Quorum — May 2017

Washington Metropolitan Chapter Community Associations Institute

MAY 2017

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

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2 | Quorum­

MAY 2017

­CONTENTS 12 45 Years of Fair Housing for All in Virginia

BY LIZBETH T. HAYES

16 Ignoring Movie & Music Licensing Only Leads to Treble

BY LAURI RYDER, CIC, CRM, CMCA

BY JORDAN HALLE, ESQ.

20 LoCo Large Scale Summer Events

BY RON UNGER, CIC

21 Community Summer Fun

BY TAMARA L. PADGETT, CMCA, AMS

22 National Night Out

DEPARTMENTS AND MORE 5 Message from the President 6 Chapter Benefactor: Rainbow International Restoration 6 Quorum Magazine Editorial Calendar 7 Welcome New Members 8 Upcoming Events 9 Event Flyer: Manager Breakfast & Business Showcase 10 People & Places 11 Event Flyer: Anniversary Cruise 15 Event Flyer: Better Board Meetings 15 Event Flyer: Rookie Manager Essentials 32 Classifieds 33 Index to Advertisers

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

BY BRITTANIE D. DAVIS, CMCA, AMS, PCAM

24 Rooftop Terraces; The Quintessential Urban Amenity

BY TODD SINKINS, ESQ.

26 Summer Fun & Liability

BY RON BRIDGE

28 Lake Ridge Association Goes to the Dogs!

BY LAURA KRAUSS

30 Fireworks in the Community

BY PATRICK CYRANA

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.

MAY 2017

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COMMUNITY. EXPERIENCE. ASSOCIA.

Leading Communities with More Leading Experts

Six more Associa Community Management Corporation (CMC) and Select Community Services (SCS) employees became Professional Community Association Managers (PCAM®) in 2016.

All CMC and SCS PCAM®s

2016 CMC and SCS PCAM®s

Our employees have done it again. After six staff members earned their PCAM® in 2015, six more went on to achieve this distinction in 2016. They include: 1. Jim McCullough, Vice President of Financial Management 2. John Tsitos, Vice President of SCS 3. Gay Bridges, Vice President of SCS

4. Randy Summers, Community Manager 5. Alan Van Grack, Community Manager 6. Jeanine Dehn, Community Manager

This recent accomplishment brings CMC and SCS a total of 21 PCAM®s, allowing us to lead communities with a growing number of leading experts.

4840 Westfields Blvd., Suite 300 | Chantilly, VA 20151 Call:703.631.7200 www.cmc-management.com | askus@cmc-management.com

Delivering unsurpassed management and lifestyle services to communities worldwide.

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

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

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

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

QU O RUM Editor Rickey E. Dana, rdana@caidc.org Design Six Half Dozen

QU O RUM E DI TORI AL CO M M ITTE E Co-chairs Susan L. Truskey, ESQ. and Nicole Williams, ESQ. Members Mira Brown, CMCA, AMS, Chris Carlson, PE, Deborah Carter, CMCA, AMS, PCAM, Michael Gartner, ESQ., Laura Goguet, CMCA, AMS, Scott Greges, CMCA, AMS, Shannon Junior, Ruth Katz, ESQ., Crishana Loritsch, CMCA, AMS, PCAM, Thomas Mugavero, ESQ., Kara Permisohn, Brandi Ruff, CMCA, AMS, Lauri Ryder, CIC, CRM, CMCA, Kim Veirs, Aimee Winegar, CMCA, AMS, PCAM, Michael Zupan, ESQ. Washington Metropolitan Chapter Community Associations Institute, a 501(c)(6) organization, serves the educational, business and networking needs of the community association industry in 80 cities/counties in Maryland, Virginia and the District of Columbia. Members include community association homeowner volunteer leaders, professional managers, association management companies, and other businesses and professionals who provide products and services to planned communities, cooperatives and condominiums. WMCCAI has more than 3,000 members including 300+ businesses, 1,100 professional managers from 85 management companies, and approximately 1,500 community association homeowners. WMCCAI is the largest of Community Associations Institute’s 62 chapters worldwide.

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

Articles appearing in Quorum may not be reprinted without first obtaining written approval from the editor of Quorum. In the event that such permission is granted, the following legend must be added to the reprint: Reprinted with permission from Quorum™ magazine.

Copyright 2017 Washington Metropolitan Chapter Community Associations Institute. Quorum is a trademark of WMCCAI. Receipt of Quorum is a privilege of WMCCAI membership for which $65 in nonrefundable annual dues is allocated. The subscription price for nonmembers is $75 per year; contact publications@caidc.org or call (703) 750-3644.

To advertise in Quorum, contact Diane Sohn (703) 750-3644 or email publications@caidc.org.

WORK ‘N PROGRESS As we each individually look forward to the transition from spring to summer, and all of summer’s timeless recreational offerings, the Chapter is in full swing with its own transition. As you are aware, Jaime Barnhart has stepped into the role of WMCCAI’s newest executive director. Faced with numerous transitional challenges, Jaime has approached them head-on with her positive energy and fresh ideas. From a leadership perspective, the executive director transition process has occurred within minimal issue or concern, thanks in part to the prior executive director Matt Rankin’s professionalism and strong desire to ensure that our Chapter was left in capable hands. On behalf of WMCCAI, we once again thank Matt for his service to our organization.

FROM THE PRESIDENT

­O FFICE R S

As if the executive director transition alone was not enough, Jaime was tasked on day one of the job with hiring additional staff for the Chapter’s vacant communication’s manager position, as well as her own former events manager position.

WMCCAI’s Board of Directors is confident that she will assemble a talented team of dedicated individuals to assist us in achieving the Chapter’s goals. We look forward to great things from Jaime and her team.

WMCCAI is also transitioning in a physical sense – as of early April, the chapter office renovation is fully underway. The Chapter staff, office equipment, and files have all been relocated to a temporary space just upstairs from our current office until the renovations are complete. Demolition of the office space has begun, and we anticipate that the Chapter’s headquarters renovation will be near completion as July’s summer festivities begin.

Prior to the temporary relocation, staff worked diligently to sort, catalog, and pack the Chapter’s many years of rich history. A friendly competition began during this process to determine which member of staff could locate the oldest Chapter document in storage, the winner having found an impeccably-maintained membership directory from 1978. These historical records serve as a physical reminder of the innumerable efforts of the Chapter’s past volunteers and staff, as well as a reminder of just how far WMCCAI has come during the last 40 years. We remain grateful for those past contributions, and endeavor to work toward continued success over the next 40 years.

I would like to thank each of WMCCAI’s current sponsors and volunteers for your patience and understanding as the Chapter moves through this period of transition. While we will strive to ensure that this transition is seamless, we will always be open to hearing from you if it is not. Finally, I would like to personally thank those committee members who may have to travel a few extra miles to attend a meeting in an off-site location, as well as those individuals and firms who have generously offered to temporarily host WMCCAI’s committee meetings.

Your efforts will be rewarded as we all enjoy our newly renovated conference facility this summer!

BRUCE H. EASMUNT,

ESQ.

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

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

MAY 2017

|5

CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Rainbow International Restoration Company of Northern Virginia Ion Spac 8538-L Terminal Road Lorton VA 22079 Office: 571-229-5848 Fax: 571-229-5847 Email: ion.spac@mail.rainbowintl.com Website: www.rainbowintl.com/Alexandria Services Provided: Based on 33 years of experience in flood restoration, fire restoration, smoke damage and mold removal, Rainbow International has put into practice a comprehensive and customer care-focused protocol system. Rainbow’s Emergency Service Teams are available 24 hours a day, 7 days a week, and 365 days a year. Rainbow’s water damage restoration technicians are trained in current procedures like Rapid Structural Drying in order to dry the entire structure as quickly as possible by utilizing state-of-the-art equipment and technology. Rainbow’s service technicians can also help with, Board-Up, TarpOver Service and/or Reconstruction Services.

Because we comprehend just how important it is to act quickly in the face of an emergency, you can rely on Rainbow International to provide the quick emergency response and efficient professional services that are on-call 24-hours a day.

Rainbow’s foremen and superintendents will oversee reconstruction of the damaged property/building from the beginning to the end.

Exceeding customer expectations is what sets us apart. We are committed to the four tenets of customer-service excellence: Fast Response, Quality Results, Genuine Concern, Clear Communication.

