Quorum – July 2020

Washington Metropolitan Chapter Community Associations Institute

JULY 2020

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

LEGISLATIVE UPDATE BREAKING NEWS!

Behind the Advocacy Curtain... When to Take a Stand... Finding the Right Legal Counsel For Your Community...

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JULY 2020

­CONTENTS 12 Behind the Advocacy Curtain

BY MARIETTA M. ETHIER, ESQ.

14 When To Take a Stand

BY STACI GELFOUND, CMCA, AMS, PCAM

17 Maryland Legislative Update

BY STEVEN DUNN, ESQ. AND SHIRLEY STEINBACH, ESQ.

18 2020 Virginia General Assembly Report: Common Interest Community Legislation

BY LUCIA ANNA TRIGIANI, ESQ., CCAL AND TIAGO DUNCAN BEZERRA, ESQ.

22 District of Columbia Legislative Update

BY JANE ROGERS, ESQ.

23 2020 Virginia Resale Disclosure Update

DEPARTMENTS AND MORE 5 Message from the President 6 Chapter Benefactor: Chadwick, Washington, Moriarty, Elmore & Bunn, PC 7 Welcome New Members 8 Upcoming Events 11 People & Places 28 2020 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 KIMBERLEY M. O’HALLORAN-PEREZ, ESQ.

24 D.C. Pending Legislation – Construction Warranty Bonds

BY SCOTT BURKA, CMCA, AMS, PCAM

27 Finding the Right Legal Counsel For Your Community

BY KEITH TATE, CMCA, AMS

34 Bills “Gone By” in 2020: Virginia and Maryland

BY STEVE RANDOL AND JERRY M. WRIGHT, JR, 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.

JULY 2020

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President Airielle Hansford, CMCA, AMS, PCAM President-elect Michael Gartner, ESQ. Vice President Ruth Katz, ESQ. Secretary Sara Ross, ESQ. Treasurer Kristen Melson, CMCA, AMS, PCAM Immediate Past President Rafael A. Martinez, CTP (EX OFFICIO) Executive Director Jaime Barnhart, CMP, CAE (EX OFFICIO)

D IRECTOR S Leslie Brown, ESQ., Doug Carroll, Hilary Lape, AMS, PCAM, Judyann Lee, ESQ., Sara Ross, ESQ., Gary Simon, CMCA, AMS, Jon Stehle

CO U N C I L C HAI R S Communications Council Jennifer Bennett, CMCA, AMS, PCAM Education Council Kevin Kernan, ESQ. Member Services Council Bernie Guthrie, CMCA, AMS, PCAM

CO MM I T TE E C HAI R S Conference & Expo Donna Aker, CMCA, AMS, PCAM and Chris Goodman D.C. Legislative/LAC Scott Burka, CMCA, AMS, PCAM, and Jane Rogers, ESQ. Education Kathryn Hutchinson, CMCA, AMS, PCAM and Todd El-Taher Golf Adrienne Zaleski and Brian Lord, CMCA, AMS, PCAM Maryland Legislative Scott Silverman, ESQ. and Aimee Winegar, CMCA, AMS, LSM, PCAM

Public Outreach Elisabeth Kirk and Kim Myles, CMCA Membership Jeffrey Stepp, CMCA, AMS, and Noni Roan, CMCA Quorum Editorial Christopher Carlson, PE, SECB and Liliana Martinez, CMCA, AMS

Chapter Events Kristen Adams and Jen Ann Santiago, CMCA, AMS, PCAM Virginia Legislative Ronda DeSplinter, LSM, PCAM and William A. Marr Jr., ESQ.

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

QU O RUM E DI TORI AL CO M M IT TE E Co-chairs Christopher Carlson, PE, SECB and Liliana Martinez, CMCA, AMS Members Michelle Baquero, CMCA, AMS, Dan Blom, ESQ., Mira Brown, CMCA, AMS, Leslie Brown, ESQ., Kristen Buck, ESQ., Doug Carroll, Deborah Carter, CMCA, AMS, PCAM, Sara Castle, Traci Castrovinci, CMCA, AMS, Frannie Crouse, Brittanie Davis, CMCA, AMS, PCAM, Katie Halfhill, CMCA, AMS, Iman Jackson, CMCA, AMS, Kevin Kelly, Richard Kuziomko, CMCA, AMS, PCAM, Crishana Loritsch, CMCA, AMS, PCAM, Liliana Martinez, CMCA, AMS, Kirby McCleary, Susan Miller, CMCA, AMS, Kara Permisohn, Tracy Plazyk, CMCA, AMS, Brandi Ruff, CMCA, AMS, PCAM, Lauri Ryder, CIC, CRM, CMCA, Janet Smith, Gunnar Thompson, Susan L. Truskey, ESQ., Olga Tseliak, ESQ., Lee Ann Weir, CMCA, AMS, Doug White, P.E., Aimee Winegar, CMCA, AMS, LSM, PCAM, Jim Wisniewski, 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 3,200 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 2019 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.

FROM THE PRESIDENT

O FFICE R S

BACK TO BASICS As I write this, we are three months into the Coronavirus pandemic. COVID-19 continues to impact the daily lives of much of the world and those communities where we live and work. In the past weeks stay-at-home orders, issued to help stop the spread of the disease, are just beginning to be lifted in the DC Metro area.

While we all look forward to a return to normalcy, it seems that we have a long way to go and it could be quite some time before the full economic, physical, and social outcomes of COVID-19 are realized.

We are starting to witness and experience the emotional toll of the virus. After weeks of living and working in close quarters, we have seen how issues can escalate quickly in our communities as well as throughout the nation. While anxiety, depression and panic are natural reactions to a health crisis like COVID-19, many people are also experiencing compassion fatigue. To put it simply, we are frayed at the edges.

The elementary school that my children attend embraces a program focused on teaching and encouraging valued character qualities. Known as the Croc’s Creed, students are recognized for demonstrating Respect, Responsibility, Cooperation, Honesty, Kindness, Safety, and Resiliency. Each day, these qualities are discussed and highlighted throughout the school day, which now takes place at home. The significance of educating children to make good decisions, in hopes that they better understand, support and listen to one another as they grow reminds me of the Robert Fulghum quote, “All I really need to know... I learned in kindergarten.”

These qualities are basic yet fundamental and more important now than ever.

In the past few weeks much of the country has been gripped by widespread protests and calls for action in response to the racial injustice experienced by so many in our nation. People around the world are taking a stand in demanding that governments and leaders do more to acknowledge, address, and reform those systems that perpetuate the ongoing inequality affecting people of color.

In my address at Jump Start January, I expressed my belief that our Chapter will be strengthened by being intentionally inclusive, with participation and engagement from a wide variety of diverse members. We can work together to be a reflection of the diverse communities that we serve. I ask for you to continue with me on this path to generate the honest and constructive dialogue, followed by the action needed to achieve this goal. I welcome any thoughts or comments that you may have.

We are living through unprecedented times and are beginning to realize that the world will be different because of this pandemic. Let us show compassion and understanding in all of our interactions, as well as demonstrate respect, responsibility, cooperation, honesty, kindness, safety, and resiliency during this difficult time and after.

WMCCAI strives to be a valuable and useful resource for all our members. I would like to thank our incredible Chapter staff and their servant leader Chapter Executive Director Jaime Barnhart, CMP, CAE, for their resiliency and kindness during this challenging time.

AIRIELLE HANSFORD,

CMCA, AMS, PCAM

Airielle is a Vice President at FirstService Residential. She has worked in community associations since 2004. Airielle has been an active volunteer with WMCCAI since 2007, earning the Chapter’s Rising Star Award in 2011 and Chapter Appreciation Award in 2018. Prior to joining the board, she served as the Member Services Council Chair from 2014 through 2015, chaired the Annual Awards Dinner Committee from 2011 through 2013, sat on the Social Media Task Force, and has written articles for Quorum. Airielle served as the WMCCAI Treasurer in 2017 and as the Vice-President in 2018 prior to Incoming President in 2019.

JULY 2020

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CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Chadwick, Washington, Moriarty, Elmore & Bunn, PC 3201 Jermantown Rd. Suite 600 Fairfax, VA 22030 Telephone: (703) 352-1900 Fax: (703) 352-5293 Website: www.chadwickwashington.com Year Established or Incorporated: 1990 • CAI Member Since: 1990

• Certificate of Insurance: Yes • Areas you serve: Virginia and the District of Columbia • Services Provided: Legal Representation • Licenses Held: Licensed in Virginia and D.C. • Company Philosophy: Assisting association clients with knowledgeable, thorough and creative counsel.

Chadwick, Washington, Moriarty, Elmore & Bunn P.C. devotes its practice entirely to community association law in D.C. and Virginia, working with: • Homeowners associations • Condominium associations • Residential and commercial master associations • Housing cooperatives Since 1990, Chadwick, Washington, Moriarty, Elmore & Bunn PC has provided comprehensive legal representation

of community associations in Virginia and the District of Columbia, including homeowners associations, residential and commercial condominium associations, and housing cooperatives. The firm delivers wise, creative counsel to support an association’s ultimate goal—to run an efficient community that properly serves its members. Our lawyers provide guidance and assistance to boards and managers on the full array of issues facing community associations—such as covenant enforcement, covenant and bylaw interpretation, contract negotiation, amending governing documents and collecting delinquent assessments. We are also experienced in assisting new communities in transition from developer control and provide litigation services if needed.

