Quorum May 2018

Washington Metropolitan Chapter Community Associations Institute

MAY 2018

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

e h t l l a C ! s t r e p x E

ALSO IN THIS ISSUE

____________________________ Why You Shouldn’t Deal with Mold Yourself ____________________________ Aging Building Infrastructure ____________________________ Stormwater Maintenance

Proactive Management and Guidance to Minimize Risk Although email can be a fast and convenient way to communicate, combining board communications with your personal or work correspondences can be a liability to you and your association.

To help lessen the risks to you and your fellow association board members, we have created an easy-to-follow guide to Email Communication Best Practices that is available for download.

Visit: https://goo.gl/cvsxnF As the D.C. Metro area’s property management industry leader, we know what it takes to create great communities that residents are proud to call home. Contact us today.

Download our complimentary guide today

Local offices in Fairfax, VA Fredericksburg, VA Silver Spring, MD www.fsresidential.com Making a Difference. Every Day.

2 | QUORUM

MAY 2018

­CONTENTS 12 Time to Call in the Experts

BY DOUG WHITE, P.E.

16 Penny Wise, Pound Foolish

BY SUSIE TRUSKEY, ESQ.

18 Why You Shouldn’t Deal with Mold Yourself

BY THOMAS MUGAVERO, ESQ.

20 Aging Building Infrastructure - Taking Care of Piping Systems

BY CHRIS HOLMAN

24 Shelter from the Storm

BY BILL HASSELMAN

26 Stormwater Maintenance

DEPARTMENTS AND MORE 5 Message from the President 6 Chapter Benefactor: Griffin Owens 7 Welcome New Members 8 Upcoming Events 11 People & Places 36 Classifieds 37 Index to Advertisers 38 Cul-de-sac: When You Didn’t Call an Expert

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

BY SHANNON JUNIOR

30 What to Expect When Sitting Down with Your Financial Advisor

BY STUART T. EISEN, AWM, CFP

32 Why Should You Listen to Your Community Manager?

BY KRISTINE CARAWAY, CMCA, AMS, PCAM

34 Working With Legal Counsel

BY LUCIA ANNA TRIGIANI, 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.

MAY 2018

|3

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

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

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

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

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

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

It’s been a busy spring for the chapter as we’ve gone from one groundbreaking even to another. We had another banner year at the Conference and Expo with over 2,100 attendees, 15 educational sessions, and over 200 exhibitors. We once again honored our Community Association of the Year winners and offered special features like the Money Booth Mania. Despite a concerted effort, our show has grown so much that I was not able to personally make it to each booth to meet our exhibitors. I want to thank all those who came out to our expo floor and attended our educational sessions and trust that all those in attendance found value. Kudos to everyone involved in making our largest annual event go off without a hitch.

FROM THE PRESIDENT

O FFICE R S

And now for the first time in over a decade, we will be the host chapter for the CAI Conference and Expo being held in Washington, D.C. from May 9-12. We are proud to present the Host Chapter Party taking place on Thursday, May 10 at Nationals Park. We will provide free shuttle party buses from the conference hotel as well as free garage parking on site for those wanting to drive themselves. You do not need to attend the conference in order to attend the chapter party, so come one, come all, you never know who you might meet at an international networking event of this nature. Staff and volunteers have been working actively on preparing for the occasion since November, and we have planned a special night complete with food and drinks, dancing and DJ, behind the scenes private tours of the stadium including the dugout and bullpens, and photo opportunities with the famous Racing Presidents. Rub elbows with national staff and representatives of the Board of Trustees, managers, exhibitors, and homeowner leaders from as far away as Dubai and Australia, and of course the local chapter members you know and love. Visit www.caidc.org/host-chapter-party to register.

This May issue of Quorum Magazine is full of expert advice on all facets of community association needs. Whether you are faced with the challenge of remediating mold, maintaining your community pond, or when to listen to your manager or attorney, you’ll find all that and more inside. Of course, our chapter has expert members in all fields so if you don’t find it inside; please check our website for more information. Did you know that you can find excerpts from past issue of Quorum as well as a business directory on our website? If you need a contractor, simply use the search function in the online service directory to find whatever fits your needs. Best of luck with all of your spring projects.

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

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

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

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

SARAH GERSTEIN,

CMCA, AMS, LSM, PCAM

Sarah is the general manager of Broadlands, a 3,800 unit HOA in Loudoun County. She has been in the community management industry since 2000, first as a portfolio manager before transitioning to large-scale on-site management in 2012. Sarah has been active in the Chapter for more than 10 years and has served on various committees during that time. She has served on the Chapter board for six years, holding the offices of treasurer, secretary, and vice president. Sarah was named to Loudoun County’s Class of 2015 Top 40 Under 40 Business and Community Leaders.

