharing of information by inviting both parties to a dispute resolution meeting. This does not mean that an association should actively seek to get involved in neighbor disputes. If, however, one or both neighbors approach the association for assistance, the association could have a way to serve the neighbors through the dispute resolution meeting process. The purpose of a dispute resolution meeting is not to determine a winner or a loser regarding the dispute nor is it to determine whether a violation of the community association’s restrictions has occurred. The purpose of the dispute resolution meeting is to facilitate conversation between the disputing neighbors by providing a forum for discussion and for the dissemination of information relevant to the dispute, such as applicable rules and restrictions that may be relevant. The dispute resolution meeting begins with a written invitation to the disputing neighbors to attend. The invitation should request that the disputing neighbors provide each other and the community association with a statement detailing their side of 16
www.caicommunityresource.com
the dispute and how they feel the dispute may be rectified. Next, the community association should assign someone to facilitate the dispute resolution meeting. The meeting may be facilitated by a board member, the association’s manager or a fellow neighbor not involved in the dispute. The facilitator should be familiar with the dispute and should read the statements of both neighbors. At the dispute resolution meeting, both sides should be given ample opportunity to discuss their position and provide potential solutions. During this process, legal issues or other issues may be raised that require additional information. If this is the case, the meeting may be recessed while the additional information is obtained. If a negotiated settlement to the dispute is achieved, then everybody wins. Sometimes, unfortunately, the dispute may not be settled through a dispute resolution meeting. For these disputes, the community association could refer the disputing neighbors to their local municipality’s neighborhood services department or to a professional mediation service. While the dispute resolution meeting concept can aid in resolving neighbor disputes, it is important to note that a community association may not force disputing owners to meet and negotiate a beneficial resolution. Also, some disputes involving obvious violations of the association’s restrictions should be addressed through the association’s established enforcement policy and not through the dispute resolution meeting process. Providing a mechanism for neighbors to peacefully resolve their disputes can serve to build community while addressing potential issues before they become too big to easily address. Augustus H. Shaw IV, Esq., CCAL is the founding partner of Shaw & Lines, LLC. Augustus has been recognized by the Leadership Centre as a co-recipient of the 2010 Brian L. Zemp Award and as a recipient of the 2006 Lecturer of the Year Award. Augustus is also a member of Community Associations Institute College of Community Association Lawyers.
Community Programs Assist Struggling Homeowners
A Place to Call Home By Jennifer Budzinsky
By Elise Saadi, Esq. While recent financial trends have caused many Arizona homeowners to fall behind on their community association dues and assessments, there is an array of available programs designed to help struggling homeowners become current with their accounts. The tough economic climate of the last several years has led to unusual financial challenges for many Arizona residents and homeowners. From mid-2007 through mid-2011, Arizona’s growth rate and statewide productivity was far below the national average, and for seven consecutive quarters, average personal income and average wage was lower than the year before. Additionally, by mid-2012, roughly 40 percent of all of the state’s mortgaged homes (or 521,600 homeowners) were under water, and the Arizona real estate market faced the third-highest negative equity rate in the nation. This decrease in median income, combined with increasing levels of unemployment and declining real estate values, has made it difficult for many homeowners to maintain their financial commitments and obligations. As such, many Arizona homeowners have had trouble paying community association dues and assessments and now find themselves with delinquent accounts. Luckily, there’s help! Several programs are available to help relieve struggling homeowners and provide assistance with becoming current on their assessment accounts. In fact, many community association management companies and collection services have established community giving programs in response to the widespread financial hardships among the residents of the community. These community giving programs are designed to provide financial support for community members facing financial difficulties and assist homeowners during their times of need. In addition to the programs offered by community association management and collection companies, struggling homeowners can take advantage of non-profit debt programs and other credit management solutions. Mortgage and debt relief assistance is available through several government programs. Many community association banks and financial institutions also offer credit counseling and credit management solutions. Unfortunate economic times and circumstances have affected much of Arizona and many of the state’s homeowners. Evidence of this is easily found in communities across the state. Community associations, management companies, and collection services understand the financial challenges facing many Arizona residents and encourage delinquent homeowners to take advantage of available assistance programs. After all, the community giving programs were created for the sole purpose of giving back to residents, providing assistance, and offering financial support to homeowners when they need it most. To learn more about available community giving and assessment relief programs, contact your community association manager, community association, or collections service provider. Elise Saadi is an attorney who has been practicing in community association law in Arizona for nearly a decade and currently works with Red Rock Financial Services, helping Arizona communities maintain their fiscal health with the use of no cost collections.