In addition, the firm is a leader on Virginia legislative issues and presents annual seminars to clients and managers regarding the latest developments in the law and other topics of interest.

Contacts: Ken Chadwick, ESQ., CCAL, kechadwick@ chadwickwashington.com; Wil Washington, ESQ., CCAL, wwashington@chadwickwashington.com; Brendan P. Bunn, ESQ., CCAL, bpbunn@chadwickwashington.com; Allen Warren, ESQ., CCAL abwarren@chadwickwashington.com and Bruce Easmunt, ESQ., bheasmunt@chadwickwashington.com (all of whom are past presidents of WMCCAI)

C

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.

6 | QUORUM

WMCCAI proudly welcomes the following members who joined the chapter in May 2020.

Homeowner Leaders from the Following Associations Audubon Square Community Association, Inc. Battery Heights Unit Owners Association Chelsea Heights Homeowners Association Four Seasons at Historic Virginia Grosvenor Park Condominium II Mid Atlantic Cohousing Prince William County Center Owners Association Renaissance 2230, A Condominium Stonehurst Homeowners Association Tiber Island Cooperative Homes Timberbrook Condominium, Inc. Woodmore HOA

Sam Sele Lawson, FirstService Residential, AAMC Mark Moorman, Abaris Realty, Inc., AAMC Ashley Morris, Vanguard Management Associates, Inc., AAMC Abigail Nespor, King Farm Citizens Assembly Elizabeth Schloemer, Coventry Group Community Management, Inc., AAMC Jacki Walker, The Highlands at Gunston Homeowners Association

CHAPTER NEWS

Welcome New Members

Individual Managers Patricia Anthony, Cardinal Management Group, Inc., AAMC Rodrigo Barrera-Sagastume Sara Cruz Jeffrey Hopkins, Associa-Community Management Corporation, AAMC Keisha Lynn Johnson Rachel Kinsey, Vanguard Management Associates, Inc., AAMC

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UPCOMING EVENTS

Please Note: All Upcoming Events are considered TBD and subject to change as we continue to closely monitor the COVID-19 pandemic. We encourage you to frequently visit our website at www.caidc.org to find the latest information, event updates, and member resources. Stay healthy and stay connected with us and your colleagues on our social channels as we navigate these next few months together!

J U LY 9

WEBINAR: Getting a Fair Deal – Contract Negotiation Tips & Tricks 12 – 1 p.m.

Online

Now more than ever, contract terms are being closely scrutinized and provisions invoked as community associations move forward with pending work and services. Brian Fellner, Esq. will take board members and managers through the essential portions of a contract, including termination, indemnification, and scope of work. Learn common legal terms and their meanings in the contract context, including gross negligence and for cause. Work through some common sticking points in contract negotiations and ways to address them to achieve favorable terms.

Visit www.caidc.org for more details and to register online.

J U LY 2 2

WEBINAR: How to Make Your Property More Attractive to Insurance Carriers 12 – 1 p.m.

Online

Does it seem that with each renewal, your insurance premium increases? Is there anything that can be done to reduce or avoid these increases? Join Chapter Benefactor Quest Insurance to find out how insurance coverage pricing works and learn what proactive steps you can take to help your community become less of a risk to insurance carriers. Visit www.caidc.org for more details and to register online.

AUGUST 4

WEBINAR: Financial Accounting & Tracking for Insurance Claims 12 – 1 p.m.

Online

Your community just received a check from the insurance carrier in the amount of $201,163 to cover property damage caused by a fire. Where do you post it? How to code invoices? What about the deductible? Hold back depreciation – what does that mean? And, how does all this look on your balance sheet? Insurance claims can be complex in many ways, not the least of which is the financial accounting for them. Need help? We hear you! Join us for a workshop style session to learn the ins and outs of correctly tracking insurance proceeds and expenses, led by Anne Sheehan, CPA, of Chapter supporter, The Goldklang Group, CPAs. Visit www.caidc.org for more details and to register online.

JOIN US FOR OUR *NEW* VIRTUAL EVENTS! WMCCAI has launched new Virtual Events in order to bring education and networking opportunities to our members during this unique time requiring social distancing. Please visit our website for the latest upcoming Virtual Events on schedule at www.caidc.org.

Educational Session Package Sponsors Chancellor

THANK YOU TO OUR SPONSORS

Dean

Networking Package Sponsors Professor

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.

8 | QUORUM

HELP SU PPO RT L EGI S L ATIVE ELP SU P P ORT E G INTRI SL AT IBUTIN VE E N GHAG EM ENT

BY LCO G EN G AG E M E NT BY CON T R I B U T I N G

AADOLLAR ADOOR DOOR DOLLAR A Legislative Action

Legislative Action Committees (LACs) are Committees (LACs) CAI’s official voiceare with CAI’slegislators official voice with and regulators in a state. legislators and regulators in a state.

LACs are not:

X a political ACs are not: organization X

a financial contributor to legislators

X

affiliated with any political party or entity

a political organization

a financial contributor to legislators

affiliated with any political party or entity

LACs are:

 volunteers from across the state or district

ACs are:  monitoring legislation that affects community associations

volunteers from across the state or  educating community association boards district and professionals about legislation monitoring legislation that affects  WORKING FOR YOU! community associations educating community association boards

Legislative advocacy is one of the most important services

Legislative advocacy is one of(CAI) the provides most important services Community Association Institute for community Community Association Institute (CAI) (LACs) provides for community associations. Legislative Action Committees are CAI’s official associations.

Legislative Action Committees (LACs) voice with legislators and regulators in a state. Three CAI are CAI’s official Legislative Action Committees serve our region – one in CAI voice with legislators and regulators in a state.each Three Virginia, Maryland, the District serve of Columbia.

Legislative Actionand Committees our region – one each in Virginia, Maryland, and the District of Columbia.

LACs allow CAI to speak with one voice on legislative and regulatory matters that affect community associations, community association LACs allowand CAICAI tobusiness speak with one The voice on legislative managers, partners. individual volunteerand regulatory matters community community membersthat of theaffect LACs work countlessassociations, hours throughout the year toassociation support the needs of community associations; however, newvolunteer threats managers, and CAI business partners. The individual and opportunities requiring our LACs tohours employthroughout government the year to members of the are LACs work countless affairs professionals in order to open the doors of decision makers support the needs of community associations; however, new threats and maintain a high-level of advocacy.

and opportunities are requiring our LACs to employ government affairs professionals in order doorschapters; of decision makers The LACs receive funding fromto CAIopen and the the local and maintain a high-level of cover advocacy. however, these funds do not the full expense for professional lobbyists that are essential to LAC successes.

YourLACs community’s is critical in helping fulfillchapters; our The receivecontribution funding from CAI and the local advocacy mission, communicate with policy makers, and raise however, these funds do not cover the full expense for our profile at state capitols. professional lobbyists that are essential to LAC successes.

Your community’s contribution is but critical in helpingis fulfill our “A Dollar a Door” is a suggested donation, any contribution advocacy mission, policy welcome. Though it maycommunicate seem like a smallwith amount, everymakers, dollar trulyand raise makes a difference.

We hope you will contribute today and include our profile at state capitols. regular donations in your annual budget. You do not have to be a CAI member to contribute to a LAC.

“A Dollar a Door” is a suggested donation, but any contribution is welcome.

Though it may seem like adonation small amount, This form can be mailed along with your directly toevery the dollar truly makes LAC. a difference. We hope you will contribute today and include regular donations in your annual budget. You do not have to be a CAI member to contribute to a LAC.

2020 DOLLAR A DOOR DONATION FORM DONATION AMOUNT: We will donate $1.00 per door (number of doors: __________) We will donate $__________ per door (number of doors: __________)

This form can be mailed along with your donation directly to the LAC:

We will donate a flat amount of $__________ Total Donation: $___________ Donation is for:

D.C. LAC

MD LAC

VA LAC

VOLUNTEER:

We are interested in volunteering, speaking, and contacting legislators.

Please contact us with further information!

CONTACT INFORMATION: Community Name: ___________________________________________________________ Community Contact Name: ___________________________________________________ Mailing Address: ____________________________________________________________ ____________________________________________________________________________ Email Address: ______________________________________________________________ Phone Number: ______________________________________________________________ Legislative District:___________________________________________________________

PAYMENT METHOD: Check (enclosed)

Visa

MasterCard

AMEX

Credit Card Number: _________________________________________________________ Exp. Date:___________________________________________________________________ Signature: ___________________________________________________________________ *Please make checks payable to the LAC (DC LAC, MD LAC, or VA LAC) and mail to the address listed on this form.

Please return the form to: • DC Legislative Action Committee c/o WMCCAI, 7600 Leesburg Pike Suite 100 West Falls Church, VA 22043 • Maryland Legislative Action Committee P.O. Box 6636 Annapolis, MD 21401 • Virginia Legislative Committee c/o WMCCAI, 7600 Leesburg Pike Suite 100 West Falls Church, VA 22043

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2020 list of leading firms and business lawyers. This year’s recognition includes 23 attorneys in 10 practice areas in 3 states and the District of Columbia.

