Quorum | June 2020 by Quorum Magazine

Washington Metropolitan Chapter Community Associations Institute

JUNE 2020

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

TRANSITIONS EMBRACING CHANGE

ALSO IN THIS ISSUE

____________________________ Don’t Sleep On Your Rights: Virginia Condominiums and Statutory Warranty Claims on Structural Defects ____________________________ What’s In a Warranty? ____________________________ In With The New: Transitioning A New Board

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CONTENTS 12 How to Make Remote Business a Virtual Reality

BY LESLIE BROWN, ESQ. AND HILARY D. LAPE, AMS, PCAM

16 Case Study in Change: The Chapter Goes Remote

BY JAIME BARNHART, CMP, CAE

18 Don’t Sleep on Your Rights: Virginia Condominiums and Statutory Warranty Claims on Structural Defects

BY BRENDAN BUNN, ESQ., CCAL AND OLGA TSELIAK, ESQ.

20 Changing Hands – Transitioning Tips From a Developer

DEPARTMENTS AND MORE 5 Message from the Executive Director 6 Chapter Benefactor: Quest Insurance 7 Chapter Benefactor: The Falcon Group 9 Welcome New Members 10 Upcoming Events 11 People & Places 36 Classifieds 37 Index to Advertisers 38 Cul-de-sac: Transition Checklist: What To Ask For

BY KATIE HALFHILL, EBP, CMCA, AMS, PCAM

22 Welcome Home – What Did I Just Buy Into?

BY BRANDI RUFF, CMCA, AMS, PCAM

24 Questionnaires: An Important Tool in Performing a Successful Transition Study

BY KYLE PARSONS

26 Preparing Your Community for Success: Transitioning From Developer to Homeowner Control

BY CRISHANA L. LORITSCH, CMCA, AMS, PCAM

28 Successful Transitions: Changing Management Companies

BY RICHARD KUZIOMKO, MBA, CMCA, AMS, PCAM

30 Transitioning With Ease

BY SHAYLA LOVE, CMCA, AMS

33 In With The New: Transitioning a New Board

BY RON DIONNE

34 What’s in a Warranty?

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

BY KRISTEN BUCK, ESQ. AND RUHI MIRZA, ESQ.

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

We also welcome article submissions from our members. For author guidelines, call (703) 750-3644 or e-mail publications@caidc.org. Articles may be edited for length and clarity. JUNE 2020

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

This is a letter of gratitude and of thanks and of encouragement. In the past few months, we have all experienced major life changes – our work/life balance has been erased. We are educating children at home. We are avoiding public places and ordering groceries to be delivered. And we are managing our communities in different ways – remotely for some and under new restrictions with masks and limited contact with residents if you are still onsite.

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

CO U N C I L C HAI R S Communications Council Ruth Katz, ESQ. (Interim) Education Council Kevin Kernan, ESQ. Member Services Council Bernie Guthrie, CMCA, AMS, PCAM

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

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

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

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

QU O RUM E DI TORI AL CO M M IT TE E Co-chairs Christopher Carlson, PE, SECB and Liliana Martinez, CMCA, AMS Members Michelle Baquero, CMCA, AMS, Dan Blom, ESQ., Mira Brown, CMCA, AMS, Leslie Brown, ESQ., Kristen Buck, ESQ., Doug Carroll, Deborah Carter, CMCA, AMS, PCAM, Sara Castle, Traci Castrovinci, CMCA, AMS, Frannie Crouse, Brittanie Davis, CMCA, AMS, PCAM, Katie Halfhill, CMCA, AMS, Iman Jackson, CMCA, AMS, Kevin Kelly, Richard Kuziomko, CMCA, AMS, PCAM, Crishana Loritsch, CMCA, AMS, PCAM, Liliana Martinez, CMCA, AMS, Kirby McCleary, Susan Miller, CMCA, AMS, Kara Permisohn, Tracy Plazyk, CMCA, AMS, Brandi Ruff, CMCA, AMS, PCAM, Lauri Ryder, CIC, CRM, CMCA, Janet Smith, Gunnar Thompson, Susan L. Truskey, ESQ., Olga Tseliak, ESQ., Lee Ann Weir, CMCA, AMS, Doug White, P.E., Aimee Winegar, CMCA, AMS, LSM, PCAM, Jim Wisniewski, Michael Zupan, ESQ. Washington Metropolitan Chapter Community Associations Institute, a 501(c)(6) organization, serves the educational, business and networking needs of the community association industry in 80 cities/counties in Maryland, Virginia and the District of Columbia. Members include community association homeowner volunteer leaders, professional managers, association management companies, and other businesses and professionals who provide products and services to planned communities, cooperatives and condominiums. WMCCAI has more than 3,200 members including 300+ businesses, 1,100 professional managers from 85 management companies, and approximately 1,500 community association homeowners. WMCCAI is the largest of Community Associations Institute’s 62 chapters worldwide. Quorum is the award-winning premiere publication of WMCCAI, dedicated to providing WMCCAI’s membership with information on community association issues. Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all presented facts in articles. WMCCAI does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. This publication is issued with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services and nothing published in Quorum is intended to constitute legal or other professional advice and should not be relied on as such. If legal advice or other expert assistance is required, the services of a competent professional should be sought directly by the person requiring such advice or services. Articles appearing in Quorum may not be reprinted without first obtaining written approval from the editor of Quorum. In the event that such permission is granted, the following legend must be added to the reprint: Reprinted with permission from Quorum™ magazine. Copyright 2019 Washington Metropolitan Chapter Community Associations Institute. Quorum is a trademark of WMCCAI. Receipt of Quorum is a privilege of WMCCAI membership for which $65 in nonrefundable annual dues is allocated. The subscription price for nonmembers is $75 per year; contact publications@caidc.org or call (703) 750-3644.

Here at the chapter, we are settled into our remote status and making changes to 2020 programs to stay connected to you and to help you stay connected to each other. As I sit down in my home office to write, I am overwhelmed with gratitude. For our members, our national team, other CAI chapters, and our own chapter staff.

FROM THE EXECUTIVE DIRECTOR

O FFICE R S

In an instant, we pivoted from a vibrant chapter with a bustling busy office and a packed calendar of in-person events and programs to a remote staff with a list of cancelled or postponed gatherings. Instead of being down, our staff and our committees went to work to find ways to move education and networking to a virtual platform. Committees met online instead of in our conference room. The Board transitioned to meeting via Zoom. And staff took their work home for the foreseeable future. The downside to these changes was making decisions to cancel all in-person chapter programs. The upside – the massive amount of support, encouragement and ideas that flows from the membership. Immediately, we all went to work to figure out ways to stay in touch with each other, to provide valuable resources and information in this fast-changing environment, and to continue the great work of WMCCAI in educating members on best practices in community association management. I want to take this moment, in this letter, to thank you – every one of you – for the dedication to the chapter. We all play an important role in ensuring the success of WMCCAI. Thank you to those of you making sure our industry’s voice is heard in Richmond, Annapolis and the District of Columbia as legislation moves quickly to take care of our country. Thank you to the committees for getting creative in how to deliver education and networking opportunities to members in the new virtual world we live in. Thank you to our Board of Directors for their support and guidance as we change the ways we manage the chapter. Thank you to our sponsors and our Chapter Partners for their ongoing support of WMCCAI. We are in this together – today and into the next phase of the “new normal” that is yet to be seen.

JAIME BARNHART,

CMP, CAE

Jaime Barnhart, as the chapter’s executive director, is responsible for implementing the organization’s mission and goals, and managing its staff. Jaime has worked in non-profits/associations in the D.C. Metro area for over 12 years focusing on program management, events and trade shows, and marketing. She joined WMCCAI as the events manager in 2015.

To advertise in Quorum, e-mail publications@caidc.org. For more information about Quorum or WMCCAI, visit www.caidc.org.

JUNE 2020

CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Quest Insurance 4433 Brookfield Corporate Drive Chantilly, VA 20151 Telephone: (703) 961-8886 Website: www.QuestInsurance.us Since 1992, Quest Insurance’s talented and dedicated staff has prided themselves in operating an agency that partners with our clients to provide affordable coverage, while advocating for our clients’ position. We have been serving the D.C., Maryland, and Virginia area for over 25 years. Our seasoned staff with 150 years of combined experience, our agency’s continuous learning, and our commitment to philanthropy sets us apart from other agencies. Clients are our focus. We work with you to evaluate your risks and exposures, and our highly responsive team is ready to answer any questions you may have along the way. We are committed to excellence. That is why we decided to take an active role in the Washington Metropolitan Chapter Community Association Institute education committee. We work hard to remain up-to-date with the most current information in the insurance world in order to provide our clients with top quality and innovative solutions to

meet their needs. In addition to commercial insurance, we provide an employee benefits solution with a focus on the association members’ needs. The Quest team members have a “can-do” attitude and are client-focused and customer service professionals that work hard to ensure that our clients are completely satisfied with their coverage. We represent multiple carriers providing us the freedom to negotiate the best coverage for the best premium. For over 15 years, we have been members of the Independent Insurance Agents of Virginia working to ensure complete transparency with our clients through the entire insurance process. Beyond being a helping hand in the insurance industry, we are always looking for ways to give back to the community. We volunteer our services to a number of non-profits like Food for Others, Progressive Life Center, Family Strengthening Collaborative (which we have helped since its inception), and many more. Get in touch with us to see how our Quest’s “can-do” attitude can work for you. Contact: J. Sami Satouri, RHU, ChHC, Owner and President, ssatouri@questinsurance.us

Article Submissions:

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

For advertising, availability, rates, and specifications, please contact Morgan Wright at publications@caidc.org. Targeted advertising in WMCCAI’s Quorum, opens the door to thousands of prospective customers and contacts in the community association industry. 6 | QUORUM

CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

The Falcon Group Engineering, Architecture, Energy Services and Reserve Specialists 7361 Calhoun Place, Suite 325 Rockville, MD 20855 Telephone: (240) 328-1095 Fax: (240) 328-1096 Website: www.falconengineering.com Year Established or Incorporated: 1997 • Areas you serve: DC, Maryland, and Virginia • Corporate Associations: American Society of Civil Engineers (ASCE), Structural Engineering Institute (SEI), American Institute of Architects (AIA), National Society of Professional Engineers (NSPE), National Society of Architectural Engineers (NSAE), Sealant Waterproofing and Restoration Institute (SWRI), Roof Consultants Institute (RCI), International Code Council (ICC) • Licenses Held: PE, ME, RA/AIA, PRA, RS, LLS, Construction Official, Building Inspector, Mechanical Inspector Services Provided: The Falcon Group was founded in 1997 with a vision of creating a full-service, client-centric engineering and architecture firm. “We wanted to create a ‘one-stop-shop’ with a strong focus on customer service to bring a higher standard to the industry.” We pride ourselves on being able to assist with virtually every aspect of the construction process. From planning and design, to construction management, inspections, energy consulting, renovations, compliance to litigation and forensic engineering—Falcon has it covered.

