Quorum July 2018

Washington Metropolitan Chapter Community Associations Institute

JULY 2018

A Magazine for Community Association Volunteer Leaders, Professional Managers and Business Partners

LEGISLATIVE UPDATE

ALSO IN THIS ISSUE

____________________________ Obtaining Outside Funding for Projects ____________________________ Learning from Failed Legislation ____________________________ Advocacy Summit Overview

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JULY 2018

­CONTENTS 12 Obtaining Outside Funding for Projects

BY JACK MCNAMEE

14 Managing Licensing – A Continuing Debate

BY JEREMY TUCKER, ESQ.

16 Getting Involved with Your Politicians

BY TOM BURRELL

18 District of Columbia Legislative Update

BY SCOTT R. BURKA, CMCA, AMS, PCAM AND JANE ROGERS, ESQ.

20 Maryland Legislative Update – New Laws Help Condos and HOAs

DEPARTMENTS AND MORE 5 Message from the President 6 Chapter Benefactor: Brothers Paving & Concrete Corporation 7 Welcome New Members 8 Upcoming Events 11 People & Places 28 2018 Legal Resource Directory 36 Classifieds 37 Index to Advertisers

WMCCAI MISSION STATE­MENT To optimize the operations of Community Associations and foster value for our business partners.

BY THOMAS C. SCHILD, ESQ., CCAL

22 Virginia General Assembly Report: Common Interest Community Legislation

BY RONDA DESPLINTER, PCAM, LSM AND LUCIA ANNA (PIA) TRIGIANI, ESQ.

26 Learning from Failed Legislation

BY TIAGO D. BEZERRA, ESQ. AND WILLIAM A. MARR, JR., ESQ.

34 Advocacy Summit Overview

BY URSULA K. BURGESS, ESQ.

Reader comments and suggestions are welcome. Address your comments to: Quorum 7600 Leesburg Pike, Suite 100 West Falls Church, VA 22043

We also wel­come ar­ti­cle sub­mis­sions from our ­members. For author guide­lines, call (703) 750-3644 or e-mail publications@caidc.org.

Articles may be edited for length and clarity.

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President Sarah Gerstein, CMCA, AMS, LSM, PCAM President-elect Rafael A. Martinez, CTP Vice President Airielle Hansford, CMCA, AMS, PCAM Secretary Michael Gartner, ESQ. Treasurer Kristen Melson, CMCA, AMS, PCAM Immediate Past President Bruce H. Easmunt, ESQ. Executive Director Jaime Barnhart, CMP (EX OFFICIO)

D IRECTOR S Gordon Boezer, Thomas Burrell, Bernie Guthrie, MBA, CMCA, AMS, PCAM, Anthony Humphries, Ruth Katz, ESQ., Ted Ross, Todd A. Sinkins, ESQ., Stephen Wright, CMCA, AMS, LSM, PCAM

CO U N C I L C HAI R S Communications Council Leslie Brown, ESQ. Education Council Jennifer Bennett, CMCA, AMS, PCAM Member Services Airielle Hansford, CMCA, AMS, PCAM

CO MM I T TE E C HAI R S Conference & Expo William Cornelius and Donna Aker, CMCA, AMS, PCAM D.C. Legislative/LAC Jane Rogers, ESQ. Education Kevin A. Kernan, ESQ. and James Santos, CMCA, AMS Golf Adrienne Zalenski and David Crone, CMCA, AMS Maryland Legislative Thomas Schild, ESQ., CCAL Public Outreach Elisabeth Kirk and Sara Ross, ESQ. Membership Joe Inzerillo and Noni Roan Quorum Editorial Susan L. Truskey, ESQ. and Christopher Carlson Chapter Events June Chulkov and Lauren Kolb Virginia Legislative Ronda DeSplinter, LSM, PCAM and William A. Marr Jr., ESQ.

QU O RUM Managing Editor Diane Sohn Contributing Editor Morgan Wright, mwright@caidc.org Design Six Half Dozen

QU O RUM E DI TORI AL CO M M IT TE E

U N D E R S TA N D I N G A N D S U P P O R T I N G L O C A L L E G I S L AT I O N Every July, we devote an entire issue of Quorum magazine to Legislative Updates. I’ve often found that discussions surrounding politics are either incited with rage and emotion or else eyes glaze over in boredom. Admittedly, I lean more on the eyes glazing over side of things, but when it comes to legislation involving community associations, the information provided in this publication should make you sit up and listen (in this case, read… you get my drift).

FROM THE PRESIDENT

O FFICE R S

Every year, I sit through several information sessions discussing what types of bills were introduced and what our lobbyists are facing down in Richmond, since I manage in the Commonwealth. It’s always fascinating to hear the background stories about how particular bills came about. Sometimes it’s a legislator’s brother who had a bad experience with their HOA, or maybe one of their constituents keeps calling and calling and, as they say, the squeaky wheel gets the grease. Maybe another lobbying group sought for a change to how HOA’s respond to an inquiry as related to their industry.

However these bills come to be, it’s imperative to consider all sides of their impact and the qualified professionals in the community association industry spend countless hours reviewing, analyzing, lobbying, and educating legislators on the effects these laws may have on their constituents living in community associations.

Co-chairs Susan L. Truskey, ESQ. and Christopher Carlson Members Beverly Alston, James Anderson, Noel Arevalo, CMCA, Sarah Auringer, Mira Brown, CMCA, AMS, Leslie Brown, Chris Carlson, PE, Deborah Carter, CMCA, AMS, PCAM, Sara Castle, Crystal Coats, CMCA, AMS, Kenny Cohn, Cheryl Crawford, Christopher Dibble, CMCA, AMS, PCAM, Bruce Easmunt, ESQ., Sarah El-Taher, Matt Gallagher, Michael Gartner, ESQ., Amy Gaynor, Sarah Gerstein, CMCA, AMS, PCAM, Rippy Gill, CMCA, AMS, Laura Goguet, CMCA, AMS, John Goins, Stephen Grant, Scott Greges, CMCA, AMS, Timothy Hipp, Mary Horner, Chase Hudson, Peter Hughes, Iman Jackson, CMCA, AMS, Shannon Junior, Ruth Katz, ESQ., Leisa Keys, Richard Kuziomko, CMCA, AMS, PCAM, Crishana Loritsch, CMCA, AMS, PCAM, Liliana Martinez, CMCA, AMS, Laura McVey, Thomas Mugavero, ESQ., Crystal Partin, CMCA, AMS, PCAM, Joycelyn Peoples, AMS, Kara Permisohn, Nicki Phenneger, Christine Rudert, Brandi Ruff, CMCA, AMS, PCAM, Lauri Ryder, CIC, CRM, CMCA, Scott Silverman, Mark Smith, Chelsie Throckmorton, Olga Tseliak, John Tsikerdanos, Ron Unger, CIC, Kim Veirs, Lee Ann Weir, CMCA, AMS, Doug White, Samuel Wiest, Lakisha Williams, Aimee Winegar, CMCA, AMS, LSM, PCAM, Jim Wisniewski, Kelly Young, Michael Zupan, ESQ. Washington Metropolitan Chapter Community Associations Institute, a 501(c)(6) organization, serves the educational, business and networking needs of the community association industry in 80 cities/counties in Maryland, Virginia and the District of Columbia. Members include community association homeowner volunteer leaders, professional managers, association management companies, and other businesses and professionals who provide products and services to planned communities, cooperatives and condominiums. WMCCAI has more than 3,000 members including 300+ businesses, 1,100 professional managers from 85 management companies, and approximately 1,500 community association homeowners. WMCCAI is the largest of Community Associations Institute’s 62 chapters worldwide.

Quorum is the award-winning premiere publication of WMCCAI, dedicated to providing WMCCAI’s membership with information on community association issues.

Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all presented facts in articles. WMCCAI does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. This publication is issued with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services and nothing published in Quorum is intended to constitute legal or other professional advice and should not be relied on as such. If legal advice or other expert assistance is required, the services of a competent professional should be sought directly by the person requiring such advice or services.

Articles appearing in Quorum may not be reprinted without first obtaining written approval from the editor of Quorum. In the event that such permission is granted, the following legend must be added to the reprint: Reprinted with permission from Quorum™ magazine. Copyright 2017 Washington Metropolitan Chapter Community Associations Institute. Quorum is a trademark of WMCCAI. Receipt of Quorum is a privilege of WMCCAI membership for which $65 in nonrefundable annual dues is allocated. The subscription price for nonmembers is $75 per year; contact publications@caidc.org or call (703) 750-3644.

To advertise in Quorum, e-mail publications@caidc.org.

For more information about Quorum or WMCCAI, visit www.caidc.org.

While our industry embraces much of the legislation that assists in the smooth operation of communities and the licensing of managers, some of the proposed legislation can hinder the operation of a community association and we sometimes find these bills demonstrate a lack of understanding of the purpose of the association, which is to maintain all common areas and govern the community and seeks to protect property values.

The information provided in the pages that follow outlines some of the prominent bills in each of the 3 localities in our area. I invite you to review the information and if you have questions, reach out to the author or attend an upcoming meeting of your area’s Legislative Committee or Legislative Action Committee. The committee members are extremely passionate and welcome the opportunity to educate interested parties. If you have the ability, consider supporting the efforts of your local LAC to ensure they have adequate funding to participate in and advocate on behalf of community associations. Detailed information on all the advocacy services CAI has to offer can be found on their website at caionline.org/advocacy.