Recognized in these practices (newly recognized*): Bankruptcy/Restructuring (MD, PA, VA), Corporate/M&A (MD), Employee Benefits & Executive Compensation (MD), Healthcare (MD), Insurance (MD), Intellectual Property (MD), Litigation: General Commercial (MD, VA), Private Wealth Law (MD), Real Estate (MD), Real Estate: Land Use (MD).

For more information and the full news release listing all individual lawyers recognized, please visit www.wtplaw.com.

The Falcon Group Promotes Timothy Robison to Senior Engineer A big congratulations to Timothy Robison on his promotion to Senior Engineer within The Falcon Group! Tim has been with Falcon for four and a half years and continues to help our D.C. market grow. He is a licensed P.E. in D.C., Maryland and Virginia. Tim works all hours through the night and weekends to make sure the job gets done!

For more information about The Falcon Group, please visit www.thefalcongroup.us.

PEOPLE & PLACES

Chambers Honors Whiteford, Taylor & Preston in 10 Practice Areas

SOLitude Named One of the Top 10 Fastest Growing Companies in Virginia SOLitude Lake Management has been recognized as one of the 50 fastest growing companies in the Commonwealth by the Virginia Chamber of Commerce.

SOLitude was ranked 10th out of 50 companies recognized in 2020. Now in its 25th year, the Fantastic 50 program is the only annual statewide award celebrating Virginia’s fastest growing businesses. From 20152019, SOLitude was named 39th, 45th, 28th, 31st and 12th on the list, respectively. The 2020 rankings mark a new record in SOLitude’s history. For more information about the award or SOLitude Lake Management, please visit www.solitudelakemanagement.com.

Any where. Any time.

Search for products and services online.

WMCCAI Online Service Directory

caidc.officialbuyersguide.net

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2019-02-12 2:47 PM

JULY 2020

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By Marietta M. Ethier, ESQ. Marietta is a graduate of Georgetown Law Center. After law school she worked for a law firm in Boston, Massachusetts after which she joined the law department of a fortune 500 computer company where as Assistant General Counsel she held a senior management position. Marietta lives in Chevy Chase, Maryland, is a commissioner with the Commission on Common Ownership Communities, Co-chair of the Montgomery County Distressed Communities Task Force, served as president of the condominium association where she lives and continues to serve on that association’s board of directors.

y c a c o v d A e h t Behind T

Curtain

his is the cold, neutral definition offered by Wikipedia. What is not defined is the emotional toll of the long hard fight with seldom any success at the end of the tunnel; the intellectual letdown when

those in a position to make a difference do not recognize and adopt your logic; the righteousness of your cause and the cynicism that ensues when too many battles have been lost and money has trumped justice.

The other side of the coin is that there is no passion so absorbing (well, maybe love) as the “high” that comes with advocating for a cause and no endeavor so satisfying (well, maybe getting a degree) as that which comes from having mastered the intellectual underpinnings of the cause and no pleasure so sweet as having won a battle however small.

Now for the practicalities.

Commitment – There are innumerable issues that deserve to be heard. Make sure the one you choose is deserving of your commitment and one you are willing to engage for the long term.

Patience – There will be more losses than wins and with every failure you have to pick yourself up, review why you didn’t succeed, change your tactics, and look to another day.

Standing above the fray – You must learn to see the issue from how others perceive it; you must know and understand the arguments of your opponents and how to counter them; you must be able to know when the battle is lost; you must learn “when to leave them” as Kenny Rodgers advocates.

Now for the tactics: First, master your issue; get as much information as possible on the financial, social and political impact of instituting the reform you are advocating.

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Advocacy is an activity by an individual or group that aims to influence decisions within political, economic, and social institutions. Advocacy includes activities and publications to influence public policy, laws and budgets by using facts, their relationships, the media, and messaging to educate government officials and the public.”

Become equally as knowledgeable about the arguments of your opponents and how to counter them with hard facts. Second, know the major players in the fight. Who is the chair of the committee that will consider legislation involving your issue? Who are the members of his/her committee and what is their background? Choose your potential partners carefully. Third, recognize that without leverage you have probably lost the fight before you start.

I know the old adage about lighting one candle and how one person can make a difference and I’m sure that may be the case in isolated instances but those are few and far between and in certain venues are called miracles.

Politicians are moved by money (without it they don’t get elected) and numbers (without votes they don’t get elected). Align yourself with a like- minded group or help create one.

My efforts at advocating before legislative bodies in Maryland has been to lobby on behalf of common ownership communities (COCs) and the changes necessary if many COCs are to survive never mind thrive. Unfortunately, there are very few bills relating to COCs that make it through the legislative process every year. Many are filed but few are chosen. There are many reasons in my opinion for this sad state of affairs. One may be that the Maryland legislature only meets four months a year and barely has time to consider the larger issues (e.g. assisted suicide). When such issues are at the forefront, they absorb all the oxygen and attention. But I think the most important reason is that COCs are not organized. There is no organization of COCs whose leaders can stand before a politician and represent 500 (or even 50) COCs and 1,000 (or even 100) voting owners. There is no organization that can reach leaders and residents of COCs getting hundreds to write a letter to their legislators on an issue benefiting COCs. There is no organization that can rally voters to politicians who support the cause and no organization to hold them accountable when they fail to deliver. Money and numbers provide leverage without which the chances of success are greatly diminished.

How can COCs create leverage? There are three legal varieties of COCs: homeowners associations, condominium associations and cooperatives. The most urgent issues are those of condominium

associations, especially mastered metered communities. The Montgomery County Department of Housing and Community Affairs (“DHCA”), with whom all COCs must register, has the number of COCs at over a thousand and approximately 35% are condominiums. The conundrum is how to even begin to organize such a number. How to identify them; contact them, organize them, and sustain the effort.

The first task is to develop a mission statement of sorts. Knowing what you are laboring for helps. What issues of condo associations badly need change? Upon analysis many of the issues will have a common denominator – money. A condominium association’s viability is dependent on the inflow of assessments sufficient to cover current operating and capital budgets. The field of battle is broad from how to shorten the amount of time it takes to collect delinquencies in a court action to mandating that lenders foreclose on a delinquent mortgage within a reasonable amount of time.

The next step is to decide on the structure of the organization that will represent the condominium associations.

Incidentally, such endeavors involve lawyers and lobbying is more effectively done by professionals with an army of volunteers to assist.

Money is needed to underwrite these efforts. That has to be resolved or a credible plan developed on how to fund the cause. A grant might be an answer for the short term but longer term the organization will have to sustain itself. Dues?

One assumes that DHCA’s list is available for public viewing. If not, identifying the clients becomes labor intensive. Once contact information is obtained a letter can be sent to the president and manager of these associations. If experience shows anything, only a minimum number – 5-10% will respond. Then begins the long slog of making contact. A variety of means will have to be employed, such as contacting residents you know to make the introduction, writing an article for the association’s newsletter, writing an article in a publication that many of them (especially managers) read, reaching out to managers, etc. Ultimately a pitch to the board of directors and residents will probably have to be made. If we reach that far we will be heartened (or disheartened) to know that we have simply engaged, now begins the battle.

If and when we begin to organize to assail the battlements of county, state and federal governments we hope many of you will join our merry little (or large) group.

JULY 2020

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By Staci M. Gelfound, CMCA, AMS, PCAM Staci is the Vice President of FirstService Residential Silver Spring. She has been managing community associations for more than 32 years. Staci served as the WMCCAI’s Chapter President in 2006. On a National Level, she is a CAI Faculty Member and serves on the Community Association Managers Council. She is a past Chairperson of the Montgomery County Commission on Common Ownership Communities and is serving currently since 2016.

When To Take A Stand

A

s I write this, we are in the middle of the COVID-19 pandemic and a month into Stay at Home Orders (although most have been telecommuting for 6 weeks). It is my hope that as you read this we are getting back to living under our new ”normal”.

It seems like a lifetime ago when I was in Annapolis with several WMCCAI Maryland LAC Committee members testifying on behalf of Community Associations. The first time I was asked to testify was in favor of SB175 on January 28, 2020. This bill was introduced to increase the amount of the

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Wintrust Community Advantage is a division of Barrington Bank & Trust Company, N.A., a Wintrust Community Bank.

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insurance deductible an owner would be responsible for should the damage originate from their unit. SB175 would increase the amount from $5,000 to $10,000. It was a small group who came to testify on this bill, and no one was there to oppose SB175. We discussed the importance of the increase as many associations have seen their insurance deductibles increase from $5,000 to $25,000 or more. Having owners only responsible for $5,000 of this master deductible was a financial burden on most associations. Associations were dipping into reserves to pay these deductibles, insurance premiums were greatly increasing, and owners who caused the damage were only responsible for around 20% of the deductible. With this bill the owners would now be responsible for approximately 40% of the deductible, thus hopefully having owners be more cognizant of needing to maintain their plumbing fixtures and be more aware of their actions that affect their neighbors. We walked out of the hearing feeling confident that our voices were heard.