CAI Member Since: 2013 Certificate of Insurance: Yes Bonded: N/A Areas you serve: Virginia, Maryland and Washington DC Corporate Associations: Capital Building & Facility, Building Owners and Manager Associations, Property Management Association and National Association of Residential Property Managers.

Licenses Held: Virginia – A licensed contractor.

Company Philosophy: We live our Code of Values by; • Respect • Integrity • Customer Focus We Restore, You Recover!!

QUORUM MAGAZINE EDITORIAL CALENDAR

Month Theme June Covenants July Legislative Update August Annual Meeting Review September Budgets/Finances October Parking *Themes subject to change.

6 | Quorum­

Article/Submissions Ads Due Due April 1 April 17 May 1 May 17 June 1 June 17 July 1 July 17 August 1 August 17

CHAPTER NEWS

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

Community Association Volunteer Leaders from the Following Associations Berkeley at Ballston Condominium Chelsea Woods Court Condominium Heritage Crossing Unit Owners Association Landmark Mews Community Association Silcott Meadows Homeowners Association The Towers Condominium Walnut Grove Condominium Westwood Towns Homeowners Association Individual Managers Rayan Alnoor, FirstService Residential, AAMC Safiatou Amadou Daouda, Presidential Towers Condominium Alexander Burkett, Willowsford Homeowners Association Michael Cumberland, SFMC, Inc., AAMC Amy P. Daniels, SFMC, Inc., AAMC Lisa Dommes, Cardinal Management Group, Inc., AAMC Alora Doud, SFMC, Inc., AAMC Corinne Dreskin, Community Association Services, Inc., AAMC Gloria Fakess, First Owners’ Association of 4600 Condominium, Inc. Geraldine Genebroso, Gates Hudson Community Management, AAMC Nema Hashemi Danielle Holden, First Owners’ Association of 4600 Condominium, Inc. John G. Janco Sarinda Ly, CMCA, AMS, Jeffrey Charles & Associates William E. Metzger, Crescent Property Management, LLC Stephanie Myers, SFMC, Inc., AAMC Karen Neal Jennifer Oberg, EJF Real Estate Services, Inc. Tracey Schaefer, SFMC, Inc., AAMC Charity J. Stahl, CMCA Cheri L. Thacker, SFMC, Inc., AAMC Rainna P. Thompson, Potomac Valley Management Company, LLC Teresa Travatello, Montebello Condominium Unit Owners Association Shelly Whiting Joseph Wright

Professional Services for Commercial and Residential Properties

Waste/Recycling Removal Carpet Cleaning Hard Surface Restore/Care Pressure Washing Bulk Trash Removal Roll-Off Can Service Hoarder Clean Up Garage Cleaning Graffiti Removal Snow Removal Storage Room Cleaning Trash Room Cleaning Handyman Service

Business Partner TYL Restoration and Remodeling, Inc. Management Company Community Association, Inc.

Janitorial Contracts Serving MD, VA, and DC

800-315-3264 MAY 2017

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UPCOMING EVENTS

MAY 16

Manager Breakfast & Business Showcase Business Showcase 8:30-9:30 a.m.

Breakfast & Registration Opens at 8:30 a.m.

Presentation 9:30 a.m. -12 p.m.

Fairview Park Marriott 3111 Fairview Park Drive Falls Church, VA 22042

Have you wondered if your community association’s social media presence is a tool or weapon? Join us for a lively and entertaining debate regarding the pros and cons of the use of social media by community associations, including a review of current case law. The seminar with be preceded by breakfast and a tradeshow.

Visit www.caidc.org to register online.

Early Bird After May 9 Homeowner Member $50 $65 Nonmember $60 $75 Manager Member $60 $75 Nonmember $70 $85 Business Partner Member $110 $125 Nonmember $135 $150

eat

The Gr

edia

Social M

DEBATE

MAY 24

Manager Breakfast and Business Showcase

40th Anniversary Cruise 5 - 8 p.m.

Registration and Boarding begin at 4:30 p.m.

Cherry Blossom Riverboat Alexandria City Marina Cameron and Union Streets Alexandria, VA 22314

Set Sail with WMCCAI

Early Bird After May 10 What When Homeowner and celebrate 40Community years! Association’s presence Social Media: Is your a Tool or Tuesday, May 16, 2017 Member 9:00 a.m.$55 $80 Weapon?

– 12 p.m.

Registration opens at 8:30 a.m.

Nonmember $80 $105 Visit www.caidc.org to Join Sara J. Ross, ESQ. of Chadwick, Washington, Moriarty, Elmore Breakfast begins at 8:30 a.m. & Bunn, P.C. and Nicole Williams, ESQ., Rees Broome, P.C. for a Showcase opens 8:30 – 9:30 a.m. register online.

Manager lively and entertaining debate regarding the pros and cons of the Member $55 $80 use of social media by community associations, including a review Where Nonmember $80 $105 of current case law.

XXXXXXXXXXXXXX Partner The seminar with be preceded by breakfast andBusiness a tradeshow.

Member How$150 $175 Visit www.caidc.org to register Nonmember $175 $200 REGISTRATION RATES

JUNE 6

Free Session Better Board Meetings 6 - 9 p.m.

Penderbrook Community Association 3704 Golf Trail Lane Fairfax, VA 22033 JUNE 15

Rookie Manager Essentials Understanding the Prospective and Life Cycle of a Budget 12 - 3 p.m.

Whiteford, Taylor & Preston, LLP 3190 Fairview Park Drive Falls Church, VA 22042

Who

EARLY BIRD RATE BEFORE: 5/9/17

REGULAR RATE

MEMBER

$50

$65

NONMEMBER

$60

$75

Credits

NONMEMBER

$135

$150

Please contact Christine Domin at education@caidc.org

HOMEOWNER

This program will benefit Managers

Learn how successful boards run productive and constructive This program is meetings. worth three Get tips MANAGER credit hours on how to structure$60meetings to $75 effectively handle(3)association business, mainMEMBER NONMEMBER $85 tain control over the$70agenda, handle owners’ forum,Sponsors and maintain civility during BUSINESS PARTER Sponsorships are available. discussions.

Light refreshments will be served.

MEMBER $110 $125 Visit www.caidc.org to register online.

7600 Leesburg Pike, Suite 100 West

E-mail: education@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

Join us for an open discussion on the budgeting process and how to communicate with community association stakeholders. Lunch will be provided.

Visit www.caidc.org to register online.

Early Bird After June 8 Homeowner Member $35 $50 Nonmember $40 $55 Manager Member $35 $50 Nonmember $40 $55

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

8 | Quorum­

at

e The Gr

ia d e M l a i Soc

DEBATE

Manager Breakfast and Business Showcase What

When

Social Media: Is your Community Association’s presence a Tool or Weapon?

Tuesday, May 16, 2017 9 a.m. – 12 p.m.

Registration opens at 8:30 a.m.

Breakfast begins at 8:30 a.m.

Showcase opens 8:30 – 9:30 a.m.

Join Sara J. Ross, ESQ., of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., and Nicole Williams, ESQ., Rees Broome, P.C., for a lively and entertaining debate regarding the pros and cons of the use of social media by community associations, including a review of current case law.

The seminar with be preceded by breakfast and a business showcase.

Exhibitors as of 04/01/2017: Becht Engineering BT, Inc., Hann & Hann Construction Services, Mutual of Omaha Bank, National Cooperative Bank, Purofirst of Metropolitan Washington, Servpro of Rockville-Olney, Toepfer Construction Company, Windows Plus, LLC

REGISTRATION RATES

Where Fairview Park Marriott 3111 Fairview Park Drive Falls Church, VA 22042

How Visit www.caidc.org to register

Who

EARLY BIRD RATE BEFORE: 5/9/17

REGULAR RATE

MEMBER

$50

$65

NONMEMBER

$60

$75

HOMEOWNER

MANAGER MEMBER

$60

$75

NONMEMBER

$70

$85

MEMBER

$110

$125

NONMEMBER

$135

$150

BUSINESS PARTNER

This program will benefit Managers

Credits This program is worth three (3) credit hours

Sponsors Sponsorships are available.

Please contact Christine Domin at education@caidc.org

7600 Leesburg Pike, Suite 100 West

E-mail: education@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

PEOPLE & PLACES

Marie Johnson Joins Chadwick Washington

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Marie E. H. Johnson, ESQ., has become a principal with the firm Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. She will be based in the Fairfax, Va., office and focusing her practice in the area of common interest community association representation.