During my time as a community manager, I have had the privilege of witnessing numerous acts of great character by board members. Being involved with outstanding individuals that uphold their fiduciary duty in an ethical way is rewarding and aids in my personal development as a manager. Of the numerous boards I work with, Eagle Cove Homeowners’ Association Board of Directors is a notable representation of an ideal board to work with. The Eagle Cove Board is comprised of five fair, well-rounded and smart individuals that have what is best for their community at the heart of each decision that they make. An example of their exceptional volunteerism is their annual spring picnic in their greenbelt area that is typically held around Easter time. The board takes the time and personally plans and arranges the activities that take place at the yearly picnic. This picnic is put together and held for the enjoyment of the community members. The board organizes a breakfast at the picnic that the entire community is welcome to enjoy. The breakfast includes donuts, bagels, coffee, water, and orange juice. In addition, the board works with the landscaping vendor as well as other service vendors, to obtain gift cards and certificates as a donation. The vendors are extremely loyal to the board and give back to the community in this way. The gift cards and certificates are raffled off at the picnic to all attending homeowners. The raffle is always a fun and exciting part of the picnic. The community is extremely family oriented and there are a large percentage of families with school aged children. The children enjoy the spring time gift basket raffle prizes, and look forward to their chance to win. The bouncy houses and slides are another aspect of the picnic that the families and children thoroughly enjoy. As a result of the board’s hard work and dedication to the community, the homeowners have the opportunity to get together, socialize, and have a fun day. The picnic effectively helps facilitate in creating and maintaining a tight knit neighborhood. The aspect of goodwill amongst homeowners is a large part of the camaraderie within the community. The board sets the tone throughout the neighborhood. They feel that the homeowners within their community are their neighbors. The board and fellow homeowners look out for each other as respectful neighbors do best. They help their neighbor two doors down by bringing in the trash can because their family is going through a hardship with an illness. They offer to help their neighbor next door paint their faded side wall because the homeowner needs that extra support and has physical limitations. Boards are often faced with difficult obstacles when it comes to the affairs of the community. I am fortunate to be involved with Eagle Cove and those that make it a remarkable community. Jennifer Budzinsky began her career in the community management industry in 2007. She started as a receptionist, went on to become a violation processor, and finally has achieved success as a community manager.
Spring 2013
17
The Evolution of Community Life By Nicole Engelmann
Community managers are in the business of protecting the greatest investment most people will ever make - their home. The roots of everything we do – covenant enforcement, design review, landscape maintenance, reserve planning and homeowner relations - circles back to this basic premise. While investment protection was the original purpose of homeowners associations, today’s marketplace has created an amazing opportunity for community managers to actually help grow this investment for their clients. In the not-so-distant past, homeowner associations were focused on rule enforcement. The “rules” were about property appearance and resident behavior. Controlling both the former and the latter was the near-impossible charge of property mangers.” The issues at stake included loud noises, pesky children, overgrown weeds, abandoned dog poop and trash can removal. Homeowner involvement was typically discouraged. Partnerships with outside entities were limited and isolation was commonplace. Privatopia - a land where individual rights outweighed the general good - had emerged. By 1980, the disappearance of social networks in America was of growing concern to social scientists. In an effort to measure this decline, Harvard professor Robert D. Putnum conducted a landmark study entitled Bowling Alone: The Collapse and Revival of American Community. Using bowling leagues to measure social involvement, Putnum found that, although the number of people bowling had risen, the number of people bowling in leagues had declined. More importantly, he concluded that social networks (like bowling leagues) actually held value for the people involved. He called this value “social capital.” Bowling Alone revolutionized the way developers envisioned life
18
www.caicommunityresource.com
in their new communities. If social connections could actually add value to a neighborhood, then why not encourage resident involvement through shared space and community programming? “Homeowners Associations” were redefined as Community Associations - the best vehicles through which to deliver this social connectivity. In response to this new market, the role of association managers has begun to evolve. The most progressive industry professionals now take a collaborative approach to their jobs, acting as servant leaders to their communities. They are available, open, empathetic and ready to listen to the neighbors they serve. Their objectives go beyond investment protection; they are actually looking for ways to add value to each community they oversee. This approach gives community managers a clear understanding of what is most important to each unique neighborhood. “Servant Leadership” is defined by Robert K. Greenleaf as the care taken to ensure that other people’s highest priority needs are being served. The best test of this is whether those people grow in health, wisdom, freedom and autonomy. How would the people in your community measure on this scale? Today’s homeowners are looking for more than manicured landscaping and clean swimming pool. They are looking for a place to belong. Today’s community managers have great opportunity to create such places and build valuable social capital in the communities they serve. By employing servant leadership techniques, association managers can evolve with the market and help to change the perception of our industry. Nicole Engelmann is the corporate lifestyle director for CCMC. She functions as a recruiter, trainer and resource for all CCMC lifestyle directors, sharing best practices nationally for connecting neighbors in community settings.