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

MAY 2018

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CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Griffin Owens Insurance Group Ron Unger and/or Orlando Ramirez 847 Station St Herndon, VA 20170 Telephone: (703) 471-0050 Fax: (703) 471-0418 E-mail: ron@griffinowens.com or orlando@griffinowens.com Website: www.griffinowens.com Year Established or Incorporated: 1981 • Areas you serve: Greater Washington Metropolitan Area • Corporate Associations: Dulles Regional Chamber of Commerce, Loudoun Chamber of Commerce, Greater Reston Chamber of Commerce, Greater Washing Hispanic Chamber of Commerce • Services Provided: Insurance Company Philosophy: Griffin Owens Insurance Group has been helping Condominium Associations and Unit Owners Coordinate insurance protection since 1981. We develop long lasting relationships with clients because we believe that there is no higher calling than to secure the needs of others. Our organization is unique in the marketplace because we provide peace of mind to all stakeholders by being the single point of contact for coverage, information, choice and professional advice. We see our relationship with clients as a partnership where all parties benefit now and into the future.

• Because we have a comprehensive approach to Condominium Association Protection we understand the needs of the individual Unit Owner as well as the needs of the Association.

• We work closely with Managers, Directors and Unit Owners to predict, control and prevent losses.

• If a loss occurs we are there to advocate on behalf of our clients to help ensure a fast and fair claims settlement.

• We offer our clients choices from across the insurance industry to provide them with extremely competitive prices and comprehensive coverage.

By placing your trust in the Griffin-Owens Insurance Group you will be giving your Association Members the peace of mind that their future is secure and predictable. We are a caring organization that is committed to helping our clients when the need arises.

We currently serve: • Over 15,000 Families • Nearly 2000 Business of all trades and sizes • 300 Associations, from which many have been with us since inception

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 Diane Sohn at publications@caidc.org or by phone at 703.750.3644.

Advertising:

For advertising, availability, rates, and specifications, please contact Diane Sohn 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

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

Community Association Volunteer Leaders from the Following Associations Carrollsburg Condominium Association Fountains at McLean Condo The Paddocks at Dowden Downs Town Center Homeowners Association Virginia Manor Condominiums Individual Managers Angelic Amado Maryoly Ayala, Sequoia Management Company, Inc., AAMC Joseph A. Bush, III Leelavathy Chokanda Brodie R. Freer, CMCA, Lake Ridge Parks and Recreation Association Eric Gladden Tracy Golden Kathleen Hagan, Select Community Services Rick Hall, FirstService Residential, AAMC Duane Hess, CMCA, AMS, Cathedral Park Condominium Sarah Jackson, CMCA, Jeffrey Charles & Associates, Inc. Ingrid E. Ketterman, CMCA, Capitol Property Management, AAMC Ramin Kordi, Gates Hudson Community Management, AAMC Rosenda McCook, CMCA, AMS, Majerle Management, Inc., AAMC Suzanne Raines, Associa-Community Management Corporation, AAMC Kimberly Riehl, Gates Hudson Community Management, AAMC Crystal Russell, SIGMA Real Estate Services Jacqueline E. Sanders, FirstService Residential, AAMC Robert B. Terrant, Burke Community Management Group, LLC Joe Valente, Cardinal Management Group, Inc., AAMC Hayley Wheeler, Sequoia Management Company, Inc., AAMC Business Partner Advantage Green Solutions, LLC

MAY 2018

|7

UPCOMING EVENTS

MAY 10

WMCCAI Host Chapter Party

Celebrate with CAI’s largest chapter at the 2018 Host Chapter Party!

7 – 10:30 p.m.

Nationals Park Cost: $125

Hit a homerun by networking with hundreds of community association colleagues at Nationals Park, home of the Washington Nationals Baseball team. Get your photo with the famous Racing Presidents. Get a behind-the-scenes tour of the ballpark including the dugout and bullpens. Experience local foods from D.C., Maryland, and Virginia.

Ticket price includes roundtrip transportation from the conference hotel, drinks, hors d’eourves, DJ entertainment, and more! You never know who you will run into in Washington D.C.!

Visit www.caidc.org for more information or to register.

MAY 19

Board Leadership Development Workshop 9 a.m. – 5 p.m.