The Falcon Group has extensive experience in the preparation of Capital Reserve Studies and Transition Engineering Reports for Community Associations. We have prepared over 3,000 Capital Reserve Fund Analyses since 1997 and have accumulated more than 100 years of collective experience among our staff which includes both CAI designated Reserve Specialists (RS) and APRA certified professional reserve analysts (PRA). Company Philosophy: Our wide-range of services offered certainly sets us apart from other engineering firms, however we truly believe it is our staff and their ability to make strong, lasting connections with our clientele that is our competitive advantage. We pride ourselves on delivering outstanding customer service and our repeat clientele, some for over 20 years, is testament to that. We care about our clients and go the extra mile. Mission Statement: To be the leader in the industry by providing professional, cost-effective and innovative architectural and engineering designs, solutions, and services through the use of highly qualified staff and outstanding customer service. At the end of the day, we sell two things:: 1) Trust and 2) Results. Falcon has built a 20+ year, positive reputation based on these two pillars of our foundation. Contact: J. Stewart Willis, swillis@falconengineering.com

JUNE 2020

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WMCCAI proudly welcomes the following members who joined the chapter in April 2020. Homeowner Leaders from the Following Associations Carlton House Condominium Devilâ&#x20AC;&#x2122;s Reach Condominium Fortnightly Square HOA Keene Mill Woods II Condominium Kenwood Condominium Lake Braddock Midtown North Condominium Unit Owners Association Montclair Property Owners Association River Towers Condominium Unit Owners Association South Kings Station Homeowners Association The Bower Condominium Association The Metropolitan Condominiums The Preserve at Piscataway Homeowners Association, Inc. Thoreau Place Unit Owners Association Watergate at Landmark Condominium Unit Owners Association Wentworth Green Community Association Woodbine Condominium

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Individual Managers Bridget A. Bennett Julie Burke, Legum & Norman, Inc., AAMC Keith A. Carr, Jr., Thos. D. Walsh, Inc. Natasha Jimenez, Associa-Community Management Corporation, AAMC Nathalie Lawrence, Associa-Community Management Corporation, AAMC Shiama Malik Shelby Mason, Landmarc Real Estate, AAMC Laketa McMillan, Associa-Community Management Corporation, AAMC Joseph W. Mosli, 930 ROSE UOA

CHAPTER NEWS

Welcome New Members

Management Company Thos. D. Walsh, Inc. Multi-Chapter Business Partner VoteHOANow - Strateja-XL, Inc.

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UPCOMING EVENTS

Please Note: All Upcoming Events are considered TBD and subject to change as we continue to closely monitor the COVID-19 pandemic. We encourage you to frequently visit our website at www.caidc.org to find the latest information, event updates, and member resources. Stay healthy and stay connected with us and your colleagues on our social channels as we navigate these next few months together! JUNE 4

Splash into Summer Safely Happy Hour 4 – 5 p.m. Zoom Meet-up

Join us for our next Virtual Happy Hour Series: #StayAtHomeSocial “Splash into Summer Safely” Happy Hour! Get ready for some summer fun as we discuss how to summer social distance style.! Grab your frozen drink of choice to cool off and gather virtually alongside your industry colleagues for a ‘Splashtastic’ hour of networking; Jeopardy style gaming and prizes, of course! Visit www.caidc.org for more details and to register online.

JUNE 11

Town Hall Webinar Series: Business as Usual? Community Reopening Approaches & Strategies 12 – 1 p.m. Online Webinar

Now that plans are in place for a phased reopening of all the places that have been shut down since March, how should community associations proceed? Our final Virtual Town Hall will have panel of industry experts to help sort through the issues. The threat of COVID-19 still exists, and reopening procedures must take into consideration safety, order, economics and quality of life to succeed in transitioning your community into a new normal. Don’t miss out on this important discussion! Visit www.caidc.org for more details and to register online.

J U LY 9

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

Brian Fellner, Esq. will take board members and managers through the essential portions of a contract, including termination, indemnification, and scope of work. Learn common legal terms and their meanings in the contract context, including gross negligence and for cause. Work through some common sticking points in contract negotiations and ways to work through them to achieve favorable terms. Visit www.caidc.org for more details and to register online.

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

Educational Session Package Sponsors Chancellor

THANK YOU TO OUR SPONSORS

Dean

Networking Package Sponsors Professor

For more information on WMCCAI meetings or upcoming events, contact the chapter office at (703) 750-3644, email info@caidc.org or visit www.caidc.org. 10 | QUORUM

Responding to the COVID-19 outbreak, FirstService Residential launched a Lifestyle@Home series as part of its ongoing commitment to enhance resident lifestyle. This program provides virtual experiences and programming to more than 1.8 million residents and families living in the 8,000 FirstService Residential-managed communities across North America. This program aggregates free entertainment, education, health and fitness and wellness content, as well as content provided exclusively to FirstService Residential residents and associates. Lifestyle@Home offers a wide range of programming from lifelong learning to on-demand fitness and includes: One Day University, Curiosity Stream, Les Mills, Evergreen Wellness, Kidvelope, and Grow Young Fitness. “We are excited to partner with the best in the industry to bring this program to our residents,” said Michael Mendillo, president, FirstService Residential. “It’s one of the many ways we’re working to make a difference in the lives of our residents and the communities we manage as we help them navigate through this pandemic.” Spearheading this initiative for the FirstService Residential East Region is Ted Gammon, vice president, lifestyle, and Michelle Kithcart, director of lifestyle programming and the Lifestyle@Home taskforce. “With Lifestyle@Home, we can positively impact and engage our residents’ by providing opportunities to help them sustain an active and healthy lifestyle while at home, said Kithcart. “We have seen virtual happy hours, painting parties, trivia nights, drive through farmers markets, food trucks, streaming of fitness classes, community social purpose initiatives and so much more. Just because we are social distancing, doesn’t mean we can’t be social!” For more information about FirstService Residential, please visit www.fsresidential.com.

PEOPLE & PLACES

FirstService Residential Launches a Virtual Lifestyle Program for Residents and Associates During the Coronavirus Quarantine

Cardinal Management Group, Inc. Welcomes New Community Associations

The team at Cardinal Management Group, Inc. could not be more excited and energized for all that 2020 holds. So it could not go unnoticed that they are proud to announce being retained at two very prestigious communities in the Northern Virginia area in the first quarter of 2020. The Cardinal team would like to welcome Residences at Station Square Condominium, located in Arlington & Virginia Heritage Community Association, located in Fredericksburg as two of the latest client partners to join the CMG family. After a rigorous and competitive bidding process, Residences at Station Square has become the largest high rise community in the CMG portfolio with three towers and amenities such as pool, community room and package delivery room. The community will be managed by Tom Markell, Assistant Vice President at Cardinal who is looking forward to working with the onsite management team to bring value and results. Victoria Garner, Executive Vice President of Cardinal Management Group, Inc. is enthusiastic about the team’s continued growth, particularly in the Stafford and Fredericksburg areas and is honored to have had the opportunity to work with the very talented and experienced community volunteers at Virginia Heritage through the long and strategic search process. Virginia Heritage, a community still in development is sure to benefit from Cardinal’s vast experience with active adult communities. Congratulations to Ms. Karen Cook on her promotion to the On-Site General Manager position at Virginia Heritage! CEO Thomas Mazzei said “We are proud to continue our pattern of scalable growth and are looking forward to making an impact in these communities. We are passionate about 2020; it’s an exciting and rewarding time for both our team and client partners.” Welcome to all the new Boards of Directors, committee members, owners & residents!

JUNE 2020

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By Leslie Brown, ESQ.

By Hilary D. Lape, AMS, PCAM

Leslie is Counsel with Rees Broome, PC where she represents community associations, businesses and non-profits in the Washington D.C. metro area. She was elected to the Chapter’s Board of Directors in 2019. Previously, she served as Communications Council Chair and Co-Chair of the Quorum Editorial Committee for the Chapter.

Hilary serves as the Executive Vice President for Legum & Norman. She has been in the Community Association Management industry for 20 years. Hilary currently serves as a member of the CAI Board of Directors. Hilary has earned her CMCA, AMS and PCAM designations and graduated from James Madison with a Bachelor of Science degree in Psychology and Statistics.

How to Make Remote Business

After this article was prepared, the Virginia General Assembly passed emergency legislation waiving the requirement that two board members be physically present in order to conduct a board meeting via telephone or video conferencing means. For more about the emergency legislation, visit: www.caidc.org/news/legislative-alert-virginia-general-assembly-relaxes-board-meeting-rules/

he world has changed drastically in a mere month. “Social Distancing” became a household term, parents became teachers, and busy, bustling offices turned quiet as businesses transitioned to fully or almost fully remote environments. Such a quick transition to remote workplaces would be challenging for any business, but for the community association industry, in particular, where relationships and contact are so important and the conduct of business is so heavily based in legal requirements, the challenges are many and the obstacles great.

