Quorum — July 2017

Washington Metropolitan Chapter Community Associations Institute

JULY 2017

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

Legislative Update

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JULY 2017

­CONTENTS 12 D.C. Legislative Update

BY JANE ROGERS, ESQ.

14 2017 Maryland Legislative Update

BY PETER PHILBIN, ESQ.

16 Virginia General Assembly Report

BY LUCIA ANNA “PIA” TRIGIANI, ESQ.

20 A Legislator’s Perspective: Maryland Legislator and Housing

BY MARVIN E. HOLMES, JR.

22 A Legislator’s Perspective: Community Associations and the Virginia Assembly

BY DAVID L. BULOVA

DEPARTMENTS AND MORE 5 Message from the President 6 Chapter Benefactor: Brothers Paving 6 Quorum Magazine Editorial Calendar 7 Welcome New Members 8 Upcoming Events 10 People & Places 17 2017 Virginia Legal Issues Checklist 19 Event Flyer: Summer In The City Happy Hour 25 Dollar A Door 29 Event Flyer: 2017 Golf Classic 36 Classifieds 37 Index to Advertisers

24 The Prince George’s County Office: Commission on Common Ownership Communities.

BY DARIA BAILEY

27 New Chapter for the Chapter

BY JAIME BARNHART, CMP

28 Could Your Community Be Deemed a “Hostile Environment”

30 Recruiting Citizen Lobbyists

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

BY DAWN M. BAUMAN, CAE, SVP

32 Maryland Local Legislative & Legal Update

BY THOMAS C. SCHILD, ESQ., CCAL

34 Behind the Scenes in Richmond with the LAC and the PAC

WMCCAI MISSION STATE­MENT

BY JUDYANN LEE

BY BETSY JOHNS, CMCA, PCAM

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 2017

|3

President Bruce H. Easmunt, ESQ. President-elect Sarah Gerstein, CMCA, AMS, PCAM Vice President Rafael A. Martinez, CTP Secretary Michael Gartner, ESQ. Treasurer Airielle Hansford, CMCA, AMS, PCAM Immediate Past President Jeremy M. Tucker, ESQ. (ex officio) Executive Director Jaime Barnhart, CMP (ex officio)

D IRECTORS Gordon Boezer, Thomas Burrell, Dorothy Firsching, PMP, Kristen Melson, CMCA, AMS, PCAM, Ted Ross, Todd A. Sinkins, ESQ., Elizabeth Schultz, CMCA, AMS, PCAM, John Tsitos, CMCA, AMS, PCAM, and Stephen Wright, CMCA, AMS, LSM, PCAM

CO U N C I L C HAI R S Communications Council Crishana Loritsch, CMCA, AMS, PCAM Education Council Jennifer Bennett, CMCA, AMS, PCAM Member Services Council Ruth Katz, ESQ.

CO MM I TTE E C HAI R S Conference & Expo William Cornelius and Donna Aker, CMCA, AMS, PCAM D.C. Legislative/LAC Jane Rogers, ESQ. Education Kevin A. Kernan, ESQ. and James Santos, CMCA, AMS Golf Elizabeth Rudolph, AMS, PCAM and David Crone, CMCA, AMS Maryland Legislative Thomas Schild, ESQ., CCAL Outreach Lenard Goldbaum, AMS, PCAM and Sara Ross, ESQ. Membership Joe Inzerillo and Jarold Martin Quorum Editorial Susan L. Truskey, ESQ. and Nicole Williams, ESQ. Chapter Events June Chulkov and Bernie Guthri, CMCA, AMS, PCAM Virginia Legislative Ronda DeSplinter, LSM, PCAM and William A. Marr Jr., ESQ.

QU O RUM Managing Editor Diane Sohn, dsohn@caidc.org Design Six Half Dozen

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

Quorum is the award-winning premiere publication of WMCCAI, dedicated to providing WMCCAI’s membership with information on community association issues. Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all presented facts in articles. WMCCAI does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. This publication is issued with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services and nothing published in Quorum is intended to constitute legal or other professional advice and should not be relied on as such.

If legal advice or other expert assistance is required, the services of a competent professional should be sought directly by the person requiring such advice or services.

Articles appearing in Quorum may not be reprinted without first obtaining written approval from the editor of Quorum. In the event that such permission is granted, the following legend must be added to the reprint: Reprinted with permission from Quorum™ magazine. Copyright 2017 Washington Metropolitan Chapter Community Associations Institute. Quorum is a trademark of WMCCAI.

GET INVOLVED! Each year, legislators in Maryland, D.C., Virginia and all throughout the nation consider and/or adopt new legislation affecting common interest community associations. In this issue, WMCCAI provides you with an update as to the specific Virginia, Maryland and D.C. laws that have passed for 2017, and how they may affect your common interest communities. As we have seen over the years, the nationwide trend has been to increasingly attempt to legislate the operations of community associations - unfortunately at times in response to certain homeowner’s perceived negative experiences with their respective associations.

FROM THE PRESIDENT

O FFICE R S

To offset this unfortunate portrayal and negative effect on community associations and their volunteer leaders, we encourage you to individually become more involved in the legislative process. There are numerous opportunities available to participate, ranging from financial contributions, communicating directly with your legislators, or even providing your own personal testimony in support of (or against) a particular bill.

Nationally, CAI has created legislative action committees (LACs) to speak on behalf of common interest communities with one united voice on legislative and regulatory matters that affect associations in their respective states. WMCCAI is honored to support the efforts of the Virginia LAC, Maryland LAC, and D.C. LAC, and we thank each of the LAC volunteers who devote immeasurable time and energy to this cause. These LACs are responsible for identifying legislative issues of importance to community associations in our area and helping to set specific legislative priorities. The D.C., Maryland and Virginia LACs have focused on providing education and fostering relationships with their respective legislators so that CAI is recognized as the leading resource for legislative issues surrounding community associations in the D.C. metro region.

I encourage you to support the efforts of your local LAC to ensure that they have the funding to continue to provide a high level of advocacy on behalf of our area’s community associations. Financial contributions to their cause can be made through CAI national’s website, www.caionline.org.

I would also encourage you to reach out to your local LAC and ask how you can best involve yourself in the legislative process. Together we can help steer the legislative process in a more positive direction, one that will hopefully benefit (or at least lessen the burden on) our area’s community associations.

BRUCE H. EASMUNT,

ESQ.

Bruce a senior associate in the law firm of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. His practice is devoted to community association representation. He has previously served as president of a condominium unit owners’ association and as vice president of a master association, both in Falls Church, VA. Bruce was elected to serve on the WMCCAI Board in 2012, he has authored articles in Quorum, presented at CAI education seminars, and chaired the WMCCAI Outreach Committee. He was awarded the WMCCAI Rising Star in 2011, Committee Chair of the Year in 2012, and Educator of the Year in 2015.

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.

JULY 2017

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CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

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

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

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

Our range of services include: • Asphalt Overlay • Concrete Construction • Asphalt Repair • Concrete Repairs • Asphalt Surface Milling/Edge Milling • Dumpster Pads • Asphalt Sealcoating

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Understanding our customers’ needs combined with our history of delivering superb service has resulted in a trust and comfort level you can count on at Brothers Paving & Concrete Corporation.

QUORUM MAGAZINE EDITORIAL CALENDAR

Month Theme August Annual Meeting Review September Budget/Finance October Parking November Home for the Holiday *Themes subject to change.

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Article/Submissions Ads Due Due June 1 June 17 July 1 July 17 August 1 August 17 September 1 September 17

CHAPTER NEWS

Welcome New Members WMCCAI proudly welcomes the following members who joined the Chapter in May 2017.

National Business Partners Association Dues Assurance Corporation (ADAC) Malarkey Roofing Products Individual Managers Lynn A. Dean Amanda J. Harrison Kayla R. Hutson, SFMC, Inc., AAMC Polina I. Kolomiets Kathleen M. Kormondy, CMCA Stephanie Martin, Gates Hudson Community Management, AAMC Johnathon P. Redmond Justin C. Storcks, SFMC, Inc., AAMC Kimberly Williams, Associa-Community Management Corporation, AAMC

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UPCOMING EVENTS

JULY 22

Membership Open House 9 a.m. – 12 p.m.

Oak Creek Club Homeowners Association 14505 Mary Bowie Parkway Upper Marlboro, MD 20774

Want to know more about membership in CAI or what makes a winning community? Join us for a membership open house on July 22 to discuss the benefits of CAI membership. Two board members whose communities won the 2016 Community Association of the Year award will also be on hand to discuss the different facets of a well-run community. This event is designed for nonmembers. Current CAI members are welcome and invited to bring a nonmember as a guest.

JULY 25

Summer in the City Happy Hour 5 - 7:30 p.m.

Penn Social 801 E Street, NW Washington, D.C. 20004

We’re bringing happy hour downtown to enjoy the D.C. summer. Drinks specials, hors d’eourves, and summer fun! Your first drink is on us!

Visit www.caidc.org to register online.