About five weeks later I was asked by the LAC to come to Annapolis again, but this was a totally different experience. HB1628 was a very different piece of legislation and would have far reaching adverse implications for all Maryland residents and businesses. When I arrived in Annapolis on Monday, March 2nd there were groups walking towards the Maryland State House.

Many had posters, buttons, flyers and even

tee-shirts. This would not be your normal boring COC legislation hearing. There were 129 people signed up to testify and most of us were placed in another room to wait for our turn to speak. HB1628 would reduce the state sales tax to 5% BUT the sales tax would be applied to almost every type of service and labor that would be utilized in Maryland. While nearly everyone there that afternoon was there to testify in opposition of this bill, no other group was in the same boat as COCs. Most organizations were there on behalf of businesses that would feel the impact of this sales tax application. Many of these businesses even have COCs as their clients. However, one after the other ended their testimony with the same sentiment: “Maryland will force us to close our business and move to a neighboring state and service our Maryland clients electronically or across state lines.”

COCs unfortunately cannot pick up their buildings or homes and move them to another state. Our testimony focused on budget impacts on COCs if they were required to pay taxes on labor costs. This would include state taxes on operational budget line items like legal fees, audit fees, management fees, pool management contracts, janitorial contracts, maintenance service contracts, etc. It would also impact reserve accounts as labor of reserve replacement projects would be subject to the sales tax. Unlike businesses,

COCs can’t just pass the sales tax onto the consumer. This legislation would place financial stress on already tight operational budgets and potentially force owners out of their homes. When introducing HB1628, one Congressional representative stated that this was intended as a luxury tax for those who could afford lawn services and housekeeping services. My testimony focused on the services that COCs were required to provide to the owners, these were not luxury items that a COC could determine they would not provide. These services were not only a requirement of the legal documents of the associations but the Maryland Condominium Act and the Maryland HOA Act. It was a very long day, but it was important for the committee to hear the financial impact of this sales tax on COCs. Shortly after my last trip to Annapolis, COVID-19 took over all aspects of Community Associations and the legislative session was abruptly ended. Over the past weeks I was so focused on COVID-19 that insurance deductibles and sales tax applications did not even get a thought or mention in my 18+ hour days. However, I can report that SB175 has made its way to the Governor’s Office and is expected to be signed and effective October 1, 2020. The Ways and Means Committee gave HB1628 an unfavorable report and it did not move out of Committee.

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By Steven Dunn, ESQ.

By Shirley Steinbach, ESQ.

Steven represents condominiums, cooperatives, and homeowners associations assisting with board operations, preparing necessary amendments to governing documents and policy resolutions, contract review, association collections and foreclosures in Maryland, Virginia, and the District of Columbia.

Shirley represents companies and individuals seeking to resolve a myriad of business disputes through litigation, arbitration, mediation and settlement and counsels community associations to make strategic and sound business and legal decisions in Maryland, Virginia, and the District of Columbia.

Legislative Update

T

he Maryland government enacted three bills important to community associations this year before the legislative session was truncated due to the COVID-19 crisis. These bills were enacted on May 8, 2020 and take effect on October 1, 2020. Here is our digest of what you will want to know:

Insurance Deductibles A condominium association can now assess up to $10,000 of its insurance deductible to the owner of the unit where the damage originates. This amendment doubles the old cap of $5,000.

The amendment clarifies that if the damage originates from “an event outside of the condominium units,” the deductible is treated as a common expense just as if it originated from the common elements.

See Bill Nos. HB 108/SB 175, which amend § 11-114 of the Maryland Condominium Act.

Adopted Budgets Condominium and homeowner associations now have to circulate the adopted annual budget to their members within 30 days of the meeting during which the budget was adopted. The adopted budget may be circulated by electronic transmission, posting on the association’s home page, and/or inclu-

sion in the association’s newsletter.

See Bill No. SB 472, which amends § 11-109.2 of the Maryland Condominium Act and § 11B-112.2 of the Maryland Homeowners Association Act.

Mortgage Approval The burden of obtaining mortgagee consent to amend the governing documents is now a bit lighter.

With the new law, certain requirements to obtain mortgagee action are deemed satisfied if the community association “cause[s] to be delivered to each holder of a mortgage or deed of trust entitled to notice of a copy of the proposed amendment” and the mortgagee “fails to object, in writing, to the proposed amendment within 60 days after the date of actual receipt of the proposed amendment.” In such cases, the mortgagee “shall be deemed to have consented to the adoption of the amendment.”

In plain English, all that community association needs to do is send the text of a proposed amendment to the mortgagees and wait out the 60-day period for any written objections.

There are limitations and exceptions. For a condominium, the relaxation of the mortgagee approval requirement applies only

if the requirement is found in and applies to an amendment of the declaration. For a homeowner’s association, it applies in the context of the declaration, bylaws, deed and agreement, and recorded covenants and restrictions. In addition, the law does not apply to certain proposed amendments that materially affect the mortgagees’ priority of lien, collateral, or rights under the mortgage documents.

See Bill Nos. HB 25/SB 293, which amend § 11-103 of the Maryland Condominium Act and § 11B-116 of the Maryland Homeowners Association Act. As is par the course, a number of notable bills did not pass. Here is our summary: • The highly publicized bill to assess sales tax on all service providers in Maryland was withdrawn.

• A bill proposing to regulate community managers and require manager licensing failed in the Senate and, due to the expenses of managing the coronavirus crisis, is unlikely to pass in the next legislative session.

• A bill to invalidate covenants that prohibit or restricting electric vehicle recharging equipment also failed.

• The General Assembly did not have an opportunity to vote on the bill proposing to mandate and regulate reserve studies.

JULY 2020

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By Lucia Anna Trigiani, ESQ.

By Tiago Duncan Bezerra, ESQ.

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 served as Chair of the Virginia Common Interest Community Board for 11 years, from the date the Board was established in 2008 through 2019.

Tiago is an associate with MercerTrigiani and is a member of the Virginia Legislative Committee of the Washington Metropolitan Chapter of CAI. He has also contributed to WMCCAI’s monthly Quorum magazine and has been a speaker in multiple programs, including most recently at the WMCCAI Conference & Expo in February 2020.

2020 Virginia General Assembly Report:

COMMON INTEREST COMMUNITY LEGISLATION

T

he 2020 Session of the Virginia General Assembly was historic. For the first time since 2013, one party (the Democrats) held the Governorship and a majority in both houses of the General Assembly. Twenty years of Republican control of the legislature ended. For the first time in the 400-year history of the Commonwealth, a woman was elected Speaker of the House of Delegates and the clerks of both the House and the Senate are women.

The November 2019 elections produced 23 first-time legislators, resulting in thirty percent of the legislature being women. The change in majority meant changes to leadership in both houses. Each and every committee chair changed. The leadership changes reflect increased representation from more urban regions of the Commonwealth.

The General Assembly convened on January 8, 2020 and adjourned on March 7, 2020.

This was a “long session” of the General Assembly extended to allow for final action on budget bills. The reconvened session (more commonly referred to as the veto session) was held on April 22, 2020. The veto session was convened outside the Capitol – the Senate met at the Science Museum of Virginia and the House of Delegates met under a tent on the Capitol Grounds. All legislators donned masks, sitting at least six feet away

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from each other – because of health and safety concerns raised by the novel coronavirus (COVID-19).

General Assembly members considered 3,910 bills and resolutions introduced during the 2020 Session, a significant increase in the number of bills introduced in the 2019 session (3,128 bills). The Virginia Legislative Action Committee of Community Associations Institute (“VALAC”) monitored 90 bills that directly or indirectly impact common interest communities. Of those bills, the VALAC actively lobbied 13 bills.

Relative to recent predecessors, Governor Ralph S. Northam recommended a large number of amendments to bills, including over 100 changes to the budget bills, many of which were necessary to address economic changes brought on by COVID-19. The Governor vetoed four bills; his vetoes were sustained. Of the 3,910 bills introduced, 2,218 passed, 1,307 failed and 385 carried over to 2021. The General Assembly approved 45% of the bills introduced.

Legislation of interest to common interest community associations concerns a variety of topics, including virtual Board meetings (veto session legislation), political signs, solar panels, electric car charging stations, fair housing and resale disclosure. Overall,

the VALAC’s efforts were hugely successful, having worked hard well in advance of the legislative session with active legislators interested in community association legislation and through direct participation in the work of the Common Interest Community Association Work Group of the Virginia Housing Commission. The success of the VALAC was bolstered by the support of hundreds of Virginia CAI members who made their voices heard on legislation.

The legislation contained in this report becomes effective July 1, 2020, unless otherwise noted.

Passed Legislation Virtual Board Meetings – On March 12, 2020, Governor Northam declared a state of emergency to address the advent of the novel coronavirus (COVID-19). With restrictions placed on gatherings and concern about the spread of coronavirus, meetings of community association governing boards became problematic, due to requirements of the Virginia Property Owners’ Association Act and Virginia Condominium Act that at least two board members must be physically present for a meeting to convene properly.

Because the community association statutes do not provide an exception to the two-per-

son-present rule, a legislative fix became necessary. Initially considered an impossibility because the General Assembly adjourned before the coronavirus crisis strengthened its grip on the Commonwealth, an opportunity for a workaround came through the Budget Bills (House Bills 29 & 30).