Considerations for Managers Transition Analysis. It’s important to begin the process of transitioning to a remote environment with a comprehensive sustainability plan, focusing on the business goals, contract requirements, key positions and responsibilities as well as an analysis of risks and challenges when these positions become remote. By identifying functions that can be instantly transitioned to a remote environment (i.e. checking emails, voicemails, reviewing and analyzing financial reports, staying in contact with clients and residents, approving invoices, etc.) and those that present a greater challenge (i.e. sorting through daily incoming mail, preparing mailings, answering incoming phone calls, etc.), a plan 12 | QUORUM

can be implemented to address the more challenging functions as well as ensuring that the daily functions can continue without operational disruptions. Access to Technology. One of the first steps to ensure success in transitioning to a remote workplace is ensuring that all employees have access to remote computer and phone access. The technology that is used becomes incredibly important to ensure that managers and other support personnel can still continue to fulfill daily responsibilities without interruption. An additional challenge is presented with each individual’s access to technological resources at home (i.e. those employees that do not own a computer or do not have WiFi access). It’s incredibly important to inventory and document each employee’s individual technology and access at home and to provide additional resources to those that do not have them available (for example, providing “loaner” computers or hot spots for employee use). Site Operations. Addressing the challenges of moving a corporate office to a remote workplace is only part of the challenge when you are managing community associations. The same planning and effort needs to be paid to each of the association’s site oper-

ations under management as well. Assessing each individual’s access to technology and ability to perform their job functions at home is only part of the challenge, however. Moving a site office to a remote environment also requires regular communication with the Board of Directors and the residents of the community. Ensuring that you are communicating with the residents regularly regarding changes in operations and changing expectations related to communication with management, maintenance and the Board is critical to success.

Considerations for Boards Community association Boards have also had their own challenges. Board members who are accustomed to conducting business at in-person Board meetings and residents who are used to attending such meetings have had to alter expectations quickly and determine a path forward to ensuring that business can still be conducted, often posing operational concerns as well as legal ones. Remote meetings require planning, patience and flexibility. Management and the Board should work together to make as smooth a transition as possible to a remote meeting environment, with the understanding that the association’s first virtual meeting might not be perfect – and that’s ok!

Testing the Technology. It is recommended that the Board and Management, perhaps with a small group of community members, conduct a test run prior to the meeting to identify any potential pitfalls or challenges so that plans and solutions can be implemented in advance. The meeting platform used should be able to accommodate a call volume equal to the number of resident-owners, non-resident owners, and representatives holding power-of-attorney. Furthermore, the meeting platform should allow for both phone and web participation to accommodate those residents who do not have computers or who do not use the internet. Protocols and Etiquette. Controlling Board meetings can be a challenge when they are held in-person. Virtual meetings present a new set of challenges when it comes to control and staying on task. The Association should identify a moderator and the moderator should explain the meeting protocols and etiquette at the beginning of the meeting. Participant phones should be muted to reduce background noise and participants should hold questions until discussion is offered by the moderator. Only one person should speak at a time. Some platforms include a “raise your hand” feature that allows the moderator to control the order in which attendees participate. If a participant intends to exercise his or her right to record the meeting, this should be announced. Because of the ease in which on-line recordings can be disseminated, Boards may want to include as part of the meeting protocol a prohibition on livestreaming of the meeting to social media platforms. Board Meetings. The laws in our local jurisdictions must be considered as a Board considers virtual meetings during this health crisis. The laws pertaining to community associations in Virginia, Maryland, and D.C. mandate that Boards meet in person and openly (except for the discussion of certain executive session matters allowed). Unless a Board needs to decide a matter of health or safety within the community, a regular meeting of the Board is a non-essential meeting; therefore, Boards may postpone meetings or conduct them remotely. In Virginia, both the Condominium Act and the Property Owners’ Association Act permit Board members to participate in Board

meetings via telephone or video conference call, so long as at least two (2) Board members are physically present at the location of the meeting and everybody can be heard. The General Assembly didn’t enact these laws with states of emergency or recommendations from public health officials to enact social distancing and as much self-quarantining measures as possible in mind. Most venues where Boards commonly meet (community buildings, clubhouses, etc.), are currently closed due to the health crisis. It is hard to even imagine a Board member feeling comfortable meeting with another Board member in person merely to comply with the 2-Board member rule currently. So, Boards should utilize the unanimous written consent process as much as possible. Most sets of Bylaws permit Boards to utilize written resolutions to take actions outside of a Board meeting so long as the action taken is unanimous. Make sure that the action is filed appropriately in the books and records of the Association. It is recommended that actions taken outside of a meeting are ratified at the next meeting of the Board. If a Board in Virginia does need to hold a virtual meeting where no Board members are present in person, then it remains to be seen how the Common Interest Community Board would act on a complaint filed that the Board violated the open meeting requirements; but, under these unprecedented circumstances, it is reasonable for Boards to follow precautionary measures to maximize public health over technical compliance with the procedural requirements of the law until these states of emergency are rescinded. For D.C. and Maryland communities, there is more flexibility. The D.C. Condominium Act permits meetings of the Board to be conducted by telephone or video conference so long as everyone can be heard. In Maryland, if the community is incorporated under the non-stock act, then statute permits the conduct of Board meetings by telephone and video conference, so long as the governing documents do not restrict such use of technology and everyone can be heard. For communities in Montgomery County, the Commission on Common Ownership Communities provided a temporary waiver to meeting requirements by allowing Continued on page 15 JUNE 2020

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T H A N K

Y O U

T O

O U R

G E N E R O U S

C h a p t e r Pa r t n e r s 2020 Chapter Benefactors

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

Chapter Supporters Atlantic Union Bank BB&T Association Services BELFOR Property Restoration Gates Hudson Community Management, AAMC Goldklang Group CPAs, P.C.

Lerch, Early & Brewer, Chartered Sequoia Management Company, Inc., AAMC Thomas Downey, Ltd. USI Insurance

and recommending the use of telephone or video conferencing to conduct Board meetings, providing all members of the association the opportunity to join in and participate. Annual Meetings. When it comes to Annual Meetings, both the Virginia Condominium Act and Property Owners’ Association Act allow associations to use and integrate technology into their meetings and elections procedures. Under these statutes, unless the governing documents expressly provide otherwise, any notice required to be sent or received, or any signature, vote, consent, or approval required to be obtained may be accomplished using the most “advanced technology” available at that time. E-mail and other internet-based notice and voting websites, forums or networks generally qualify as “advanced technology”. For communities that are incorporated, the Virginia Nonstock Corporation Act also permits members to participate in meetings of the membership via remote communication if the Board allows for it (and it is otherwise not prohibited by the governing documents). Both the Maryland Homeowners Association Act and the Maryland Condominium Act provide that, regardless of what is stated in the governing documents, the Board may give the association authority to provide meeting notices or deliver information by electronic transmission provided that the owner provides the association with prior written authorization to provide such notices via electronic transmission. Likewise, in the District of Columbia, the D.C. Condominium Act permits associations to incorporate electronic voting and notice procedures. Please note that these statutes require that there be non-technology alternatives for those owners who do not have the capability or desire to use technology to receive notices or to vote.

Associations should encourage the use of proxy voting as much as possible to obtain votes in advance of the virtual meeting to simplify the remote meeting, but there still needs to be a means for owners to vote through the remote platform. When taking action, the meeting chair should call for motion, second, discussion and vote. Each speaker should state his or her name so that it can be recorded in the minutes. Final Thoughts. It’s important to remember that, as we lead our teams and Boards into a remote work environment, not everyone is comfortable with technology and some of our team members have never worked from home in their career. We have to exercise patience, flexibility and understanding of the discomfort that some people feel at such a drastic change and provide them with the tools and resources that they need to not only be successful in this transition but also comfortable with it. They need our leadership, compassion and empathy as these changes are implemented. While this has been a challenging time for our industry and has required management companies, Boards, and homeowners to pivot to a new and, in some cases unfamiliar way of doing business, the greatest lesson in all of this is that our teams and our clients are flexible and resilient! While the world will eventually return to normal operations, it is possible that the community industry will never return to the normal we once knew – some of the virtual methods of conducting business may be around beyond this health crisis, taking our industry to a place where technology is not new or scary, but appreciated and valued.

Communities also need to check their governing documents closely. If your community’s governing documents require that the meeting be held at a certain time of the year or in a certain physical place, you will have to find a way to reconcile conducting the virtual meeting against these strict provisions. Again, it is reasonable for associations to put public health over technical compliance. It is recommended that the membership adopt a resolution at the beginning of the Annual Meeting accepting the use of technology for the conduct of the meeting and waiving the requirements that the meeting be conducted in a particular place on the basis of the public health crisis. Another option is to ask that all members use proxy voting to establish quorum and for voting as much as possible. The notice and the minutes of the Annual Meeting must include that the meeting will be held remotely and that the reason for doing so is to comply with orders issued for the current public health emergency. The notice must contain instructions on how to access the remote meeting and should be sent through the association’s normal means. Associations will have to verify that each person participating remotely is an authorized participant. This can be accomplished by creating individual pins or passwords to participate remotely. JUNE 2020

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By Jaime Barnhart, CMP, CAE Jaime is the chapter’s executive director and responsible for implementing the organization’s mission and goals, and managing its staff. She has worked in non-profits/associations in the D.C. Metro area for over 16 years focusing on program management, events and trade shows, and marketing. She joined WMCCAI as the events manager in 2015. Jaime earned the Certified Meeting Professional (CMP) in 2007 and earned the Certified Association Executive (CAE) certification in 2019.

CASE STUDY IN CHANGE:

The Chapter Goes Remote

TRANSITION. PIVOT. ADAPT. SHIFT.

hese words have become common verbs in our daily language, especially when it comes to how we work. Just a few months ago, the chapter office was bustling with staff, committee leaders, volunteers, and delivery workers in high planning mode for 2020 Conference & Expo. Within days of that event ending, we knew something was on the horizon that would lead to change – and evolution, to bring the conference theme back. We had no idea what amount of transition it would be. But we were ready – more ready that I realized in fact.

via email blast and the creation of a resource page for all things related to the coronavirus pandemic in the country. In those messages, the goal was to ensure members that the chapter business will continue uninterrupted and to inform the membership how to contact the staff now that the office was closed. Don’t forget the building and other office vendors. Our chapter office is located in a office building park. Communicating the timeline and plan to the building landlord ensured that their onsite staff could keep an eye on our space in our absence and we were able to discontinue daily cleaning visits

Once the decision was made to close the chapter office, the move was quick – the first priority was the health and safety of the members who visit the office and the staff that work there. A move from a physical organization to a remote organization goes beyond the location of where the staff will work. It encompasses communication strategies, work materials and equipment, technology needs, and human relations.

and deliveries to the space. Letting the door security company know that the office will be empty is essential – if they see activity on the door access that is not consistent with a closed office, it may be the only way you know others are in your space.