Early Bird After July 11 Homeowner Member $30 $55 Nonmember $55 $80 Manager Member $30 $55 Nonmember $55 $80 Business Partner Member $55 $80 Nonmember $80 $105 SEPTEMBER 21

2017 Golf Classic 9 a.m. – 6 p.m.

Bull Run Golf Club 3520 James Madison Highway Haymarket, VA 20169

Enjoy a day on the course playing golf, winning prizes, and networking. Not a golfer? Join us for a cornhole tournament with beverages, snacks, prizes, post-play banquet, and more.

Visit www.caidc.org for more details or to register. Sponsorships are still available for both golf and cornhole events. Contact events@caidc.org.

Early Bird After August 18 Registration Single Player $285 $335 Foursome $1,100 $1,300 Cornhole $75 $125

SEPTEMBER 28

Save The Date Manager Luncheon

Join WMCAAI for lunch and networking. Learn from our experts as they discuss aging building and facilities management.

12 – 3 p.m.

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

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PEOPLE & PLACES

WMCCAI Receives Achievement Award for Strategic Plan

The CAI Washington Metropolitan Chapter was selected to receive an achievement award for its strategic plan submission in the Chapter Management/Development category at the CAI National Conference. Check out the strategic plan https://lnkd.in/dhNV9Ui .

Calling All Speakers…..

We want you to be a part of our education initiatives, giving your peers the knowledge and skills they need to be better managers, board members, and industry professionals!

The 2018 Call for Presentations will open July 5, 2017 and run through August 9, 2017. Check our website, www.caidc.org, for updates later this month.

WMCCAI Celebrates Twenty Years of Donating Their Time and Resources to Landscape the Grounds of the Ronald McDonald House

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WMCCAI Welcomes New Event Manager Carla Cobos Hull joined WMCCAI as the event manager in May 2017.

With more than 15 years’ experience in event management, Carla has planned events domestically and internationally for 40 – 2,000 attendees. Carla’s energy and creativity will bring the chapter’s events to the next level.

Washington Metropolitan Chapter Community Associations Institute (WMCCAI) members along with Heritage Landscape Services donated their time and resources to landscape the grounds of the Ronald McDonald House at INOVA Fairfax Hospital on Saturday, May 20.

For the twentieth year, the Ronald McDonald House beautification project joined homeowners, industry professionals, and service providers along with their families for a morning of digging and planting to brighten the lives and hearts of the residents of Ronald McDonald House.

Ronald McDonald House provides a home-away-fromhome for families of seriously ill children receiving care at the INOVA Fairfax Hospital in Fairfax, Va. Heritage Landscape Services, a WMCCAI member from Sterling, Va., donated all materials, plants, mulch, and a crepe myrtle tree as well as their expertise to help the volunteers provide the Ronald McDonald House grounds with a bright spring look.

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JULY 2017

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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.

D.C. Legislative Update T

he past year was a busy legislative year in the District of Columbia. Although many issues with a potential impact on community associations were followed by the District of Columbia Legislative Action Committee (“DC LAC”), only one bill with a direct impact on condominiums was adopted.

Amendments to D.C. Condominium Act On April 7, 2017, amendments to the D.C. Condominium Act (“the Act”) went into effect. First introduced in 2015, the legislation known as the Condominium Owner Bill of Rights Amendment Act of 2015, B21-0443 was introduced by Council Members Anita Bonds, Mary Cheh, and Brandon Todd on October 20, 2015. It was adopted by the Council on December 20, 2016, and signed by the Mayor on February 9, 2017. Due to the mandatory congressional review period, the legislation did not go into effect until April 7, 2017.

As originally introduced, the legislation would have required condominiums to participate in a mandatory mediation process before undertaking a foreclosure sale for unpaid assessments under the terms of the Act. Over the past year, the District of Columbia Legislative Action Committee (“DC LAC”) devoted many hours and resources working with D.C. Council staff members and public 12 | Quorum­

interest stakeholders on this proposal. The legislation, as finally adopted, has three primary features: First, it creates a 14-member condominium advisory council (consisting of appointees from each ward as well as certain industry professionals and representatives of D.C. government agencies). Second, it establishes a Condominium Owner’s “Bill of Rights and Responsibilities” – basically a restatement of rights and obligations already articulated in the Act (this summary to be provided by declarants to new condominium unit owners and posted on the DHCD website). Finally, the legislation adds detailed notice provisions and requires condominium associations to provide certain disclosures before undertaking foreclosures or taking legal action to collect past due assessments.

The advisory council is designed to provide a forum for condominium unit owners to voice concerns about condominium governance, to consider policy matters affecting condominium associations and to provide resources for condominium unit owners with questions. The advisory council’s precise mandate is unclear at this time.

The new notice requirements of the Act are the features that will have an effect on the day-to-day operations of most condominium associations. Although much of the

burden of compliance will be borne by the management companies and/or law firms who assist with the collection of unpaid assessments, all association should be aware of and take care to comply with the new requirements.

First, all notices sent to unit owners indicating an intention to take legal action must include language that identifies potential resources a delinquent owner may contact to receive assistance. The statute specifies the language that must be included in that notice and the font size that must be used when printing the notice.

Second, condominium associations utilizing the foreclosure provisions of the Act must now comply with new, detailed notice requirements. The Act now requires that all foreclosure notices be sent to each lienholder of record, providing detailed information regarding the foreclosure.

• •

•

Notices must state the past due amount being foreclosed upon State whether the foreclosure is a sixmonth priority lien foreclosure or a foreclosure sale of the full lien amount Include the subject to the first trust advice that the sale will take place at a date that is at least 31 days from the date of notice if full payment is not received before the sale date

• •

•

•

Include a statement of account with a breakdown of the amounts owed If the amount outlined in the notice is not the total amount due, the notice must include instructions on how the unit owner may request a full account statement.

Foreclosure notices must also the mandatory notice regarding resources available to help unit owners.

Notices of foreclosure, which in the past were sent by certified mail now, may now be sent by any delivery method that provides tracking

Other Legislation/Outlook

The LAC will continue to monitor D.C. Council legislation that may impact community associations in the District of Columbia. Over the past year, the LAC has encouraged and co-sponsored education programs to increase awareness of the

resources available through CAI and to increase the understanding of best governance practices as well as the rights and responsibilities of members of community associations in the District of Columbia.

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Short-term Leasing Legislation Short-term leasing legislation introduced

by Council member McDuffie (Bill 22-92) was the subject of a lengthy hearing on April 26, 2017. Todd Sinkins, ESQ. testified on behalf of the DC LAC at that hearing. The legislation, if adopted, would impose certain licensing and other requirements on those engaging in the short-term leasing of properties in the District of Columbia. The legislation remains under Council review.

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Manager Licensing Legislation Legislation to address community association manager licensing have not been introduced at the time of this writing but have been the subject of discussion with Council staff members, who have expressed interest in adopting a program similar to requirements adopted in Virginia. At this time, it appears that the Council is seeking more input from affected stakeholders before introducing this legislation.

Remedial Funding for Common Interest Communities A bill known as the Common Interest Communities Remedial Funding Act of 2017 (Bill 22-273) was introduced on May 2, 2017, by Council member Bonds. This legislation is intended to provide grants to financially struggling condominiums and cooperatives in the District of Columbia. The Council is concerned about preserving affordable housing and recognizes that some limited equity cooperatives and condominiums serving low to moderate income communities would benefit from a source of funding to undertake critical structural repairs.

JULY 2017

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By Peter Philbin, ESQ. Peter is the managing shareholder of Rees Broome, PC and practices community association law in Maryland and Virginia. He heads the firm’s Bethesda office. Peter co-chairs the Maryland Legislative Action Committee.

2017 Maryland Legislative Update

T

he Maryland Legislative Action Committee (the “LAC”) was kept extremely busy during the 2017 Maryland General Assembly. Hundreds of collective hours were spent by LAC volunteers reviewing bills, drafting testimony for or against, testifying and consulting with the full LAC and subcommittees, working with our lobbyists, meeting with legislators and other decision makers and testifying for and against bills.

Hats off to the volunteers that gave so willingly and generously of their time for LAC work, which is year-round but certainly peaks in December through April of each year.

What’s New? (effective 10/1/17 unless otherwise noted)

Notice of Foreclosure (HB 1048/SB 875) Persons filing foreclosure actions are required to file a notice of such filing with the Department of Labor, Licensing and Regulation (DLLR) within seven days of such filing. The notice will be required to specify a name, address and telephone number of the person authorized to make the sale and the person authorized to maintain and manage the property before sale. DLLR is expressly permitted to provide such information to homeowners and condominium associations. (Note effective October 1, 2018).

14 | Quorum­

Sale of Common Areas

Amendment of Governing Documents

(HB1369/SB809)

(HB789)

The bill originally was drafted to require notice of certain common element sales by the governing body of the County or other entity selling common area. The bill would have helped address the sale of common areas (primarily HOAs as opposed to condominiums) due to unpaid Clean Water Act taxes.

Unfortunately, the bill was amended after introduction to eliminate any additional notice by the counties to associations, while mandating association notice of such sales.

How associations will comply with the new law, when often they are not notified of such sales, is something that the LAC attempted to address this year and intends to attempt again in 2018.