Governor Northam proposed amendments to the Budget Bills, which the General Assembly approved during the Veto Session. Under the Budget Bill amendments, governing boards now can meet virtually, without any member of the governing board being physically present - during Governor-declared states of emergency - so long as certain requirements for meeting notice, owner access to the meeting and meeting minutes are met. The Budget Bill amendments expire June 30, 2022, so further legislation will be necessary to extend or expand the ability of governing boards to meet virtually.

Solar Panels – Legislation (House Bill 414 & Senate Bill 504) was again introduced to restrict the authority of community associations to regulate installation of solar energy collection devices. After collaboration with representatives of the solar panel industry and solar panel advocacy groups, a compromise was reached that preserves restrictions contained in recorded covenants as the “final say.” To the extent covenants are silent, community associations retain the authority to establish reasonable restrictions on the installation of solar panels. But now, a restriction may be deemed not to be reasonable if an owner provides sufficient information that the restrictions increase the cost of installation by 5% or reduce energy production of the installation by 10%.

Electric Car Charging Stations – Sticking with the renewable energy theme, a bill (Senate Bill 630) also was introduced to address installation of electric car charging stations. The bill adds a new section to both the Property Owners’ Association Act and the Condominium Act, but like with solar panels, the recorded declaration and condominium instruments still control. Associations have authority to establish restrictions on installation of electric car charging stations. The location of the installation is a significant factor – for example, association authority to regulate installation on a lot is less than an installation proposed for a limited common element, common element or common area, the latter two of which remain in the sole discretion of the association.

Political Signs – For the first time in several years, a bill (House Bill 720) was introduced to restrict community association authority to regulate the display of political signs. Because of an incredible outpouring of opposition to the bill from community association residents, leaders, managers and professionals, the bill was substantially amended to preserve contract rights retained in recorded covenants.

The result is an additional resale disclosure requirement – all association disclosure packets and resale certificates now must include a statement of any restrictions on the size, place, duration and manner of placement or display of political signs that are in effect in the community association.

Continued on page 20

Virginia Legislative Action Committee (VALAC)

Ensuring the LongTerm Well-Being of Your Community!

Virtual Meetings. VALAC leadership played a

key role in working with the Governor to insert language into the budget bills (HB29/HB30) to allow entirely virtual board meetings during a declared state of emergency.

This provision is valid through June 30, 2022, and VALAC is already aware of positive feedback from communities.

Therefore, VALAC may consider pursuing a legislative change to allow virtual meetings without a declared state of emergency.

Solar Panels. VALAC worked closely with industry

representatives and advocates to reach compromise on legislation intended to override restrictive covenants. The bill signed by the Governor establishes a reasonableness standard – a restriction may be deemed unreasonable if an owner can show that the restriction increases the cost of the solar panel installation by 5% or reduces energy production by 10%.

Political Signs. In what was truly one of the VA-

LAC’s largest legislative victories of the last several years, CAI activated hundreds of members from around the state to oppose a bill that would have allowed political signs even if prohibited by recorded governing documents. The bill was AMENDED HEAVILY. The bill signed by the Governor only requires disclosure of political sign restrictions in the association disclosure packet.

Electric Vehicle Charging Stations.

After working for two years on legislation, including testimony before the Virginia Housing Commission and countless hours in discussion with legislators, the bill signed by the Governor authorizes associations to establish limited restrictions on the installation of charging stations and preserves prohibitions established in the recorded governing documents or condominium instruments.

Smoking. Behind the scenes, VALAC SUPPORTED leg-

islation that would have prohibited smoking in any multiunit residential building, including a condominium. While the bill ultimately failed, the bill was referred to the Housing Commission for further study – at the suggestion of VALAC. ***Summary provided by Jerry M. Wright, Jr., ESQ. (Chadwick, Washington, Moriarty, Elmore & Bunn, PC).

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2020 Virginia Legislative Summary

Budget Bill & Virtual Meeting Requirements Budget Bill Amendments Amendment 28 to the Budget Bills (House Bill 29 and House Bill 30) provides boards with necessary relief from the physical assembly requirement of the community association statutes.

Boards of directors may meet without two members physically present during a Governor-declared state of emergency if (i) The nature of the declared state of emergency makes it impracticable or unsafe for the board to assemble in a single location and (ii) The purpose of the meeting is to discuss or transact the business statutorily required or necessary to continue operations of the community association and the discharge of lawful purposes, duties and responsibilities.

Boards must also meet certain requirements for notice, access, and meeting minutes.

Notice - Boards that convene a meeting in accordance with

the Budget Bill Amendments must give notice of the meeting to members (i) contemporaneously with the notice provided to the

board and (ii) using the best available method given the nature of the emergency.

Access - Boards must arrange for association members

to access the meeting. And, if the means of communication allows, boards must provide members with an opportunity to comment in accordance with community association statutes. How members can access the meeting and participate in open forum should be carefully planned and explained in the meeting notice.

Minutes – Minutes from board meetings convened pursu-

ant to the Budget Bill Amendments must state (i) the nature of the emergency, (ii) the fact that the meeting was held by electronic communication means and (iii) the type of electronic communications means by which the meeting was held. Following the meeting, the minutes must be distributed to association members by the same method used to provide notice of the meeting.

Virtual Meeting Requirements On-going Governor-declared State of Emergency.

Minutes of Meeting

Purpose of meeting must be to discuss or transact business that is required to continue operations and the discharge of lawful purposes, duties and responsibilities.

• Must be distributed to members following meeting by the same method used to provide notice of the meeting.

Notice of Meeting • Given to members contemporaneously with notice provided to board.

• Given using best available method given the nature of the emergency.

Access to Meeting • Members must have access to “attend” meeting.

• Members must be provided with an opportunity to comment on association matters.

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• Content of minutes must include: • The nature of the emergency, • The fact that the meeting was held by electronic communications, and • The type of electronic means by which the meeting was held.

Fair Housing – A significant number of bills were introduced to amend the Virginia Fair Housing Law – to expand the number of protected classes protected under the Fair Housing Law. Before July 1, 2020, the Virginia Fair Housing Law provided protections for eight protected classes – race, color, religion, national origin, sex, elderliness, familial status and disability. Effective July 1, 2020 four additional classes are protected – sexual orientation, gender identity, status as a veteran and source of income.

Minimum Wage – The General Assembly also adopted legislation that will increase the minimum wage in Virginia. Because of a delayed effective date brought on by the economic impact of the coronavirus crisis, the minimum wage will increase on May 1, 2021 to $9.50 per hour, then again on January 1, 2022 to $11.00 per hour and finally to $12.00 per hour on January 1, 2023. The minimum wage could increase to as much as $15.00 after 2023, but additional legislative action is necessary. Associations should anticipate increases in contract prices consistent with the increase in minimum wage and should budget accordingly.

Session Observations The 2020 session produced legislation helpful to community associations. The successful legislation is but half the story, however. The other half of the story are other bills that failed or have been carried over to next session. For example, one bill sought to abrogate governing documents and statutory law for calling member and board meetings. Another bill sought to prohibit smoking in multi-unit residential buildings, which would have included condominiums.

Long hours of work – discussion with stakeholders and talking with legislators to support or argue against measures – contributed to these successes.

The 2020 session required considerable effort from a committed cadre of volunteers working with well-regarded and effective legislative representatives – before and during the session.

It is expected and anticipated that the unsuccessful measures may find their way back and that other attempts to curtail and burden community associations will be introduced. You are invited and encouraged to join the cause – by participation in the Chapter legislative committee and contributing to the Legislative Action Committee and the Virginia Political Action Committee.

2020 Virginia Legal Issues Checklist Actions taken by the Virginia General Assembly to amend the laws that govern common interest community associations have a direct impact on administration and governance of community associations. As has become our tradition, The following checklist of actions community association volunteer leaders and managers should consider in order to prepare for changes to Virginia laws that become effective July 1, 2020 (unless otherwise noted), and to address developing legal trends.

5 Review procedures for preparation and delivery of resale disclosure documents to ensure that the disclosure packet and resale certificate: Include a statement of restrictions on the size, place, duration and manner of placement or display of political signs.

Contain all information required by law to avoid questions.

5 Review association policies restricting installation of solar panels and other solar energy collection devices: Ensure restrictions are reasonable and are applied taking into consideration the impact of the restrictions on the cost and energy production of proposed installations.

Implement a process requiring owners to provide documentation about cost and energy production.

5 Review association policies restricting installation of electric vehicle charging stations: Review recorded documents to identify restrictions on installation of electric vehicle charging station .

Develop rules to address installation of electric vehicle charging stations.

5 Develop procedures for conducting electronic Board meetings during Governor-declared states of emergency: Notice provided comteporaneously with notice provided to the Board, using the best available method given the nature of the emergency.

Members access to the meeting and, if the means used for meeting allows, open forum.

Meeting minutes state (i) nature of the emergency, (ii) the fact that the meeting was held by electronic communication means and (iii) the type of electronic communication means by which the meeting was held.

Meeting minutes distributed to members following the meeting by the same method used to provide notice of the meeting.

5 Amend governing documents to confirm authority to conduct Board and Member meetings virtually and to allow for electronic voting.