SARAH GERSTEIN,

CMCA, AMS, LSM, PCAM

Sarah is the General Manager of Broadlands Association Inc., a 3,800 unit homeowners association in Loudoun County, Virginia. She has been engaged in the management of community associations as a portfolio manager for some of the area’s top management companies since 2000 first as a portfolio manager before transitioning to large scale on site management in 2012. Sarah has been active in the chapter since 2004 and served on various committees during that time. She has authored articles in Quorum and presented at both local and national CAI education seminars. She was elected to serve on the Board of Directors in 2011, having served as Secretary, Treasurer, Vice President, and President-Elect. Sarah was named to Loudoun County’s Class of 2015 Top 40 Under 40 Business and Community Leaders and was a top 3 finalist in the National Manager of the Year Contest in 2018.

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CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Brothers Paving & Concrete Corporation Celebrating more than 30 years of service to the Washington Metro area, Brothers Paving & Concrete Corporation continues to provide expert asphalt paving and concrete installation and rehabilitation solutions and services. Our earned and successful reputation through the years has been built upon attention to detail and customer satisfaction.

Brothers’ mission is to provide our customers with unsurpassed Integrity, Excellence, and Partnership. Our experience has taught us that with each project having its own unique and specific needs and requirements, sharpened attention to those details can mean the difference between a satisfactory job and an excellent one.

With our highly skilled staff of trained and certified employees, as well as, a well-maintained fleet of the latest paving and concrete equipment, Brothers have the proven expertise to perform small or large projects with results that have supported our years of Integrity. The excellence services we provide reinforces our superior customer service as it relates to developing a strong partnership to the top residential and commercial property managers, builders, developers, government agencies and owner’s agents throughout the region.

Our range of services include: • Asphalt Overlay • Asphalt Repair • Asphalt Surface Milling/Edge Milling • Asphalt Sealcoating • Cracksealing • Asphalt Rejuvenator • Parking Lot Striping • Concrete Construction • Concrete Repairs • Dumpster Pads • ADA Requirements • Concrete Sealer • Pervious Concrete • Concrete Parking Garage Repair Understanding our customers’ needs combined with our history of delivering superb service has resulted in a trust and comfort level you can count on at Brothers Paving & Concrete Corporation.

Article Submissions:

Are you interested in sharing your experiences and expertise with our readers? Quorum magazine is always seeking new article ideas, submissions, and content. If you have an idea or would like to submit an article for consideration, please make sure you contact us before you begin writing to see what our upcoming themes are. Questions and interests should be directed to Morgan Wright at publications@caidc.org or by phone at 703.750.3644.

Advertising:

For advertising, availability, rates, and specifications, please contact Morgan Wright at publications@caidc.org. Targeted advertising in WMCCAI’s Quorum, opens the door to thousands of prospective customers and contacts in the community association industry.

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CHAPTER NEWS

Welcome New Members WMCCAI proudly welcomes the following members who joined the chapter in May 2018.

Community Association Volunteer Leaders from the Following Associations Shuter’s Hill Owners Association South Riding Proprietary, Inc. The DeSoto The Fountains Condominium The Isabella at Monticello Mews The Metropolitan Condominiums The Park at Courthouse - A Condominium Williamsburg Square Community Council Corporation Windsor Plaza Condominium Individual Managers Crystal D. Castillo, Leisure World of Maryland Corporation Patricia A. Ball, Chase Point Condominium Justin Brown, Potomac Valley Management Company, LLC Jennifer Brugman Ashley Clayborne, Potomac Valley Management Company, LLC Holly Gibson, Battery Heights Unit Owners Association Kia J. Hill Jose A. Lizama, Associa-Community Management Corporation, AAMC Michelle L. Pearre Tiffany Sirbert, Potomac Valley Management Company, LLC Shahinda Suliman, Woodbury Heights Condominium Daisy P. Zambrano-Angelino Business Partners J. Anukem & Associates LLC Reeder Insurance and Financial Services Management Company T&A Covenant Solutions

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UPCOMING EVENTS

AUGUST 2

Manager Luncheon: Effective Leadership and the 4 D’s 12 – 3 p.m.

2941 Restaurant 2941 Fairview Park Dr. Falls Church, VA 22042

Management and leadership go hand-in-hand, but do you know how to utilize the key strengths of each to be an effective manager? Join George Gardner AMS, PCAM of Montebello Condominium and Crishana Loritsch CMAC, AMS, PCA of Town Square Towers Condominium as they explore the nuances of managing through leadership. Find out how using the 4 D’s can help you succeed. Lunch will be served. Visit www.caidc.org to register.

AUGUST 12

United by Team, Driven by Passion—D.C. United vs. Orlando City 6 p.m.

Audi Field 2400 East Capitol St. SE Washington, DC 20003

Goal! It’s the year of the World Cup and WMCCAI is joining the hype with a D.C. United soccer game on August 12. Join managers and business partners for this action-packed networking opportunity in Northeast D.C. at the NEW Audi Field. Visit www.caidc.org to register.

AUGUST 18

D.C. Homeowner Education & Legislative Update 9 a.m. – 1 p.m.

RISE Demonstration Center 2730 Martin Luther King Jr Ave. SE Washington, DC 20032

This workshop will focus on governance and volunteerism, modules 1 and 2, from the Board Leadership Development Workshop. Experienced managers and attorneys from D.C. will provide training to teach you how to read and interpret your financial documents. The program will provide updates regarding recent legislative action in the city. This session is presented by Community Associations Institute’s DC Legislative Action Committee and CAI’s Washington Metropolitan Chapter. Visit www.caidc.org to register.

OCTOBER 19

SAVE THE DATE: 2018 Golf Classic

Visit www.caidc.org to register. Sponsorship opportunities available.

8:30 a.m. - 6 p.m.

Westfields Golf Club 13940 Balmoral Greens Ave. Clifton, VA 20124

For more information on WMCCAI meetings or upcoming events, contact the chapter office at (703) 750-3644, email info@caidc.org or visit www.caidc.org.

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PEOPLE & PLACES

In Memory of Stuart T. Eisen

SOLitude Donates 10,000 Volunteering Hours to Local Communities

Stuart T. Eisen CFP®, AWM of RBC Wealth Management passed away peacefully on May 28, 2018, after a year-long battle with cancer. A great supporter of WMCCAI, Stuart touched many people’s lives with his constant smile and his unwavering support of his friends and colleagues. Stuart will be remembered fondly.

SOLitude Lake Management is excited and honored to announce recent milestones achieved through the company’s dedicated community outreach program, The SOLution.

This past month, SOLitude’s team surpassed 10,000 volunteering hours in our local communities since the program’s inception in 2012.

Before his passing, Stuart made a request to WMCCAI’s Executive Director; directly from Stuart, the request was “…..would it be possible to tell people about the Bone Marrow Registry?? All it takes is a call, and they will send a kit that the person can either swab their mouth or spit in a vial.

Who knows they could be helping a friend, a family member or someone they do not even know!”. To learn more about the Bone Marrow Registry and to add your name to the list, visit www.giftoflife.org.

Burgess Elected President-Elect of CAI

Rees Broome Elects Machado and Fox as Shareholders

Rees Broome is pleased to announce that Ursula K. Burgess a principal in RB’s community association law group has been elected President-elect of the Community Association’s Institute effective January 1, 2019.

Rees Broome is excited to announce that Kathleen N. Machado and Erik W. Fox in the community association law group were elected to the position of Shareholder in the firm, effective May 8, 2018.

C A L L

F O R

P R E S E N T AT I O N S

Call for Presentations opens July 10, 2018. We need experts to be a part of our 2019 education initiatives, giving our members the knowledge and skills they need to be better managers, board members, and industry professionals! Call for Presentations will be posted on www.caidc.org. All presentations must be submitted through that process by August 21, 2018. For more information and if you have a question, contact Christine Domin, Education Manager, at cdomin@caidc.org.

Reasons to Submit: • Share your skills, experiences, and vision with leaders • Increase your visibility; gain recognition and distinction within the community association industry • Participate in a unique forum that brings community association professionals, service providers, and homeowners together • Play a part in improving community association living and promote the professionalism of those serving community associations Topics of Interest for 2019 Include: Finance and Budget; Legal issues; and Leadership skills

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The first question is where do you start?

By Jack McNamee Jack is a resident of River Creek since 2002. He served in the US Navy for twenty-five years culminating his career as Program Manager for Attack Submarines responsible for submarine construction and maintenance. Later, after retirement from the Navy, he started a second career focusing on project management and advanced engineering technologies ending his work career working for the FAA. He is a professional engineer (PE) and certified project manager professional (PMP).

OBTAINING

Outside Funding FOR PROJECTS

D

uring the last year, our community at River Creek in Leesburg has won grants and matching funds for projects. Here are some tips if you are considering applying for grants and matching funds.

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In an HOA, the staff is usually too busy to search out and follow up on possible grants, but if a framework is developed and an understanding of the given goal for the grant is understood, it can be rewarding to apply for and, more important, win a grant or special funding.

The key to this effort by our community has been a team approach. The team consisted of community committee members, the board of directors and the HOA staff. In each case, the applicant in our community, myself, had no background in applying for a grant, but when I questioned others in our community, they had helpful input. “Check out this, Check out that� led to other ideas, applications and then grants and matching funds.