Termination of Utility Service in Multifamily Buildings (HB261)

Permits tenants and owners/landlords of units in multifamily buildings to agree to permit the utility to notice the owner or the owner’s agent before suspending utility service. The LAC’s efforts to require notice to the “buildings” community manager was opposed. However, condominium associations may want to consider whether to review its leasing rules/lease addendums to determine if the association is at least able to include language requiring tenant authorization for notice of cancellation to the owner/owner’s agent.

This bill will reduce to 60% the number of votes that will be needed to approve an amendment to the governing documents of a homeowners association or bylaws of a condominium (unless the governing documents or bylaws provide a lower requirement). Also, the bill excludes from the 60% computation members that are not in “good standing” (i.e., more than 90 days in arrears in payments due to the association).

Resale Inspection Fees-HOA Act (HB34)

Expressly authorizes homeowners associations to charge “inspection fees” as part of the resale process as required. The Condominium Act was amended during the 2016 session of the General Assembly to charge such fees. Unfortunately, the bill was amended after being introduced to limit the fee to up to $50. The LAC intends to seek amendment during the 2018 Session to raise this fee to at least $100 (equal to the condominium inspection fee) and to clarify other areas.

Notice of Foreclosure/Cancelation/ Postponements (HB26)

Notice of a foreclosure sale must be provided to associations that have a recorded lien at least 30 days in advance of a foreclosure sale,

but now sales that are canceled or postponed must also be provided to associations with recorded liens. Notice of canceled or postponed sales will save associations the time and effort of trying to confirm such information independently.

Small Claims Action/Appeals

handled interactions with Delegates and Senators at countless in-person meetings. We wish her nothing but the best and our heartfelt thanks for a great job!!

effective voice for community associations in Annapolis. Please see below and see what your community or organization can spare.

An annual contribution of even $50 will help us greatly.

Your assistance and financial support is essential to helping the LAC continue to be an

(SB500)

Current law allows officers or employees of certain entities to represent the entity (e.g., corporations) in small claims actions in District Court; the new law will allow those persons also to continue to represent the entity in the appeal of such actions from the District Court.

Significant Bills Considered but Not Passed: •

•

•

•

Electric Charging Stations (HB699) This bill would have greatly diluted the ability of community associations to control the installation of individual electrical charging equipment in certain common elements. The LAC supported this bill with amendments that would have upheld the right of associations to enforce reasonable restrictions.

Statewide Community Association Registration (HB41) - This bill would have required registration of Maryland community associations and the payment of an annual registration fee.

Mandatory Reserves (HB651) - This bill would have mandated that community associations obtain periodic reserve studies; while the concept was supported by the LAC, the specific requirements of the bill would not have provided adequate guidance or protection for associations.

Expansion of Debtor Exemptions (SB950) - The LAC opposed this bill which would have greatly expanded exemptions for assessment debtors and made it harder for community associations to collect outstanding dues.

A special thank you to Phyllis Marsh, longtime member and chair of the LAC. Phyllis is moving and has indicated that she is resigning from the LAC. I think I can speak for the LAC when I say we will dearly miss Phyllis’ steady hand. She was a pro and handled a 25-person conference call as deftly as she

Your Assistance is Needed!

The MD-LAC uses a professional, paid lobbyist as a vital and integral part of the legislative process. As volunteers, MD-LAC members significantly rely on this highly effective professional representation.

The MD-LAC receives funding from CAI National and the local chapters. However, these funds do not fully cover the expense for a professional lobbyist that is essential to the MD-LAC successes.

To help fund the MD-LAC advocacy activities in 2014 and beyond, donations are vital to our continued successes. We encourage donations from Maryland community associations and individuals. We welcome any donations — individuals, associations or companies. Donations should be made payable to CAI Maryland LAC and mailed to:

ee t t a a n n o o D D PPlleeaasseedaayy!!

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Maryland Legislative Action Committee Post Office Box 6636 Annapolis, Maryland 21401

Keep Current on Legal News and Trends for Maryland Community Associations!

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JULY 2017

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By Lucia Anna “Pia” Trigiani, ESQ. Pia is a partner with MercerTrigiani, a member of the College of Community Association Lawyers, and past president of WMCCAI. She remains active on legislative matters, coordinating the lobbying effort on behalf of the CAI Virginia Legislative Action Committee. She has chaired the Virginia Common Interest Community Board since the Board was established in 2008.

Virginia General Assembly Report Common Interest Community Legislation

T

he 2017 Session of the Virginia General Assembly convened on January 11, 2017 and adjourned on February 25, 2017. This was a “short session” of the General Assembly. The reconvened session (more commonly referred to as the veto session) was held on April 5, 2017.

assistance animals, for sale signs and shortterm rentals. The following report reviews legislation that passed. Bills carried over from the 2016 session are among the several bills that the Legislative Action Committee followed, but failed.

General Assembly members considered 2,959 bills and resolutions introduced during the 2017 Session, plus an additional 242 bills that were continued from the 2016 session – for a total of 3,201 bills. On behalf of Virginia Legislative Action Committee of Community Associations Institute, we followed more than 28 bills during the 2017 session, 11 of which passed.

Declaration Amendments – The Virginia Legislative Action Committee advocated for and supported House Bill 1554 - legislation to address uncertainty resulting from the February 2016 Virginia Supreme Court decision in Tvardek v. Powhatan Village Homeowners Association, Inc. The legislation makes clear that amendment provisions of the Property Owners’ Association Act do not apply if the declaration addresses amendment requirements. The bill also includes a helpful enactment clause intended to validate amendments made prior to the effective date of the legislation.

This session the Governor recommended amendments to a number of bills, including changes to the budget bill. The Governor vetoed a total of 49 bills, surpassing the previous record number of vetoes he set in 2016 (35 bills). The total number of bills vetoed

by Governor McAuliffe during his term as Governor – 120 bills – the most bills vetoed by a Virginia governor in history. All of the Governor’s vetoes were sustained with several exceptions to amendments proposed to the budget bill.

Legislation of interest to common interest communities concerns a variety of topics – resale disclosure, declaration amendments, 16 | Quorum­

Passed Legislation

Resale Disclosure – The resale disclosure provisions of the Condominium Act and Property Owners’ Association Act capture legislative attention every year – it is rare when these provisions are not amended.

In the 2017 session, two separate measures amend the resale disclosure statutes and add limitations on association authority when properties in a community association are for sale.

House Bill 1475 directs the Common Interest Community Board to update the onepage cover sheet that must accompany the association disclosure packet issued under the Property Owners’ Association Act to add a disclosure that the purchase contract is a legally binding document. The intent of the legislation was to make sure that a purchaser understands the binding nature of not only the contract but the governing documents of a community association administered and governed by a property owners association.

Four companion bills amending the Condominium Act (House Bill 2274 and Senate Bill 1255) and the Property Owners’ Association Act (House Bill 2045 and Senate Bill 1231) make changes to the resale disclosure provisions of the statutes. The changes authorize the Common Interest Community Board to receive complaints about the failure to deliver a resale certificate or association disclosure packet.

And, the legislation expressly authorizes the Common Interest Community Board to issue cease and desist orders and impose a monetary penalty on a community manager or an association for failure to deliver resale disclosure documents (resale certificate or association disclosure packet) within the 14 days required by the statutes.

2017 VIRGINIA LEGAL ISSUES CHECKLIST

HOW HAVE YOU MANAGED WITHOUT US?

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, MercerTrigiani presents 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, 2017, and to address developing legal trends.

Review procedures for preparation and delivery of resale disclosure documents to ensure that: The association disclosure packet includes the updated Common Interest Community Board cover sheet; Disclosure documents are delivered within statutory time frames – in order to avoid monetary penalty or other regulatory action by the Common Interest Community Board.

Review association rules addressing for sale signs to: Confirm recorded document (condominium instruments or declaration) au-

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thority to require use of association issued or mandated signs; Consider whether to adopt or amend rules to address the number, location and time period for display of for sale signs.

Conduct a fair housing compliance check: Review or develop a new policy establishing an interactive process for reason-

IN-HOUSE CPA’S ONLINE PAYMENT & REPORTING

able accommodation and modification requests; Make certain to consider new definitions for assistance animals and physical and mental impairment; Eliminate pet registration fees or other charges for assistance animals; Confirm that the association maintains insurance coverage for fair housing claims.

Review and update association policies to accept owner designated representatives.

CONDOMINIUMS COOPERATIVES HOMEOWNER ASSOCIATIONS COMMERCIAL RENTALS

If amending to the condominium instruments or the declaration: Give careful considration to amendment process prerequisites to guard against judicial challenge; Perform a thorough audit of member approval or consent to confirm amendment adoption.

Conduct a comprehensive review of board and committee meeting procedures (notice, minutes, executive session) to confirm that the procedures reflect and encourage transparent governance.

More information on legislative and case law developments affecting Virginia community

Contact us today!

Arthur N. Dubin, CPM, PCAM, CMCA Z.J. Chelec, CPM 301-495-6600 adubin@zalco.com zchelec@zalco.com www.zalco.com

interest communities is available on www.MercerTrigiani.com.