CAI Celebrates 40 Years or
“My God I Feel Old”
By Dale Stansel The year was 1973. The average income was $12,900 (I hope I get a raise soon), the average home $32K, a gallon of gas $0.40 (it’s went up more than that last month), an AMC Javelin cost $2900 (not that I had one), and “Superstition” by Stevie Wonder was number one (I still like that song). Where did the time go? The managers of today, for the most part, are highly trained professionals, thanks to organizations like CAI. This was not always the case. In the mid 80’s when I began my career, CAI (founded in 1973), was in its infancy. The certification programs were not began until 1995. Most of us back then flew by the seat of our pants, going into the field with a pager carrying a pocket full of change. We worked with little to no historical knowledge and/or case law to draw from, with few, if any standard informational sources. Most managers, homeowners and even real estate agents didn’t really
understand what an HOA was, much less realizing the possibility of “Creating Better Communities Through HOA’s.” Just think where we would be right now without CAI. The growing pains of an industry have not been easy. HOA Boards would have nowhere to go for unbiased information, managers would have little resource for continuing education or for the exchange of ideas with their pears and probably most importantly, the HOA industry would not have a nationwide voice with law makers. My hope is those coming into the industry take the time to understand how far we have come and how far we can go. Become a part of the process. From me personally, thank you CAI.. You have helped give me a career I am proud of. Dale Stansel is the current Director of Association Management for Pride Community Management, with more than 25 years of HOA Management experience.
Spring 2013
19
Annual Sponsors
CAI - Central Arizona
2013 Annual Sponsors
DIAMOND SPONSORS Carpenter Hazlewood Delgado & Bolen, PLC CCMC Maxwell & Morgan, PC copper SPONSORS CBI Forensic Consulting & Construction Management GOLD SPONSORS Alliance Association Financial Services Community Association Underwriters of America, Inc. Dicks Coglianese Shuquem, LLP DLC Resources Holbrook Asphalt Company Metro Phoenix Bank PureGreen Landscape Vial Fotheringham, LLP SILVER SPONSORS ACE Construction Services American Technologies, Inc Burdman & Shore Burns Pest Elinination Caretaker Landscape and Tree Management Clean Cut Landscape Management Desert Classic Landscaping Goodwill Of Central Arizona Gothic Landscape Jon Wayne Construction & Consulting Kasdan Simonds Weber & Vaughan, LLP Mutual of Omaha Bank Nautilus General Contractors Paramount Roofing, LLC Pinnacle Restoration Popular Association Banking Red Rock Financial Services RenCo, LLC Republic Services Rossmar & Graham Sentry Management, Inc. Sherwin-Williams Paints Trident Security Services, Inc. Universal Protection Services US Bank Valley Protective Services BRONZE SPONSORS Allscape Property Maintenance Alpha Community Management BlueStar Landscape Brown Community Management Ginsberg & Dwaileebe CPAs, LLC Jomar Association Services PMG Services TLC-The Landscape Company Tri City Property Management CORPORATE SPONSORS COIT Cleaning & Restoration Home Team Pest Defense Smartstreet/Union Bank
20
www.caicommunityresource.com
metro phoenix bank
Community banking for
community associations Local Lockbox Processing Competitive Interest Rates Experienced HOA/SBA Lending and Long Term Financial Strategies Custom Products and Services to Fit Your Business Exceptional Customer Service 4686 East Van Buren, Suite 150 • Phoenix, AZ 85008 Amber Welch 602-346-1816 awelch@metrophoenixbank.com
Diamond Corner
Diamond Corner The CAI Central Arizona Chapter wants to thank our Diamond Sponsors, whose contributions assist us in preserving, protecting, and enhancing the industry. Our Diamond Sponsors contribute at the top level to our organization and are recognized in each issue by providing helpful information to our members. Carpenter Hazlewood What does “community” mean in the context of enforcing the obligations of the homeowners? This issue of the magazine is about “celebrating community,” but few of us think of celebrating when it comes to collections, or enforcing other restrictions like parking. However, “community” should not mean being afraid to take necessary and required actions because a board wants to be nice to the homeowners. In the legal world, “community” should be viewed through the lens of “consistency”. Consistency efforts in collections and
enforcement, as well as consistency in the treatment of homeowners for similar violations fosters community, but it does not ignore the reality of enforcing obligations. Maxwell & Morgan Those who are fortunate enough to live in a well-run community association enjoy many benefits, such as preservation and enhancement of property values; more attractively maintained communities; and numerous amenities within which the neighbors can joyfully gather. Community association directors, residents, managers, professionals and vendors who work together will succeed in creating a community worth celebrating. CCMC At CCMC, we celebrate community. That’s because our unique brand of community management is about human connectivity. We understand that people move into masterplanned communities to increase their quality of life. And it’s our job to help them do exactly that. We believe in serving people first, challenging leaders to be their best, and infusing life with fun! Our goal is to build and sustain valuable social capital for the communities in our care. We do this through meticulous maintenance, exceptional responsiveness, community programming, stewardship opportunities, strategic partnerships and forward-thinking communication. You see, no matter where you live or how much money you make, you deserve to live in a place that feels like home. CCMC is making this happen.