How did this process come about? There were three keys- Delegation, Follow-up, and Support

Delegation A significant element of pursuing grants for our community is to use untapped resources, i.e., non- HOA staff. Most communities have a wealth of individuals with skills, many of whom are retired. The HOA staff have to focus on running the day-to-day operations and do not have the time to do the leg-work to obtain grants. But volunteers who have a vested interest in a given proj-

ect, if given the latitude to contact outside agencies, can be a real asset. These individuals can pursue options using their contacts in the outside community.

In our case, several members of our park committee realized that there was no real budget for key park projects and decided to see if outside funding was available. We contacted the county and pursued several ideas. We also contacted other HOAs and talked to their management and volunteers. We visited some of their successful projects. In our case, we focused on erosion issues and natural plantings. After pursuing several funding sources that ultimately did not match our requirements, we focused on some combined state and county initiatives. We found the statewide Virginia Conservation Assistance Program (VCAP) and the Loudoun Soil and Water Conservation District who created an urban cost-share program that provides financial incentives and technical assistance to county homeowners, business owners, and HOAs. Their goal is to create more watershed-friendly landscapes. Similar programs exist in other Virginia counties. Our community also applied for the Chesapeake Bay License fund which uses funds from vanity license plates for special projects. This grant is much more competitive.

Follow-up In all cases, we believe follow-up is the key when it comes to the applications. For most cases, just going online for information is not enough! Our pursuit consisted of face-to-face meetings with the key individuals or if they were not local, telephone conversations to see if we would qualify. It also helps to contact local elected officials who are interested in their constituents. We also asked for examples of previous awards and used these awards as a guideline. We found the individuals who handle the grants are most helpful, actually assisting us in our application.

Support During the process, it is important to understand deadlines. Here the HOA staff are helpful! It is better to draft and submit early because of the approval process—meeting legal requirements and obtaining approval from the board of directors can take time. In our case, both the HOA staff and board of directors aided with encouragement and support.

We won two VCAP matching funds and a grant from the Chesapeake Bay Restoration Fund in 2017 for projects. We plan to submit applications for state and federal funding for additional more complex projects in the future. We recognize that they are longshots, but you can’t win if you don’t apply!

Don’t be afraid to lose!! Just keep looking.

Although the examples are from Virginia, the same process applies in Maryland, D.C. and other jurisdictions. You can search for options on the Internet including the site grants.gov (www.grants.gov/ web/grants/search-grants.html).

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By Jeremy Tucker, ESQ. Jeremy is a community association lawyer and a shareholder with Lerch, Early & Brewer, Chartered. He represents community associations and condominiums in a wide range of matters, including general counsel and litigation. Jeremy served as the WMCCAI Board President in 2016, chaired the Maryland Legislative Committee and served as vice chair of CAI’s Maryland Legislative Action Committee. He received WMCCAI’s Rising Star and President’s awards in 2010, and the Maryland Public Advocate of the Year award in 2008 and 2010 for his work on the Maryland Legislative Committee.

MANAGER LICENSING –

A Continuing Debate

F

or years now, the Maryland General Assembly has considered many attempts at regulating the community association management industry, generally focusing on licensing. The just completed 2018 Maryland General Assembly session was no different. HB1158 was introduced in an attempt to create a broad state-level regulation of the community association management industry.

The proposed bill would have created a nine-member State Board of Common Ownership Community Managers to administer and oversee the licensing of community association managers. To obtain a license, the community association manager would have had to (1) complete a training program approved by the board; (2) pass an examination approved by the Board that includes testing of knowledge of state laws and regulations concerning common ownership communities; (3) be actively engaged in providing management services for at least five years as a licensed community association manager before applying for a license; (4) hold an active professional designation as approved by 16 members of the board; and (5) pay the licensing fee, of course. This bill did not make it out of committee and is NOT law in Maryland.

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The continued effort in Maryland to regulate community association managers raises strong emotions from all sides of the debate.

There are those from a libertarian-esque view who feel that these efforts are just another example of Maryland’s legislative desire to regulate industries and individuals and to collect those licensing fees. Of course, on the other end of the spectrum is the feeling that community association managers are professionals, are entrusted with potentially millions of dollars of other people’s money and property, and there thus needs to be governmentally-imposed standards and governance to protect the residents of the community associations from the few bad apples. Having followed manager licensing debate in Maryland for a number of years, I wanted to see how Maryland’s efforts aligned with CAI’s policy and other states.

According to CAI National’s website, CAI’s policy related to manager licensing is as follows:

“CAI encourages the national certification of community association managers.

In states that propose mandatory regulation of community association managers, CAI will support a regulatory system that incorporates adequate protections for homeowners, mandatory education and testing on fundamental management knowledge, standards of conduct and appropriate insurance requirements. CAI opposes the licensing of community association managers as real estate brokers, agents or property managers.”

Accordingly, all CAI chapters, including WMCCAI, are supposed to follow this policy guidance when addressing proposed legislation to regulate the community association management industry, potentially limiting the various CAI Legislative Action Committees from opposing manager licensing bills.

Though HB1158 did not pass, at least nine states have adopted some form of community association manager licensing, including Alaska, Connecticut, Virginia and Colorado. The following information was provided by CAI. In Alaska, a person may not collect fees

for community association management or practice or negotiate a contract to practice community association management unless licensed as a real estate broker, associate real estate broker, or real estate salesperson in Alaska. Applicants for licensure as a real estate or associate real estate broker must complete 15 hours of Real Estate Commission-approved courses prior to application. Applicants for licensure as a salesperson must complete 40 hours of Commission-approved courses prior to application and must have a real estate license within the past 36 months in order to qualify for licensure as a real estate or associate real estate broker.

that hold an active Accredited Association Management Company (AAMC) designation by CAI qualify for certification by the Common Interest Community Board. Firms that do not hold an AAMC designation must designate at least one of four qualifying requirements, including, successful completion of a board-approved introductory training program (CAI’s M-100 course) and at least five years of qualifying experience; or knowledge obtained through documented coursework (equivalent to a board-approved comprehensive training program) submitted to the Board AND at least ten years of qualifying experience.

In Connecticut, any person who provides management services is required to register with the State Department of Consumer Protection and submit to a state and national criminal background, complete a nationally-recognized course on community association management and pass the Community Association Managers International Certification Board Certified Manager of Community Associations (CMCA) examination.

Colorado, it seems, is taking a step away from regulating community association managers. In April 2018, the Colorado Senate Finance Committee voted to allow the Community Association Manager Licensure in the state to expire in July 2019. Until then, community association management must be licensed in order to manage a common interest community. To obtain the license, the manager must 1) have a CMCA, AMS or PCAM designation or complete a 24-hour course; 2) pass an examination; 3) submit to fingerprinting.

In the Commonwealth of Virginia, any common interest community manager engaged in community management services must be licensed to do so in the state. A common interest community manager is defined as a person or business entity who, for compensation or valuable consideration, performs certain management services. In addition to the managers, Virginia requires the management firm to be certified by the Commonwealth Common Interest Community Board. Specifically, management firms

It appears that approaches in state legislatures to address manager licensing are as varied as arguments for and against. Regardless of anyone’s particular viewpoint on licensing, what is clear, to at least this author, is that there is increasing recognition of the importance community association managers. Whether this recognition needs to be evidenced through statutory regulation is a debate that will continue.

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By Tom Burrell Tom has been a management consultant for the past 24 years after retiring from the U.S. Army. He has served for the past eight years as the president of the Barrister’s Keepe Homeowners Association. Previously, he served as a member of his homeowner association’s board of trustees for 13 years and served as chairman of the Planning, Environment, Land-Use and Transportation Committee for 16 years. As the PELT Committee chairman, he was responsible for planning and executing monthly meetings and serving as the organization’s primary liaison with county staff, the development community, the Planning Commission and the Board of County Supervisors. Tom serves on the WMCCAI Board of Directors.

GETTING INVOLVED WITH YOUR

POLITICIANS

H

ey there, Mr. or Ms. Board Member! Are you in tune with what the Chapter’s Legislative Committees do for us? How often do you talk with your state delegate and/or senator? Do your state representatives know you sit on a homeowners or condominium association board? Do you know how you can track legislation as it makes its way through the Maryland, D.C., or Virginia legislatures each year?

Lots of questions, I know. And you’re probably asking why. I must admit I could only answer a couple of those a few years back.

And I didn’t see the need to be able to answer all of them. We trust our elected officials to know what’s going on at the local and state levels—right? After all, they have been doorto-door speaking with constituents, finding out what the issues are, and campaigning on promises to fix the wrongs that befall us!

But, is it realistic to expect that our elected officials have a firm handle on what goes on inside the workings of our homeowners and condominium associations? I don’t think so, and I don’t fault our elected officials. Of course, I used to because that was the easy way—blame the politicians. But, if we, as volunteer leaders, don’t get involved ourselves, with the staff expertise, subject-mat1

ter knowledge experts, and other resources we have in the Chapter, we can’t just blame the politicians. I think, in a way, we are responsible too.