Ward Wins 2016 Research and Case History Program Award Matt Ward, a biologist with SOLitude Lake Management, was named by AquaFix, Inc. as their Research and Case History Program winner for 2016. Ward’s case study outlined his diagnosis and two-year treatment of a privately-owned pond in Magnolia, TX. Read more at their blog at solitudelakemanagement.com.

RUBY ANNIVERSARY

WMCCAI’s Anniversary Cruise

WHAT Cruise the Potomac to Celebrate WMCCAI’s 40th Anniversary!

Sponsorships available!

WHEN

REGISTRATION RATES

Wednesday, May 24, 2017 5 - 8 p.m.

EARLY BIRD RATE BEFORE: 5/10/17

REGULAR RATE

MEMBER

$55

$80

NONMEMBER

$80

$105

MEMBER

$55

$80

NONMEMBER

$80

$105

MEMBER

$150

$175

NONMEMBER

$175

$200

HOMEOWNER

WHERE Cherry Blossom Riverboat* Alexandria City Marina, Cameron and Union Street Alexandria, VA 22314

MANAGER

BUSINESS PARTNER

HOW Visit www.caidc.org to register

CAPTAIN’S SPONSORS *Several parking lots are available nearby in Alexandria.

For detailed information, go to: : https://www.potomacriverboatco.com/about-us/parking/

7600 Leesburg Pike, Suite 100 West

E-mail: education@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

By Lizbeth T. Hayes Liz is the director of the Virginia Fair Housing Office at the Virginia Department of Professional and Occupational Regulation, where she has served since 2005. She directs and supervises all fair housing investigations while overseeing and managing the Virginia Fair Housing Office. Prior to this position, she had served as the investigative supervisor and the fair housing field investigator, both for the Virginia Fair Housing Office.

of Fair Housing for All in Virginia

1972 ~ 2017

A

community association rule that says, “Adults only in the pool after 8 p.m.”

An association board of directors refuses to designate a handicapped parking space for a physically disabled residents’ exclusive use...An association rule that says, “No playing on the common areas.”

Our statute declares it is the official policy of Virginia “to prohibit discriminatory practices with respect to residential housing by any person or group of persons, in order that the peace, health, safety, prosperity, and general welfare of all inhabitants of the Commonwealth may be protected and insured.”

Unfortunately, these are not examples of housing discrimination from a distant past.

They are real-life Virginia cases within just the last five years—serving as a reminder of the need to remain vigilant about everyone’s rights and responsibilities under fair housing law.

How do we work toward this goal? The Virginia Fair Housing Office, located at the Department of Professional and Occupational Regulation (DPOR), investigates complaints of housing discrimination. Cases alleging VFHL violations may be resolved through conciliation, a form of mediation offered

by DPOR’s Alternative Dispute Resolution (ADR) section. Investigations occur simultaneously with the conciliation process. If a case cannot be resolved through the conciliation process, the Fair Housing Board (or Real Estate Board, if it involves real estate licensees or their employees) will review the evidence collected during the investigation and determine if “reasonable cause” exists to believe discrimination occurred.

On April 7, 2017, the Virginia Fair Housing Office commemorated the 45th Anniversary of the passage of the Virginia Fair Housing Law (VFHL)1. Enacted in 1972—just four years after passage of the federal Fair Housing Act—the VFHL guarantees fair housing opportunities for all Virginians, regardless of race, color, religion, national origin, sex, elderliness, familial status, or handicap (disability)2. The VFHL is substantially equivalent to the federal Fair Housing Act which allows the federal Department of Housing and Urban Development to refer most complaints of housing discrimination to Virginia’s Fair Housing Office to be investigated. § 36.96.1 et seq. of the Code of Virginia The original version of the law did not include elderliness, familial status, or disability; amendments to the VFHL in the 1980s and 1990s added these protected classes.

1 2

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If the Board finds “reasonable cause,” and conciliation efforts are not successful, a “Charge of Discrimination” is issued and the case is immediately referred to the Office of the Attorney General to pursue legal action in state civil court. If the judge or jury finds that a discriminatory housing practice has occurred—or is about to occur—the VFHL provides for the plaintiff to be awarded compensatory and punitive damages (without

limitation otherwise imposed by state law).

The court may also issue a permanent or temporary injunction, temporary restraining order, or other order enjoining the defendant from engaging in such practice or requiring such affirmative action as may be appropriate.

In addition, the Fair Housing Board oversees an education-based certification program for housing providers, and the Virginia Fair Housing Office provides training and outreach to promote greater awareness about fair housing laws. Because ignorance of the law cannot be used as a defense to unlawful housing discrimination, it is vitally important for all those involved in residential housing practices to learn about fair housing requirements.

Although most of the complaints received by the Virginia Fair Housing Office involve disability or racial discrimination, those in the familial status category continue to rise, particularly in cases involving community associations. To provide context and deeper understanding, some VFHL terminology deserves additional explanation.

Disability To understand the meaning of disability or disabled for purposes of fair housing, Section 18 VAC 135-50-200 of the Virginia Real Estate Board’s Fair Housing Regulations states that the terms are synonymous with handicap as defined in the VFHL. The Regulation further explains that handicap means: i. A physical or mental impairment that substantially limits one or more of such person’s major life activities; ii. A record of having such an impairment; or iii. Being regarded as having such an impairment.

Disability includes, but is not limited to, physical or mobility limitations, psychological disorders, emotional and mental illnesses, learning disabilities, and addiction recovery.

Fair Housing Law requires housing providers to make reasonable accommodations or allow reasonable modifications when doing so is necessary to allow a person with a disability equal opportunity to use and enjoy the premises.

Fair Housing

Laws in Maryland & D.C.

Pursuant to State Government Article, §20-702, Annotated Code of Maryland, it is the policy of the State of Maryland to provide for fair housing throughout the State, to all its citizens, regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, or disability.

To learn more about Fair Housing laws in the state of Maryland, visit mccr.maryland.gov or call the State of Maryland Commission on Civil Rights at (800) 637-6247.

D.C. Human Rights Act In accordance with the District of Columbia Human Rights Act of 1977, as amended, the District of Columbia and housing providers cannot discriminate on the basis of (actual or perceived): • Race • Color • Sex (including pregnancy) • National Origin • Religion • Age • Marital Status • Personal Appearance • Sexual Orientation

• Gender Identity or Expression • Familial Status • Family Responsibilities • Matriculation • Political Affiliation • Disability • Source of Income • Victim of an Intra-Family Offense • Place of Residence or Business

To learn more, visit ohr@dc.gov or contact the District of Columbia Office of Human Rights at (202) 727-4559

For purposes of illustration, consider the following actual complaints filed with the Virginia Fair Housing Office against community associations or their governing boards:

needed for his physical disability. This complaint was resolved through conciliation with the respondent allowing installation of the wheelchair ramp and public interest relief.

1. The complainants allege a refusal to make a reasonable accommodation and a refusal to permit a reasonable modification to their property based on disability. They allege that the respondents refused to respond to their request for an exception to the community policy regarding types of fences and failed to allow them to install a fence on their property for their daughter’s disability.

This complaint was resolved through the conciliation process with the association agreeing to the installation of the fence and public interest relief.

3. The complainant alleges a refusal to make a reasonable accommodation based on his disability. The complainant alleges the respondent refused to paint all common area uneven surfaces, curbs, and stairs high-contrast yellow and install “Blind Resident” signs at the front and rear gates to the property needed for his visual disability. This complaint was resolved through the conciliation process with the respondent agreeing to install the paint and signs where needed, and public interest relief.

2. The complainant alleges a refusal to permit a reasonable modification to his home based on disability. The complainant alleges the respondents refused to allow him to install a modular wheelchair ramp on his property that was

Familial Status

The term familial status as defined in the VFHL means one or more individuals under the age of 18 living with: (i) a parent or other person having legal custody, or (ii) the designee of such parent or other person having custody (with the written

permission of such parent or other person).

Familial status also includes any person who is pregnant, or who is in the process of securing legal custody of any individual who has not attained the age of 18 years. (To be “in the process of securing legal custody” means having filed an appropriate petition to obtain legal custody of a minor in a court of competent jurisdiction).

In terms of legal applicability, the VFHL prohibits discrimination by “any person or group of persons”—meaning one or more individuals (whether male or female); corporations; partnerships; associations—including community associations—organizations (e.g., labor, fair housing, or civil rights organizations); governmental entities; legal representatives; mutual companies; joint stock companies; trusts; unincorporated organizations; trustees; trustees in bankruptcy; receivers; and fiduciaries.