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

Early Bird After May 5 Homeowner/Manager Member $65 $80 Nonmember $75 $90

The Board Leadership Development Workshop teaches the homeowner leader how to communicate with association residents, hire qualified managers and service providers, develop enforceable rules, interpret governing documents and more. It provides a comprehensive look at the roles and responsibilities of community association leaders and conveys information to help create and maintain the kind of community people want to call home. Breakfast and Lunch will be provided. Visit www.caidc.org for more information or to register.

MAY 31

Manager Roundtable: Safety & Risk Management 12 p.m. – 3 p.m.

Maggianos -Tysons Corner 2001 International Drive McLean, VA 22102

Safety and security are top concerns for communities. From advancing technology that can manage entire communities to hiring the appropriate security measures. How do you choose the right fit for your community? Join Allen Hudson, CIC, CRM of Sahouri Insurance as he leads a roundtable discussion in cooperation with experienced managers. Lunch will be served. Visit www.caidc.org for more information or to register.

Early Bird After May 17 Homeowner Member $30 $45 Nonmember $40 $55 Manager Member $35 $50 Nonmember $50 $65 Business Partner Member $110 $125 Nonmember $135 $150 JUNE 7

Maintain Control: Run an Efficient Board Meeting 12:30 p.m. – 3 p.m.

WMCCAI Chapter Office 7600 Leesburg Pike, Suite 100W Falls Church, VA 22043

Early Bird After May 24 Homeowner/Manager Member $40 $50 Nonmember $40 $55

Are your board meetings out of control? Do you find that your board is more frustration than function? Join Marie Johnson, ESQ., Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. and Traci Castrovinci, CMCA, AMS, Portfolio Manager at Gates Hudson Community Management as they lead an interactive discussion on how to maintain control of a board meeting by setting clear expectations and keeping participants, together and on track, to create a successful association.

Lunch will be served. Visit www.caidc.org for more information or to register.

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

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BOARD LE A DER SHI P DE VELOPMENT WORK SHOP

The Board Leadership Development Workshop teaches the homeowner leader how to communicate with association residents, hire qualified managers and service providers, develop enforceable rules, interpret governing documents and more. It provides a comprehensive look at the roles and responsibilities of community association leaders and conveys information to help create and maintain the kind of community people want to call home.

Breakfast and Lunch will be provided.

When

Saturday, May 19, 2018 9 a.m. – 5 p.m.

Registration opens at 8:30 a.m.

Where

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

Who

This program will benefit Homeowners and Managers

How

Visit www.caidc.org to register

Credits

This program is worth seven (7) credit hours

Sponsors

REGISTRATION RATES EARLY BIRD RATE BEFORE: 5/5/18

REGULAR RATE

Homeowner MEMBER

$65

$80

NONMEMBER

$75

$90

MEMBER

$65

$80

NONMEMBER

$75

$90

Manager

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

Anderson, Reilly, and Robinson Join the Tidewater Team

SOLitude Lake Management Ranks 10th on State-wide Best Places to Work List

Tidewater Property Management welcomes three new team members. Terry Anderson, Johnner Reilly, and Brian Robinson have all joined the Tidewater team taking on the position as Community Association Managers in the DC Metro office.

SOLitude Lake Management is pleased to announce the company’s placement on the 2018 Best Places to Work in Virginia list. The annual list is created by Virginia Business and Best Companies Group. SOLitude was awarded 10th place in the medium-sized employer category during a ceremony in February at The Boar’s Head Resort in Charlottesville, VA. This is the company’s fourth year placing.

Come one, come all.

Share the community!

Join up to 15 board members for only $250!

We now make it easier for your entire board to join CAI at the lowest cost.

The best community associations have the best boards—they’re educated, knowledgeable, and prepared to lead their communities successfully.

CAI membership provides your board members the best resources and education to stay informed.

Renew your entire board and they’ll enjoy all of the benefits of CAI membership. For more details, visit www.caionline.org/ ShareTheCommunity

Safety & Risk MANAGEMENT Safety and security are top concerns for communities. From advancing technology that can manage entire communities to hiring the appropriate security measures. How do you choose the right fit for your community? Join Allen Hudson, CIC, CRM of Sahouri Insurance as he leads a roundtable discussion in cooperation with experienced managers. Lunch will be served.

Who

When

Where

How

Credits

This program will benefit Managers

Thursday, May 31, 2018 12:00 – 3:00 p.m.

Registration opens at 11:30 a.m.