So, I ask again, can we really expect our elected officials to know the inner workings of each association? With all the bills that are introduced each year, the majority of which have nothing to do with HOAs or COAs, do we really believe that each and every legislator understands the implications of bad legislation aimed at common interest communities? This year alone, in the Virginia legislature, there were 3,722 pieces of legislation introduced1. For the short time the legislature is in session (only 30 days in odd-numbered years and 60 days in even-numbered years), that’s a lot to digest!

So, what do we do if we get wind of a piece of legislation that could have a detrimental impact on how HOAs and COAs do business?

It’s incumbent upon us, as board members, to know the facts and communicate with our representatives.

I had the opportunity during this past Virginia legislative session to learn about and view how the process works and how we, as board members, can play a very important role. There was a bill introduced that proposed to take away a community association’s authority to regulate home-based businesses unless they are expressly prohibited in the recorded documents. I was invited to go to Richmond, along with two other board members from other communities, to speak to the Senate committee that was acting on the bill. I had support from our Chapter’s Virginia Legislative Committee and Chapter staff who work on our behalf all throughout the entire legislative session. As an aside, I found it fascinating, while standing in the back of the committee room waiting for the committee hearing to start, to see and hear senators come in who were being briefed by their staff members on the nature of the bills they would hear about and voting on. That just highlights the fact I stated earlier that when you have to deal with 3,000+ pieces of legislation in one short legislative session, it’s hard for even the most astute and well-minded politicians to know everything about each bill. Back to this particular bill as a result of the groundwork that was done beforehand by the experts in our Chapter

Virginia General Assembly - Legislative Information System (http://leg1.state.va.us/cgi-bin/legp504.exe?181+oth+STA)

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and what I believed to be the positive cumulative impact on the committee members that came from hearing from volunteer board members, the bill did not make it through committee. Now, will it come back next year? Perhaps. That’s why it’s incumbent upon us, as volunteer leaders, to keep a watchful eye on bills introduced and, if necessary, work with our Chapter’s legislative committees to have a positive impact on our legislators.

Here’s a tremendous resource: http://www.caidc.org/about/legislative-committees/. On this site you’ll learn what the legislative committees do and get links to other key resources. I have found that our entire Chapter staff is knowledgeable of the issues and, if they don’t have the answer, they know where to point you to find it.

Let me leave you with one final thought—a recommendation since not everyone has the opportunity or inclination to go speak before a state-level committee. Invite your state and local officials to a board meeting, maybe your annual meeting. Politicians love nothing more than a chance to “press-the-flesh.” Use it as an opportunity to educate them on how your HOA or COA works and what is involved with being volunteer leaders. Remember—your constituents are their constituents.

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By Scott R. Burka, CMCA, AMS, PCAM

By Jane Rogers, ESQ.

Scott is president of Delbe Management. He currently serves on the DC LAC and has been active in association management and CAI for more than 20 years.

Jane is a partner at Whiteford, Taylor & Preston, LLP, focusing her practice on representing condominium and homeowners associations throughout D.C., Maryland, and Virginia, and dealing with the full range of issue confronting community associations. Jane chairs the D.C. Legislative Action Committee of Community Associations Institute.

DISTRICT OF COLUMBIA

Legislative Update

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he DC legislative Action Committee (DCLAC) has had a busy year as renewed interest in consumer protection, green engagement and safety have been top priorities for the D.C. Council. As a result, the DCLAC has been following a number of bills and proposed legislation over the last 12 months.

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Here’s what you need to know:

Consumer Bill of Rights—Bill B210443 Passed back in December 2016 this bill was designed to further protect association homeowners in relation to delinquencies

and foreclosures under the six-month priority lien provisions of the D.C. Condominium Act, D.C. Code Section 42-1903.13.

Among other things, the bill called for revised verbiage in lien and foreclosure notices, the establishment by the District of a Condominium Association Advisory Council comprised of 14 members including

Solar Devices—Bill 22-229

professionals from the industry and existing common association owners as well as government officials. This Advisory Council has not been established. Condominium Act foreclosures utilizing the amended notice provisions have been proceeding without delay. It remains to be seen if further amendments to the Act will be necessary to address recent decisions of the D.C. Court of Appeals related to priority lien foreclosures.

Pool Without Penalties Act—Bill B22-511 In March the Council established revised rules pertaining to pool safety at D.C. buildings. Initially, the requirements under this bill included the following a requirement that most pools have a lifeguard on duty during all hours of operation. Emergency and temporary legislation to grandfather in most existing pools has cleared the Council, but both the permanent legislation to change these requirements is not in effect as of the date of this writing. Please note that the federal Virginia Graeme Baker pool drain law is still in effect. (https://en.wikipedia.org/wiki/Virginia_Graeme_Baker_Pool_and_ Spa_Safety_Act)

When first drafted and reviewed by the DCLAC, there were only minor comments provided pertaining to the definition of various types of community associations with concern centered more on the Council’s understanding of different types of community associations (coop, condo, HOA, limited equity coop). Subsequently, later in the legislative process, the wording of the bill was initially altered to allow for owners to install solar devices on their own property regardless of the form of community association involved. The LAC lobbied hard to bring the shortcomings of this language to the attention of the Council and subsequently got a re-write. However the language approved at the final reading on May 1, 2018, still allows a member of an HOA , condominium or cooperative to install a solar device on the roof, provided that roof covers only one owner’s or member’s property or residential unit. Even though the legislation provides that the person installing the device will be financially responsible for all maintenance and costs associated with the installation, there are still many unanswered questions such as continuing responsibility for repairs, roof replacement, electrical and other issues, and CAI members have been encouraged to contact their council members to make them aware of these issues.

The DCLAC is still developing draft legislation to establish a Homeowners Association code in the District of Columbia and continues discussions with Council staff regarding changes needed to address shortcomings in the warranty bond claims process for condominium associations.

Manager Licensing—Bill 22-0396 Council member Anita Bonds introduced legislation proposing formalized licensing requirements for community association managers. Based largely on input from the D.C. Real Estate Commission, which administers licensing of property managers, real estate brokers, and real estate agents, the initial legislation did not acknowledge the unique qualifications necessary to be a community association manager. At a hearing held on November 7, 2017, the Council hears overwhelming testimony against the bill and the bill was subsequently pulled from active consideration until it could be further refined. The LAC and other stakeholders held meetings with staff members of several council members in an effort to find a middle ground that would protect consumer interests, not create an economic hardship for management companies and address the real estate commission’s desire for licensing and protection from improper management. The LAC has advanced creative ideas for addressing the underlying need for consumer protection by offering to fund and staff a resource center, provide certain mediation services through CAI, and suggested the establishment of a self-certification program. However, CAI remains opposed to any licensing requirements that fail to recognize unique programs such as CAI’s existing coursework and designations. Discussions regarding this pending legislation are ongoing, and some form of the proposed legislation is likely to clear the Council this year.

JULY 2017

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By Thomas C. Schild, ESQ., CCAL Thomas is an attorney with Thomas Schild Law Group, LLC in Rockville, Maryland. He is chair of the WMCCAI Maryland Legislative Committee and a member and past-chair of the MD-LAC, as well as a fellow in CAI’s College of Community Association Lawyers (CCAL) and a member of CAI’s PMDP National Faculty.

MARYLAND

Legislative Update

– NEW LAWS HELP CONDOS AND HOAS

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he Maryland General Assembly in 2018 considered many bills which directly affect Maryland condominiums, homeowner associations, and housing cooperatives. Several new laws actively supported by the CAI Maryland Legislative Action Committee (MD-LAC) were enacted.

Suspension of Parking and Amenities A bill initiated by the MD-LAC to make it easier for condominium associations to collect delinquent assessments by suspending use of the common area parking lots and recreational facilities was approved unanimously in the final days of the legislative session.

The new law allows approval by 60 percent of the total eligible votes to amend a condo declaration to provide for suspension of use of these portions of the condominium property when an owner is delinquent in paying the condo assessments for more than 60 days.

This is far less than the 80 percent minimum required by the Maryland Condominium Act for other declaration amendments, and some older condo documents require as much as 100 percent approval. The new amendment procedure will take effect October 1, 2018 (HB 575).

The legislation was in response to a 2017 Maryland appeals court ruling that a board of directors did not have the authority to 20 | QUORUM

adopt rules for suspending use of the common property. Instead, any such restriction must be in the condo declaration

Purchaser Protections Beginning October 1, 2018, condo developers will no longer be able to put provisions in condominium bylaws or sales contracts which shorten the time for condo associations and owners to file suit against the developer regarding construction defects. This applies to claims which allege failure to comply with implied, statutory warranties, building codes, government-approved plans, and specifications, or manufacturer’s installation instructions (HB 77/SB 258).

Separately, a new law will allow for an earlier turnover of developer control of a homeowners association by preventing developers from using a disproportionate weighting of votes for lots owned by the developer. Instead of getting multiple votes for each lot, the developer will have one vote for each lot which has been subdivided, recorded in the land records, and not yet sold to a member of the public. This new law takes effect July 1, 2018 (HB 669). Both of these bills were supported by the MD-LAC.

Discriminatory Covenants Where covenants restrict ownership based on race, religious belief, or national origin, the board of a homeowners association

must delete these unenforceable restrictions from common area deeds and declarations

by September 30, 2019. The board may delete these restrictions without action by the homeowners, as of October 1, 2018. The MD-LAC supported the final version of this legislation which included changes suggested by the MD-LAC regarding the authority and obligations of a board to take such action and eliminating provisions which would have created new fair housing liability for HOAs (SB 621).