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JULY 2017

| 17

For Sale Signs – The four companion bills (House Bill 2274 and Senate Bill 1255; House Bill 2045 and Senate Bill 1231) also limit the authority of associations to require the use of association-issued for sale signs that do not comply with regulations of the Virginia Real Estate Board - unless the recorded documents (condominium instruments or declaration) contain express authority for the association to impose such restrictions on for sale signs.

Fair Housing – House Bill 2006 and Senate Bill 1228, recommended by the Virginia Housing Commission, make substantial amendments to the Virginia Fair Housing Law, incorporating guidance from the Joint Statements issued by HUD. The legislation established a specific interactive process for handling and processing accommodation requests. The bills add definitions for physical and mental impairments and assistance animals.

The amendments also enumerate rights and responsibilities for accommodations for assistance animals and confirm that: • Assistance animals can be animals other than dogs • Assistance animals are not pets • Assistance animals do not have to be trained or certified • An individual entitled to an assistance animal may not be required to pay a pet fee.

Short-term Rentals – Two bills (House Bill 812 and Senate Bill 416), introduced in the 2016 session and carried over to 2017 sought to establish the Limited Residential Lodging Act. These bills were designed to address Airbnb and other internet platforms through which consumers rent residential properties on a transient basis.

The Virginia Legislative Action Committee was successful in proposing amendments that were incorporated into that legislation to recognize that covenants and restrictions established in recorded documents can limit short-term rentals.

Concerns about the impact of short-term rentals produced a substantial debate that prevented the bills from passage during 2016 in spite of widespread support.

also authorizes localities to impose penalties not to exceed $500 per violation for noncompliance with the registry ordinance.

Session Observations The 2017 session produced legislation helpful to community associations – addressing questions raised by a Virginia Supreme Court case, clarifying authority to adopt rules addressing for sale signs and offering guidance on how to work with owners and residents who request an accommodation for an assistance animal.

This successful legislation is but half the story, however. The other half of the story are the failed bills, addressing – resale disclosure fees for self-managed communities, home businesses, limitations on developer control, eliminating board actions by unanimous written consent. It is expected and anticipated that these unsuccessful measures will find their way back.

Long Hours of Work – discussion with stakeholders and talking with legislators to support or argue against measures – may not be apparent. Even with fewer bills, the 2017 session required considerable effort from a committed cadre of volunteers working with well-regarded and effective legislative representatives. You are invited and encouraged to join the cause – by participation in the Chapter legislative committee, by joining and contributing to the Legislative Action Committee and the Virginia Political Action Committee.

A

HIGHER LEVEL of ATTENTION

to Your Association “My job is to help your board balance keeping down operating costs while maintaining property values and improving quality of life for homeowners. We have a strong community presence, independent advising and full transparency. ” – Katie, Sentry Manager

The bills were referred to a work group of the Virginia Housing Commission for study. We participated in the several meetings of the work group, which included a presentation on common interest communities. Although the review was comprehensive and discussion productive, the work group did not reach consensus on the legislation, as introduced, nor did the work group offer recommendations for revised legislation.

Senate Bill 1578 was introduced in the 2017 session. The bill defines short-term rental as providing and charging for a room or space suitable for sleeping or lodging for less than 30 consecutive days. The bill authorizes localities to adopt an ordinance requiring the registration of persons offering property for short-term rental. The bill 18 | Quorum­

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SUMM

ER IN THE

C IT Y

HAPP Y HOU

R

What

When

Longer days means more time for networking! We’re bringing happy hour downtown to enjoy the D.C. summer. Drink specials, hors d’eourves, and summer fun will be on tap! Your first drink is on us!

July 25, 2017 5 – 7:30 p.m.

Registration opens at 5 p.m.

Parking is available is garages in the area. Several Metro stops are also nearby and highly encouraged.

Where Penn Social 801 E Street NW Washington, DC 20004

REGISTRATION RATES EARLY BIRD RATE BEFORE: 7/11/17

REGULAR RATE

MEMBER

$30

$55

NONMEMBER

$55

$80

MEMBER

$30

$55

NONMEMBER

$55

$80

MEMBER

$55

$80

NONMEMBER

$80

$105

HOMEOWNER

MANAGER

BUSINESS PARTNER

Sponsor

How

Visit www.caidc.org to register

Who This event will benefit Homeowners, Managers, Business Partners

Sponsorships are available.

Please contact WMCCAI at

Becht Engineering BT, Inc. www.bechtbt.com

events@caidc.org

7600 Leesburg Pike, Suite 100 West

E-mail: education@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

By Marvin E. Holmes, Jr. Delegate Holmes has been a member of the Maryland General Assembly since January 2003 and has served in several capacities.

A Legislator’s Perspective

Maryland Legislature and Housing

A

s Chair of the Housing and Real Property subcommittee within the House Environment and Transportation Committee, we conducted multiple hearings, and in December of 2016, we merged the conversated information of June through November into legal language just in time for the January 2017 legislative session.

There was a myriad of topics discussed, but the common concern was how to protect the value of housing stock throughout the entire state of Maryland and what were the causes of the declining monetary comparable equivalences in certain communities.

Our summer hearings focused on issues such as blight elimination, foreclosed and abandoned properties, the Foreclosed Property Registry, notifications for the foreclosure process, certification of vacancy, and the maintenance responsibility of vacant properties just to name a few.

We were very inclusive during our discussions, and the summer audience included The Community Development Network of Maryland (CDN), Maryland Municipal League (MML), Maryland Association of 20 | Quorum­

Counties (MACO), and the Community Associations Institute (CAI). Also in attendance were the Housing Opportunities Commission of Montgomery County, Office on Common Ownership Communities in Prince George’s County, The Center for Community Progress, the City of Baltimore, and the Maryland Bankers Association.

Out of those conversations came the idea to conduct a study of the counties and municipalities regarding the challenges they face related to vacant, abandoned, and blighted properties. The results of the study found that only 44% of the respondents stated that their county/municipality uses the Foreclosed Property Registry. Of those, 37% said it was not useful to them, mostly because the information about the property was entered at the end of the process (the foreclosure sale) and not earlier. Jurisdictions and common ownership communities want more information sooner on which party is responsible for the maintenance of the property and who the jurisdictions should bill for their work maintaining the property. This is where the concept of (HB1048) “Foreclosed Property Registry” came from. This legislation added a requirement that banks must file with the Department of Labor, Licensing and Regulation (DLLR) notice of foreclosure at the Order to Docket stage of the foreclosure, rather than at the end of the foreclosure process.

The issue of managing and governing community associations and homeowners asso-

ciations is not well understood by most of the 141 members of the House of Delegates and the 47 Senators that establish the policy for these institutions in the State of Maryland. As a practicing member of a property management firm and as an active real estate agent, I sometimes have difficulty explaining to my colleagues the need for many of the policy recommendations presented to me from practicing organizations. This crisis of a basic lack of understanding by the legislature, both at the state and federal level, will become more problematic as the issue of condominium repairs, condominium board governing, and massive amounts of condominium debt continue to increase.

I am very concerned about the sustainability of condominiums as a viable type of homeownership. It is a basic fact that condominiums will continue to be a viable real estate ownership alternative if lending institutions continue to fund them. When a condominium’s maintenance fees and the real estate taxes exceed the cost of comparable rentals in certain communities, the demand to buy will disappear. Once the purchase appeal is diminished and the condominiums become investment properties, the government will be forced to decide if funding this types of homeownership is in the best interest of the tenants (because most occupants will be renters) and the federal government.

I tried this session (HB651) to force condominiums and homeowners associations

to at least prepare a reserve study every five years for major repairs and replacement of the common elements. For the condominium structure to remain purposeful, cyclical maintenance is required, and replacement of major components are required over time. When a condominium building reaches 40 to 50 years of age it will have gone through several partial or complete retrofits, hopefully in stages, so that costs are spread out. Properly governed and managed condominium complexes maintain amortization funds and the required accumulation of money for replacements of the common elements without facing undue financial hardships. Without a reserve study, boards and homeowners may be faced with huge amounts of unaffordable special assessments. When this happens, as professionals in the industry, we know that the condominium will begin its rapid infrastructure and financial decline.

When assessments aren’t paid, repairs aren’t made, tenants complain then depart, units can’t be rented, FHA guidelines aren’t met, resale is only available to conventional and cash buyers, and property values decline. We have all heard stories of condominiums owing $60,000 to $70,000 water bill arrearages, or where the HVAC company refuses to answer a service call again, because of an outstanding balance.

As soon as the foreclosure, vacant and abandoned property crisis subsides, the condominium crisis will finally come to the forefront.

The question is, as members of the industry and as members of the legislature, what do we do?

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JULY 2017

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By David L. Bulova David Bulova represents the 37th District in the Virginia House of Delegates, which includes the City of Fairfax and parts of Fairfax County. Among his assignments are the General Laws Housing Subcommittee and the Virginia Housing Commission. On the Housing Commission David chairs the Common Interest Community Work Group, which studies and provides recommendations on legislative issues affecting community associations.

AC ommunit Legislator’s Perspective y A s s ociat ions and the Virginia G eneral A s s embl y How are common interest community associations perceived in the General Assembly, what does that mean for your community, and how can you get involved?