Spring 2013
21
C o n g r at u l at i o n s Corner & 2013 committee chairs
AMS Designations Rossmar & Graham Management Company Mr. David Jones, AMS DC Ranch Association Ms. Sandra Breiling, AMS
CMCA Designations Capital Consultants Management Company Ms. Kathleen Clark, CMCA Capital Consultants Management Company Mr. Donald Cole, CMCA Capital Consultants Management Corporation Mr. Brett Wiklund, CMCA Vision Community Management Mr. Nicholas Sewald, CMCA Vision Community Management Ms. Jennifer Horvath, CMCA Vision Community Management Mrs. Sara Hogue, CMCA
2013 Committee Chairs EDUCATION Mark Holmgren, Esq. Carpenter, Hazlewood, Delgado & Bolen, PLC (480) 427-2845 mark.holmgren@carpenterhazlewood.com
Legislative Action Scott Carpenter, Esq., CCAL Carpenter Hazlewood Delgado & Bolen, PLC (480) 427-2800 scott@carpenterhazlewood.com
Kristine Nau CCMC (480) 726-8080 knau@ccmcnet.com
Angela Potts, Esq. Potts Law Offices (480) 499-5301 apotts@pottslawoffices.com
Membership Linda Van Gelder Alpha Community Management (623) 825-7777 linda@alphacommunitymanagement.com
Magazine Jessica Maceyko, Esq. Ekmark & Ekmark, LLC (480) 922-9292 jmaceyko@ekmarklaw.com
Toni Rudolph US Bank (602) 257-5355 toni.rudolph@usbank.com
Vanessa Dreyer, PCAM CCMC (623) 215-8646 vdreyer@ccmcnet.com
PCAM Mark Wade, CMCA, AMS, LSM, PCAM Leisure World Community Association (480) 206-8577 mwade@leisureworldarizona.com
Programs Manny San Miguel Mutual of Omaha Bank/Condocerts (602) 690-2136 manny.sanmiguel@mutualofomahabank. com
Jim Welch, CMCA, AMS, PCAM Mountain Park Ranch Homeowners Association (480) 704-5000 jim@mtparkranch.org
Lorene Gilbert Clean Cut Landscape Management (602) 326-3903 lgilbert@cleancutlm.com
Public Relations Brandi Reynolds Law Offices of John Chaix (602) 561-1094 brandi_ann_reynolds@yahoo.com
22
www.caicommunityresource.com
CE NTR A L A R I ZO NA CHA P TE R
Cost Certainty for an
Uncertain Market
● Collections ● General Counsel ● Defense Litigation ● Covenant Enforcement Services ● For More Information www.travislawaz.com
10201 S. 51st Street ● Suite 270-275 ● Phoenix, AZ ● 85044
480.219.3633
CBI Makes Your Life Easier! Whether you’re a Property Manager, HOA Board, or Building Owner, CBI understands the challenges you experience when it comes to property maintenance, construction projects, and repairs to your properties. CBI is your team of experts guiding you through any aspect of construction/ building repairs and maintenance including: forensic inspection services, construction management, and maintenance inspections.
www.cbi4u.com
855 EXPRT4U (397-7848) Spring 2013
23
GET THE RESULTS YOU NEED The nation’s
in community association collection services
C a l e n d a r o f Ev e n t s
2013 CAI CAC Event Calendar
APRIL 12th
CAI - Central Arizona Chapter Tradeshow Presented by – AV Builder Corp Location – Rawhide in Chandler
17-20th
CAI – Annual Conference & Exposition Hilton San Diego Bayfront San Diego, CA
MAY 2nd
New Member Breakfast Club Meeting Sponsored by – Burdman & Shore Location – Burdman & Shore Offices
8th
PCAM Roundtable Discussion
10th
Spring Night Golf Mixer Continental Golf Course, Scottsdale
30-31st
PMDP Course M-340 Tempe, AZ Westbrook Village Association Peoria, AZ
JUNE 11th
CAI – Central Arizona Educational Lunch 2013 Legislative Update
21st
CAI – Casino Night Tempe Center of the Arts Tempe, AZ
JULY 11th
New Member Happy Hour Meeting
18-19th
PMDP M-205 Tempe, AZ
AUGUST
DARK
For more information, visit the chapter website at www.cai-az.org or call the office at 602-388-1159. Items in red are CAI National events. 24
www.caicommunityresource.com
Arizona | California | Florida | Nevada | Texas | Utah | Washington 480 882 0790
rrfs.com
Spring 2013
25
26
www.caicommunityresource.com