Master Electric and Gas Meters The Maryland Public Service Commission (PSC) will no longer be able to authorize new gas or electric service for leased or owned multi-family residential properties unless there are individual meters or submeters, as of July 1, 2018. The PSC must also study the feasibility of transitioning master meters for gas or electric service to energy allocation systems or submeters in apartment buildings, condominiums and housing co-operatives and report its findings to the General Assembly by January 15, 2019 (HB 1491).

In Prince George’s County, beginning June 1, 2018, master meters for gas, electricity, or water will no longer be allowed in a residential multi-family occupancy building that is newly constructed or converted for condominium or co-operative ownership.

A property with an existing master meter system cannot be converted to condominium or cooperative ownership until individual meters have been installed for each individual dwelling unit and the common areas (HB 218).

Not This Year Many other bills concerning the management and governance of condos, HOAs and co-ops were considered but not enacted.

Several bills were introduced again this year to establish a state agency to regulate community association managers and require managers to obtain a license based on training and testing, but all died in committee without any action (HB 1158/SB 1208 and SB 65).

A bill initiated by the MD-LAC to revise the dispute settlement procedure for condos and to extend a similar dispute settlement procedure to HOAs was passed by the House but did not make it through the Senate Committee (HB 1097). And, bills concerning board conflicts of interests (SB 95) and HOA governance procedures (HB 1007/SB 883) were not acted on.

Legislation to restrict the authority of condos and HOAs to regulate electric vehicle recharging stations died in committee (HB 602). Other bills killed in committee would have required condo developers to provide the board with information about government bonds on common areas; required an earlier transition of the board to the homeowners, and required a developer to obtain a replacement reserve study and provide reserve funding (HB 564/SB 432 and HB 997). A bill to amend a 2017 law to reduce the vote required to amend condo and HOA governing documents was also not acted on (HB 413).

These bills can be obtained on the website of the Maryland General Assembly.

Chapter Legislative Committee In addition to the MD-LAC, which advocates for CAI at the state-level, the Washington Metro Chapter’s Maryland Legislative Committee monitors government activities and advocates for CAI members in Montgomery and Prince George’s County.

A new Montgomery County law to allow short-term rentals in all residential areas with a license issued by the County takes effect July 1, 2018. In response to suggestions from the Chapter Legislative Committee, the new law requires an applicant for a shortterm rental license to notify the condo, HOA or coop where the property is located; requires the owner to be current in payment of association assessments; and confirms that any association restrictions on leasing are not pre-empted by the County law.

In Prince George’s County, homeowners and community association managers were appointed to the recently-established Commission on Common Ownership Communities which works with the County Office of Community Relations in providing educational resources to association boards and owners.

The Chapter Maryland Legislative Committee serves as the conduit for sharing information and concerns with the members and staff of both the Montgomery County and Prince George’s County Commission on Common Ownership Communities.

To attend meetings of the Chapter Legislative Committee or contribute funds to support MD-LAC lobbying activity, please contact the Chapter Office.

JULY 2018

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By Ronda Desplinter, PCAM, LSM

By Lucia Anna (Pia) Trigiani, ESQ.

Ronda is co-chair of the Chapter’s Virginia Legislative Committee and an active member of the CAI-VA IAC. She plans and coordinates the annual legislative programs for the Conference and Expo and in cooperation with the Fairfax Office of Consumer Affairs. She served one term on the Virginia Common Interest Community Board from July 1, 2008, to June 30, 2011.

Pia is a partner with MercerTrigiani, a charter member of the College of Community Association Lawyers, and past president of the Washington Metropolitan Chapter of CAI. She remains active on legislative matters, coordinating the lobbying effort on behalf of the Virginia Legislative Action Committee. She has chaired the Virginia Common Interest Community Board since the board was established in 2008.

VIRGINIA

General Assembly Report –

COMMON INTEREST COMMUNITY LEGISLATION

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he 2018 Session of the Virginia General Assembly convened on January 10 and adjourned on March 10. The veto session was held on April 18. This long session did not produce the bi-annual budget, so the Governor called the General Assembly back for a special session on April 11 and again on May 14 and May 29 to complete work on the budget. The General Assembly ultimately acted to adopt the budget in May 2018.

Statewide elections in November 2017 resulted in the election of a new Governor and Lieutenant Governor, re-election of the Attorney General and election of 19 new members to the House of Delegates. The retirement of many veteran legislators brought about leadership changes in the House of Delegates – a new speaker and several new committee and subcommittee chairs – including those that consider common interest community legislation.

The General Assembly considered 3,722 bills and resolutions, 753 more than were considered in 2017. Of the bills considered, 1,833 bills passed the Senate and the House of Delegates and were forwarded to the Governor for signature; 206 bills were continued to the 2019 Session. A total of 1,683 bills failed. The Governor vetoed 20 bills; those vetoes were all sustained.

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More than 100 bills were introduced that could have an impact on common interest communities.

The Community Association Institute Virginia Legislative Action Committee (VA LAC) worked vigorously on 41 of those bills – monitoring, supporting, opposing. Of those 41 bills, 14 passed. The following report reviews legislation passed, all of which become effective on July 1, 2018. This report also offers a review of a number of legislative measures that failed—because several measures will be given further study in preparation for the 2019 session and because the failed legislation is instructive on future trends.

While this report is intended to offer a helpful, quick summary of legislation—careful consideration should be given to each bill and how that legislation applies. Complete copies of the text and history of legislation can be viewed at the General Assembly website: http://leg.1.state.va.us/.

Passed Legislation Resale Disclosure: For the third year in a row, legislation was introduced to treat self-managed property owners associa-

tions the same as managed communities in preparation and delivery of resale disclosure.

House Bill 1031 allows property owners associations that are not professionally managed to charge the same fees for preparation of association disclosure packets as professionally managed associations, provided that the association disclosure packet is made available electronically and fees charged for preparation of the association disclosure packet are collected at settlement.

The VA LAC worked with the Virginia Realtors on a second measure introduced to amend resale disclosure—affecting both condominium unit owners’ associations and property owners associations. House Bill 923 requires the Common Interest Community Board to revise the cover sheet that accompanies resale disclosure documents to refine current disclosures and add a number of new disclosures. That one-page coversheet must now accompany resale certificates as well as association disclosure packets. The bill was amended to ensure no additional burdens were imposed on associations or community managers.

Senate Bill 328 also requires the Common Interest Community Board to add disclosure about developer control to the cover sheet.

The form will be available on the Common Interest Community page of the website for

the Department of Professional and Occupational Regulation. The Board adopted the new form, after inviting public comment, at its June 7. 2018 meeting.

Developer Control: In addition to the added cover sheet disclosure, Senate Bill 328 requires developers of communities governed by property owners associations to register the property owners association with the Common Interest Community Board within 30 days of recordation of the declaration. Currently, registration is tied to the conclusion of developer control.

Association Books and Records: Senate Bill 722 provides that associations can no longer decline an owner request to provide an association book or record if information that would otherwise be exempt from review can be redacted. Entire documents may be withheld only if the book or record contains information that may be exempt from disclosure under the Condominium Act or Property Owners’ Association Act. Associations can recover the cost of reviewing and redacting documents from the requesting owner according to the adopted and published fee schedule.

Applicability of the Virginia Property Owners’ Association Act (POAA): House Bill 1533 amends the applicability provisions of the Property Owners’ Association Act, making the statute applicable to any development established prior to the former Subdivided Land Sales Act, (i) located in a county with an urban county executive form of government (Fairfax County); (ii) containing 500 or more lots, (iii) having each lot contained in the development being located within the boundaries of a watershed improvement district, and (iv) having each lot subject to substantially similar deed restrictions contained in one or more declarations.

plat approval for subdivisions with 30 or more lots that are served by private wells located in designated groundwater management areas.

House Bill 30 established authority for the Commonwealth Transportation Commissioner to enter into a contract with property owners associations for grounds-keeping, mowing and litter removal services.

House Bill 151 clarifies the power of appointment for special conservators of the peace, who may be used to patrol communities.

Failed Legislation The work of the VA LAC requires an eyes wide open approach—to identify and review an expanding range of legislation that may impact common interest community associations. Once identified— the VA LAC determines whether to monitor, support, or oppose legislation. Much of the work of the VA LAC involves developing the arguments and advocating against proposed legislation that could have a negative impact on common interest communities. Twenty-seven bills were neutralized as the direct result of VA LAC efforts during the 2018 Session.

Governance; Books & Records; Regulation: Ten bills introduced by a freshman legislator (House Bills 1038-1041; 1043; 1120-1123; and 1585) proposed changes that would have had wide-ranging and significant impact on the operation, administration, and governance of common interest communities. These bills proposed changes to Continued on page 25

Solar Facilities: Three bills were introduced and passed that provide guidance for regulating the installation of solar facilities. House Bill 508 and companion bill, Senate Bill 429, provides property owners with authority to install a roof or ground-mounted solar facilities in compliance with any height and setback requirements in the zoning district where the property is located. House Bill 509 further defines the extent to which solar facilities need to be in conformance with a locality’s comprehensive plan.

Real Estate Time-Share Act: Two companion bills, House Bill 674 and Senate Bill 443, passed The General Assembly, providing developers with the option to obtain a corporate surety bond or letter of credit with the CICB where the time-share project consists of more than 25 units, rather than to escrow individual deposits for each unit.