A

few weeks ago, I was giving a legislative update at a local civic council. I briefly mentioned HB1554, which I introduced to reverse the Virginia Supreme Court’s Tvardek v. Powhatan Village decision regarding how declarations for a property owners association are amended (more on that later). After finishing my update, one of the attendees expressed genuine surprise that the General Assembly was debating community association-related issues – particularly ones that had the potential to affect the basic governance structure of his community.

Community associations have indeed been the subject of hotly contested debate in Richmond over the past few years. As a result, it is important for board members and residents alike to understand the dynamics behind this debate and how to make sure your voice is heard.

Today, I live in a non-association community. But, in fact, my first elected office was the Colony Park Community Association board of directors. I loved being able to engage my neighbors in projects that resulted in tangible improvements to our property values and

22 | Quorum­

quality of life. But enforcement wasn’t fun.

Nothing is more personal than taking to task a neighbor, and often a friend, for parking violations, failure to maintain architectural standards, or non-payment of fees. To those of you who voluntarily serve on an association board, “thank you!” It is an important job that is both tough and rewarding.

What is driving this controversy? It is a useful question for any board to ask itself since the answers can help make for a stronger, more responsive association. There are always examples of a cantankerous board member or a board that doesn’t follow proper procedure. But I believe it goes much deeper than that.

At one point, community associations served a niche. Most people had a choice. My district in central Fairfax County is a perfect example where communities with similar housing stock can be found with or without an association. That isn’t necessarily true in newer areas. No longer are community associations established solely to maintain community amenities or protect a particular lifestyle. Rather, many associations are established to take on roles formerly reserved

for local governments such as road maintenance and stormwater management.

So, in many ways, a community association has government-like powers and responsibilities. But instead of a town or city charter adopted by the General Assembly, the founding document is a private contract among property owners established by the developer. That is a true paradigm shift in how we relate to our local communities, and that has naturally led to questions about the role of community associations and a heightened awareness of the need for transparency in the decision-making process.

This year’s General Assembly session played witness to this debate. In the early days of property owners associations, there was little standardization. Some of Virginia’s older declarations are missing key elements. As a result, the General Assembly has passed “gap” legislation – amending the Property Owners’ Association Act – addressing select matters where a declaration is silent. One of the gaps that are sometimes encountered is how to amend the declaration itself. Most do have very specific requirements – but some do not, which is obviously problematic for

the property owners. As a remedy, the General Assembly adopted procedures in 1999 for changing a declaration in the absence of specific rules.

Then came the Virginia Supreme Court’s Tvardek v. Powhatan Village decision in 2016. Rather than reading the 1999 General Assembly action as “gap” legislation, it interpreted the Code of Virginia as usurping the provisions of a declaration. The consequences are significant. If your property owners association amended its declaration in a way consistent with the declaration but inconsistent with the Code, all of those amendments are null and void, throwing the declaration and land records into doubt.

This past session, I introduced HB1554 to clarify what I thought most of us would have assumed in the first place. A declaration is a contract, and private contracts shouldn’t be second-guessed by the General Assembly except under very specific circumstances. But it wasn’t as simple as that. The debate was as much about the role of associations as it was about any particular piece of legislation. After passing through the House, the bill passed the Senate on a vote of 23Y-17N. The vote wasn’t along partisan lines, and it wasn’t along regional lines – but rather, it came down to evolving perspectives on the relationship of an association to its residents.

The mechanism by which community associations, particularly property owners associations, are created in Virginia is a double-edged sword. In the same way that it can be argued that a private contract shouldn’t be subject to the whims of the General Assembly, it can also be argued that the General Assembly shouldn’t save an association from a deficient declaration. That is why I have been so passionate about making sure we get declarations right in the first place, which was the subject of my HB1632 in 2015 to establish declaration best practices.

So back to the question from my constituent. The beauty of our representative form of government is also why it is so important to stay engaged. There are 140 members of the House and Senate with different backgrounds and perspectives who vigorously debate issues that impact almost every aspect of our daily lives.

It is a fast-paced and sometimes unpredictable process, which makes it all the more important for all voices to be heard.

There are many great tools. For example, the General Assembly web page includes a “Lobbyist in a Box” function that allows you to track legislation during session. Most importantly, engage your legislators!

Invite them to your association board or membership meeting. Ask them to attend your National Night Out event. By opening that dialogue, you empower your association to be a valuable partner in making decisions about the future of our community.

JULY 2017

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By Daria Bailey Daria currently serves as the program manager for the Common Ownership Communities Division of the Office of Community Relations for Prince George’s County, Maryland. The mission of her office is to assist common ownership communities by developing partnerships with association members, boards of directors, management companies and county government.

She is currently a doctorate student at the University of Maryland University College where she hopes to receive a doctorate in management.

CCOC in Prince George’s County W

ith the enactment of CB-49-2015, Prince George’s County took a major step forward in addressing the ever-increasing issues facing residents who live within common ownership communities. We anticipate that this commission will assist with addressing a wide variety of challenges as well as improving the overall shared community experience.

Appointed by the Prince George’s County Executive, this new 13-member commission is comprised of nine voting members and four members who act in an advisory

capacity. The terms vary from one to three years, and all members must be county residents. The commission is responsible for promoting educational awareness and upholding the right and responsibilities of those persons who live in common ownership communities. Related legislation enacted by the County (CB-58-2015) tasked the commission with reducing litigation by alternative dispute resolution.

To ensure equitable representation and appropriate expertise, the commission is comprised of one attorney, four management

company representatives, two homeowners, one cooperative association member, and one condominium association member. The commission will conduct regularly scheduled meetings and make recommendations to the Prince George’s County Executive and County Council. This commission and the staff of the Office of Community Relations will continue to engage residents, encourage participation, and expedite resolutions as related to common ownership communities.

Pictured from Left to right: Nicholas A. Majett, CAO; Musa L. Eubanks, Director OCR; Johnie L. Higgs, OCR; Commissioner Timothy Smith, Commissioner Nicole Williams, Commissioner Terry Anderson, Commissioner Casey Lewis, Commissioner; Commissioner Rafe R. Ellison, Commissioner John Henry King, Commissioner Aaron Marcavitch. Not Pictured: Commissioner Cheryl Walker and Commissioner Joanne Jackson

24 | Quorum­

Help Support Legislative Engagement by Contributing to

Legislative advocacy

is one of the most important services the Community Association Institute provides for community associations. Legislative Action Committees (LACs) are CAI’s official voice with legislators and regulators in a state. There are three CAI Legislative Action Committees that serve 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 managers, and CAI business partners. The individual volunteer members of the LACs work countless hours throughout the year to support the needs of community associations; however, new threats and opportunities are requiring our LACs to employ government affairs professionals in order to open the doors of decision makers and maintain a high-level of advocacy.

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

“A Dollar a Door” is a suggested donation, but any contribution is welcome. Though it may seem like a small amount, every dollar truly makes 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. This form on the following page can be mailed along with your donation directly to the LAC. TURN PAGE OVER JULY 2017

| 25

Help Support Legislative Engagement by Contributing to

DONATION AMOUNT

CONTACT INFORMATION (please print or type clearly)

We will donate $1.00 per door (number of doors: _______)

Community Name:

We will donate $_______ per door (number of doors: _______) We will donate a flat amount of $_______

Community Contact Name:

Total Donation: _______

Mailing Address:

Donation is for:

DC LAC

MD LAC

City:

VA LAC

Volunteer: We are interested in volunteering, speaking, and contacting legislators. Please contact us with further information!

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Email Address: Phone Number:

AMEX Please return the form to:

Credit Card Number: Exp. Date

Zip:

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PAYMENT METHOD Check (enclosed)*

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Signature:

D.C. 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

*Please make checks payable to “CAI” with DC LAC, MD LAC or VA LAC in the memo line. If required for accounting purposes, CAI’s Tax ID number is 23-7392984. Contributions to LACs are not deductible for federal tax purposes.

26 | Quorum­

Virginia Legislative Committee, c/o WMCCAI, 7600 Leesburg Pike, Suite 100 West, Falls Church, VA 22043 You can also donate online at www.caionline.org/LACdonate.

Simply select Virginia, Maryland, or D.C. as the committee to donate to.

NEW CHAPTER FOR THE CHAPTER

By Jaime Barnhart, CMP

WMCCAI has called Suite 100 West home for ten years. With easy access to the Beltway and central to our membership region, it is the right place for the chapter’s home.

We are staying in the space for another ten years, so it was time for a renovation to the suite.

After seven weeks of construction, we are thrilled to reveal the new WMCCAI office!

Same space and a completely new look. Not one wall remains the same in the new layout.

The carpet, the furniture, and the colors are all bright and modern.

The highlight of the renovation is the conference room. Before construction, the room held 25 people for committee meetings or educational sessions. The new conference room is outfitted with new technology for presentations, and we will be able to host events of 40 guests. With new furniture, we can change the room from a classroom setup to a committee meeting in just a few minutes.

The staff moved into the space in early June, and we cannot wait to welcome you to the new WMCCAI office soon.