Like every other category of housing provider, common interest community associations must avoid all unlawful discriminatory housing practices enumerated in the VFHL, which covers sales transactions, rentals, advertising, lending, and insurance. HowMAY 2017

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ever, because subsections A.2 and A.9 of § 36-96.3 are the two unlawful practices most frequently cited against condominium and property owners’ associations, they deserve particular attention from those governing, managing, and living in such communities.

Both involve the prohibition on discriminatory treatment in “terms, conditions, or privileges…or in the provision of services or facilities.” Board Regulation 18 VAC 135-5090 provides as an example of such prohibited action: “Privileges, services, or facilities” may include the use of common areas, mailboxes, dumpsters, playgrounds, swimming pools, hot tubs, tennis courts, media/game rooms, fitness centers, community clubhouses, or other recreational spaces.

For purposes of illustration, consider the following actual complaints filed with the Virginia Fair Housing Office against community associations or their governing boards: 1. The Complainants allege that there are different conditions or terms of occupancy or facilities imposed on them because of familial status. They allege that the rules and regulations are restricting activities of minors to indoor activities only. The rules and regulations for the community state, “No bikes are allowed on the sidewalks within the community.

No skateboarding, skating, motorized scooters, go-carts, playing of games or similar activities are allowed in the parking areas, streets, sidewalks, or any part of the common elements.” This complaint was resolved through the conciliation process with the association agreeing to make changes to the rules and regulations, and included public interest relief.

2. The Complainants allege that there are different conditions or terms of occupancy or facilities because of familial status. The rules and regulations for the community state, “After 8 p.m. will be considered adult swim time and use of the pool is restricted to residents and their guest over 18 years of age.” Specifi14 | Quorum­

cally, the Complainants were at the pool and at 8 p.m. a woman cleaning the pool asked everyone with children to leave the pool. This complaint was resolved through the conciliation process with the association agreeing to make changes to the pool rules and included public interest relief.

3. The Complainants allege that the Respondent has a number of rules and regulations that are discriminatory toward families with children. The Complainants allege, for example, that the pool rules prohibit children from being in the pool for 15 minutes every hour, and ban young children from large portions of the pool inhibiting the Complainants and their children from equally enjoying community amenities.

This complaint was resolved through the conciliation process with the association agreeing to make changes to the pool rules and included public interest relief.

4. The Complainant alleges that the Respondents discriminated against her by subjecting her to discriminatory terms and conditions of the provision of services or facilities based on the Complainant’s familial status. The Complainant alleges that in April or May, her older son, then age 10, wanted to use the fitness facility. The rules in effect at that time prohibited children under 14 from using the equipment. The Complainant also alleges that throughout the pool season both of her sons wanted to use the spa, but the rules that were in effect prohibited children under 12 from using the spa. This complaint was resolved through the conciliation process with the association agreeing to make changes to the rules and included public interest relief.

What should community associations do to avoid potential fair housing violations? The Virginia Fair Housing Office suggests the following best practices for all housing providers: •

Review and update policies, rules, services, and practices at least once a year.

• •

• • •

•

•

•

Focus community rules on conduct, not age or status.

Make sure community rules are based on “compelling business necessity,” and constitute the least restrictive means to achieve the desired effect.

Enforce community rules equally and consistently.

Stay up-to-date on state fair housing laws, regulations, and official guidance.

Require all staff and personnel—e.g., board members, managers, receptionists, lifeguards, security guards, maintenance workers, etc.—attend training annually, conducted by a professional in the field of fair housing education.

Hold all staff accountable for learning and upholding the community’s policies and procedures at all times.

Share information about fair housing with residents and staff on a frequent basis (via newsletters, mailings, social media, bulletin boards, meetings, and community events, etc.).

Remember that the Virginia Fair Housing Law protects everyone . . . including YOU . . . by supporting diverse, vibrant communities.

Housing providers must study, understand, and follow fair housing requirements, because illegal barriers to housing opportunities—no matter how subtle, or even inadvertent—remain a reality more than four decades after the law’s passage. Community associations should not fear the VFHL, but they also cannot afford to be unaware or indifferent.

The Virginia Fair Housing Office encourages you to learn more by visiting our webpage at http://www.dpor.virginia.gov/FairHousing/, which includes detailed information about protected classes, reasonable accommodations and modifications, the law and regulations, upcoming training seminars, and many additional resources.

If you have questions or would like to schedule a training session, please contact us at (804) 367-8530, toll-free at (888) 551-3247, or via e-mail at fairhousing@dpor.virginia. gov.

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By Lauri Ryder, CIC, CRM, CMCA Lauri works for Sahouri Insurance & Financial and has 10+ years of experience in the real estate insurance industry specializing in homeowners and condominium associations. Prior to insurance, she worked in the community association management industry. Lauri is a CMCA (Certified Manager of Community Associations), a CIC (Certified Insurance Counselor), and a CRM (Certified Risk Manager).

c i s u M & ie v o M g n i le b e r T Ignor o t s lead ly n o g n i s n Lice

C

AI recently released a guidance document on music and movie licensing in the United States. The document is available for download and can be obtained at the following web address: (https:// www.caionline.org/Advocacy/GovernmentAffairsBlog/Pages/MMLicensing.aspx).

If your association plans any special events, then I recommend that you review it. It’s informative and explains the issue far better than I can in the limited space of an article.

Associations planning to publicly view movies or play music should obtain a license from a licensing service company, and have an attorney review the agreement before signing.

“Generally, most all music and movies are protected by copyright. The owner of the copyright has the exclusive rights to reproduce and copy the work, prepare derivative works, distribute it and perform the copy16 | Quorum­

righted work publicly. If a community association publicly plays music or a movie, they must obtain a license unless an exception applies. Licenses are most commonly obtained from performance rights organizations (PROs) that also enforce licenses for copyright owners. Use of copyrighted work without a license constitutes infringement, regardless of whether or not the user has knowledge that the work is protected by copyright, and regardless of whether the user intended to infringe on the work.” (Community Associations Institute – Music & Movie Licensing, pg. 3) The document includes several examples of case law which are worth reviewing. I was most intrigued by the description of Hinton v. Mainlands of Tarmac.

The Association hosted a dance, with an orchestra performance in the its clubhouse, with a $3 admission charge. There was no signage to indicate that the event was for residents or guests only and no gatekeeper was present to keep non-residents from entering. One of the Association’s arguments was that the admission cost was merely a suggested contribution.

The court found (among other things) that the Association had violated copyright law.

The court held that this was a public performance, open to the general public, and that the money exacted by the condominium was “purely and simply the price of admission.”

You can find the full description in Community Associations Institute – Music & Movie Licensing on pages 7-8.

From an insurance standpoint, this poses a problem. There are several programs for directors and officer’s liability that are specifically created to deal with community associations and their exposures. I’ve surveyed several of them and, generally, the definition of Wrongful Act includes publishers’ liability (including copyright infringement). These policies include coverage for defense costs stemming from publishers’ liability or copyright claims.

However, these same policies also generally include exclusions for (and I’m paraphrasing here, because each policy form has slightly different language): 1. Any claim where it is established in a final adjudication by a judge/jury/arbiter

that the association gained any profit, remuneration, or pecuniary advantage to which they were not legally entitled.

2. Any claim where it is established in a final adjudication by a judge/jury/arbiter that the association committed a wrongful act with knowledge of its wrongful nature.

Available coverage is always going to be dependent upon the exact wording of the final judgment. Given the information supplied regarding the judgment against Mainlands of Tarmac, the Association may have run afoul of that first exclusion.

Furthermore, I think it can be argued that in this day and age, people are aware that public performances of copyrighted material are against the law. There have been plenty of stories over the years of music sharing sites and YouTubers facing lawsuits.

It is also important to note that, while coverage may be available for defense costs, any resulting fines or penalties would likely not be covered by insurance. The best course of action, from a risk management standpoint, would be to avoid exposure to the risk whenever possible.

In a nutshell, associations planning to publicly view movies or play music should obtain a license from a licensing service company (and have your attorney review the agreement before signing). There are several options available. It’s also a good idea to refrain from charging any type of admission fee for these events.

If you have any questions regarding special events, it’s always best to contact your attorney and/or insurance agent.

(Read the legal perspective for music and movies on the next page.)