Remote Communications for Meetings: House Bill 1205 authorizes boards of directors of a nonstock corporation to hold meetings via remote communication if the articles of incorporation or bylaws do not prohibit the conduct of remote meetings.

Ground Water Management; Grounds-keeping; Conservators of the Peace: House Bill 358 adds the requirement for technical evaluation by the Department of Environmental Quality prior to final subdivision JULY 2017

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record keeping, recording meetings, and elections as well as regulation of common interest communities by the Common Interest Community Board.

The VA LAC worked closely with the legislator to learn the rationale for these many proposals. Following discussions, the legislator withdrew nine bills. The VA LAC worked with the legislator to refine one of the ten bills—that would have required announcement of election results at annual meetings. The bill was approved in the House but was defeated in the Senate on a straight party line vote.

Stormwater Management: Two bills (House Bill 723 and House Bill 1038) that would have established new regulations for stormwater management facility inspections, maintenance and audits did not pass.

Legislation for Further Study Four bills considered by the 2018 General Assembly that impact common interest communities were referred to the Virginia Housing Commission for further study.

Home-based Businesses: Legislation designed to limit the application of residential only use restrictions and allow the conduct of home-based businesses was again introduced in the 2018 Session. Senate Bill 707, as introduced, would have permitted any type of home-based business to operate

within common interest communities unless those businesses are expressly prohibited in recorded governing documents.

The VA LAC actively opposes legislation that seeks to override restrictive covenants. The VA LAC argued against legislation that proposed re-defining home businesses to include more types of commercial enterprise, many of which could change the residential character of community associations. The benefits of home-based businesses that do not impact owner and resident use and enjoyment of their homes are well recognized. The legislation was referred to the Housing Commission for further study.

Capital Projects: Senate Bill 861 was introduced, by request, to limit board authority to make capital improvements—by requiring a majority vote of members prior to a capital expenditure of $1 million or more. The VA LAC worked closely with the patron of the bill and community leaders; the bill did not pass and was referred to the Housing Commission for further review.

Capital Reserves: Senate Bills 705 and Senate Bill 706 proposed mandatory requirements and penalties for not properly budgeting for reserves—as well as imposing increased requirements for disclosure about reserves in resale disclosures. The bills were forwarded to the Housing Commission for further study.

Trends

Legislation proposed for consideration in the 2018 Session appears again to be the by-product of constituent concerns about association operation and governance. Legislation to require more transparency - in decision making by volunteer directors and access to association books and records reflect continuing skepticism about the motives of association leaders. In addition to questions about process, in 2018 added focus was given to imposing requirements on budgeting and expending association funds. Many of the measures that failed would have added considerably to association expense—therefore, homeowner expenses.

The image of community associations continues to present challenges. Attention should be given to the process, impact, and implementation of decisions.

Even with effective advocacy, the number and negative nature of legislative proposals introduced to restrict community association leaders from doing the business of the association are increasing. Volunteer leaders play an effective role in advocacy. This year, presidents of several community associations traveled to Richmond to testify before committees of the General Assembly. They joined the professional lobbyists and subject matter experts to voice concern about legislative proposals. Their voices were heard.

Community association leaders, managers and those who work with them are invited and encouraged to become active participants in the legislative process. There are many ways to become a part of the process, a part of the solution.

Virginia Common Interest Communities are supported and defended in Richmond through the efforts of a professional lobbying team and two volunteer-driven work groups, the VA Legislative Action Committee and the CAI-VA Political Action Committee. Lobbying services are made possible largely due to the annual “check off” fee paid with annual membership renewals and contributions made by community associations through the Dollar A Door campaign.

To learn more, go to www.caionlineorg/LACDonate. To learn more about the CAI-VA PAC, go to www.caionline.org/VAPAC. JULY 2018

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By Tiago D. Bezerra ESQ.

By William A. Marr, Jr. ESQ.

Tiago is an attorney with the Law Office of William A. Marr, Jr., representing community associations and small businesses across Virginia. He serves on the Virginia Legislative Committee and enjoys helping clients make sense out of legal nonsense.

William “Bill” is the sole proprietor of the Law Office of William A. Marr Jr., where he has represented community associations and small businesses in Virginia and Washington, D.C. for over 30 years.

He is the co-chair of the Virginia Legislative Committee and serves on the Virginia Legislative Action Committee.

L E A R N I N G

F R O M

FAILED LEGISLATION E

very year, common interest communities focus on state and federal legislators as they consider proposed legislation that may have consequences on how associations operate. We tend to focus on those pieces of legislation that are passed into law.

This concentration on new law is absolutely appropriate and necessary; in fact, ignoring legislation can result in significant headaches and an increased risk of liability for an association. However, while it is important for communities to be vigilant in adopting procedures to comply with newly adopted legislation, it is productive to also look at those bills that fail with the same critical eye.

• Additional disclosure requirements on the funding of an association’s capital reserves (SB 705, 706) Additionally, the last couple of years have shown a pattern of attempts to curb association authority to regulate rentals and homebased businesses. Although these bills may have failed for any number of reasons, we can (and should) learn from the failed legislation.

• A requirement for boards to inspect and maintain stormwater management facilities owned by their association (HB 1039)

Transparency: Board transparency was a theme in a number of bills that failed this year in Virginia. It is absolutely imperative that all boards of directors conduct their business as transparently as possible.

Condominium associations and homeowners’ associations are private businesses that many people argue resemble local governments. Clearly, associations are not governmental entities; however, it may be prudent for boards to conduct their business as they would want their elected government officials to govern. For example, there is a similarity between assessments paid to associations and the taxes paid to local governments. Citizens of localities want to know how their elected officials are using tax dollars and they expect those officials to be diligent and careful when making those decisions. Board members should keep those thoughts in mind and put them into practice as they conduct their business.

• Further regulation over the recording of board meetings (HB 1043) and requirements for board record keeping (HB 1122, 1123)

Reserve Studies: Like board transparency, Virginia legislators also took aim at the use of reserve studies this year. In Virginia,

In Virginia, the Property Owners Association Act and the Condominium Act are amended almost every year. Of the 40+ bills that were strategically tracked by the Virginia Legislative Action Committee this year, only a handful were successfully adopted by the General Assembly. This year, the legislation that failed in Virginia focused on board of director’s transparency as well as reserve studies. These bills included: • An attempt to effectively eliminate a board’s ability to take action between meetings (HB 722)

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reserve studies are required to be done every five years. Generally, these reports are prepared by licensed engineers who identify the remaining useful life of each capital component owned by an association as well as their expected replacement values. Using this information, reserve studies outline what amount of money should be contributed to an association’s reserve fund every year so that the association will have enough money to maintain, repair, and replace those assets. Members of boards of directors, not just their community managers, should be familiar with these studies and should read and really understand them. There are many communities in the D.C. Metro Area whose reserves are underfunded, but the significance of that depends in part on what their boards are doing on an annual basis to protect their associations’ assets. Directors should be able to thoughtfully explain reserves and the importance of and the reasons behind annual contributions to members of the community.

Limits on Lot/Unit Usage: You may have heard the adage of how one’s home is their castle. You may also appreciate the significance that is placed on the sanctity of private property. Common interest communities are unique in that homeowners “contract away” some of their private property rights in order to live in a community that preserves the values and appearances of the homes in it. In order to accomplish those goals, boards of directors are provided with some authority to impact how an individual may use and

enjoy their own property. Unlike regulating the use of common areas/elements, over which they exercise significantly more control, boards need to proceed carefully when regulating how homeowners can use their property. First, boards must have the authority to adopt any rule restricting members’ use of their own homes (note, this is a legal issue and should always be confirmed by the association’s attorney). Second, the rules must be “reasonable.” Consider the issue the board is trying to regulate and try to create a solution that is as least restrictive as possible but still addresses the problem (this is “less” legal, but it’s not a bad idea to check with an attorney on this too).

Passing rules and regulations affecting one’s use of their property can get personal and are ripe for requests for “special legislation” by unhappy homeowners.

In the end, failed legislation does not have any immediate impact on common interest communities. However, those bills can always be proposed again (and history shows this frequently happens). If stories continue to surface of boards lacking transparency, not accounting for the anticipated expenses outlined in a reserve study, and inappropriately or unfairly adopting property use restrictions, you can be sure these restrictive bills will be back. So, take a moment every year and thoughtfully consider the failed legislative efforts, particularly those that would have had a negative impact on communities, and try to glean lessons from the issues they attempted to impact. Strive to continually do better and to preserve the integrity and enhance the reputation of common interest communities.

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2018 WMCCAI

Legal Resource Directory Legislative Action Committees...................................................................................A Legislative Committees....................................................................................................A CCAL Members.........................................................................................................................B WMCCAI Attorney Members...........................................................................................C Chapter Patrons....................................................................................................................D Chapter Benefactors..........................................................................................................D Chapter Supporters............................................................................................................D

Special Section

Special Section WMCCAI’s 2018 Legal Resource Directory lists all law firm members as of May 2018.

This directory is created to provide WMCCAI members easy access to legal advice and services from more than 35 firms in the Washington metro area specializing in community association law. Please note that firms in this directory may have phone numbers and office locations in addition to those listed. The most up-to-date information can be found on our website under the “Service Directory” tab.