LOBBY - BEFORE

AAB_Innov_Burkhammer_HorzQtrPg_120115.pdf 1 12/1/2015 5:46:30 PM

KITCHEN/COPY ROOM - AFTER

CONFERENCE ROOM - AFTER JULY 2017

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By Judyann Lee Judyann is an attorney with McMillan Metro, P.C. in Potomac, Maryland. For more than a decade, Judyann has represented common interest communities in Maryland, D.C., and Virginia.”

Could Your Be Deemed A “Hostile Environment”?

Y

our community association may now be liable for the discriminatory actions of residents who harass or create a hostile environment for other residents. A new HUD regulation that went into effect on October 14, 2016 places new burdens on condominiums and community associations, which should take steps to protect themselves. This is a scary proposition for associations when you consider the fact that neighbors have disputes with each other all the time. It is not hard to imagine a scenario where an argument between neighbors could turn into a claim against your association for discriminatory harassment. An association can no longer afford to stay out of such disputes.

What is hostile environment harassment?

The new rules define hostile environment harassment as unwelcome conduct that

The Fair Housing Act prohibits discrimination based on race, color, religion, national origin, sex, familial status, or disability. interferes with the availability, sale, rental, or use or enjoyment of a dwelling and oth28 | Quorum­

er housing-related activities. The conduct could be a single incident or several occurrences over time. If a reasonable person would find that the conduct is severe or pervasive enough to create a hostile environment, then HUD is likely to find that there has been discriminatory harassment.

Could your association have acted to stop the conduct?

That becomes the key question. The new rules make an association liable for failing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the association knew or should have known of the discriminatory conduct or harassment and had the power to correct it. For example, if one resident is harassing another resident in the community parking lot on the basis of national origin, the association can be held responsible if it doesn’t take immediate action to end the discrimination. In the past, an association’s exposure to fair housing discrimination claims was generally limited to a claim that an association’s policy was discriminatory or that it failed to provide a reasonable accommodation to a disabled resident. Now, an aggrieved party does not even have to complain to the association for it to be liable, if it knew or should have known about the harassment. So, in the above example, if the association’s parking lot attendant, community manager, or a board member observes the harassment and the association takes

no action to end the discrimination, the aggrieved party could have a claim against the association.

How can your association protect your community?

If a dispute results in hostile environment harassment, the association must take prompt action and use any authority it has under its governing documents to end the harassment. This can include sending violation notices, conducting hearings, imposing fines, suspension of privileges, and litigation to seek injunctive relief against the harasser. HUD recommends that community associations educate their board members, managers and employees about the types of conduct that could result in discrimination claims under the Fair Housing Act. Associations should enact anti-discrimination policies and act promptly to address any complaints. Associations should use the enforcement provisions in their governing documents to correct and end discriminatory conduct, and mediate disputes between residents.

If your condominium or community association has not already considered the implications of these new regulations, the time to act is now. For more details about the new HUD Fair Housing regulations or to discuss how to develop appropriate policies for your association, please contact your association’s attorney.

WHEN

WMCCAI

September 21, 2017 9 a.m. - 6 p.m.

Registration opens at 9 a.m.

WHERE

20

17

Bull Run Golf Club 3520 James Madison Highway Haymarket, VA 20169

GO

HOW Visit www.caidc.org to register

LF CLASSIC

WHO This program will benefit Homeowners, Managers, Business Partners

WHAT A day on the course networking, winning prizes and networking! Grab your clubs and join your WMCCAI colleagues for a day of golf at Bull Run Golf Club for WMCCAI’s 2017 Annual Golf Classic.

SPONSORS Alliance Association Bank

Beverage Carts

Griffin Owens Insurance Group

Player’s Gift

Purofirst of Metropolitan Washington

Contest Hole: Hole-in-One

ServPro of North Arlington

Contest Hole: Longest Drive

Driving range opens at 9 a.m.

Shotgun start at 10:30 a.m.

The Kauffman Group, Inc.

Contest Hole: Dice Game

Electronic Security Services

Photography

Registration fees cover: greens and cart fees, boxed lunch, post-play banquet dinner, drinks and snacks on the course, door prizes, and more!

Community Advantage a Wintrust Company

Hole Sponsor

Lancaster Landscapes, Inc.

Hole Sponsor

McFall & Berry Landscape Management, Inc.

Hole Sponsor

Paul Davis Restoration & Remodeling

Hole Sponsor

Premier Aquatics, Inc.

Hole Sponsor

TRC Engineering

Hole Sponsor

King Contracting, LLC

Flags

Hann & Hann Construction Services

Driving Range

Turner, Leins & Gold, LLC

Scorecard

Becht Engineering BT, Inc.

50/50 Raffle

NEW for 2017! Not a golfer? Cornhole comes to WMCCAI! Join us for a cornhole tournament with a private beverage cart and snacks while colleagues play golf. Registration for the cornhole tournament includes drinks, snacks, and post-play banquet dinner.

Cornhole tournament starts at 2 p.m.

Free parking available onsite.

REGISTRATION RATES EARLY BIRD RATE BEFORE: 08/18/17

REGULAR RATE

SINGLE PLAYER

$285

$335

FOURSOME

$1,100

$1,300

CORNHOLE TOURNAMENT $75

Sponsorships are available.

Please contact WMCCAI at events@caidc.org

$125

Cancellation and Refund Policy: Registration cancellations will be accepted until September 2, 2017. Refunds must be requested in writing to events@caidc.org. A 8% processing fee will be charged for all customer initiated refunds. After the cancellation deadline, no fees will be waived nor refunds extended. You may transfer your registration at no additional cost at any time by emailing events@caidc.org.

7600 Leesburg Pike, Suite 100 West

E-mail: education@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

Dawn M. Bauman, CAE, SVP Dawn is the senior vice president of government affairs with Community Associations Institute (CAI). She is the lead industry advocate for federal, state and local and state legislative and regulatory issues facing the community association housing model. Bauman works with hundreds of volunteer leaders throughout the country serving on CAI legislative action committees and CAI government affairs committees to advocate for strong and sensible public policy for America and Canada’s community associations.

Recruiting Citizen Lobbyists

T

he 2016 Presidential election in the U.S. and the U.K. vote to exit the European Union are excellent examples of citizen advocacy. In both situations, voices of the voters (the citizens) were heard against the presumed establishment of the political parties. In the U.S. the so-called “leaders “of the Republican and Democratic parties in the U.S. completely lost control to the American people who elected President Trump who refused to comply with party requirements and typical protocol of a presidential candidate.

The Congressional Management Foundation, an organization dedicated to helping Congress and its members meet the evolving needs and expectations of an engaged and informed citizenry, collects information regarding the impact of citizen engagement with Congress. The Congressional Management Foundation’s published findings indicate citizen advocacy has a significant impact on decisions made by legislators. Congressional Management Foundation findings that emphasize the efficacy of citizen advocacy.

While voting is one way for your voice to be heard, citizen advocacy is another. Citizen advocacy isn’t heard just at the time of election. Your voice can be heard whenever you have an opinion on a policy topic.

Members of Congress report that “Staying in touch with constituents” is the job aspect most critical to their effectiveness.”

With technology, today, citizens can easily keep track of what their legislators are doing – what is important to them, their policy positions, and their votes. Often, this information is available in real-time. Citizens can go to their state’s website or use Apps, like Countable, to track legislator activity, positions, and votes. For community association housing issues, you may visit CAI’s website for tracking of state and federal legislation – www.caionline.org/legislativetracking With the availability of technology; including the elimination of long-distance phone call fees, email, social media, websites and more, citizens have an opportunity to reach out to their legislators 24/7. Nevertheless, citizens still question whether their engagement/efforts make a difference.

30 | Quorum­

1. Lawmakers place a high value on groups and citizens who have built relationships with the legislator and staff.

The single most effective advocacy strategy is a personal visit from a constituent, form emails and visits from lobbyists rank much lower than personal visits and personal phone calls from individual constituents. fig1* 2. Citizen advocates are more influential and contribute to better public policy when they provide personalized and local information to {legislators}.

Legislators want to hear how specific issues impact their constituents back home. The most effective strategy is for a constituent to speak directly with a legislator to give them an example

of how a policy issue will impact their community. fig 2* 3. Which is more valuable a campaign contribution or a personal story from an advocacy who speaks up at a town hall meeting? Per a chief of staff responding to the CMF survey, “That depends on who makes the best argument. We listen to both.”

Become a Citizen Advocate for CAI With more than 68 million people living in community associations, Community Associations Institute (CAI) has the potential to be a very influential advocacy organization for the community association housing model. To increase our influence, we need to increase or members in the advocacy efforts.

Advocacy can be easy and a lot of fun. CAI has the resources and tools to train you to be an effective advocate. CAI advocates engage in the following activities: • • • •

•

Attend town hall meetings for state and federal legislators.

Meet with state and federal legislators in their district offices.

Meet with federal legislators in their federal office Call and/or email state and federal legislators when there is an issue of importance.

Engage with state and federal legislators on social media (twitter and facebook) to share information about the community association housing model and personal stories on policy issues.

Partner with Associa.

We work closely with each of our clients to understand their vision and each community's distinct features.

Associa Community Management Corporation and Select Community Services believes this is the key to delivering a smooth operation for our boards and a better experience for our homeowners.