Communications

Work Materials and Equipment

The first thing we did was notify chapter leaders of the change to a remote office. Notifying the entire membership was handled

In a very fast timeline, a review of what each staff member needed at home to execute their job duties was performed. We are lucky

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in that as long as we have internet, a computer and a phone, our chapter can manage the general operations and programs. When moving staff out of the office, it’s important to make sure that they have the appropriate equipment to do their job – and that can vary based on job description. Many of our materials are housed on the server so that made the transition easier – no need to pack up boxes of files and paperwork.

Technology The chapter office spent much of 2019 implementing new technologies – we upgraded the member database and installed a new phone system. No longer are we tied to the old traditional hardwired phone line; our phones are portable out of the chapter office, caller can access the appropriate staff easily using the dial by department menu, and we can update our outgoing message quickly. The member database moved from the physical server to the cloud – we can access it anywhere! Those upgrades were key to the ease of moving the chapter remote quickly. The basic fundamentals of our work – method to connect w it h m e mb e r s

and the member data – was already accessible online, no matter if we were sitting in the chapter office or at home. In addition, we were just starting to use Office 365 is a more robust way – the move to a remote office format sped up that process for the chapter. Our IT contractor was an essential partner in this process – getting all chapter laptops set up for remote work, training staff on new software and platforms, and being available once staff got home to troubleshoot set ups. As we got settled into our home offices, we turned our attention to chapter programs. While we had to cancel in-person events, we knew we needed to continue to provide members with education and connection to the chapter and each other. Virtual event and meeting platforms are numerous – we went to user-friendly options, Zoom and Microsoft Teams. Quickly, we were able to launch virtual Town Halls, best practice education sessions and even virtual happy hour networking events.

Human Relations This is a stressful time – and one of opportunity as well. When making the change from seeing each other every day in person to only

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seeing co-workers via a webcam during meetings, it was important to me to ensure all the chapter staff felt supported and connected. We are still meeting twice a week as a whole staff – we talk about chapter programs but we also make sure we take some time to chat with each other. The line between work-life and home-life is now non-existent — we are living and working in the exact same space every day. Creating work areas and stepping away from those areas after work hours and on weekends is essential to create a barrier between work and home. The normal schedules of school and daycares that no longer exist create other challenges for working parents and of course, sharing that work space with a spouse, partner or roommate who is also working from home. Building in flexibility is key – 9 am to 5 pm may not work right now. Keeping calendars updated online and communicating with each other about our daily schedules ensures we can keep moving the chapter program planning forward even from home.

The Takeaway None of this transition was done on our own. We needed the support of our chapter leaders, our members, and the various contractors who work alongside the staff. Teamwork makes the dreamwork – and in this instance, it was essential. When we will return to “normal”? No one really knows. And will “normal” look the same? Probably not. But what we learned in the last weeks was that we can pivot, we can change, and we can work differently and continue to achieve great results for our chapter.

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By Brendan P. Bunn, ESQ., CCAL

By Olga Tseliak, ESQ.

Brendan is a shareholder of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. and has been practicing community association law since 1993. He counsels the firm’s clients on the broad range of community association law issues and is also an experienced litigator. Brendan has been an active member of the Washington Metropolitan Chapter of CAI since 1993, served on the Board of Directors from 2000-2006, was elected President of the Chapter in 2005, and was inducted into the Chapter’s Hall of Fame in 2007. Brendan is a member of the College of Community Association Lawyers (CCAL) and is currently serving on the CCAL’s Board of Governors.

Olga is an associate attorney with the law firm of Chadwick, Washington, Moriarty, Elmore & Bunn P.C. Her practice is devoted to community association representation, including such matters of covenant interpretation and enforcement, contract law and collections. She is an active member of WMCCAI’s Quorum Editorial Committee.

DON’T SLEEP ON YOUR RIGHTS:

Virginia Condominiums and Statutory Warranty Claims on Structural Defects

ewly constructed residential buildings can be extremely attractive to purchasers in their apparent promise to be repair-free for years to come. Given this expectation, it can be extremely disheartening and aggravating for new unit owners to discover leaking roofs or malfunctioning HVAC systems or any number of structural problems just a year or two into ownership in the condominium. These issues can often be traced to defects in the original design or construction, which arguably should be addressed by the builder/developer under the construction warranty.

For an association board of directors, a structural warranty defect presents a serious issue because under the condominium instruments, the association is typically responsible for performing and financing the ongoing maintenance and/or repair of the common elements. 18 | QUORUM

Therefore, it is critical for condominium boards to be aware of the statutory warranty on the common elements under the Virginia Condominium Act to avoid being “stuck” with massive repairs for remedial work that should have been done by their condominium developer.

What is the Warranty?

intended use of all or part of the structure which require repair, renovation, restoration or replacement.” This definition is fairly broad, and there are few Virginia court decisions that construe the language. In practice, association attorneys typically argue for a broad reading of this term to best serve their condominium clients.

Section 55.1-1955 of the Virginia Condominium Act (“Act”) establishes a warranty for the construction of the individual units, as well as the condominium common elements. The statute provides that the declarant must warrant and guarantee each unit against structural defects and further provide that the units are fit for habitation and were constructed in a workmanlike manner. As to the common elements, the Act provides that the declarant shall warrant and guarantee all of the common elements against “structural defects.”

Requirement of Written Notice of Structural Defects

What is a “Structural Defect”?

The statute requires the developer to be given an opportunity to correct the alleged structural defects. A written notice must be sent to the declarant at least 6 months prior to filing a lawsuit and the notice acts to toll the statute of limitations for up to 6 months.

That Act defines “structural defects” as “those defects in components which reduce the stability or safety of the structure below accepted standards or restrict the normal

The first step for any condominium contemplating a structural warranty claim is to engage an engineer who can inspect the property and to identify all issues believed to be potential “structural defects” under the Act. This “Transition Study Report” becomes a staple document for the condominium in pursuit and negotiation of its claim against the developer, with the report identifying both design defects and defects in materials and construction.

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Time Period for Filing Suit Generally, most structural defect disputes resolve through negotiations with the developer. However, if the attempts at negotiation fail to achieve a resolution, it may be necessary for the condominium to file a lawsuit. It is important to keep in mind that any action for breach of warranty must be commenced within five years after the commencement of the date of the warranty (while also allowing for the tolling process noted above). To determine the commencement date of the warranty, an analysis of the condominium instruments and the transfer dates for the units may be required.

Negotiations with Developer As with most civil disputes, most warranty cases tend to be amicably resolved. This is particularly true with construction defect cases, which are usually costly due to legal and expert fees. Resolving a warranty case is often carried out through a settlement agreement providing that the developer must make certain repairs to the property, usually with the associationâ&#x20AC;&#x2122;s engineer inspecting the repair to ensure it is appropriate and workmanlike. While most settlements involve repairs, some cases do resolve through a financial payment, with the association using the proceeds to carry out repairs without further developer involvement. Pursuing the structural defect warranty is one of the most important tasks that confronts a new condominium board. Boards should work with their whole team â&#x20AC;&#x201C; management, attorney, engineer â&#x20AC;&#x201C; to ensure a thorough and deliberative process to give their community a fair and efficient result. JUNE 2020

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By Katie Halfhill, EBP, CMCA, AMS, PCAM Katie is an account manager at C&C Complete Services. Prior to entering into the contractor world, she spent 15 years managing community associations. Katie is also an active member on the Quorum Editorial Committee.

Changing Hands TRANSITIONING TIPS FROM A DEVELOPER

uring my management career, I had the fortunate experience of working with multiple developers and builders. Seeing a community grow from the start is a unique experience because the manager, the developer and sometimes the resident Board member – all have a hand in what will become the foundation. Once everything is set and the last

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home or unit is built, it’s time for the developer to transition the association over to owner control. But what exactly does that mean? What does it entail? I reached out to one of my developer friends, Jerry Berman, Executive Vice President at The Christopher Companies, to help give tips, from his experience, to ease everyone into a successful transition.

• Get owners involved immediately, on the board and committees. This allows for staggering of board terms, all while keeping members with historical knowledge. This also gives those with a vested interest in the association, power to assist in the establishment of the association. Even if the developer has the association’s best interest at heart, no one will have more interest than an owner.

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• Establish a resolution noting protocol for when common elements are ready to be turned over from developer to association. Establishing this policy early, means that the developer board members and the owner board members have both signed off on the protocol, allowing a seamless common element transition process. • Obtain a list of total parcels from the developer PRIOR to transition. This way the association knows ahead of time how many parcels should be turned over, to be able to start crossing them off the list. • Establish a transition committee to see the transition process through. A transition ad-hoc will be able to focus all its time on just the transition, allowing the manager and Board to continue with their respective duties. • Establish a transition checklist. Work with the association’s attorney and the developer’s attorney to make sure all parties are aware of what is on the list and to make sure nothing is left off. The Developer DOES NOT have their own list and they often rely on management to assist them and the association with transition. Don’t depend on the Developer to know what the association needs (plats, parcel deeds, governing documents, paint colors, etc.). Once the list is established, start asking for items from the developer as soon as possible so transition doesn’t get held up. • Developers should share their business plan if they need to do something in an association that may not be favorable to the owners. Communication is KEY and it betters relationships if developers are transparent and simply explain, for example, a common element will need to be altered or come off the original plan due to a slow housing market (or whatever the reason may be).

should be prepared to pay for one. You want accredited managers, who are ideally the best in the industry, assisting in the management of the association. • During developer control, a multi-year budget should be established to ensure the association is financially healthy by the time the developer departs. Sometimes you will find a developer helping fund a deficit until enough homes come online to be able to fund expenses on their own. Developers also fund deficits, to be able to keep assessments attractive while they are still selling. A multi-year budget will allow the Board and finance committee a five-to-ten year forecast, similar the reserve forecasts, to plan where the association will be in the future and what it will take to be in the green by transition. Thank you to Mr. Berman for offering these helpful tips! From my experience with a developing community, if the developer is also the builder, residents can come from a bad purchasing experience and take it out on developer board members. You have to try your best to explain, every month, that the developer board members wear two hats and when it comes to association business, residents need to separate the two. If residents can’t let that go, Board meetings can become hostile. Remind residents that Board meetings are for association business only and not the place for issues with individual homes, then offer the warranty number or contact information. Happy Transition!