WMCCAI members. Jane Rogers, ESQ., chairs the District of Columbia Legislative Committee; Tom Schild, ESQ. chairs the Maryland Legislative Committee; and Ronda DeSplinter, LSM, PCAM and William

Marr Jr., ESQ., chair the Virginia Legislative Committee.

Visit the chapter website, www.caidc.org, to join a legislative committee.

CAI Legislative Action Committees Community Associations Institute’s Legislative Action Committees exist to represent the interests of CAI members with respect to state legislative, regulatory and amicus curiae activities of relevance to the creation and operation of community associations. LACs work in conjunction with CAI and local chapters to lobby state governments on behalf of CAI members.

WMCCAI is represented by chapter delegates in the District of Columbia, Maryland and Virginia. LAC delegates volunteer a great deal of time and energy to benefit all CAI members and the community association industry.

D.C. LAC is chaired by Jane Rogers, ESQ. and Scott Burka, CMCA, AMS, PCAM. Maryland LAC is chaired by Pete Philbin, ESQ. Virginia LAC is chaired by Jerry Wright, Jr., ESQ. For more information on the LACs, visit CAI’s website, www.caionline.org.

WMCCAI Legislative Committees Washington Metropolitan Chapter Community Associations Institute’s legislative committees are responsible for identifying legislative issues of importance to common interest communities in the district, Maryland and Virginia. This includes local, regional, statewide and federal legislation. The committees monitor legislation and help the chapter set specific issue priorities. The chapter has three legislative committees: D.C., Maryland, and Virginia.

The chapter’s legislative committees meet monthly to monitor legislation that affects 2018 WMCCAI LEGAL RESOURCE DIRECTORY

|A

Special Section

College of Community Association Lawyers CAI’s board of trustees established the College of Community Association Lawyers in 1993 to acknowledge CAI member attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law.

The college’s goals include the following: promote high standards of professional and ethical responsibility in the practice of community association law; improve and advance community association law and practice; facilitate development of educational materials and programming for use by professionals and homeowners; cooperate and consult with international, national, state and local organizations, government agencies and other groups having an interest in association law; encourage college members to use their expertise to make community associations function effectively; create an environment in which college members can work together to meet their professional needs and goals; and to achieve the goals and objectives of CAI. The following WMCCAI members are also fellows of CCAL: Brendan P. Bunn, ESQ. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Kenneth E. Chadwick, ESQ. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Robert M. Diamond, ESQ. Reed Smith, LLP Raymond J. Diaz, ESQ. Whiteford, Taylor & Preston, LLP Joseph D. Douglass, ESQ. Whiteford, Taylor & Preston, LLP

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Andrew G. Elmore, ESQ. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Benny L. Kass, ESQ. Kass Legal Group, PLLC William Bradley Mason, ESQ. Segan, Mason & Mason, PC David S. Mercer, ESQ. MercerTrigiani Joel W. Meskin, ESQ. McGowan Program Administrators P. Michael Nagle, ESQ. Nagle & Zaller, P.C.

Thomas C. Schild, ESQ. Thomas Schild Law Group, LLC Andrew J. Terrell, ESQ. Whiteford, Taylor & Preston, LLP Lucia Anna Trigiani, ESQ. MercerTrigiani Allen Warren, ESQ. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Wil Washington, ESQ. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

Special Section

Attorney Members of Washington Metropolitan Chapter Community Association Institute Alderman, Devorsetz & Hora, PLLC Washington, DC (202) 969-8220 www.adhlawfirm.com Andrews Law Group, LLC Ijamsville, MD (301) 444-0050 www.andrewlawgroupllc.com Cameron Mericle, P.A. Greenbelt, MD (301) 474-2044 www.cameronmericle.com Caulkins and Bruce, PC Arlington, VA (703) 558-3670 www.caulkinsbruce.com Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Fairfax, VA (703) 352-1900 www.chadwickwashington.com Chesapeake Law Group, PLC Manassas, VA (703) 282-0125 www.apapelaw.com Compton & Duling, LC Prince William, VA (703) 565-5122 www.comptonduling.com Cowie & Mott. P.A. Baltimore, MD (410) 327-3800 www.cowiemott.com Davis, Agnor, Rapaport & Skalny, LLC Columbia, MD (410) 995-5800 www.darslaw.com Dunlap Bennett & Ludwig PLLC Leesburg, VA (703) 777-7319 www.dbllawyers.com Elmore & Throop, P.C. Severna Park, MD (410) 544-6644 www.elmore-throop.com Gardner Law Firm, PC Rockville, MD (301) 762-8475 www.davidgardnerlaw.com

Helfrich & Delozier Bowie, MD (301) 262-1200 www.helfrichanddelozier.com

Nagle & Zaller, P.C. Columbia, MD (410) 740-8100 www.naglezaller.com

Jackson & Campbell, P.C. Washington, DC (202) 457-1634 www.jackscamp.com

Pickett & Oliverio, LLP Prince Frederick, MD (443) 295-7339 www.pickettlaw.net

Kass Legal Group, PLLC Washington, DC (202) 659-6500 www.kasslegalgroup.com

Reed Smith, LLP Mc Lean, VA (703) 641-4273 www.reedsmith.com

Law Office William A. Marr, Jr. Fairfax, VA (703) 691-2800 www.williammarr.com

Rees Broome, P.C. Tysons Corner, VA (703) 790-1911 www.reesbroome.com

Law Offices of Laurie L. Dolson, P.C. Fairfax, VA (703) 352-1040 Law Offices of Lawrence I. Wachtel Rockville, MD (301) 340-7511

Segan, Mason & Mason, PC Annandale, VA (703) 354-9170 www.seganmason.com

The Law Office of Sheyna Nicole Burt, PLC Manassas, VA (571) 229-9899 www.burtlaw.co Thomas Schild Law Group, LLC Rockville, MD (301) 251-1414 www.schildlaw.com Walsh, Colucci, Lubeley & Walsh, PC Arlington, VA (703) 528-4700 www.thelandlawyers.com Whiteford, Taylor & Preston, LLP Falls Church, VA (703) 280-9266 www.wtplaw.com

The Ford Law Firm PLLC Washington, DC (202) 792-4946 www.fordlawpros.com

Lerch, Early & Brewer, Chartered Bethesda, MD (301) 986-1300 www.lerchearly.com Levin Law Group LLP Chevy Chase, MD (877) 786-9990 www.levinlawgroupllp.com Linowes and Blocher, LLP Bethesda, MD (301) 961-5253 www.linowes-law.com McCandlish & Lillard, A Professional Corporation Fairfax, VA (703) 934-1135 www.mccandishlawyers.com McMillan Metro, P.C. Potomac, MD (240) 778-2308 www.mcmillanmetro.com MercerTrigiani Alexandria, VA (703) 837-5008 www.mercertrigiani.com

2018 WMCCAI LEGAL RESOURCE DIRECTORY

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Special Section

Chapter Benefactors

ASPHALT & CONCRETE

Chapter Patrons

Barkan Management LLC. AAMC Berman & Wright Architecture, Engineering & Planning, LLC Gates Hudson Community Management Goldklang Group CPAs, P.C. McFall & Berry Landscape Management, Inc. Miller Dodson Associates, Inc.

Chapter Supporters Access National Bank BB&T Association Services BELFOR Property Restoration Community Advantage, a Wintrust Company Jackson Campbell, P.C. Lerch, Early and Brewer, Chartered Linowes and Blocher, LLP NOVA Painting Company Ploutis Painting & Contracting Co., Inc. Quest Insurance, Inc. Sequoia Management Company, Inc., AAMC Thomas Downey, Ltd. D | QUORUM

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By Ursula K. Burgess, ESQ. Ursula K. Burgess is a shareholder at Rees Broome, PC and her practice is devoted entirely to issues related to community associations in Virginia and Maryland. She is currently serving her second term on the CAI Board of Trustees and the Business Partners Council. She is an active member of the Chesapeake and Washington Metro Chapters of CAI and regularly teaches classes for CAI, locally and nationally. She lives in Alexandria, Virginia with her husband Joey and their dog.

Advocacy Summit O V E R V I E W

E

xcept in election years, annually, CAI holds a federal advocacy summit which allows attendees to meet with their members of Congress to provide input regarding community association issues on the federal level. Prior to the summit, attendees watch webinars regarding the current issues and meet with CAI’s federal lobbyist and members of CAI staff to discuss the issues and how to conduct the meetings.

On Tuesday, May 8, 2018, I joined 105 other members of CAI for the 2018 Advocacy Summit - the largest fly-in event for CAI in its 45-year history. The 106 attendees attended a total of 104 meetings with members of Congress and/or their staff members. The attendees discussed several issues, including housing reform and disaster relief.

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In 2016, Congress adopted the Housing Opportunity Through Modernization Act (“HOTMA”) which requires greater access to FHA insured mortgages for purchasers of condominium units. In 2008, 33% of all condominium associations were approved for FHA insured mortgages, yet even after the adoption of HOTMA, only 6% of condo-

minium associations are approved. Accordingly, we discussed easing the restrictions for eligibility and streamlining the process for FHA approval so that more condominium associations could obtain this approval.