5 Review association Fair Housing-related policies: Incorporate changes to protected classes listed in Virginia Fair Housing Law. Incorporate guidance issued by U.S. Department of Housing and Urban Development concerning assistance animals.

5 For associations with employees – consider budget impact of increase in minimum wage (effective May 1, 2021). ***Checklist provided by MercerTrigiani.

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By Jane Rogers, ESQ. 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

On May 5, 2020, the Council took the further step of banning condominium act foreclosures as to owner-occupied, residential condominiums. That measure, Bill 23-750 is now Act 23-0317. As an emergency measure, it expires on August 11, 2020, unless extended.

Legislative Update

P

rior to the current pandemic, the DC Legislative Action Committee (DCLAC) had focused its goals on improvements to the DC Condominium Act, development of a draft homeowner’s association statute, reviewing proposed mold legislation, and negotiating new warranty bond legislation. However, the DCLAC’s legislative initiatives in the District of Columbia took a back seat once the COVID-19 emergency began. As Mayor Bowser announced stay at home orders and restrictions on the use of public and private spaces, community associations struggled to meet the needs of their owners while remaining in compliance

with initiatives that changed as the pandemic spread and more and more restrictions were needed. Little by little, the D.C. Council adopted emergency legislation, all temporary in nature, to provide protection for all D.C. residents, much of it prohibiting community associations from taking action to collect past due amounts owed to them.

On April 10, 2020, the Council adopted legislation (D.C. Act 23-286) revising provisions regarding debt collection, expanding the definition in a manner that prohibits creditors or debt collectors from the following list of actions: 1) initiate, file or threaten

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to file any new collection lawsuit; 2) initiate, threaten to initiate, or act upon any statutory remedy for the garnishment, seizure, attachment or withhold of wages, earnings property or funds for the payment of a deb to a creditor, etc. It also barred debt collectors from initiating any communications regarding a debt. It did not prohibit them from responding to a request from a debtor.

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On May 19 2020, the Council approved emergency legislation (B 23-757) to, among other things, modify the debt collector provisions to explicitly exclude condominium assessments from the definition of debt subject to the new restrictions. It further modified the prohibition on foreclosures to allow condominiums to send a warning notice advising that after the emergency is over, a delinquent unit owner will be the subject of a foreclosure sale of the lien for unpaid assessments. The legislation also extends the statute of limitations for condominium assessments. At the date of this writing, this legislation has been transmitted to, but not been signed by the Mayor.

Because of improving rates of infection in the District of Columbia, the Mayor is expected to announce plans to begin reopening businesses in the District of Columbia around the end of May. It is unknown if the announcement will result in additional legislation at the next legislative session of the Council in June, but each legislative session has presented new challenges to the DC Legislative Action Committee. Just following the new proposals, seeking changes to protect community associations, providing information to the CAI membership, and seeking support from the membership for each new initiate has involved hours and hours of volunteer time. All volunteers on the committee and all those who wrote letters and contacted Council members are thanked for their participation.

By Kimberley M. O’Halloran-Perez, ESQ. Kimberley O’Halloran-Perez is a principal with the law firm of Rees Broome, P.C. where she exclusively represents community association clients in Virginia, Maryland and West Virginia. Kim is also the Co-Chair of Rees Broome’s Community Association Practice Group and she is a past President of WMCCAI.

0 Virginia Resale 2 Disclosure Update 0 2 I

t feels as if every year an effort is made to amend the resale disclosure laws that impact Virginia Condominiums and Virginia Property Owners’ Associations. 2020 is no different than in prior years; however, with the upcoming 2020 election cycle, the issue of rules that govern the display of political signs on the individual lots within a community association was a particularly hot topic.

All the bills discussed below will take effect on Wednesday, July 1, 2020.

Many of you may have received the legislative alert sent earlier this year by the Virginia Legislative Action Committee (LAC) regarding the initial draft of House Bill 720. As originally drafted, the bill anticipated that a new Section 55.1-1820.1 would be added to the Virginia Property Owners’ Association Act that would restrict the ability of a Property Owners Association to regulate political signs on individual lots. Thanks to your overwhelming response and engagement as well as the actions of the Virginia LAC, House Bill 720 was amended to instead require that the resale disclosures for Property Owners’ Associations in Virginia must be updated to include a statement that details the “restrictions as to the size, place, duration and manner of placement or display of political signs by a lot owner on his lot.” The bill, as amended, is an improvement from the original draft as it allows existing Property Owners’ Association rules governing po-

litical signs to remain in effect, with proper disclosure, for the upcoming 2020 election season.

In addition, House Bill 176 and Senate Bill 672 modify the timelines detailed in Section 55.1-1990 of the Virginia Condominium Act and 55.1-1808 of the Virginia Property Owners’ Association Act for cancellation of a real estate sales contract for a lot or unit that is located within a community association.

There were also several bills amending the Virginia Residential Disclosure Property Act. The Virginia Residential Disclosure Property Act (VRDPA) details the required disclosures that the seller of any residential property in Virginia must make in conjunction with the sale of their unit or lot regardless of whether the lot or unit is located within a community association. Senate Bill 175 updated the required disclosures required for radon gas to highlight that a buyer is urged to exercise their necessary due diligence to confirm the presence of unacceptable levels of radon gas. House Bill 1342 and House Bill 1161 both updated the disclosures for lead pipes to also include a statement that the buyer is encouraged to use their own due diligence to confirm the existence of lead pipes. Senate Bill 628 and House Bill 574 update the residential property disclosure statement issued by the Virginia Real Estate

Board to advise purchasers to consider obtaining a residential building energy analysis. Section 54.1-1144 of the Virginia Code defines a residential building energy analysis as an “inspection, investigation, or survey of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation...”

Senate Bill 343 also amended the VRDPA to include a new disclosure as to the presence of any dam or impounding structure that is located on a lot or that is located on property within a community association that the buyer is required to join. SB343 was recommended by the Virginia Housing Commission. We expect that management and board members will receive new questions about the existence of any dams or impounding structures located on community association common areas as a result of this newly required seller disclosure.

A considerable amount of time and effort go into making changes that impact Association Management and, in turn, Association living. Without these ever-evolving legislative updates our boards would be governing based on the developers original words.

Thank you to all that contribute to helping this process.

JULY 2020

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By Scott Burka, CMCA, AMS, PCAM Scott is executive vice president of EJF Real Estate, co-chair of the DC LAC and has been active in association management and CAI for more than 25 years.

D.C. Pending Legislation

CONSTRUCTION WARRANTY BONDS

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rior to the stay at home orders, the DCLAC had been working closely with the staff of Council members Anita Bonds and Phil Mendelson to address the numerous issues being observed in the marketplace associated with new condominiums and problems with the warranty claims authorized to be presented under the Condominium Act.

Historically, some developers failed to provide warranty bonds in the proper amount, secured with the right bonding instrument or some provided no warranty security at all. Additionally, there was a general lack of transparency by the responsible governmental departments and confusion among associations regarding the process for perfecting claims for construction defects.

In general terms, a developer is required to place a bond with the city in an amount equal to 10% of construction costs and keep that bond in place for up to two years from the date of the first unit settlement for all common elements and 2 years for each unit from the date of its settlement.

The Department of Housing and Commu-

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nity Development (DHCD) has further confused associations with claims by imposing new requirements as to pricing of repair items and is now requiring three bids for items within the engineering report supporting the association’s warranty claim. While one of these can be pricing from the party performing the study on behalf of the association, this requirement is not specifically spelled out within the statute but DHCD has nevertheless insisted that it is required in order for the association to “perfect” its claim. This has created undue hardships for associations trying to comply, adding time to the process and leading to confusion as to which of the noted items must be priced, i.e. a small item like a door closer or only larger items such roof issues. Since no regulations were ever promulgated, there is no guidance providing clarification. Additionally, the requirement to provide bids is damaging vendor relationships as vendors are being called on to price these items with little likelihood of actually being awarded the work.

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Bill 23-621 set out to address these issues and others by: 1. Developer underestimation of the bond amount. The amount of the bond required is often understated by the developer, thereby limiting the pool of money available for a claim by the condominium. DHCD does not have the technical capability or resources to challenge it.

2. No uniform agency tracking system. Once a claim has been made against the bond, even when it’s is supported by a properly performed transition engineering study, DHCD often does not know until the claim has been filed that the appropriate security had not been maintained or that the security was ever posted in the first place.

3. Long delays. If a claim has been presented and the parties are unable to negotiate a resolution, DHCD takes too long to take the next step, which is to have a District engineer to inspect the building to confirm the claim. Even when the District does perform the engineering inspection, it often takes DHCD a long time to issue findings.

The legislation, through early February was set to be the subject of an initial hearing but has now been sidelined due to the COVID-19 pandemic. All parties working with new construction should follow this bill when it is again taken up and stayed informed through the DC Chapter of CAI and the DC Legislative Action Committee.

JULY 2020

| 25

Webinar Series

GETTING A

Fair Deal

Contract Negotiation Tips & Tricks Now more than ever, contract terms are being closely scrutinized and provisions invoked as community associations move forward with pending work and services. Brian Fellner, Esq. will take board members and managers through the essential portions of a contract,

Sponsors Chancellor

including termination, indemnification, and scope of work. Learn common legal terms and their meanings in the contract context, including gross negligence and for cause. Work through some common sticking points in contract negotiations and ways to address them to achieve favorable terms.