• The developer should work with the management company, while they are still running the association, to explain management’s role within the association, to the residents. All too often roles are intermingled and misunderstood and it can be frustrating to all parties. • Developers, as well as association Board members should understand that if they want a great management company, they JUNE 2020

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By Brandi Ruff, CMCA, AMS, PCAM Brandi currently is the General Manager at King Farm Citizens Assembly, a large scale HOA, located in Rockville, MD. She is an active member of the Quorum Editorial Committee and a frequent contributor. Brandi is a strong advocate of continuing education, development, and growth for everyone especially those in leadership roles.

Welcome Home

odayâ&#x20AC;&#x2122;s homeowners and prospective buyers understand (or at least theoretically understand) the concept of a homeowners association. That soft understanding is weakened when the additional layer of a master association is introduced (a what?). Planned urban community development is increasing because more and more people prefer to spend less time commuting and more time enjoying life. These mixeduse communities incorporate various types of living needs (single family homes, townhomes, condominiums, and apartments) for its diverse and changing populations. The consolidation of the live, work, and play (dining, shopping, and other activities) model is increasingly sought after because of its convenience, but include variables that are overlooked or misunderstood by some. What did I just buy into?

even if they do it is a lot of information to retain), so the association and management become the community educators.

This type of living usually requires you to understand that you are part of something bigger. Think of it like a franchise; the master association is usually the parent company or the name you know. Letâ&#x20AC;&#x2122;s use buying a Pizza Hut franchise as an example with Pizza Hut as the parent company representing the master association. Even though the storefront says Pizza Hut, the franchisee, who purchased the franchise is named something else (think of the franchisee as a sub-association). The franchisee has to pay into and comply with certain rules put in place by the parent company. Keep in mind that franchisees may have some flexibility on how they operate and may have

their own set of rules for their particular franchisee or franchisee group, as long as falls within the guidelines given by the parent company. People tend to remember the parent company or master association (the big name or community name) and associate all the responsibility with it even though responsibilities are divided between various groups depending how the community is set up. This structure is determined by the developer and the local municipality. Once a new section or phase has the approval of the local municipalities and all parties have signed off and filed the legal documents, the section will have a declaration of annexation indicating that the section is officially part of the community and are subject to the governing documents.

Some homeowners (and mortgage lenders) can find the added element of a master association confusing. Does the homeowner pay one fee or two fees? Are the fees sent to the same place or different places? What services are covered with each fee? Who manages the services? Sometimes this basic lack of understanding can muddle thinking and be a source of frustration. The governing documents can answer most questions, but the reality is that most people donâ&#x20AC;&#x2122;t read the documents (or 22 | QUORUM

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WHAT DID I JUST BUY INTO? As a new phase of the community comes on-line, it is important the master association connects with the builders and more importantly their sales team and title/settlement companies. The goal is to ensure that the current documents are on file for their builder’s team, so they can relay pertinent and accurate information to prospective buyers. A smooth transition occurs when all parties are educated on the organizational structure, the rules and regulations, and general process of what can be expected moving forward. If a resident moves in, but other homes are still under construction, there may be confusion about who takes care of what, i.e., when the builder’s obligations end and the master association or sub-association obligations begin. Even though a section or phase of a community may technically be annexed into the master, the common area responsibility usually isn’t transitioned to the master association until the final walk through and punch list occurs with the builder’s superintendent. Who? What? Why do I need to know this?

J O B

As a way to help educate the owner, the master association could include a “lead sheet to highlight important information such as who the management company is, where payments go, on-site management, contact names and numbers, who manages which services, and other frequently asked questions. This page would be placed on top of the governing documents to facilitate a simple and user-friendly list/ reminder of what a new homeowner needs to know after settlement. Because purchasing a home and moving can be overwhelming, this sheet can give new residents, if nothing else, a starting point. This is about dispelling what you thought was fact (but wasn’t), managing expectations to reduce frustration, asking questions to those who know the answers (or can find the answers), and ultimately educating yourself about what you bought into. Welcome Home!

P O S T I N G

Assistant Community Manager/Covenants Administrator The Assistant Community Manager (ACM) is responsible for assisting with the on-site administration the daily operation of the community pursuant to the policies and procedures established by the Board of Directors or the Associations’ Governing Documents. The ACM may not change policies, but may recommend changes in policy to the Community Manager who may enact changes subject to Board approval. The CM will communicate and consult on a regular basis with the Assistant Community Manager and Portfolio Manager. All work and contractor related instructions from the Board will be coordinated through the Community Manager.

Company: National Realty Partners, LLC Location: Bristow, VA Job Type: Full Time Industry: Community Association Management Job Level: Mid-career Minimum Education: High School Diploma required Salary: Negotiable; based on experience and references. Posted: April 23, 2020 TO APPLY: Please submit resume and cover letter to Careers@NRPartnersLLC.com.

Please visit www.caidc.org/job-bank for the full job description and requirements.

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By Kyle Parsons Kyle launched his engineering career with ETC in 2001. Since joining ETC, he has developed experience in numerous roofing and waterproofing applications and has become a Registered Roof Consultant. In addition, he has extensive experience with the inspection and rehabilitation of balconies, exterior facing systems, concrete and pavement. Kyle has also performed numerous reserve studies of varying sizes and complexities. He obtained his Reserve Specialist designation in 2014.

Questionnaires:

AN IMPORTANT TOOL IN PERFORMING A

Successful Transition Study

ransition studies are a must for new communities. A transition study (also referred to as a warranty study) is an evaluation of the common and limited common elements of a community performed by a professional consultant to help discover any defects in workmanship or materials. An essential part of the study includes the submission of completed questionnaires by the unit owners.

Questionnaires are used to obtain observations of the owners related to possible deficiencies inside their units as well as in the common areas of the buildings. Some of the defects that could be reported include water intrusion, drywall cracks, site drainage issues, electrical and plumbing issues, and balcony railing problems, just to name a few. The unit

owners are in the building nearly every day, so they are the most aware any issues occurring in the building. Accordingly, they can provide valuable information for the study.

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Questionnaire responses supplement a transition study in many ways. Firstly, they help better direct the site inspections. For example, if several owners report interior water damage from potential roof or wall leaks, the inspections may need to focus more on the roof or faĂ§ade. Also, if several owners report issues within their units, the investigation can be tailored such that more specific unit inspections are included. This allows the site inspections to be more effective without having to access all of the units. Questionnaires can also help determine whether more substantial investigative services (such as sampling or testing) are necessary or if there are issues that may not be evident by a visual inspection. Such issues could include construction deficiencies causing excessive sound transmission between units, deficiencies in the flashings around windows, doors, or penetrations causing water intrusion into units, or construction defects causing condensation to form on the interior of windows. For instance, if several owners report water intrusion around windows or doors, it may indicate that the study should include more than just visual examinations. Moisture scans, spray testing or sampling of the exterior facing system may be warranted to better determine the source(s) of the water intrusion. Additionally, if numerous owners report condensation forming on their windows during cold weather it could suggest the presence of excessive air infiltration around the operable sashes, inadequate insulation around the window perimeters, or improper ventilation of air within the units. These conditions may not be readily apparent in a visual inspection; therefore additional evaluation work such as infrared thermal scans

J O B

to reveal any cold areas around the windows, testing of the windows to establish if excessive air infiltration is occurring, or testing of the interior conditions for relative humidity issues) should be included in the study. Questionnaires can also help determine whether issues within individual unit issues are an indication of a more significant issue that is related to the common elements. For instance, although, drywall cracks are typically related to normal settlement, numerous or large cracks can be a sign of a structural issue. Knowing this type of information can allow for the site inspections to be tailored to include the units experiencing the cracking to determine the seriousness of the issue. Finally, sometimes correspondence between the developer and owners is obtained as part of the questionnaires. This type of information can be critical in helping establish what repairs or investigative services the developer has performed prior to the study and if the repairs performed provide long-term solutions or are just band aide type repairs. A well-prepared questionnaire can be a huge asset in obtaining valuable information as part of a transition study. This information can be used to document deficiencies in the construction that can then be addressed by the developer under the terms of the applicable warranties. Accordingly, questionnaires should always be considered as part of a successful transition study.

P O S T I N G

General Manager â&#x20AC;&#x201C; Lansdowne Woods of Virginia Lansdowne Woods of Virginia (LWVA) in Lansdowne, VA, is seeking an experienced General Manager with at least a PCAM designation. LWVA is an over 55 controlled access active adult community with vibrant activity and fitness programs based out of a 48,000 sq ft Clubhouse. The HOA includes extensive landscaping, parking, outdoor facilities and six independent condominium associations consisting of 1,120 units. The General Manager works directly with the BOD President to ensure that the Association is effectively and professionally managed.

Company: Lansdowne Woods of Virginia Location: 19385 Cypress Ridge Terrace, Lansdowne, VA Job Type: Full Time Industry: Common Interest Association Job Level: Management Minimum Education: College Degree Posted: May 4, 2020 TO APPLY: Send resume to Bill Reynolds at management@lwva.org or to the property address.

Please visit www.caidc.org/job-bank for the full job description and requirements.

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By Crishana L. Loritsch, CMCA, AMS, PCAM Crishana is the general manager of The Adagio Condominium located in Bethesda, MD. An active member of the chapter since 2002, she’s a passionate advocate for the community association industry and believes in the power of volunteerism and paying it forward. Her commitment and enthusiasm have allowed her to be recognized as a Rising Star, Committee Chair of the Year, Volunteer of the Year and to receive the Chapter Appreciation Award. A natural mentor, she strives to influence everyone in her sphere to be better, every day. She truly believes that the chapter represents the best and brightest in the industry. An avid runner, she spends many early mornings preparing for her next big race.

Preparing Your Community for Success: Transitioning From Developer to Homeowner Control

ransitioning from declarant/developer control to homeowner control is one of the most important phases in the development of a community association and yet, many communities enter this phase without the proper guidance and expertise to navigate this challenging phase. It is more than a punch list of outstanding items due before bond release. It is the foundation by which the future operations of the association are built and its imperative that associations use every tool at its disposal to ensure a smooth transition process.

are not represented by the board of directors. Neither should it be a means by which the declarant/developer to perpetuate their policies. Rather, it should be a mutually beneficial relationship where both parties are able to achieve its goals. Secondly, the association should not partner with its management company to act as liaison between the developer and the residents. The management company should be expected to represent the interests of the res-

First, it would be remiss from the start it was not mentioned that the declarant/developer is a valuable component of the transition for the association.