In addition, we asked for support for House Bill 3238, the Disaster Assistance Equity

Act of 2017. Currently, community associations are not eligible to request financial assistance from FEMA, despite the fact that community association residents pay the same federal taxes as individuals who do not reside in community associations. We provided photos of community associations damaged by Hurricanes Harvey and Irma and the California wildfires that were ineligible to receive funds from FEMA. Overall, attendees reported that reception to this request was positive.

Personally, I found my meetings with staff for Senators Kaine and Warner and Representative Beyer were productive and positive.

Being my third summit, I found it very rewarding to advocate on behalf of community associations directly with the lawmakers, and I hope that others take the time to do so. Additional information about the summit, the federal issues and what you can do to advocate on behalf of community associations can be found on www.caionline.org.

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Directory and Classifieds AMUSEMENT & PARTY RENTALS

Fantasy World Entertainment 124 Jibsail Drive T: (800) 757-6332 Prince Frederick, MD 20678 www.fwworld.com Brooks Grady brooks@fwworld.com ASPHALT PAVING/MAINTENANCE/REPAIR

Brothers Paving & Concrete Corporation 9469 Hawkins Dr T: (703) 393-1927 Manassas, VA 20109 F: (703) 393-1928 Paul Battista info@brotherspaving.com Espina Paving, Inc. Asphalt/Concrete 15441 Farm Creek Drive T: (703) 491-9100 Woodbridge, VA 2191 F: (703) 491-9101 Serving: MD, DC, VA info@espinapaving.com ATTORNEY

Segan, Mason & Mason, P.C. Donna Mason dmason@seganmason.com

www.seganmason.com T: (301)251-1414

Thomas Schild Law Group, LLC www.schildlaw.com 401 North Washington Street, Suite #500 T: (301)251-1414 Rockville, MD 20850 Thomas, C. Schild, CCAL tschild@schildlaw.com Scott J. Silverman ssilverman@schildlaw.com

ENGINEERS

Becht Engineering BT, Inc. 10717 Birmingham Way www.bechtbt.com Woodstock, MD 21163 T: (410) 461-3904 Bill Hasselman info@bechtbt.com

CFM Management Services, AAMC 5250 Cherokee Ave, Suite 100 T: (703) 941-0818 Alexandria, VA 22314 F: (703) 941-0816 Christiaan Melson, ams, pcam c­­­­­­­­melson@cfmanagement.com

ETC Engineering and Technical Consultants Inc. Water intrusion, roofing, exteriors, windows, balconies, property studies, structural & architectural services www.etc-web.com T: (703) 450-6220 Mindy Maronic mindy@etc-web.com

Comsource Management, Inc. AAMC www.comsource.com 3414 Morningwood Drive T: (301) 924-7355 Olney, Maryland 20832 F: (301) 924-7340 Gary M. Simon, cmca, ams, pcam gsimon@comsource.com

The Falcon Group 7361 Calhoun Place, Suite 325 www.falconengineering.com Rockville, MD 20855 T: (240) 328-1095 Stew Willis info@falconengineering.com

FirstService Residential DC Metro LLC, AAMC 11351 Random Hills Road, Suite 500 T: (703) 385-1133 Fairfax, VA 22020 Robert Teeling robert.teeling@fsresidential.com

JANITORIAL

Clean Advantage Corporation 4000 Pen Belt Place T: (800) 315-3264 District Heights, MD 20747 F: (301) 595-3331 www.cleanadv.com info@cleanadv.com LAKE AND POND MANAGEMENT

SOLitude Lake Management 12522 White Drive info@solitudelake.com Fairfax, VA 22030 T: (540) 371-4382 Kevin Tucker www.solitudelakemanagement.com

BANKING AND FINANCIAL SERVICES

BB&T Association www.bbt.com Let us save you time and money with our lockbox processing, ACH, coupon book, statement printing and transmission services.

Joseph Inzerillo Jr. T: (703) 201-5774 jinzerillo@bbant.com Mutual of Omaha Bank Community Association Banking/CondoCerts Noni Roan T: (301) 639-5503 Noni.Roan@mutualofomahabank.com Wintrust Community Advantage T: (734) 276-3330 Metro DC www.communityadvantage.com Kim Myles kmyles@communityadvantage.com A leading provider of financial services to condominium, townhome, and homeowner associations.

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MANAGEMENT SERVICES (CONT’D)

MANAGEMENT SERVICES

Associa Community Management Corporation, AAMC 4840 Westfields Blvd, Suite 300 T: (703) 631-7200 Chantilly, VA 20151 www.cmc-management.com John Tsitos, cmca, ams, pcam jtsitos@cmc-management.com Barkan Management Company, Inc 8229 Boon Blvd., Suite 760 T: (703) 388-1005 Tyson Corner, VA 22182 F: (703) 388-1006 Michael Feltenberger, cmca, ams, pcam Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 T: (703) 934-5200 Fairfax, VA 22033 F: (703) 934-8808 L. Peyton Harris Jr., cmca, cpm lph@capitolmanagementcorp.net

KPA Management, AAMC www.kpamgmt.com 6402 Arlington Blvd., Suite 700 T: (703) 532-5005 Falls Church, VA 22042 F: (703) 532-5098 Offering personalized service Ed Alrutz, cpm, cmca, pcam ealrutz@kpamgmt.com Sentry Management www.sentrymgt.com 4401 Ford Avenue, Suite 1150 T: (703) 642-3246 Alexandria, VA 22302 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20175 Dave Ciccarelli, ams, pcam dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle www.sequoiamanagement.com Chantilly, VA 20151-2283 T: (703) 803-9641 Craig Courtney, pcam ccourtney@sequoiamgmt.com SIGMA Real Estate Services 8911 60th Avenue T: (301) 513-9300 College Park, MD 20740 www.sigmares.com Constantin Anagnostopoulos, President info@sigmares.com Zalco Realty Inc., AAMC, AMO 8701 Georgia Ave., Ste. 300 Silver Spring, MD 20910 Arthur Dubin,cmca, pcam, cpm

www.zalco.com T: (301) 495-6633 adubin@zalco.com

­­INDEX TO ADVERTISERS A Associa-Community Management Corporation, AAMC....................................................................24 B Barkan Management, LLC, AAMC..................................................................................................27 BB&T Association Services.............................................................................................................27 Becht Engineering BT, Inc..............................................................................................................25 C Capital Painting Co.........................................................................................................................17 Chesapeake Law Group, PLC........................................................................................................... D Clean Advantage Corporation..........................................................................................................40 PAINTING SERVICES AND RETAILERS

Capital Painting Co. www.capitalpainting.net 5520 Oakwood Road T: (703) 313-0013 Alexandria, VA 22310 F: (703) 922-1826 George Tsentas george@capitalpainting.net Ploutis Painting & Contracting Co., Inc. T: (703) 360-0205 8365 Richmond Hwy F: (703) 360-5439 Alexandria, VA 22309 info@ploutiscontracting.com Stella Ploutis www.ploutiscontracting.com Reston Painting & Contracting 619 Carlisle Drive Herndon, VA 20170 David Hamilton

T: (703) 904-1702 F: (703) 904-0248 dave@restonpaint.com

RESERVE STUDIES

Reserve Advisors 4600 North Fairfax Drive, Suite 404 T: (844) 701-9884 Arlington, VA 22203 www.reserveadvisors.com Michelle Baldry mbaldry@reserveadvisors.com RESTORATION SERVICES

Titan Restoration Co Warrenton, VA T: (540) 349-1503 www.titanrestoration.com F: (540) 349-1512 Anita Puckett apuckett@titanrestoration.com ROOFING

Cowie & Mott. P.A............................................................................................................................ C E Engineering and Technical Consultants...........................................................................................18 F The Falcon Group...........................................................................................................................33 Fantasy World, Inc. dba Fantasy World Entertainment ....................................................................38 FirstService Residential, AAMC.........................................................................................................2 M Mutual of Omaha Bank...................................................................................................................13 P Ploutis Painting & Contracting Co., Inc..............................................................................................2 R Rees Broome PC ............................................................................................................................ B Reserve Advisors, Inc.....................................................................................................................13 Reston Painting Company..............................................................................................................33 S SC Companies, Inc. .......................................................................................................................17 Segan, Mason & Mason, PC............................................................................................................ A Sentry Management, Inc.................................................................................................................19

TWC Services, LLC PO Box 150277 T: (703) 971-6016 Alexandria, VA 22315 www.twcser.com Linda Walker info@twcserv.com WINDOWS & DOORS

Windows Plus, LLC & Allied The Window Center, LLC 4321 Markham Street T: (703) 256-0600 Annandale, VA 22003 F: (703) 942-6987 Kimberly Wayland kknight@windowspls.com

SIGMA Real Estate Services..............................................................................................................7 SOLitude Lake Management...........................................................................................................38 T Thomas Schild Law Group, LLC....................................................................................................... A TWC Services, LLC..........................................................................................................................23 W Windows Plus, LLC...........................................................................................................................4 Wintrust Community Advantage......................................................................................................35 Z Zalco Realty, Inc., AAMC................................................................................................................21

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CHAPTER BENEFACTORS

WMCCAI 7600 Leesburg Pike Suite 100 West Falls Church, VA 22043 www.caidc.org (703) 750-3644 ASPHALT & CONCRETE

PRESORT STANDARD US POSTAGE PAID ALEXANDRIA, VA # 5659

OUR MISSION To optimize the operations of Community Associations and foster value for our business partners.