CONTACT US TO LET EXPERTS HELP GUIDE YOUR COMMUNITY.

To engage in citizen advocacy for CAI, visit www.caionline.org/takeaction and sign up to be an advocate.

For more information regarding the Congressional Management Foundation’s findings, visit www.congressfoundation.org.

Nicholas J. Mazzarella MBA, CMCA®, PCAM®, LSM® President 703.230.8586 www.cmc-management.com

Source; Citizen-Centric Advocacy: The Untapped Power of Constituent Engagement.

Congressional Management Foundation.

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By Thomas C. Schild, ESQ., CCAL Thomas is an attorney and principal of Thomas Schild Law Group, LLC in Rockville, Maryland. He is the chair of the WMCCAI Maryland Legislative Committee and is also a member of CAI’s Maryland Legislative Action Committee, National Faculty, and College of Community Association Lawyers.

Maryland

T

he Washington Metro Chapter’s Maryland Legislative Committee monitors legislation and other government actions of interest to community associations in Montgomery, Prince George’s, and Charles Counties. It is also the bridge to CAI’s Maryland Legislative Action Committee, which is a committee of National CAI responsible for representing CAI on Maryland state legislation.

Montgomery County This past year, the Montgomery County Commission on Common Ownership Communities (CCOC) marked its 25th anniversary with changes in County law to move the CCOC from the Office of Consumer Protection to the Department of Housing and Community Affairs. There has also been an increase in funding and staff.

Regarding the CCOC’s dispute resolution procedures, the new county law requires the CCOC staff to attempt to resolve disputes between owners and associations through negotiation, and mediation (if appropriate) before a formal hearing is held.

The Chapter Legislative Committee provides an ongoing forum for communicating with CCOC staff, and several CCOC commissioners are also members of the committee.

Short-term Rentals Legislation to allow short-term rentals in all residential zones remains under consideration by the Montgomery County Council.

The bill would change the current law which prohibits residential rentals for less than 30 days to allow rentals as short as a single night through online booking services such as Airbnb. After initial public opposition, the council 32 | Quorum­

Local Legislative Legal Update

&

tasked the Montgomery Planning Board with studying the proposed change in the zoning law and seeking public input on the proposal for allowing short-term residential rentals.

In response to comments submitted by the Chapter Legislative Committee, the planning board staff agreed that the legislation should include a provision that any short-term rental must comply with the governing documents of a condominium or homeowners association, or a rental lease. And, the staff supports a provision that an applicant for a short-term rental license must provide prior notice to neighbors who live across a hallway and who share a floor, ceiling or wall with the applicant’s dwelling. After the planning board completes its review, the county council will make the final decision on the short-term rental legislation.

Towing from Private Property Towing from private property has also become a hot topic in Montgomery County this past year. In a class action suit by vehicle owners, the Montgomery Circuit Court ruled that, under county law, the owner of the property where the tow occurs is jointly liable with the towing company for any violation of the county towing law, including violations which do not occur on the property. The Chapter Legislative Committee is monitoring the court case and has initiated discussions about possible county legislation to amend the towing law to limit the liability of common ownership communities.

Prince George’s County In Prince George’s County, this past year has seen an expanded role for county government involvement with condos, HOAs, and coops. A new County Commission on Com-

mon Ownership Communities is now up and running. It will promote education, public awareness, and association membership understanding of the rights and responsibilities of living in a common ownership community.

Unlike the CCOC in Montgomery County, the Prince George’s CCOC will not be directly involved in resolving disputes between associations and homeowners. However, the County Office of Community Relations will provide alternative dispute resolution assistance to associations and their members. For details, see the article elsewhere in this issue of Quorum regarding these new county programs.

Residential Use and Occupancy County legislation now under review includes a bill to change the zoning law standards for operating a home occupation. Among the proposed changes are limiting the business use to 33 percent of the floor space and allowing two employees who do not reside at the property. Separately, the county council is also looking at changes to the housing code regarding overcrowding and minimum room sizes, and a zoning code prohibition on using residential property for commercial parties and events.

Legislation was proposed in Prince George’s County regarding regulation of vacant and abandoned property to authorize rules to require lenders to inspect a property when the mortgage is delinquent and to secure and maintain the property.

With the expanded county involvement in community association governance, the Chapter Legislative Committee is extending its outreach to county officials and the County CCOC on matters affecting common ownership communities.

Join the WMCCAI Maryland Legislative Committee Members of the Chapter Legislative Committee include homeowners, managers, attorneys, and other business partners. The committee meets the fourth Thursday in most months. Contact the Chapter office for the date, time, and place of the next meeting.

With community association lending expertise like ours, you’ll get the job done right.

take that to the bank.

Noni Roan CMCA Regional Account Executive 301-639-5503 Toll Free 866-800-4656, ext. 7479 noni.roan@mutualofomahabank.com

EQUAL HOUSING

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JULY 2017

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By Betsy Johns, CMCA, PCAM Betsy is a partner and CFO with National Realty Partners LLC AAMC, located in Herndon, VA. She has been a management company owner since 1981, with a strong background in financial management and degrees in accounting and economics. She is a long-time member of the WMCCAI Education Committee and chairs the CAI PAC Virginia. She enjoys teaching seminars for related organizations, writes for various publications and enjoys being a guest on the Fairfax Cable TV program “Your Community You’re Connected.”

Behind the Scene in

c i R

d n o hm

Your neighbor is all excited because they’ve decided to rent their condo out to vacationers through Airbnb. You picture frat parties every night. But you’re not concerned because the local zoning regulations won’t allow this. Or so you thought but…

You amended your documents years ago, and now you have had to take steps to ensure compliance with the changes that have been in place and working for the community. But in response, an owner says – this is not a valid amendment, you did not follow the procedure that the law requires; you followed the procedure your documents set out.

You knew and had relied on the amendment as valid. Or so you thought, but…

T

he examples offered above are topics of legislation considered in the most recent session of the General Assembly.

Bills were presented at the behest of large special interest groups or individuals with a cause who want operational authority taken away from associations.

34 | Quorum­

Several years ago, the Legislative Action Committee (LAC) was formed to represent the interests of common interest communities – and those who serve those communities - across Virginia. The VA LAC’s mission is to educate the legislators so they can make better- informed decisions and be aware of unintended consequences. The VA LAC advocates for well-reasoned legislation and opposes legislation that creates unnecessary

burdens on the governance and operation of communities. Simply put, the LAC pushes for good legislation designed to benefit communities and their homeowner members.

These efforts to limit association authority, add additional burdens and yes, expense, have been coming with increasing frequency; however, in recent years legislative initiatives and proposals adversely affecting common

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interest communities have exponentially accelerated. Virginia CAI members are highly regarded – within and outside of the CAI circle – for efforts that have produced restrained legislation. We have fought and won a number of significant legislative battles over the years. But these efforts have required increased attention and demand on our volunteer-led efforts.

The work behind the scenes is neither simple nor easy. It takes countless hours of volunteer efforts from community members, attorneys, managers and other professionals connected to the common interest community industry. Nonetheless, without the support of a key sympathetic legislator, our message gets lost in the crowd. That’s in part why, in 2013, the VA LAC decided to engage a professional lobbying firm. The thinking was and is that professional representation would help us quarterback our legislative efforts. And our experience over the past several years is that we have been more successful in getting, at least, the attention of reasonable legislators as a result of our lobbyists’ efforts and the continued support of volunteers. Our team has advised us well – helping us pick and win battles and to get in front of decision-makers.

The harsh reality is that many of your current expectations and present realities can be changed by statutes passed by the Virginia General Assembly.

Part of that success is driven by our collective and singular ability to support those who are willing to listen to our positions on critical legislation affecting community associations. To take our efforts a step further in 2015 the CAI PAC Virginia was established to provide the second prong of our advocacy efforts. This action has enabled community associations (just like so many other advocacy and professional organizations) to participate in the process with their treasury under one branded umbrella- CAI PAC Virginia.

The distinction between the VA LAC and CAI PAC Virginia funding and expenditures is significant – and important to understand.

Note that while the VA LAC and the PAC VA represent all of Virginia, this article is highlighting support in the Northern Virginia area.

VA LAC – funded by voluntary contributions, the largest being from the very successful “Dollar a Door Campaign” led by large-scale planned communities and manager efforts – pays VA LAC operational expenses, including legislative representation (lobbyists). All communities should follow their lead and include just a dollar a door in their budgets to help the cause. Other sources of funding include a portion of the chapter benefactors’ sponsorship of the chapter, whose names are located on the back of this publication.

CAI PAC Virginia – funded through voluntary contributions – funds collected are used to support the campaigns of those running for the Virginia General Assembly who is sympathetic, supportive and strategic to the interests of common interest communities. By combining economic strength, the contributions are larger and thus have a much bigger impact than smaller, individual contributions. But here is the catch. The associations who benefit most from these legislative efforts, our communities, typically do not have the authority to expend association funds to contribute to political campaigns, even bipartisan efforts.