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By Jordan Halle, ESQ. Jordan is an associate in Whiteford, Taylor & Preston LLP’s Business and Corporate Law section. He regularly consults clients on the protection of their trademarks, trade secrets, copyrights, and other intellectual property essential to their competitive advantage.

The Legal PERSPECTIVE

F

outside of a normal family and its social acquaintances is gathered.” This “family and its social acquaintances” language provides the test that courts usually use to determine whether a work is performed publicly.

Because the test for “public” relies on crowd size, and not exclusivity, copyright protection also reaches events where music and movies are only played for a private club, if As mentioned on the previous page in Hinthe size of the audience is more than a “norton, the Association’s dance was open to the mal family and its social acquaintances.” public with a small admission charge, and it In fact, the Copyright Act as it exists today, is easy to see that there has been a violation specifically aimed to overturn a 1932 case in of the copyright holder’s rights. But what if Ad.122916.docx which the court held that showing a movie at G:\Adoc\TCS\MARKETING\Advertisement -2017 Quorum the event is not open to the public? Better yet, a private club was not a public performance. what does “public” even mean in the context of Copyright Law? Fermata International Melodies, Inc. v.

Champions Golf Club, Inc., which is men“Public” means to display a work “at any tioned in CAI’s document (pg. 7), demonplace where a substantial number of persons strates that restricting an event only to rom a legal perspective, it is important to recognize what Copyright Law aims to protect. Copyright holders are granted the exclusive right to “perform” a copyrighted work “publicly.” “Perform” is defined so broadly that the real question for associations is whether they are playing or showing copyrighted music and movies publicly.

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18 | Quorum­

members of a club probably would not, on its own, be enough to avoid the “public” label.

In Fermata, copyrighted music was played in the club’s dining room for 21 members and their guests. To the court, 21 members plus guests was a “substantial number of persons outside of a normal circle of a family.”

The impact of the broad definitions of “public” and “perform”- which lead to the result that playing a radio in the park would be a copyright violation - was not lost on Congress (at least not entirely). The Copyright Act includes a precise exemption that probably applies to associations that might have a common room with a cable television or a radio in the lobby: •

A radio can be played on six or fewer speakers, with no more than four speakers in any room.

• Broadcast television can be shown on four or fewer screens, with no more than one 55-inch screen in any one room, plus the restrictions on audio as with radio.

When the association does hold an event that will include music and/or movies, the association should work with the DJ or other providers to ensure that they have the proper licensing, as there is not likely an applicable exemption.

If possible, the association may try to negotiate an indemnification agreement between the association and the provider, so that if the provider is not properly licensed, the costs are (to some extent) borne by the provider.

This is especially important in the Copyright Law context, because blame for infringement cannot be shifted simply by requiring the provider to play only licensed, or public domain, music.

That was just the case in Broadcast Media, Inc. v. Prana Hospitality, in which the restaurant owner specifically instructed the DJ not to play any copyrighted material; nonetheless, the court held that the owner was liable for copyright infringement when the DJ played copyrighted music. An indemnification agreement here would have at least allowed the restaurant to recover some of its legal costs and penalties from the DJ.

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Y

Large Scale Summer Events o C o L

es, that’s Loudoun County - not “loco” as in crazy, though depending on your definition, this may be right up your alley. Loudoun County continues to amaze all of us with its rate of growth, having become a pinnacle of development, and a haven for families and the sense of community.

Loudoun is noted for being the fastest growing county in the nation in the 1990s, 2000s, and still clings to that title, as well as being cited as the richest county in the nation. Within the county exists what few other areas of the region can claim; the large-scale homeowners association. CAI’s definition of a largescale community includes a minimum of 1,000 units or 1,000 acres, a minimum annual operating budget of two million dollars, providing municipal-type services, and employing a full-time onsite manager. These entities are so large that they tend to be looked upon as small (or even midsized) towns themselves, and are typically run as such.

The great aspect of having communities so large is that they have the land and financial capacity to carry out community events that coincide with the communities’ size, and Loudoun is host to nearly two dozen of these mega communities.

So, if you’re looking for some local family fun for the upcoming summer in the D.C. Metropolitan Area, here’s a good breakdown of events that all can enjoy. Note – this is just a small taste of what these communities have to offer and are not inclusive of all communities:

Ashburn Village VillageFest - a 3-day event held at the Ashburn Village Sports Pavilion, complete with rides, attractions, concessions and more.

20 | Quorum­

This year’s will be held September 22, 23, and 24. Be sure to check out Ashburn Village’s website for more information.

Brambleton Red, White and Bram – a pre-Fourth of July celebration, celebrating not only Brambleton itself, but the good ol’ USA. Complete with fireworks, live music, food trucks, and other vendors - a great way to extend our country’s birthday celebration. This year, the date is set for June 24, from 6-10 p.m. More information can be found on Brambleton’s website.

Broadlands Broadlands Live! – a summer-long event and free concert series on the second Friday of each month starting in May and ending in August (May 12, June 9, July 14, August 11), with vendors, shows for kids, and BYOB(bring your own adult beverage) is permitted. You can find their page on Facebook for the most up to date information.

South Riding Summer Concert Series –affectionately known as “Groovin’ on the Greens,” South Riding’s summer concert series is a great way to keep the music going throughout June, July, and August. Various bands are set to play to be sure to check out the HOAs website for more details.

South Riding Triathlon – summer can’t be all about festival foods, good beer, wine and live music (although it should be) but if you’re physically capable, South Riding holds a triathlon in late August to help you burn off those summer calories. There are physical requirements, so check out their schedule of trials and qualifying needs.

Stone Ridge Association

Fourth of July Parade – most Fourth of July events start in the afternoon and evening hours, so if you’re looking for something that starts earlier in the day, head over to Stone Ridge for their annual Fourth of July Bike Parade. Set on August 15 this year, the parade starts mid-morning and consists of a bike ride through the association.

Willowsford Willowsford Farm Tour – who says you can’t keep your noggin sharp in the summer?

Have you ever thought about learning some farming/gardening basics, soil chemistry, or some overall knowledge to scratch that green thumb that’s itching? Willowsford offers a public tour of their farmland located in their community on July 2. There are various other farm tours that Willowsford offers, so be sure to check their website for availability to the public.

If you happen to live in one of these communities, there are a plethora of other family and community events you may be able to participate in, but we’ve kept this list to just those open to the public. Be sure to check out each community website for a complete listing of all their events, featuring outdoor movie festivals, nature programs, pool parties, touch-a-truck events, health and fitness expos, dog swims, and an abundance of other festivities for the whole family. You might also check out Ashburn Farm, Belmont, Cascades, CountrySide, Kirkpatrick Farms, Lansdowne, Loudoun Valley Villages, One Loudoun, Potomac Green, Potomac Station, River Creek, Stone Ridge, and Sugarland Run for their community events.

By Tamara L. Padgett, CMCA, AMS Tamara is a portfolio manager for Cardinal Management Group in Woodbridge. She has six years of experience in community management with a background in residential management and mortgage lending.

Community

Fun

C

ommunity associations benefit from social activities promoting a sense of belonging and cohesiveness in the community. Owners who know their neighbors, and socialize with each other, are more content with a sense of connection to others in the community. Feeling more invested improves pride of ownership, which will reflect positively in all aspects of the neighborhood and association. From a management perspective, it makes life a little easier if the owners are familiar and friendly with each other.

When conflicts arise, there is more likelihood that owners will settle differences amongst themselves, as it will be easier to approach a discussion with a friend and neighbor than with an unknown stranger. Otherwise, as managers, we are often asked to intervene in conflicts that can easily be settled in a neighborly conversation between owners. Ever had to intervene in a “my neighbor’s dog pooped on my lawn” feud between owners?

Planning and Organizing – Summer activities take a lot of planning, so start as far in advance as possible forming committees and assembling volunteers to assume different tasks and functions for the warm weather activities. Individuals in the community with varied expertise are usually more than happy to donate time and energy to neighborhood causes. Preparation should start with a task list and duty assignments, as well as timelines on when the items need to be complete to ensure a successful event. The larger the scope of the event, the longer and more detailed the planning should extend. An event such as a pool party or a cook out may take 6-8 months of planning if it is a large event.

Some suggestions for activities that bring families and communities together include: Movies in the Park – If your neighborhood has an open park area where blankets or lounge chairs can be placed, consider holding a family movie night…or two or three.