Maggianos Tysons Corner 2001 International Drive McLean, VA 22102

Visit www.caidc.org to register

This program is worth three (3) credit hours

Sponsors Chancellor | Windows Plus | www.windowspls.com Dean | Purofirst of Metropolitan Washington | www.purofirst.net Dean | Capitol Concierge | www.capitolconcierge.com

Chancellor | Trash Away, Inc. | www.trashaway.com Dean | Community Advantage | www.communityadvantage.com Dean | TRC Engineering | www.tedrossconsulting.com

REGISTRATION RATES EARLY BIRD RATE BEFORE: 5/17/18

REGULAR RATE

MEMBER

$30

$45

NONMEMBER

$40

$55

MEMBER

$35

$50

NONMEMBER

$50

$65

Homeowner

Manager

Business Partner MEMBER

$110

$125

NONMEMBER

$135

$150

7600 Leesburg Pike, Suite 100 West

T: 703.750.3644

E-mail: education@caidc.org

Falls Church, VA 22043

F: 703.941.1740

Web: www.caidc.org

MAY 2018

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By Doug White, P.E. Doug is a principal at Thomas Downey, Ltd., Consulting Engineers. He has over 30 years of diversified experience in engineering design of buildings, structural engineering, building investigations, reserve studies, forensic engineering, construction project management and administration, and construction cost estimating. Doug is a technical expert on building structures, structural repairs, façade restoration, water intrusion, waterproofing, roofing, failure investigations, historic buildings, and building construction. He is a registered professional engineer in the District of Columbia, Maryland, Virginia, Kentucky, and North Carolina.

n i l l a C o t e TimExperts the • Attorneys

• Accountants

• Investment managers

I

f you have been working in community management for a long time, you have probably noticed it has become vastly more complicated. For example: • Declarations and bylaws that used to fit into a small folder and now are as long as War and Peace.

• Building codes are more complicated.

• Regulations governing common interest communities have expanded.

• Digital communications have created an expectation for immediate, accurate, and complete responses.

• Boards and residents are more demanding.

• Engineers

• Architects • Interior designers • Surveyors • Landscape designers, arborists, and pond consultants • Reserve analysts • Computer and IT consultants • Access control and security specialists • Fire system and life safety consultants • Elevator specialists • Fitness, recreation, and swimming pool specialists

• Information from the internet has made everyone an “expert.”

• Construction project managers

• Buildings have become more complicated.

• Board training consultants

In the “old days,” community managers could handle most tasks themselves and had more time to work on them. These days, things are more complicated, so there is less time to complete them. Enter the experts and consultants. Today, there is a specialist for every need. They include:

In some cases, the decision to call a consultant is obvious and easy. When the issues are technical, and outside of common knowledge, you can call in a specialist. HVAC systems, IT networks, fire alarm systems, and elevators are common examples of systems that require special expertise.

12 | QUORUM

• Management consultants

But many problems that managers and boards face are not highly technical or beyond common sense understanding. So why call in consultants for these types of problems? A few examples, taken from real life and barely changed to protect the innocent, show some of the reasons: • In a high-rise building, the board has decided to redecorate the hallways. All that is really involved is new paint, carpet replacement, and new light fixtures. Sounds easy, doesn’t it? That is precisely the problem—everyone in the building suddenly has strong opinions about the carpet and paint. Management calls in an interior designer to deflect responsibility away from management and the board. Two years, $30,000 in design fees, and six design options later, the exasperated board selects one option. Most of the board resigns in disgust after being excoriated by residents for not listening to the community and making a poor color choice.

• A pipe bursts in a unit, destroying the Distressed Kiawah Hickory hardwood flooring the owner installed six months ago. The association is responsible for replacing the flooring, but only to the value of the builder’s grade carpet that originally came with the unit. The owner never read the bylaws that explained this and is

livid when told that $1,500 is all they can get when they paid $8,000 for the hardwood. They submit an estimate of $5,000 for carpet from Diablo Flooring along with a letter from “their attorney” that promises to have the manager in court next week if the association doesn’t pay up. Management and the board know that this will go nowhere but calls in their attorney. Thousands of dollars in fees and months later, the court rules in favor of the association.

• The board is interested in “going green,” but only to the extent that is economically advantageous over a five-year period. A resident in the community who worked for a few months as a teenager installing solar panels, and who has way too much time on his hands, bombards management and the board with proposals to go off the grid, install EVA charging stations throughout the property, compost all organic waste generated by the residents, and install green roofs on all of the buildings. He supports his contentions with voluminous documents and analysis, all gathered from the internet by Googling around for a few hours. Management and the board see that the projects are too ambitious and impossible for the community to finance. The resident is not easily dissuaded and gathers support from a few other residents. They are taking up all of management’s time and are just enough this side of crazy to spark the interest of a growing number of community members who wonder why the board won’t implement all of these great suggestions. Management calls in an energy engineering specialist to analyze the various proposals and $15,000 in fees later, the community decides that the board was right after all.