So, who do we turn to for support for the PAC? We are fortunate to have tremendous support from business partners who support the work of the VA LAC to improve community association legislation. Much of this support comes in the form of volunteer hours, but several outstanding law firms and management companies along with other business partners fund the CAI PAC Virginia on behalf of their client communities. A typical PAC in other industries is funded to levels from the hundreds of thousands of dollars to millions. Our goal for 2017 is only $60,000. We have such dedicated supporters from our professional companies and individuals that we have gotten halfway to our goal in just one week!

Nonetheless, we need your support to make this work, and we encourage you to consider joining with those firms and individuals referenced here and contribute to the CAI PAC Virginia today. Your contribution of any amount would be appreciated and go a long way to preserving current expectations and realities of the community association experience. To contribute, you can email me at BJohns@NRPartnersLLC.com, and I will send you the form or go to www.caionline. org/VAPAC to donate by credit card.

We’d like to express great appreciation to the following for their dedication to our communities through contributions for 2017 to date:

2017 DONORS FOR CAI PAC Washington Level Donor: Chadwick Washington Law Office of Wm A Marr Jr. National Realty Partners LLC (NRP) Rees Broome P.C. Jefferson Level Donor: Mercer Trigiani SFMC, Inc. Whiteford Taylor Preston Madison Level Donor: GHA Wilson Level Donor: Ronda DeSplinter Carol TeigenPaul & Cynthia Orlando

2017 DONORS FOR VA LAC Brambleton Community Association Broadlands Association Fairlington Villages Lafayette Village HOA Kingstowne Residential Owners Corp.

South Riding Proprietary Stone Ridge Association

Look at future issues of Quorum for more dedicated contributors during our campaign for 2017!

JULY 2017

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Directory and Classifieds ASPHALT PAVING

ENGINEERS (CON’T)

MANAGEMENT SERVICES (CON’T)

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

Falcon Engineering, Architecture + Energy Consultants 7361 Calhoun Place, Suite 325 Rockville, MD 20855 www.falconengineering.com T: (240) 328-1095 Stew Willis info@falconengineering.com

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

ATTORNEY JANITORIAL

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

www.seganmason.com T: (703) 354-9170

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 AND FINANCIAL SERVICES

Alliance Association Bank T: (703) 856-7463 Direct Tracy Burkhammer tburkhammer@AllianceAssociationBank.com 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.

Joseph Inzerillo Jr. T: (703) 201-5774 jinzerillo@bbant.com

Mutual of Omaha Bank Community Association Banking/CondoCerts Noni Roan T: (301) 639-5503 Noni.Roan@mutualofomahabank.com ENGINEERS

Becht Engineering BT, Inc. 10717 Birmingham Way Woodstock, MD 21163 Bill Hasselman

www.bechtbt.com T: (401) 461-3904 whasselman@bechtbt.com

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

36 | Quorum­

Clean Advantage Corporation 4000 Pen Belt Place District Heights, MD 20747 www.cleanadv.com

T: (800) 315-3264 F: (301) 595-3331

CAMP (Community Association Management Professionals) 1921 Gallows Rd., Suite 320 T: (703) 821-CAMP (2267)Tysons Corner, VA 22182 Heathergraham@gocampmgmt.com Susanblackburn@gocampmgmt.com

LAKE AND POND MANAGEMENT

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

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

info@cleanadv.com

MANAGEMENT SERVICES

Associa-Community Management Corporation, AAMC 4840 Westfields Blvd., Suite 300 T: (703) 631-7200 Chantilly, VA 20151 F: (703) 631-9786 11300 Rockville Pike, Suite 907 T: (301) 692-1700 Rockville, MD 20852 F: (240) 221-0443 Nick Mazzarella, mba, cmca, pcam, lsm NMazzarella@cmc-management.com Barkan Management Company, Inc 8229 Boon Blvd., Suite 760 Tyson Corner, VA 22182 Michael Feltenberger, cmca, ams, pcam

T: (703) 388-1005 F: (703) 388-1006

Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 T: (703) 934-5200 Fairfax, VA 22033 F: (703) 934-8808 L. Peyton Harris Jr., cmca, cpm lph@capitolmanagementcorp.net Cardinal Management Group 4330 Prince William Parkway, Suite 201 Woodbridge, VA 22192 6701 Democracy Boulevard, Suite 300 Bethesda, MD 20817 www.cardinalmanagementgroup.com Thomas A. Mazzei, CMCA, AMS, PCAM cardinal@cardinalmanagementgroup.com

T: (703) 569-5797 T: (301) 896-9700

KPA Management, AAMC 6402 Arlington Blvd., Suite 700 Falls Church, VA 22042 Offering personalized service Ed Alrutz, CPM, CMCA, PCAM

www.kpamgmt.com T: (703) 532-5005 F: (703) 532-5098 ealrutz@kpamgmt.com

Legum & Norman, Inc., AAMC 3130 Fairview Park Drive, Suite 200 T: (703) 600-6000 Falls Church, VA 22042 Direct: (703) 970-8811 John Rhodes jrhodes@legumnorman.com Sentry Management www.sentrymgt.com 4401 Ford Avenue, Suite 1150 T: (703) 642-3246 Alexandria, VA 22302 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20175 Dave Ciccarelli, ams, pcam dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle www.sequoiamanagement.com Chantilly, VA 20151-2283 T: (703) 803-9641 Craig Courtney, pcam ccourtney@sequoiamgmt.com

SIGMA Real Estate Services 8911 60th Avenue T: (677)744-6201 College Park, MD 20740 www.sigmares.com Constantin Anagnostopoulos, President info@sigmares.com Zalco Realty Inc., AAMC, AMO 8701 Georgia Ave., Ste. 300 Silver Spring, MD 20910 Arthur Dubin,cmca, pcam, cpm Z.J. Chelec, cpm

www.zalco.com

T: (301) 495-6600

adubin@zalco.com zchelec@zalco.com

­­I NDEX TO ADVERTISERS A Alliance Association Bank...............................................................................................................27 Associa-Community Management Corporation, AAMC....................................................................31 B Barkan Management, LLC, AAMC..................................................................................................39 BB&T Association Services.............................................................................................................21 Becht Engineering BT, Inc..............................................................................................................34 C Capital Painting Co.........................................................................................................................21 Cardinal Management Group, Inc., AAMC......................................................................................23 Clean Advantage Corporation..........................................................................................................11 Community Advantage a Wintrust Company.....................................................................................2 PAINTING SERVICES AND RETAILERS

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

T: (703) 904-1702 F: (703) 904-0248

dave@restonpaint.com

Williams Professional Painting 110 S. Floyd Street VA: (703) 768-8143 Alexandria, Virginia 22304 DC: (202) 751-2026 williamsprofessionalpainting.com Rick Williams Rick@williamsprofessionalpainting.com RESERVE STUDIES

PM+ (Specializing in Reserve Studies Since 1990) A Veteran Owned Company T: (703) 803-8436 www.pmplusreserves.com engineer@pmplusreserves.com or Ben Ginnetti, pra, rs, p.e. pmplusreserves@cox.net WINDOWS & DOORS

Windows Plus, LLC 14230 Sullyfield Circle, Suite F T: (703) 956-6172 Chantilly, VA 20151-1660 F: (703) 956-6744 Kimberly Wayland kknight@windowspls.com

Cowie & Mott. P.A...........................................................................................................................21 F Falcon Engineering, Architecture & Energy Consulting....................................................................33 Fantasy World, Inc. dba Fantasy World Entertainment......................................................................4 FirstService Residential, AAMC.......................................................................................................40 L Legum & Norman, Inc., AAMC.......................................................................................................38 M Mutual of Omaha Bank...................................................................................................................33 P Ploutis Painting & Contracting Co., Inc............................................................................................39 R Reston Painting Company................................................................................................................2 S SC Companies, Inc...........................................................................................................................7 Segan, Mason & Mason, PC...........................................................................................................13 Sentry Management, Inc.................................................................................................................18 SIGMA Real Estate Services..............................................................................................................7 SOLitude Lake Management...........................................................................................................38 T Thomas Schild Law Group, LLC......................................................................................................15 TWC Services, LLC..........................................................................................................................33 W Williams Professional Painting.........................................................................................................13 Windows Plus, LLC...........................................................................................................................9 Z Zalco Realty, Inc., AAMC................................................................................................................17

JULY 2017

| 37

Why is My Pond Green? Are Cattails Bad? Your residents have questions. We have answers.

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38 | Quorum­

How goes the voyage for your homeowner association?

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| 39

CHAPTER BENEFACTORS

C

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

PRESORT STANDARD US POSTAGE PAID WASHINGTON, DC # 3070

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

How can we serve you?

What makes us the Washington DC area’s residential property management leader? Value-added services, proven solutions, industry-leading expertise and best-in-class service with a local touch. The result?

Enhanced property values and lifestyles for every community and resident we serve.

That’s how we make a difference, every day, for great communities like yours… · High-Rise & Mid-Rise Buildings · Condominium & Homeowner Associations · Large Scale, Lifestyle & Active Adult Communities

Visit us at the WMCCAI 2017 Conference & Expo Booth 503

11351 Random Hills Road Fairfax, VA 22030 703.385.1133 www.fsresidential.com Making a Difference. Every Day.