Movie nights are great fun for all under the stars on a warm summer night. Outdoor movie rental screens are easy to rent and set up. Large screens can be rented for a nominal fee or find a plain wall which will work also. Family movies such as Disney’s Zootopia, Toy Story, Inside Out, Cars, and Monsters Inc. are appropriate for all to see. If the community budget allows, serve popcorn and soda! Popcorn machines can be set up or pre-prepared bags of popcorn and soda cans may be made available.

Fourth of July Parades and Parties – Fun for the young and the old, a parade brings everyone outside. Planners should have a route planned with streets blocked if possible. Make sure you go through the proper channel and that everyone in your neighborhood is well informed of the parade route.

Have children of all ages decorate their bicycles and scooters with patriotic red, white, and blue. If children are too young, wagons and strollers may be decorated as well. Have prizes for different age groups, best bike or scooter, and best wagon or stroller. Follow the parade with a gathering where you can provide drinks and treats!

Ice Cream Social – Usually held in August, this is a great back to school event or just a great way to cool off in the heat of summer that will soon be coming to an end. Set up a table with the entire fixins’ and let everyone add their own toppings. Want to get creative? Make your own ice cream! Add some fun lawn games for the whole family.

Earth Day – In May, an Earth Day event will attract those members of the community that desire feeling useful and needed in the community. Usually community vendors will donate bottled water and the trash vendor can donate containers for the trash and other items to assist with the beautification efforts. Consider planting shrubs and flowers supplied by the landscaping company in areas that are bare.

Culture Day Potluck – Consider a twist to a regular pot luck event by inviting foods from around the world in diverse communities.

This is a fun event and introduces dishes and snacks that add variety, and is a great way to learn about various cultures from around the world. Culture-themed games and activities can be incorporated if desired.

Summer Bonfire – A bonfire is an easy and relaxing event which allows neighbors time to just talk and unwind. S’mores or a hotdog bar can add fun and inexpensive pizazz to the event. Standard safety precautions should be followed for the bonfire. We wouldn’t want the neighborhood to go up in flames as that could put a damper on the summer fun!

MAY 2017

| 21

By Brittanie D. Davis, CMCA, AMS, PCAM Brittanie works for National Realty Partners, LLC as the onsite community manager at the Midtown North Condominium UOA located in Reston Town Center.

She has spent the last decade managing and maintaining new, old, historical, and converted properties throughout DC, MD, and VA.

F

ellowship is an essential element for any thriving community. One way to encourage your residents to leave their homes and greet their neighbors is to host an event that is not only fun, but socially conscious. For the past five years, as the manager of Worldgate Condominiums, I have had the opportunity to organize the hosting of National Night Out (NNO) for our community.

Worldgate Condominium Unit Owners Association, located in Herndon, Virginia, is a 508-unit condominium community that houses a multitude of diverse residents and their families. At the recommendation

Community is a feeling of fellowship with others. of our Neighborhood Watch, and in lieu of the typical summer pool party, the Community chose to hold an annual NNO at the community pool and clubroom. Held on the first Tuesday of August, National Night Out is a 33-year old annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live (natw.org). An event held 22 | Quorum­

almost immediately after the workday ended encouraged families to drop in and enjoy a family friendly atmosphere with no commute. Additionally, residents could interact with neighbors they may have never encountered otherwise.

By incorporating a community awareness aspect to our event, it enabled us to accept donations from our partnering contractors that regularly support us at the property and neighboring community vendors. Food, beverages, and raffle prizes were provided to the community for all to enjoy. Contractors also donated gift cards which allowed us to purchase extra activities such as a moon bounce, pool floats, and a snow cone machine. In turn, their generosity minimized the need to tap into association funds, a bonus for a fiscally responsible budget.

For registering as a participating community on the NNO website, our local Town of Herndon community liaison supplied us with an NNO banner to display at our entrance, and t-shirts for event volunteers. In our third year running the event, due to its popularity at our community, we were added to the Town of Herndon parade route. The parade route started in the historical part of town and weaved its way through various participating communities. Local police of-

ficers, government officials, and EMT/ fire personnel drove through in their collective work vehicles flashing sirens and lights. They handed out water bottles, t-shirts, and various other small gifts that made the children cheer. Children were able to meet and greet their hometown heroes, ask questions, take photos, and develop a sense of familiarity with the folks that choose to serve and protect them each and every day. Our participation in this event was routinely recognized by the town mayor, and featured in the local newspaper and television station.

In this ever-changing time, and challenging political climate, public servants may not always be given the respect and recognition they so desperately deserve. These events highlighted the brighter side of safety and encouraged trust. Our public servants are here to protect us; and we want and value their protection.

After all, community, by definition, is a feeling of fellowship with others. Due to the positive outcome I have seen in a community, NNO is definitely an event that all should be encouraged for all communities. For more information please visit natw.org to register to your community. “Together, we are making our communities safer, more caring places to live.�

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By Todd Sinkins, ESQ. Todd is a shareholder with the law firm Rees Broome, PC, and is co-chair of the firm’s Community Association Practice Group. He is also a member of the WMCCAI Board of Directors and serves on the D.C. Legislative Action Committee.

ROOFTOP TERRACES;

THE QUINTESSENTIAL URBAN AMENITY

I

n the Washington Metropolitan Area, rooftop terraces have become prevalent over the past 10-15 years as major selling points for condominium buildings and townhouse communities. They provide outdoor living areas that allow the residents to enjoy exterior living in areas where there is little, or no, available ground level space.

While these rooftop terraces provide a very valuable amenity to residents of condominiums and townhomes alike, they do bring with them certain challenges for the community associations tasked with ensuring that no person’s use of these types of terraces become overly disturbing to their neighbors.

With respect to mid- and high-rise buildings that you see throughout the inner suburbs and the District of Columbia, rooftop terraces often provide the residents of such buildings with their only source of outdoor living. It is also important to understand that in most instances, rooftop terraces share the roof with critical building components, such as HVAC units, cooling towers, boilers, and other types of mechanical equipment.

These rooftops often contain green terraces to assist with storm water management, sitting areas, and pathways. For more extensive terrace areas, you might find gas grills and perhaps large-scale eating areas for rooftop parties. The more extensive the outdoor area,

24 | Quorum­

the greater the challenges to ensure there is a balance between the use of this valuable amenity and the rights of other neighbors.

In that regard, it is imperative that an association’s board of directors adopt reasonable rules to regulate the use of the terraces. In most instances, residential units are located directly below such terraces. Noise from par-

A good set of rules will include provisions addressing excessive noise and will also have permissible hours of use that take into account the rights of the residents below. ties on the terrace often can be disturbing to residents of the units located below. Accordingly, a good set of rules will include provisions addressing excessive noise, and will also have permissible hours of use that take into account the rights of the residents below.

Additionally, any such rules should ensure that the maximum permissible occupancy of the rooftop complies with the requirements of the Fire Code.

The board must ensure that its rooftop rules protect the structural integrity of its improvements. And, the board should insist that people using the rooftop must not walk into areas where there are mechanical systems or onto green roof area.

If there are natural gas or electric grills (charcoal and propane grills are prohibited under the building code) on the rooftop terrace, then there are additional challenges. The association must consider how to best address waste disposal to ensure that the rooftops do not become a nesting ground for rodents and other pests.

Also, if the area is large enough for parties, then the board must also consider issues such as how to address potential catering vendors, and ensure that such parties do not flow into areas of the roof where there is important building equipment. Any set of rooftop rules must clearly delineate any areas of the roof that are off limits.

Moreover, the design of the rooftop terrace area will dictate the need for safety measures.

Hopefully, the area was designed in a way that it is very difficult for occupants to enter areas that could subject them to the risk of injury. In any event, any set of rooftop rules must specify that the use of the roof is at the user’s own risk, and must clearly spell out the

areas that are off limits both due to risk of damage to equipment and to risk of injury to the users.

Rooftop terraces for townhome communities create some similar issues, although they are less extensive. In most cases, there will not be anybody living under a rooftop terrace other than its user. Also, it is far less likely that there will be important mechanical systems found within a rooftop terrace for a townhome. However, there are still several important issues that must be considered.

First, the roof systems for the townhomes will be connected to that of townhomes. Consequently, it is important that the board adopts rules to ensure that such terraces are used in accordance with the Fire Code.

For instance, only electric grills and natural gas grills connected to the townhomes natural gas line are permissible.

Second, the issues of noise and disturbance are significant. People who reside in townhome communities live in close quarters. It is important that rules be adopted to establish reasonable permissible hours of use.