Registration Rates

When

Tuesday, July 9, 2020 12PM — 1PM

Where

Weblink will be emailed to registered attendees

MEMBERS

$20

|

NONMEMBERS

Who

This program will benefit Business Partners, Homeowners & Managers

How

$25

Visit www.caidc.org to register

Credits

This program is worth one (1) credit hour

7600 Leesburg Pike, Suite 100 West

E-mail: events@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

By Keith Tate, CMCA, AMS Keith is a portfolio manager at National Realty Partners. He has been a wellknown and trusted performer in the common interest community management and apartment management industries in Northern Virginia for the last eight years. Keith has managed condominium associations and a portfolio consisting of over 1,600 homes in Northern Virginia.

l e s n u o C Legal

Finding the Right

For Your Community

“The lawyer's truth is not Truth, but consistency or a consistent expediency.” – Henry David Thoreau

T

he board of directors for a community association has many daunting decisions they must make and one of them may be having to select legal counsel. With an abundance of attorneys available for hire, sometimes going with the lowest price may seem like the best option. However, there are elements the board should examine before making a final decision. This article will discuss three key factors for consideration.

First, the board should determine their biggest area of concern and what they primarily want their attorney for. The board should look to hire a well-rounded law firm with direct experience in representing associations.

As noted earlier, there is a copiousness of attorneys. Many may have real estate practice, but not all of them have extensive experience in community associations. The statutes and laws are continually updated, so ensuring you have an attorney that has substantial background and knowledge is imperative.

but can add up quickly if the association has a high rate of delinquency. Knowing the billing practices beforehand will allow for proper budgeting.

between the attorney and client is not always perfect, but you should feel comfortable with the attorney’s ability to provide you with prompt, regular responses to your questions.

Finally, the board should consider the communication aptitude of the law firm.

Communication is a critical aspect of the attorney-client relationship, including both direct lines between the board and the attorney, as well as with the associations managing agent when applicable. Communication

Choosing legal counsel for a homeowner’s association is not easy and should not be.

Take the time to ensure all your needs are being met and you feel you will have a strong working relationship to best move the community forward in their goals and responsibilities.

Second, the board should review the attorney’s billing practices. Billing structures vary among attorneys. They can include hourly billing, fixed fees, retainers, and contingent fees. Retainers are used when an association pays an upfront fee to ensure that the attorney will be available when needed. The board should also review the collection and litigation fees. These fees may be minimal 974740_Miller.indd 1

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2020 WMCCAI Legal Resource Directory

Legislative Action Committees.......................................................................................................... A Legislative Committees....................................................................................................................... A CCAL Members....................................................................................................................................... B WMCCAI Law Firms................................................................................................................................ C Chapter Benefactors............................................................................................................................ D Chapter Patrons.................................................................................................................................... D Chapter Supporters.............................................................................................................................. D

Special Section

Special Section WMCCAI’s 2020 Legal Resource Directory lists all law firm members as of May 2020. 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.

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 WMCCAI members. Scott Burka, CMCA, AMS, PCAM and Jane Rogers, ESQ. co-chair the District of Columbia

Legislative Committee; Scott Silverman, ESQ. and Aimee Winegar, CMCA, AMS, LSM, PCAM co-chair the Mar yland 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.

PROVIDING LEGAL SERVICES TO COMMUNITY ASSOCIATIONS IN SUBURBAN MARYLAND SINCE 1984 COLLECTIONS ❙ CONTRACT REVIEW AND PREPARATION ❙ DISPUTE RESOLUTION ❙ COVENANTS ENFORCEMENT ❙ GOVERNING DOCUMENT AMENDMENTS Legislative Chair/Montgomery County G:\Adoc\TCS\MARKETING\Advertisement -2019-Quorum Ad.050719.docx 600 Jefferson Plaza, Suite 308 Rockville, MD 20852

Phone: 301-762-8475 Fax: 301-762-1180

CCOC

www.davidgardnerlaw.com dgardner@davidgardnerlaw.com

D.C. LAC is chaired by Jane Rogers, ESQ. and Scott Burka, CMCA, AMS, PCAM. Maryland LAC is chaired by Steve Randol. 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

Keep Current on Legal News and Trends!

schildlaw.com

Attorneys for Community Associations in Maryland and the District of Columbia Thomas C. Schild  Scott J. Silverman (301) 251-1414

law@schildlaw.com

2020 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.

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 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

Providing legal services to communities in Virginia, the District of Columbia, Maryland and Delaware Falls Church, VA − 703.280.9260 Richmond, VA − 804.977.3300 Washington, DC − 202.659.6800 Rockville, MD − 301.804.3610 Ocean City, MD − 443.856.6410 Bethany Beach, DE − 302.829.3040 Wilmington, DE − 302.353.4144 www.wtplaw.com B | QUORUM

Special Section

The following WMCCAI members are also fellows of CCAL: Brendan P. Bunn Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Ursula K. Burgess Esq. Rees Broome, P.C. Kenneth E. Chadwick Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Robert M. Diamond Esq. Reed Smith, LLP

Joseph D. Douglass Esq. Whiteford, Taylor & Preston, LLP

Joel W. Meskin Esq. McGowan Program Administrators

Lucia Anna Trigiani Esq. MercerTrigiani

Andrew G. Elmore Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

P. Michael Nagle Esq. Nagle & Zaller, P.C.

Allen Warren Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

William Bradley Mason Esq. Segan, Mason & Mason, PC David S. Mercer Esq. MercerTrigiani

Thomas C. Schild Esq. Thomas Schild Law Group, LLC Andrew J. Terrell Esq. Whiteford, Taylor & Preston, LLP

Wil Washington Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

Law Firms of Washington Metropolitan Chapter Community Association Institute Alderman, Devorsetz & Hora, PLLC Washington, DC (202) 969-8220 www.adhlawfirm.com

Gardner Law Firm, PC Rockville, MD (301) 762-8475 www.davidgardnerlaw.com

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

Andrews Law Group, LLC Ijamsville, MD (301) 444-0050 www.andrewlawgroupllc.com

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

Sands Anderson, PC McLean, VA (703) 893-3600

Caulkins and Bruce, PC Arlington, VA (703) 558-3670 (696) caulkinsbruce.com

Jackson & Campbell, P.C. Washington, DC (202) 457-1634 www.jackscamp.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 Manassas, VA (703) 506-9440 (224) 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 Elmore & Throop, P.C. Severna Park, MD (410) 544-6644 www.elmore-throop.com

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

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

Weisbrod, Matteis, & Copley PLLC Fort Laudedale, FL (954) 947-8607 Whiteford, Taylor & Preston, LLP Falls Church, VA (703) 280-9266 www.wtplaw.com

Thomas Schild Law Group, LLC Rockville, MD (301) 251-1414 www.schildlaw.com

Law Office William A. Marr, Jr. Fairfax, VA (703) 691-2800 www.williammarr.com Law Offices of Lawrence I. Wachtel Rockville, MD (301) 340-7511 Lerch, Early & Brewer, Chartered Bethesda, MD (301) 986-1300 www.lerchearly.com McMillan Metro, P.C. Potomac, MD (240) 778-2308 www.mcmillanmetro.com MercerTrigiani Alexandria, VA (703) 837-5008

Fellner Legal Services, LLC Severna Park, MD (443) 906-0117

Nagle & Zaller, P.C. Columbia, MD (410) 740-8100 (127) www.naglezaller.com

Ford Law Pros, P.C Washington, DC (202) 792-4946 www.fordlawpros.com

Reed Smith, LLP McLean, VA (703) 641-4273 www.reedsmith.com 2020 WMCCAI LEGAL RESOURCE DIRECTORY

|C

Special Section Chapter Benefactors

ASPHALT & CONCRETE

Chapter Patrons

Chapter Supporters

Barkan Management LLC, AAMC

Atlantic Union Bank

Community Association Underwriters of America Jackson & Campbell McFall & Berry Landscape Management, Inc. Miller Dodson Associates, Inc. Windows Plus, LLC

C

BB&T Association Services BELFOR Property Restoration Gates Hudson Community Management, AAMC

Sequoia Management Company, Inc., AAMC Thomas Downey, Ltd. USI Insurance

Goldklang Group CPAs, P.C. Lerch, Early & Brewer, Chartered

Attorneys Exclusively Representing Community Associations Throughout Virginia and the District of Columbia.

Effective and Comprehensive Legal Counseling for HOA’s, Condominiums and Cooperatives

MEMBER OF

Governance, Litigation & Operations Strategy Collections & 24/7 Status Reports

chadwickwashington.com D | QUORUM

703-352-1900

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20/11/19 12:19 PM

By Steve Randol

By Jerry M. Wright, Jr., ESQ.

Steven is President of the board of directors for Pinery Orchard Community Association in Odenton, Maryland, and currently chairs the CAI Maryland Legislative Action Committee. Prior to retiring, he served 39 years as an Army and DOD civil servant, serving 21 years in logistics planning and operations.