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Now that we’ve established how important this transition phase is to the success of your community, who are the experts that should be utilized during this phase. While the experts used will vary depending on whether your community is a cooperative, a condominium building (garden, low-rise, high-rise) or a homeowner’s association

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The relationship between the declarant/developer and the association is critical to the success of any transition. Your relationship should be one of cooperation and not an Us vs Them relationship. Cooperation with the declarant/developer should not be construed as a form of collusion, where the interests of the ownership

idents and to act as a conduit of information between parties and coordinate transition activities accordingly.

• Interior/Exterior Painting and Carpentry • Commercial Flooring Installation • Turnkey Office and Hallway Refreshes • Aluminum and Vinyl Siding Cleaning • Wallpaper Removal & Installation

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comprised of single family and town homes, the following list is a good starting place.

Attorney The Association’s attorney is a critical part of the transition team. As part of the review of the documentation provided from the declarant/ developer’s governing board, they can ensure that you have the essential documentation for the association and help locate any documentation that may be held in public record should the developer not turn it over accordingly. Specifically, this information would include: • The recorded Declaration (original or certified copy).

are asking whether a condominium association’s electrical systems can handle the increased electrical load. An electrical engineer can help prepare an association at transition to better prepare for these kinds of requests.

Fire Protection/Safety Systems Analyst Dry sprinkler systems, wet sprinkler systems, fire suppression systems, oh my! Most boards, declarant or homeowner controlled, do not have fire system safety systems backgrounds and as these systems help protect life and property within a building, it is imperative that these systems are installed properly and tested prior to transition. A faulty sprinkler system can cause extensive damage to a property. All the better to assured that its operating properly.

• The developer’s Articles of Incorporation • Owner and mortgagee listing with contact information

Insurance Agent

• Bylaws

• Insurance policies

The association’s insurance agent should review the current policies to ensure the community is properly covered. A risk audit and site visit by the agent can also identify areas within the community that expose the association to risk and have those areas addressed prior to transition.

• Manufacturers, contractors, subcontractors, and suppliers warranties

Landscaper/Certified Arborist

• Rules and regulations • Meeting minutes

• Copies of service agreements and employment records (if any). Additionally, in the event of manufacturer or building defect claims, the Association’s attorney will be instrumental in advocating and negotiating terms for settlements and other agreements on behalf of the association, ensuring that the homeowner controlled protects the interests of the community and its members.

Auditor The primary function of this expert is to determine the financial health of the association and make recommendations to the board to ensure its health going forward. An audit of the association’s financial position at transition is crucial to determining whether the association is financially stable, and its reserves are well funded. Additionally, a review of the budget will indicate whether it is set properly to pay the operating expenses for the association, without risk of large deficits or surpluses at the end of the association’s fiscal year.

Engineers – Electrical, Mechanical, Structural The infrastructure of the community and its various systems need to be properly maintained and preserved. These systems, electrical, mechanical and structural are complex and need the expertise of engineers for each discipline to carefully inspect each system and report any deficiencies that would need correction prior to transition to homeowner control. Additionally, these experts would be able to determine whether these systems are capable of certain modifications later to accommodate the needs of the community as they change. For example, with the increased availability and use of electric vehicles, owners

For those properties that have substantial common areas, your landscaping company and a certified arborist are valuable as they can examine the types of plants, trees, flowers and other vegetation on your property to determine whether these items were planted in accordance with a master landscape plan (if applicable). They can also confirm that the landscaping allocated for planting was planted and not missed. Additionally, they can identify plants that are not ideal for a particular climate and make recommendations for more appropriate alternatives.

Pool Company Ahh, the pool, the one amenity in a community that’s typically only available for a limited amount of time every year but in the eyes of your residents, it is the crown jewel of your amenities. Delays in pool openings as a result of transition issues are never welcome. Your pool company can help identify problems that are outside of normal maintenance issues. Take advantage of this expertise and have your pool company perform a comprehensive inspection. Their business is pools and they can readily identify issues that may pose big problems for the association later.

The Forgotten “Advisor” It is important not to forget an advisor that has real life, real world experience living in your communities and that advisor is your residents. It is helpful to form a residential advisory committee to provide feedback to the declarant/developer board and communicate issues that directly affect residents that may have been overlooked in transition process. While this committee cannot override decisions of the declarant/developer board, it can provide another layer of oversight that is very useful. JUNE 2020

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By Richard Kuziomko, MBA, CMCA, AMS, PCAM Richard is the general manager of The Kenwood Condominium in Bethesda, Maryland and the President of the River Creek Owners Association in Loudoun County, Virginia. He has been an active writer, speaker and lecturer at various WMCCAI forums and member of both the Education and Quorum Committees.

SUCCESSFUL TRANSITIONS: Changing Management Companies

lmost all associations inevitably come to a point when they change management companies. Whether it be full service or financial, a change is sometimes a good thing. There are many reasons for doing so, some of the main ones are: • the management company has been there a long time and a board wants to know what other companies can offer.

The current company is another matter. When they lose a contract, interest may wain. But they are being paid so insist on getting every service they are contracted to provide. If you can get the parties together for a transition meeting it will help both sides understand what the other requires. The current management company will have access to bank accounts which have to be changed. This will include signature cards, receipt of

correspondence from government agencies, copies of documentation and other things. Everything the current management company has belongs to the association. Insist on getting it. Because so much of today’s documentation is electronic, getting copies of the general ledger, accounts receivable and accounts payable will be in data format. Insist on

• service has deteriorated over time; the association is taken for granted. • costs have been increasing or seem to be out of line with other associations. • with a fully qualified manager, the need for full service is no longer necessary, financial service may suffice.

Whatever the reason, and however the decision is made, the transition process can be the difference between success or aggravation. Before letting the current management company know of the change, carefully discuss with the new company how they will manage the transition. Well-established companies will have checklists with key events and items needed. For example, they will cover utility payments, general ledger mapping, reports etc. Use the new company to drive the transition, as they have a vested interest in getting the change done successfully and on time. 28 | QUORUM

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knowing what will be delivered, when and how it can be accessed. A data dump which can only be read with a proprietary program or a PDF is not good enough. The association will inevitably have to mine old data for one reason or another, having just unformatted data makes things impossible or costly. Arrange for a transition audit. Even though the prior management company is reputable, the auditor will certify the records are correct. More importantly the audit will verify that monetary balances are being transferred correctly. Finally, the auditor will have to certify based on the prior management company, that processes were correct to the date of transition. Doing it after the fact may lead to nightmares and a qualified audit. For owners, a transition is largely invisible. But they will have to complete new ACH (direct deposit) forms, change payment location to send checks or modify their bank recurring assessment payments. The new management company will have to send coupon books. For a manager this will be the most time-consuming part of the transition. Owners will also have to be informed of access web sites or portals. Good and frequent communication with owners is a key factor of success. Most management companies want to take over the resale function in associations. Transition is a good time to balance whether this should be outsourced to a company or brought in-house. Todayâ&#x20AC;&#x2122;s technology makes the production of resale packages simple, but there is a time component in doing so. Finally, with all of the work, is it worth it? This truly depends on the relationship with the management company, board, evolution of needs over time and the capability of the manager. Most contracts are signed for extended periods of time. An up-front effort of a few weeks may bring long-term benefits to the association and management. A new company may have better systems, quicker response, cost less and breath new life into the relationship. It is worth considering the benefits for the association.

703-642-3246 7619 Little River Turnpike, Suite 210 Annandale, VA 22003 NorthernVirginia.SentryMgt.com 540-751-1888 602 South King Street, Suite 400 Leesburg, VA 20175 Loudoun.SentryMgt.com 998684_Sentry.indd 1

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07/02/20 6:02 PM

By Shayla Love, CMCA, AMS Shayla Love is an onsite high-rise condominium manager located in Alexandria, VA. She has been with Cardinal Management’s team since February 2017. Shayla received her Certified Manager of Community Associations designation (CMCA) in 2016 and her Association Management Specialist designation (AMS) in 2018, she is currently working towards her Professional Community Association Manager designation (PCAM). Her strong work ethic and eagerness to learn is what drives her day to day.

Transitioning with Ease I

t’s your first day at your new community as an on-site manager and you walk in ready to take on the world. You sit down at your desk. You look to your left and see unfiled papers. You look to your right and you see a stack of invoices. Your staff comes in with questions and they need a response. The final straw is when you look down and see several open work orders that need to be completed and you ask yourself, “Ok, what now?” What do you do first? What items are most important? How could you possibly have the answers to questions on which you yet know nothing about? It is your first day on the job; where should you start?

Often, managers will acquire a new community with no roadmap and no indication of where to begin. Not to mention, the new client expects you to hit the ground running and solve all of their problems yesterday. Although each Management Company should have a protocol on how to transition an onsite manager onto a new property, it can be extremely intimidating walking into your new community and lead one to feel overwhelmed and underprepared. The good news is that there is an answer and a process that can be used for any community that any manager takes on! Here are 10

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items to get you started and headed in the right direction, which is success!

Hot Topics Your initial priority should be to discover the issues you need to tackle first. They include the items that need your immediate attention and cannot wait. I highly recommend taking the time to speak with the Association Counsel. They are an extremely valuable source of information to help understand and better prioritize your to-do list.

Governing Documents “What do your Governing Documents say?” That is the question we as managers are asked all the time. When you first start, it is a question you should ask yourself. It is so important to get your hands on your Governing Documents and to make sure you have a copy of any amendments and policy resolutions. It will take some time to really know your Governing Documents, but if you have them handy you can research whatever you may need.

Management Contract

Delinquencies

Reading management contracts is so fun, said no one ever! However, it is critical that you find your management contract and read through it carefully. You may have special requirements, obligations, and deliverables unique to that property and if you don’t read it you won’t know. Read your contract and make highlights and notes on items you think are important so that they are easy to reference in the future.