Also, given that owners will wish to entertain on their rooftop terraces, the board may have to consider its parking rules to ensure that guest parking does not become overwhelmed by a single resident.

In short, while rooftop terraces are very useful to communities, community associations must carefully balance the desire to maximize their use with the rights of all surrounding residents.

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MAY 2017

| 25

By Ron Bridge Ron is vice president of Weaver Bros. Insurance, specializing in community associations for the past 32 years. He is a member of both Maryland and Virginia Legislative committees, and past president of The Washington Claims Association.

T

oday’s community associations are offering popular and enjoyable amenities for social activities that appeal to all ages, from very young to more mature residents. This is especially true during hot summer months when residents have more leisure time. Fostering a sense of community is always a priority for both small and large associations that take great pride and satisfaction in making their community a more desirable place to live. In addition, members often invite guests into the community in hosting seasonal parties or activities.

Playgrounds and exercise rooms have been a mainstay for many years, but now associations are sponsoring yoga classes and

As fitness and healthier lifestyles have grown in importance, associations are supporting a wide array of creative new amenities and social activities that serve this admirable goal. allowing residents to hold fitness classes in community buildings. Traditional community picnics have turned into festive events as communities offer everything from moon bounces to water features at the pool. Roof top amenities have become a new trend, which can feature anything 26 | Quorum­

from pool parties to grilling for social gatherings. As fitness and healthier lifestyles have grown in importance, associations are supporting a wide array of creative new amenities and social activities that serve this admirable goal. As demand for these additional amenities has grown, and as associations have responded, the attending risks have also grown, often in ways that can be difficult to anticipate.

All of the activities that help to make communities vibrant and fun, are also increasing associations’ exposure to liability claims and potentially placing the community’s assets at risk. These risks should never preempt a community from offering social activities, but the risks should be analyzed as an important part of the planning process by committees and boards. Assessing risk and addressing risk carefully should occur before the summer fun begins.

This analysis falls under the general heading of Risk Management. Risk Management starts with these steps as your community begins planning and implementing community activities; •

Risk avoidance – Elimination of the hazards, activities, and exposures that can negatively affect the association.

In considering an activity or event, an association should consider whether it presents unacceptable hazards to the participants.

Special consideration should be given to events involving children or consumption of alcoholic beverages. Both of these characteristics can drastically increase the poten-

tial for liability, and special care should be used in assessing safety measures to be implemented in these cases.

•

Loss Control – Prevention, which includes safety inspections of community property where events are being held including evacuation in case of severe weather events.

Events that take place outside are susceptible to emergency conditions relating to weather. A contingency plan should be a part of the planning, and protocols should be in place well in advance for decisions leading up to the event. Thunderstorms in the summer are always a concern.

Preventing and controlling risks should be an essential part of the planning process for associations. Using checklists and setting up a safety and health component will ensure that these activities and events are successful and uneventful. CAI offers many resources for insurance and risk management online through publications.

•

Risk Transfer – Most exposures can be transferred to an insurance company or other third party.

Insurance programs offer very broad coverage currently, so most of the activities that are the subject of our discussion will be covered by general liability insurance included in any professionally designed program.

Never hesitate, however, to run an activity by your insurance representative if there is any question. Further caution should still be observed, because a negative occurrence

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involving injury will affect future insurance costs.

Often, liability can be transferred to a third party, such as vendors. Associations should seek confirmation of vendors’ insurance coverage. Through a contract, a hold harmless agreement indemnifying the association from claims arising out of the vendor’s activities, can be achieved. The contract should also grant additional insured status to the association under the vendor’s insurance.

Consult your legal advisor and insurance professional for suggestions and guidance before and during the planning process.

Some insurance policies contain language that excludes bodily injury, personal injury, and property damage during certain risky activities including moon bounces.

Coverage should be confirmed prior to the scheduled event to determine who is picking up the insurance coverage. If you are conducting activities like renting a moon bounce or other inflatables, consider hiring the vendor’s staff to operate and supervise the use of this equipment during operation.

This would reduce the chance of injury and transfer the risk to the professionals in place of the association. Look for companies who understand the needs of community associations, and are knowledgeable on how to run safe and fun community events. Beware of companies that offer to drop-off inflatables without setup and offer no supervision, which could lead to tragic outcomes for a community. You don’t want to make the local news due to poorly executed plans, which lead to images of flying moon bounc-

es being blown around as a result of a gust of wind. Again, summer holds significant weather related hazards, including heat waves which can cause heat exhaustion and can be deadly. Lightning deaths are at their peak during the summer and should a consideration.

Special Event Insurance can transfer risks for associations who rent their clubhouse for weddings and other special events.

Homeowners can purchase this insurance from many homeowner carriers and community association insurance specialists.

Special Event insurance should be required for events where alcohol is being served and where there is a risk of alcohol being served to underage guests. Hiring security may also be another option to ensure a safe event.

•

Risk Retention – When risk cannot be transferred, it is retained by the association.

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

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

CONTACT US TO LET EXPERTS HELP GUIDE YOUR COMMUNITY.

In these cases, special consideration should be given before undertaking an event. If it is “uninsurable,” there is probably a good reason. Absent insurance, the association’s assets are on the line.

Risks are all around us, but should not discourage communities from holding events or planning social activities that promote strong sense of community. Prudent risk management will assure that activities are safe and that the association is properly protected in the event of an unlikely injury.

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

MAY 2017

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By Laura Krauss Laura is the recreation director with Lake Ridge Parks and Recreation Association. LRPRA is a large homeowners association with over 7,200 properties located in Prince William County, Virginia. Laura oversees the Associations amenities, clubs, preschool, summer camp, sports leagues, and community events.

LAKE RIDGE ASSOCIATION GOES TO THE

O

time swimmers who require more coaxing.

Frisbees and tennis balls are provided, as well as plenty of pet clean up bags.

It is critical to have rules around this event to ensure the safety of the dogs and humans in attendance.

The first Saturday in September, after the pools have closed for the season, Tall Oaks Pool goes to the dogs. LRPRA residents and

There are some tips that associations should take into account in order to help make the event more pleasant for the pooches. The water level should be raised close to the edge of the pool to help the dogs get out of the pool safely. Dogs may begin to panic when it’s time to get out of the pool, especially if it’s their first time, and a thrashing dog trying to escape will get tired. Also, dogs are unaccustomed to exiting using the human steps or ladder in a pool and need to be taught how to use them. Pet owners should be ready to assist the dog by pulling up on their collar or showing them the way to the steps.

• • • • • •

ur dogs have become an integral part of the family and pet owners are always looking for activities that involve their fur babies. Lake Ridge Parks and Recreation Association (LRPRA) saw this as an opportunity for community involvement and, in 2006, hosted their first “Doggie Paddle.” It proved to be such a popular event that it has continued every year since.

A dog’s eyes, nose, and ears are more sensitive than a human’s and may be a tad more susceptible to the effects of chlorine. their furry, four legged friends assemble at the pool and the controlled chaos begins.

Dogs of all breeds and sizes, along with their owners, line up at the pool gate ready to take the plunge. Some pups arrive wearing their stylish doggie life jackets, pulling their owners in tow. Others are more hesitant to enter into the furry frenzy. Dogs, like humans, vary in their swimming ability. There are confident seasoned pups diving right in, and then there are more skeptical dogs or first 28 | Quorum­

A dog’s eyes, nose, and ears are more sensitive than a human’s and, as such, may be a tad more susceptible to the effects of chlorine. We stop adding chlorine to the pool prior to the doggie paddle so that the chlorine level is at zero. Some dogs think of the pool as one big personal dog bowl to lap up, not unlike the toilet bowl. This behavior should be discouraged. As for the ears, most infections in dogs with floppy ears are caused by water and dampness, not the chlorine in the water, so pet owners should dry their ears after the swim. Dogs tire easily so we offer two session times and each session lasts two hours.

No dogs under 6 months of age.

No aggressive dogs.

No females in heat.

Dog handlers must be over the age of 16.

No more than 2 dogs per handler.

People are NOT allowed in the pool at any time in order to keep the humans safe. This is the best way to prevent disease transmission to humans and to prevent injuries.

Proof of a Prince William County dog license is required and a ‘hold harmless’ consent form must be signed in order to participate in the event. Owners are responsible for their dog’s safety and behavior, and it is recommended to have staff on hand walking the pool deck to make sure the rules are being adhered to. It is also a good idea to have a vet and lifeguard at the pool in case of an emergency.