Jerry is a Principal with the firm of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., and he practices in the firm’s Richmond (Glen Allen), Virginia office. His practice is devoted to community association law, and he is actively involved with the CVC, SWVA and SEVA Chapters of CAI. He was elected to the CVCCAI’s Board of Directors in 2007, was the acting President for much of 2009, and was its President in 2010. Since then, he has received the President’s Award and Past President Award from the Chapter. He is also involved with CVC and SWVA CAI’s Legislative Committees. In 2017, Jerry was elected as Chair of CAI’s Virginia Legislative Action Committee (“VALAC”), a cooperative joint effort between the three CAI Chapters in Virginia, coordinating CAI’s legislative efforts with Virginia General Assembly throughout the year. He continues to serve VALAC in that capacity today.

Bills “ ” in 2020: Virginia and Maryland

E

very year, coming off a Virginia General Assembly session, we in the community association industry dust off our clothes, mend our wounds, and work to report to all of you what the new laws will be as of July 1st.

However, many do not pass. These bills die for a reason, as they are typically more apt to cause one to scratch one’s head. Last year alone, CAI’s Virginia Legislative Action Committee (“VALAC”) handled bills

allowing political candidates full access to campaign door-to-door in condominium buildings, requiring jail time and up $50K in fines for violating ANY provision of the Condo Act, allowing “Cousin Eddie” to park his

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34 | QUORUM

RV in a community for up to 3 months, and the attempt to completely deregulate common interest community managers after years spent working to obtain and maintain licensure?

My all-time favorite dead bill, though not related to community associations, was the proposed $8,000 tax break for any Virginian who agrees when they die to have their remains launched into orbit around the Earth. Talk about sending prayers up to the heavens – figuratively and literally.

Committed to our communities For 30 years, BB&T Association Services has provided solutions specifically designed to meet the needs of property management companies and community associations. You can count on us to be your trusted partner. BBT.com/AssociationServices

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Below are three selected legislative bills related to common interest communities that did not reach the finish line during the 2020 Virginia General Assembly. While they are not as “out of this world” as others, there are some that would at least illicit that head-scratch.

Tavarious Butts, VP, Relationship Manager 703-284-0561 • Tavarious.Butts@BBandT.com

• Politicians...Again (HB720). While this bill did not completely die this year, it came out of the General Assembly relatively hobbled. The part that died would have allowed owners to place any type(s) of political sign(s) on their lots. Thanks to the hustle and response of our CAI members across the Commonwealth, putting pressure on the Patron of the Bill, this portion of the Bill was withdrawn.

• This Board Meeting brought to you by…One Director (SB416).

In its original form, Senate Bill 416 would have authorized 10% of a Board to call a special meeting of the Board. In other words, for any Board that is comprised of up to 10 directors, it would take only one director to call a Board meeting for any reason.

 Payments by ACH and online  Coupon books and statements

Branch Banking and Trust Company is a Member FDIC and an Equal Housing Lender.

Loans are subject to credit approval. Only deposit products are FDIC insured. © 2019, Branch Banking and Trust Company. All rights reserved.

• “Smoking in the Boys Room!” or in Condos (HB 1338). We did 983843_BBandT.indd not see this bill coming, but it was somewhat of a pleasant surprise for our high-rise condo managers and boards. HB 1338 proposed prohibiting smoking in any multi-family residential building, including condominiums or other attached private dwellings, with a civil penalty of up to $25 and any action that can be taken by a condo association, coop association or property owners association. It would have cleared up any gray areas of enforcement against smoking in Units, but the bill was referred to the Housing Commission for discussion in the off-season.

1

21/10/19 2:04 PM

Maryland General Assembly also reviewed a significant number of bills related to common interest communities in 2020 and, through the hard work and opposition of the CAI Maryland Legislative Action Committee (“MD LAC”), many of them failed. Steve Randol, the Chair of the MD LAC reported that three of the most notable bills that were opposed and did not pass were: • Legally mandated association reserve studies • Required registration of property managers • Proposed changes to sales and use taxes that were averse to associations Bills die in many different ways, both in Virginia and in Maryland, but one constant is that they can always be resurrected! Stay tuned!

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Directory and Classifieds ASPHALT PAVING/MAINTENANCE/REPAIR

INSURANCE

MANAGEMENT SERVICES (CONT’D)

Brothers Paving & Concrete Corporation 9469 Hawkins Dr T: (703) 393-1927 Manassas, VA 20109 F: (703) 393-1928 Paul Battista info@brotherspaving.com

Griffin Owens Insurance Group www.GriffinOwens.com 847 Station Street, Herndon, VA 20170 T: (571) 386-1000 Offices also located in Falls Church & Manassas Daniel Flavin, CIC, CRM dan@griffinowens.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

Dominion Paving and Sealing 290 N. Brewster Lane T: (800) 728-3312 Purcellville, VA 20132 www.dominionpaving.com Josh Schiffer info@dompave.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

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 BANKING & FINANCIAL SERVICES

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

Tavarious Butts T: (703) 284-0561 Tavarious.Butts@BBandT.com ENGINEERS

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

Ploutis 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

36 | QUORUM

JANITORIAL

Clean Advantage Corporation 9701 Philadelphia Court, Suite G-7 T: (800) 315-3264 Lanham, MD 20706 F: (301) 595-3331 www.cleanadv.com info@cleanadv.com 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 jstitos@cmc-management.com Barkan Management, LLC AAMC 8229 Boone Blvd., Suite 885 T: (703) 738-2501 Tysons Corner, VA 22182 F: (703) 388-1006 Michael Feltenberger, CMCA, AMS, PCAM Senior Vice President CAMP, AAMC (Community Association Management Professionals) www.gocampmgmt.com T: (703) 821-CAMP 4114 Legato Road, Suite 200 Fairfax, VA 22033 hgraham@gocampmgmt.com 209 West Street, Suite 302 Annapolis, MD 21401 sblackburn@gocampmgmt.com Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 Fairfax, VA 22033 L. Peyton Harris Jr., CMCA, CPM lph@capitolmanagementcorp.net

T: (703) 934-5200 F: (703) 934-8808

Capitol Property Management Corporation, AAMC 3914 Centreville Rd, Suite 300 T: (703) 707-6404 Chantilly, VA 20151 www.capitolcorp.com Jeff Lawrence, CMCA, AMS, PCAM jlawrence@capitolcorp.com Cardinal Management Group, Inc., AAMC 4330 Prince William Parkway, Suite 201 T: (703) 569-5797 Woodbridge, VA 22192 www.cardinalmanagementgroup.com cardinal@cardinalmanagementgroup.com Thomas A. Mazzei, CMCA, AMS, PCAM 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@cfmmanagement.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 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 Legum & Norman Inc. AAMC 3130 Fairview Park Drive Ste 200 T: (703) 600-6000 Falls Church, VA 22042 www.legumnorman.com Marc B. McCoy, CMCA, AMS MMcCoy@legumnorman.com

­­INDEX TO ADVERTISERS A Associa-Community Management Corporation, AAMC....................................................................32 B Barkan Management, LLC, AAMC..................................................................................................16 BB&T Association Services.............................................................................................................35 Brothers Paving & Concrete..............................................................................................................4 C Capital Painting Co.........................................................................................................................25 Cardinal Management Group, Inc...................................................................................................34 Chadwick, Washington, Moriarty, Elmore & Bunn P.C....................................................................... D MANAGEMENT SERVICES (CONT’D)

Sentry Management www.sentrymgt.com 7619 Little River Turnpike, Suite 210 T: (703) 642-3246 Annandale, VA 22003 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20171 Dave Ciccarelli, AMS, PCAM dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle T: (703) 803-9641 Chantilly, VA 20151-2283 www.sequoiamanagement.com Craig Courtney, PCAM ccourtney@sequoiamgmt.com

CIT - Community Association Banking & CondoCerts......................................................................22 Clean Advantage Corporation T/A Condominium Cleaning Service..................................................40 Cowie & Mott................................................................................................................................... C D DoodyCalls.....................................................................................................................................11 F The Falcon Group...........................................................................................................................16 FirstService Residential DC Metro, LLC, AAMC................................................................................39

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 Reston Painting & Contracting 619 Carlisle Drive Herndon, VA 20170 David Hamilton

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

G Gardner Engineering, Inc................................................................................................................15 Gardner Law Firm, P.C..................................................................................................................... A M Miller-Dodson Associates................................................................................................................27 P

RESTORATION SERVICES

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

Ploutis Contracting Co., Inc.............................................................................................................39 R Reston Painting Company................................................................................................................2 S Segan, Mason & Mason, PC...........................................................................................................12

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

Sentry Management, Inc.................................................................................................................35 Solitude Lake Management..............................................................................................................7 T Thomas Schild Law Group, LLC....................................................................................................... A

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

TWC Services.................................................................................................................................25 W Whiteford, Taylor, Preston Law......................................................................................................... B Windows Plus, LLC.........................................................................................................................24 WINTRUST Community Advantage Bank.......................................................................................14

JULY 2020

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JULY 2020

| 39

2020 CHAPTER BENEFACTORS

ASPHALT & CONCRETE

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

PRESORT STANDARD US POSTAGE PAID ALEXANDRIA, VA # 5659

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