You can’t improve on things you know nothing about! Grab a copy of your delinquency list and go through it carefully, line by line, to see how the community is doing collecting assessments. How much is owed and what do the balances look like? Are they small or large? Work with your accounts receivable representative to see when the last time notices were sent out. I personally like to send friendly email reminders for all balances owed once a quarter. This also applies to any accounts that have been sent to legal for collections. Get with your legal account representative and go over your accounts. You might be surprised just how much you can learn by having a 10-minute conversation.

Walk the Property As managers, we must familiarize ourselves with our properties; what better way to do this than walking the property? Start walking the grounds. If you have staff on-site, have them give you the tour. Otherwise, take advantage of the historical knowledge longtime Board Members or owners may have to pass to down. You will want to know where the common areas are and what areas are the responsibilities of the Association. While you are doing your walkthrough, take notes and pictures. This is a good time to also check on your landscaping and general appearance of the property, and to ask yourself “How is the curb appeal?”

Contracts Knowledge is power and the more you know about your community, the more successful you will be. Start looking into what contracts the Association has in place and what they are for. This is a great time to set up meet and greets with your contractors. You will want to get to know them; it is always great to put a face to a name and build a rapport. Have the contractor explain their contract to you and make sure you have read over the contract first just to ensure you are all on the same page. When reviewing the contracts, and if one is not already created, create yourself a spreadsheet just to track your property’s contracts. You will want to note the account representative for that specific contract, start and end date, contact information, cost of the contract, and any other important notes you would want to stand out.

Staff Meeting “Alone we can do so little, together we can do so much.” – Anonymous Getting to know your team is a must! If you have staff, you want to plan a day in your first few weeks to meet with them. In this meeting you will want to not only introduce yourself, but also get introduced to your entire team. I like having “brainstorm” meetings where we gather to go over any items that are pending and need my attention. This is a time for them to have your undivided attention, which is very rare in this fast-paced business; take advantage of it!

Organize “For every minute spent organizing, an hour is earned.” – Anonymous Organizing your office should be the center of your attention for the first couple of months. Go through your office and gather any and all loose paper. Get that filing done, get those documents scanned in, and organize your office and workspace. It will take time, but trust me it is so worth it.

Speak with your Board Whatever way of communication works best for the Board and you make sure you are reaching out. You want to be aware of what the Board’s expectations are and what they see as the highest priorities. This will begin your action item list! You will want to keep the Board updated on what’s happening at the property. Trust me; they will want to know how your first few weeks are going!

Take a Deep Breath We all know how stressful this business can be, but the important thing to remember is to always stop and take a deep breath. If you get stuck on a task, put it down for a moment and go to something else, then try again later. If you need to call for help, don’t be ashamed. There is no such thing as a bad question. Utilize all the resources around you and ask away! Keep in mind that CAI has an amazing research library on their website which has a plethora of information that all CAI members should be taking advantage of. “Take a deep breath, pick yourself up, dust yourself off, and start all over again.” – Frank Sinatra. We all encounter different situations and challenges every day and no one property is the same as another! These helpful tips will get you off to a good start. In whatever you do, just remember to own it and do not be afraid to make a mistake. Each mistake is a learning opportunity. JUNE 2020

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By Ron Dionne Ron serves as President of the Westridge Swim and Racquet Club HOA in Woodbridge, Virginia. Westridge was named the 2019 Community Association of the Year in the Very Large category. Ron has served on the board for 5 years, was previously a member of the Covenants Committee and is actively involved in many aspects of the community.

NEW

In With The : Transitioning a

new board? But the old board was working perfectly…. We all know that change is inevitable and changing the composition of a board of directors is not a simple “plug in a replacement body to meet quorum.” So, how can we build a well-oiled machine? Let’s try using some best practices. Here are some basic assumptions: 1. Most new persons on a board probably ran for the position with some type of goal or agenda 2. Most have never served on a board 3. Most are unfamiliar with your governing docs 4. Most think they can speedily address and solve issues 5. Most have not given much thought to the BIG picture of being responsible for an entire association Did you find you new board member above? I think it is great that someone was interested enough to run for the board, but now it is the current board’s job to do some patient mentoring so every member can move forward. New members need to know that they

NEW Board

are important to the functioning of your “mini-government,” and each one brings new skills to the table. Have you considered a training session for the board? This is a great opportunity to bring in a third party, such as legal counsel to conduct the session. This provides a neutral ground where the entire board can share and benefit from the experience. Invite the other leaders in your association to attend, so everyone understands the board’s responsibility, authority, limitations, and how this is derived from the governing documents. Once the basic understanding is in place, the board can be fine-tuned to govern. What areas are your association trying to address? Try to match a member’s skillset or interest with that area and let that person run point for those matters. Have a “go-to” person for pool issues, drainage, technical support, etc. This gives a board member responsibility, ownership, and accountability. Association members have little issues and big issues. The board should address both, but not with the same urgency. The board’s priority is the big picture, but what issues

did the new member want to address by running for the board? Better yet, how will they address that issue now that they’ve seen the larger responsibility? Is that issue still a high priority? Re-addressing the issue with a better understanding of “how all the pieces fit” is a sign of board growth and cooperation. Communication is also a key consideration. Using Robert’s Rules of Order can bring focus to an issue and eliminate private discussions that detract from a meeting. Each member is important and needs to be recognized, in turn, to participate in a meeting. This is a team, so everyone needs to show respect, patience, and participation. Yes, PARTICIPATION is required and must be encouraged. There are 3 types of people: 1. Those who MAKE things happen, 2. Those who WATCH things happen, and 3. Those who WONDER what happened. An effective board member is one who makes things happen. Work as a team and you will accomplish great things! JUNE 2020

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By Kristen Buck, ESQ.

By Ruhi Mirza, ESQ.

Kristen is an attorney with Rees Broome and her practice is devoted to representing community associations in Virginia and D.C. She advises her clients on general and collection matters and prior to joining RB, she was counsel for a real estate developer and title company.

Ruhi works with Rees Broome’s Community Associations Group, whose aim is to assist community associations in providing services and amenities that preserve the nature and character of the community, protect property values and meet the expectations of the owners. Since joining the firm, she has worked on a number of collections issues and assisting with other general legal issues. Before joining Rees Broome, Ruhi worked with client representatives’ large lending institutions to develop sound litigation strategies for foreclosures, lien disputes, complex title issues and bankruptcy proceedings.

WHAT’S IN A

Warranty? A

common issue that all communities must deal with during transition from the developer are the inherited defects in the construction, design, and maintenance of the common areas and in the homes. The issues can lead to endless negotiations, disputes, and sometimes, ex-

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pensive lawsuits. However, a community can avoid (or at least lessen) the dark realities of transition, by educating itself on what is covered under the developer’s warranty. In Maryland, along with the express warranties in the contract, plans, specifications and

models associated with a community, section 10-203 of the Maryland Code requires the developer to transfer four implied warranties with the conveyance of every home. The developer must warrant that the home is: (1) Free from faulty materials; (2) Constructed according to sound engineering

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standards; (3) Constructed in a workmanlike manner; and (4) Fit for habitation.

warrants that the unit is fit for habitation and constructed in a workmanlike manner.

Section 11-131 of the Maryland Condominium Act includes additional implied warranties on the unit which begin upon transfer and extends for one year. The warranty obligates the developer to correct defects in materials or workmanship in the construction of walls, ceilings, floors, and ensures that the HVAC systems are installed within acceptable industry standards. The section also includes warranties from the developer on the common elements of a community. The warranty applies to the roof, foundation, external and supporting walls, mechanical, electrical, plumbing systems, and other structural elements.

Virginia. Code Section 55.1-357 offers implied warranties for new homes in a homeowner’s association. Unless waived or modified by contract, the developer warrants the home and its fixtures is sufficiently free from structural defects; constructed in a workmanlike manner; and if the developer is in the business of selling or building homes, that the home is fit for habitation. The foundation has a 5-year warranty and everything else has a 1-year warranty from the transfer of title.

Similarly, the Section 11B-110 of the Maryland Homeowner’s Association Act transfers the same implied warranties noted above to common areas within a homeowner’s association. Both Acts extend the warranty period for common areas until at least two (2) years after control of the association is transferred to the homeowners. This ensures that the initial homeowner-controlled association will have a fair opportunity to evaluate and investigate the common areas for defects and potential claims. Section 55.1-1955 of the Virginia Condominium Act warrants units against structural defects in each unit for 2 years from the date of conveyance to the first purchaser and all common elements for 2 years. This means that unit components or common elements are free from defects that reduce the stability or safety of the structure below accepted standards or restrict the normal intended use of all or part of the structure and that require repair, renovation, restoration or replacement. Typical unit components include flooring and other interior finishes, and systems serving only that unit. Common elements typically include the roof, building exterior, lobby, elevators, and building-wide mechanical systems. The declarant also

Additionally, performance bonds are posted with the locality to ensure the association’s site improvements, such as sidewalks, roads, landscaping, will be completed in accordance with approved plans. The bond will not be released by the locality unless the site improvements were built according to the approved plan. The D.C. Condominium Act provides in Section 42-1903.16 that the declarant warrants against structural defects in each unit for 2-years from the date the unit is first conveyed and all of the common elements for 2 years1. The declarant must also post a bond equal to 10% of the estimated construction costs to satisfy any costs that arise from the declarant’s failure to satisfy their warranty obligation. For homeowner associations in D.C., an owner or association may be entitled to relief under D.C. Code Section 28-3904 (Consumer Protection Procedures Act) if the developer failed to disclose major defects at the time the property was sold. In conclusion, the warranties available to owners and associations vary by state, statute, and applicable governing documents. When seeking defect remedies, it is imperative that each are reviewed to determine coverage, scope and availability.