Many communities, water parks, and county pools host a dog swim after the pool closes and before it is covered for the winter.

Whether you name it Doggie Paddle, Drool in the Pool, or Puppy Plunge this fun event will be sure to be a hit for pet lovers in your community.

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North Bethesda, Maryland

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By Patrick Cyrana Patrick is the principal at Advanced Pyrotechnics LLC. He has been involved in the firework industry since 2004, working alongside community organizers and municipal sponsors in assisting with the planning and logistics involved with both public and private firework displays.

T

here are many things that need to be taken into consideration when planning a firework show for the community. It is important that all parties involved in the display have good communication prior to, and during, the display. Choosing the proper display site, contacting the appropriate authorities, and following all recommended safety precautions are all paramount in putting on a safe show.

Choosing a Display Site When choosing a site for your firework display, there are three important areas you need to take into account: make sure the site has adequate room for the discharge area, fall-out zone, and spectator area. The discharge area is the location where the fireworks are set off. The size of this area will vary depending on how much product will be used and how far apart the firing locations will be from one another. The fall-out zone is the space between the discharge area and the spectators. This is where debris and spent aerial fireworks may land, so it must be kept clear of spectators and other potential hazards. The total area needed for a fall30 | Quorum­

out zone is determined by the size or caliber of the largest firework used in the display.

Virginia’s State Fire Marshall’s Office requires 100 feet of separation per inch of shell

It is recommended to use some means of barricade to separate the crowd from the fallout area. used. For example, if the largest shell used in the display is 4 inches in diameter, 400 feet of separation must be maintained between the discharge area and the spectators. The spectator area is the area from which spectators will watch the display. This area must be large enough for everyone anticipated to attend the event so the crowd does not cross into the fall-out zone.

Whom to Contact Prior to the Display Notifications must be made to the local authorities, as well as nearby neighbors in

advance of the intended display. It is recommended to contact them well before the display and follow up with them as things progress. The local police should be notified of your intention for a firework display.

They can assist greatly in the logistics of the operation. The police can be useful for managing local traffic and parking, securing the safety area, and controlling the crowd. The local fire official must also be notified before any display. In most cases, a permit is required by the local fire official before a display can be approved. Although each locality may have their own specific requirements, the process for obtaining a permit generally requires proof of insurance and licenses, a proper map of the display site, and a list of all product intended to be used in the show. If a permit is not required for the display, it is still recommended that you contact the local fire authority. In most cases, especially in rural areas, it is recommended to have their services on standby in case an incident occurs.

Depending on the display site’s proximity to local area airports, the FAA might have to

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

be notified of the display as well. The FAA controls the air space surrounding all airports. If a firework display is to occur within five miles of an area airport, a Notice to All Airman, or “NOTAM,” must be created notifying the air traffic controller and anyone flying in the area that day of the time, duration, radius, and maximum altitude of the firework display. It is recommended that you contact nearby neighbors, especially those with livestock, about any planned firework display. This will ensure they have the proper time to make arrangements if necessary. It is also good practice to contact any local hospitals and nursing homes to let them know fireworks will occur so it won’t frighten the residents.

Safety Precautions On the day of the display, there are several things that need to be done to ensure the safe firing of the show. It is recommended to use some means of barricade to separate the crowd from the fallout area. This can be done with fencing, caution tape, or even a natural barricade such as a body of water.

If it is not feasible to physically barricade the fall-out zone from the crowd, the use of security personnel to keep that area clear is required. The wind must be monitored carefully before the display. Although the fallout zone is usually large enough to keep the crowd a safe distance away, extreme winds can cause the debris to travel much further than expected. If the wind speed during the display exceeds 25 mph, the display should be cancelled.

It is not always required, but it is a good idea for the sponsoring organization to sign an indemnity agreement with the firework company. This will release the sponsor from any liability that might occur as a result of the event. An additional insurance rider might also be required by the sponsor’s insurance company to cover such an event.

The sponsor must check with their insurance agent to see what is required in this situation. There are many safety precautions and guidelines to follow when planning a firework display. If the sponsor, local authorities, and professional display company all work together to meet these guidelines you are well on your way to having a safe and successful show.

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MAY 2017

| 31

Directory and Classifieds ASPHALT PAVING

Espina Paving Inc. 15441 Farm Creek Drive Woodbridge, VA 2191 Serving: MD, DC, VA

F: (703) 491-9101 T: (703) 491-9100

info@espinapaving.com

JANITORIAL

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

MANAGEMENT SERVICES (CON’T)

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

info@cleanadv.com

ATTORNEY

LAKE AND POND MANAGEMENT

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

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

BANKING AND FINANCIAL SERVICES

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

Mutual of Omaha Bank Community Association Banking/CondoCerts Noni Roan T: (301) 639-5503 Noni.Roan@mutualofomahabank.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 Falcon Engineering, Architecture + Energy Consultants 7361 Calhoun Place, Suite 325 Rockville, MD 20855 www.falconengineering.com T: (240) 328-1095 Stew Willis info@falconengineering.com TRC Engineering 9210 Wightman Rd., Ste 110 www.tedrossconsulting.com Gaithersburg, MD 20886 T: (301) 869-6446 Ted Ross ted@tedrossconsulting.com

32 | Quorum­

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

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

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 Legum & Norman, Inc., AAMC 3130 Fairview Park Drive, Suite 200 T: (703) 600-6000 Falls Church, VA 22042 Direct: (703) 970-8811 John Rhodes jrhodes@legumnorman.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle www.sequoiamanagement.com Chantilly, VA 20151-2283 T: (703) 803-9641 Craig Courtney, pcam ccourtney@sequoiamgmt.com Zalco Realty Inc., AAMC, AMO 8701 Georgia Ave., Ste. 300 Silver Spring, MD 20910 Arthur Dubin,cmca, pcam, cpm Z.J. Chelec, cpm

www.zalco.com

T: (301) 495-6600

adubin@zalco.com zchelec@zalco.com

PAINTING SERVICES AND RETAILERS

NOVA Painting Company www.NOVAPAINTING.com 22831 Silverbrook Center Drive #150 mark@novapainting.com Sterling, VA 20166 T: (703) 401-2000 Painting/Drywall/Carpentry Serving DC/VA/MD

Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 T: (703) 934-5200 Fairfax, VA 22033 F: (703) 934-8808 L. Peyton Harris Jr., cmca, cpm lph@capitolmanagementcorp.net

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

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

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

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

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

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

dave@restonpaint.com

­­I NDEX TO ADVERTISERS A Alliance Association Bank...............................................................................................................31 Associa-Community Management Corporation, AAMC...............................................................4 / 27 B Barkan Management, LLC, AAMC..................................................................................................25 C Capital Painting Co.........................................................................................................................23 Clean Advantage Corporation............................................................................................................7 Cowie & Mott. P.A...........................................................................................................................25 D Dirt Connections.............................................................................................................................31 PET WASTE REMOVAL

DoodyCalls Pet waste management solutions and services 13923 A Willard Road Chantilly, VA 20151 T: (800) DoodyCalls (366-3922) www.DoodyCalls.com RESERVE SERVICES

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

Titan Restoration Co Warrenton, VA www.titanrestoration.com Anita Puckett

DoodyCalls.....................................................................................................................................10 F Falcon Engineering, Architecture & Energy Consulting....................................................................35 FirstService Residential, AAMC.........................................................................................................2 L Legum & Norman, Inc., AAMC.......................................................................................................34 M Mutual of Omaha Bank...................................................................................................................23 N NOVA Painting Company................................................................................................................36

T: (540) 349-1503 F: (540) 349-1512

apuckett@titanrestoration.com

WINDOWS & DOORS

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

P Ploutis Painting & Contracting Co., Inc............................................................................................35 R Reston Painting Company................................................................................................................2 S SageWater......................................................................................................................................29 SOLitude Lake Management...........................................................................................................34 T Thomas Schild Law Group, LLC......................................................................................................18 Titan Restoration Company.............................................................................................................17 TRC Engineering............................................................................................................................17 TWC Services, LLC..........................................................................................................................10 W Williams Professional Painting.........................................................................................................31 Windows Plus, LLC.........................................................................................................................19 Z Zalco Realty, Inc., AAMC................................................................................................................23

MAY 2017

| 33

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34 | Quorum­

MAY 2017

| 35

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