1 This warranty may be waived or modified for conversion condominiums. JUNE 2020

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Directory and Classifieds ASPHALT PAVING/MAINTENANCE/REPAIR

JANITORIAL

MANAGEMENT SERVICES (CONT’D)

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

Clean Advantage Corporation 9701 Philadelphia Court, Suite G-7 T: (800) 315-3264 Lanham, MD 20706 F: (301) 595-3331 www.cleanadv.com info@cleanadv.com

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

Dominion Paving and Sealing 290 N. Brewster Lane T: (800) 728-3312 Purcellville, VA 20132 www.dominionpaving.com Josh Schiffer info@dompave.com Espina Paving, Inc. Asphalt/Concrete 15441 Farm Creek Drive T: (703) 491-9100 Woodbridge, VA 2191 F: (703) 491-9101 Serving: MD, DC, VA info@espinapaving.com ATTORNEY

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

ETC Engineering and Technical Consultants Inc. Water intrusion, roofing, exteriors, windows, balconies, property studies, structural & architectural services www.etc-web.com T: (703) 450-6220 Mindy Maronic mindy@etc-web.com The Falcon Group www.falconengineering.com 7361 Calhoun Place, Suite 325 Rockville, MD 20855 T: (240) 328-1095 Stew Willis info@falconengineering.com GENERAL CONTRACTORS

Ploutis Contracting Co, Inc. T: (703) 360-0205 8365 Richmond Hwy F: (703) 360-5439 Alexandria, VA 22309 info@ploutiscontracting.com Stella Ploutis www.ploutiscontracting.com INSURANCE

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

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MANAGEMENT SERVICES

Associa Community Management Corporation, AAMC 4840 Westfields Blvd, Suite 300 T: (703) 631-7200 Chantilly, VA 20151 www.cmc-management.com John Tsitos, CMCA, AMS, PCAM jstitos@cmc-management.com Barkan Management, LLC AAMC 8229 Boone Blvd., Suite 885 T: (703) 738-2501 Tysons Corner, VA 22182 F: (703) 388-1006 Michael Feltenberger, CMCA, AMS, PCAM Senior Vice President CAMP, AAMC (Community Association Management Professionals) www.gocampmgmt.com T: (703) 821-CAMP 4114 Legato Road, Suite 200 Fairfax, VA 22033 hgraham@gocampmgmt.com 209 West Street, Suite 302 Annapolis, MD 21401 sblackburn@gocampmgmt.com Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 Fairfax, VA 22033 L. Peyton Harris Jr., CMCA, CPM lph@capitolmanagementcorp.net

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

Capitol Property Management Corporation, AAMC 3914 Centreville Rd, Suite 300 T: (703) 707-6404 Chantilly, VA 20151 www.capitolcorp.com Jeff Lawrence, CMCA, AMS, PCAM jlawrence@capitolcorp.com Cardinal Management Group, Inc., AAMC 4330 Prince William Parkway, Suite 201 T: (703) 569-5797 Woodbridge, VA 22192 www.cardinalmanagementgroup.com cardinal@cardinalmanagementgroup.com Thomas A. Mazzei, CMCA, AMS, PCAM CFM Management Services, AAMC 5250 Cherokee Ave, Suite 100 T: (703) 941-0818 Alexandria, VA 22314 F: (703) 941-0816 Christiaan Melson, AMS, PCAM cmelson@cfmmanagement.com Comsource Management, Inc. AAMC www.comsource.com 3414 Morningwood Drive T: (301) 924-7355 Olney, Maryland 20832 F: (301) 924-7340 Gary M. Simon, CMCA, AMS, PCAM gsimon@comsource.com

KPA Management, AAMC www.kpamgmt.com 6402 Arlington Blvd., Suite 700 T: (703) 532-5005 Falls Church, VA 22042 F: (703) 532-5098 Offering personalized service Ed Alrutz, CPM, CMCA, PCAM ealrutz@kpamgmt.com Legum & Norman Inc. AAMC 3130 Fairview Park Drive Ste 200 T: (703) 600-6000 Falls Church, VA 22042 www.legumnorman.com Marc B. McCoy, CMCA, AMS MMcCoy@legumnorman.com Sentry Management www.sentrymgt.com 7619 Little River Turnpike, Suite 210 T: (703) 642-3246 Annandale, VA 22003 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20171 Dave Ciccarelli, AMS, PCAM dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle T: (703) 803-9641 Chantilly, VA 20151-2283 www.sequoiamanagement.com Craig Courtney, PCAM ccourtney@sequoiamgmt.com PAINTING SERVICES AND RETAILERS

Capital Painting Co. www.capitalpainting.net 5520 Oakwood Road T: (703) 313-0013 Alexandria, VA 22310 F: (703) 922-1826 George Tsentas george@capitalpainting.net Reston Painting & Contracting 619 Carlisle Drive Herndon, VA 20170 David Hamilton

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

INDEX TO ADVERTISERS A Associa-Community Management Corporation, AAMC......................................................................8 B Barkan Management, LLC, AAMC..................................................................................................24 Brothers Paving & Concrete..............................................................................................................4 C Capital Painting Co.........................................................................................................................19 CIT - Community Association Banking & CondoCerts......................................................................30 RESTORATION SERVICES

Clean Advantage Corporation T/A Condominium Cleaning Service..................................................40

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

D DoodyCalls.....................................................................................................................................15

ROOFING

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

The Falcon Group...........................................................................................................................34

WINDOWS & DOORS

FirstService Residential DC Metro, LLC, AAMC................................................................................39 G Gardner Engineering, Inc..................................................................................................................9

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

M Miller-Dodson Associates................................................................................................................22 P Ploutis Contracting Co., Inc.............................................................................................................39 R Reston Painting Company................................................................................................................2 S Sentry Management, Inc.................................................................................................................29 Solitude Lake Management............................................................................................................17 T TWC Services.................................................................................................................................19 W Williams Professional Painting.........................................................................................................26 Windows Plus, LLC.........................................................................................................................20 WINTRUST Community Advantage Bank.......................................................................................28

JUNE 2020

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CUL-DE-SAC

By Mark Hawkins, CMCA, AMS Mark is a portfolio manager with EJF Real Estate Services located in Washington, DC. He manages multiple associations including cooperatives, condos, and HOAs and has been in his current position for four years. Prior to that, Mark worked in real estate sales and was a professional chef for 15 years. He is currently working towards his PCAM certification.

Transition Checklist:

ransitions from the developer of an association to members of an association can be stressful and difficult. It is not always clear what information should be passed on or what questions should be asked of the developer when turning over the necessary documentation. The first thing to be aware of are the legal requirements for your jurisdiction. Laws vary from state to state with regards to what might be required of the developer during the transition. If you are unfamiliar with your state’s legal requirements, it is always best to check with an attorney. The following is a list of documents that should be expected, and if not received, requested from the developer during a transition: • All stamped and recorded governing documents. Be sure to go through these documents once received. Cross reference the declaration with the bylaws to be sure they are written correctly. • Check the par value listing. Make sure that this totals to 100%. If this does not add up correctly, assessment amounts may not add up and this can be difficult to be correct down the road. • Certificate of Occupancy. This is not always given with the governing documents so be sure to check that it is included. • Initial operating budget. The budget is significant for future planning. Be sure this document is clearly marked when being handed over from the developer. • As-built mechanical drawings along with structural design drawings including electrical, plumbing, water supply,

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WHAT T O AS K FOR

drainage services and all hidden lines/ services, etc. Frequently, the developer will give the design drawings only. Design drawings are not always the final draft or what is built and installed so it is important to be sure the as-built drawings are included. The final draft as-built drawings are typically what is submitted for permitting and recorded with the city. • All pertinent warranties. Check through each warranty to be sure they are in the name of the Association, not the developer or the declarant. At times you will need to go through a formal process to transfer the warranty from one entity to another. The earlier the warranty information is verified the easier it will be to make a formal request if necessary. • Vendor lists. Be sure to get clear and accurate information of what vendors installed a product or system and what vendor provides the maintenance after installation. Not having an accurate list can cause confusion on who to call when service requests need to be made. • Common area maintenance operations and maintenance manuals. This should list all the major equipment and the maintenance that is required. Having maintenance manuals can assist in the creation of a maintenance calendar to be used for years to come. • Common area finish schedule. The correct item name and type, such as paint and color(s), wallpaper, carpet, tile, etc. should be given to the association. Ideally, the schedule should include the vendor responsible for each item. • Storage assignments (if applicable). A

simple list of storage units that convey with a specific unit is extremely valuable. Questions will arise at some point, so it is helpful to be prepared with this document. • Parking assignments (if applicable). Parking spaces are at times sold as a separately titled and deeded piece of real property. Be aware of whether parking is privately owned. Having a list of which parking spaces convey with a specific unit is also extremely valuable to have. • Typical unit turnover binder. A digital copy of this would be best. If the developer does not turn over a digital copy, it is ok to ask for them to digitize it and send you a copy. • Example sales contract. Typically, this will come as part of the Public Offering Statement. • Make sure you are aware of all local encumbrances. Green roof requirements, stormwater maintenance requirements, vault taxes, etc. can be costly if certain obligations are not met. When all necessary documentation and other useful information is received, it is helpful to start a spreadsheet to track sales dates. The date of the first sale is valuable when the association is ready to start a transition/ warranty study. That study should be completed within 2 years of the date of the first sale. Also tracking the important benchmark percentages and the dates at which they are reached is beneficial. Developer transitions will always be tough. Knowing what information should be received and what questions should be asked will help you immensely.

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As Metro DC’s residential property management leader with national resources, we know what it takes to create great communities that residents are proud to call home. We start by putting the right teams in place - local property experts who deliver our best-in-class solutions, along with genuinely helpful service, to enhance the property values and lifestyle of those we serve.

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· High-Rise and Mid-Rise Buildings · Condominium and Homeowners Associations · Lifestyle, Large-Scale and Active Adult Communities Office Locations: 11351 Random Hills Road, Suite 500, Fairfax, VA 22030 923 Maple Grove Drive, Suite 101, Fredericksburg, VA 22407 8701 Georgia Avenue, Suite 300, Silver Spring, MD 20910 703.385.1133 | www.fsresidential.com

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2020 CHAPTERâ&#x20AC;&#x2C6;BENEFACTORS

ASPHALT & CONCRETE

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

PRESORT STANDARD US POSTAGE PAID ALEXANDRIA, VA # 5659

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

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Articles inside

What’s in a Warranty?

Case Study in Change: The Chapter Goes Remote

Don’t Sleep on Your Rights: Virginia Condominiums and Statutory Warranty Claims on Structural Defects

Successful Transitions: Changing Management Companies

Preparing Your Community for Success: Transitioning From Developer to Homeowner Control

Transitioning With Ease

How to Make Remote Business a Virtual Reality

Questionnaires: An Important Tool in Performing a Successful Transition Study

In With The New: Transitioning a New Board