• In a large community, the board decides that modern technology and social media offer a path towards hearing and addressing all resident concerns and complaints.

They direct management to “reach out” through Facebook and Twitter. They purchase a large, costly suite of integrated software called Link Up Your Buildings that pulls together in one community cyber square bulletin boards, service requests, community documents, budgets, newsletters, service directories, and

a special message to everyone on their birthday. The manager can’t get anything done because all available time is spent reacting to the tsunami of pointless comments, rambling treatises, complaints, service requests, and funny notes from the newly-empowered residents. At 4 pm one hot Friday afternoon, Link Up misses a few steps during a power bump. Many residents lose air conditioning. The barely functioning Link Up is overwhelmed by the outpouring of comments, anger, and requests from residents. Link Up bites the dust, and the manager cannot revive it.

Network and IT consultants are brought in at great expense to “improve the digital infrastructure.” And to top it all off, the community is forced to hire a full time “outreach coordinator” to handle all of the digital feeds.

• The local government has passed a law requiring community board members to receive training in order to serve. In order to field board members in a community where most are reluctant to get involved in community governance, the board is forced to hire a board training consultant and to offer perks to board members in compensation for the time and effort required of them. These are new expenses that contribute to increased assessments.

In the not-too-distant past, these problems either did not exist or would have been handled by the community manager. These incidents illustrate some of the reasons—other than the need for technical expertise—for the proliferation of consultants. Consultants are often hired for these reasons: • Deflecting responsibility to another party • Managing the sense of knowledge and entitlement that the information age has created • Meeting a higher level of resident expectations • Responding to an increasing tendency towards disputes and resolving conflicts through administrative procedure instead of deliberative discussion Here are some tips on dealing effectively with experts that come both from the experts themselves and experienced managers.

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Continued on page 14 MAY 2018

| 13

Know the difference between a consultant and a trade contractor There are times when a contractor is all that is needed. If there is an obstruction in a pipe causing drain backups, you call a plumber, not a mechanical engineer. If there is a frequent problem with drain backups at widely scattered locations and no amount of snaking or hydro-jetting seems to solve it, maybe a plumbing engineer should be consulted to see if there is a feature of the system that is creating the problem.

Trade contractors are good at solving specific and well-defined problems that don’t require the manager to choose among a variety of differing options. Contractors earn their living by selling a specific product or service, and if the best solution to the problem does not lie within their normal scope, guidance from an independent consultant may be appropriate.

Understand how consultants are paid and how to manage their fees Most consultants sell services, not products. They earn their fees by spending time in investigation, analysis, writing reports, meeting with clients, and responding to questions. Managers can control fees by: • Asking for fixed fees for well-defined tasks.

• Dividing large projects into phases with defined scopes of services and associated fees.

• Asking consultants for their advice on the best and most economical way to structure fees.

• Having consultants submit detailed itemizations of their fees on open-ended projects.

• Asking about how they handle emails and act accordingly. Digital communication is fast but can consume large amounts of consultant time. Most consultants have some way of being compensated for emails.

While some consultants may be touchy about discussing their fees, asking what they are doing, how they are doing it, and what it costs are fair questions.

Beware of conflicts of interest When consultants analyze problems, recommend a solution, and then offer to sell you the solution, beware of a conflict of interest.

Most consultants are independent and will provide unbiased opinions. When a significant part of their compensation comes in selling you a product or service that fixes the problem, there is a tendency to always find the solution in the product or service that they sell.

In this case, there is little difference between the consultant and the gutter salesman whose answer to every drainage problem is to install new gutters.

Learn how to solicit proposals from consultants effectively It is fair to solicit proposals from more than one consultant. To get proposals that can be compared fairly: • Break the scope of services into discrete segments if possible and ask that the proposed fee be divided accordingly.

• For discrete and well-defined tasks, request fixed fees.

• For tasks where fixed fees are not appropriate, ask for not-to-exceed fees for specified scopes of services.

• Ask for hourly rates and estimated costs for reimbursable expenses where fees are on a time-and-materials basis.

• Keep requests for proposals as simple as possible. Lengthy narratives that minutely tell a consultant how they will perform tasks are usually not effective and will most often result in higher fees.

• Define what you want in deliverables. Do not ask for more than you really need. For example, since most documents are generated digitally and viewed on screens, asking for paper copies will probably increase fees. If you don’t need the paper, don’t ask for it.

• If you are not already familiar with the consultants, ask for their professional qualifications and references.

• Solicit proposals from no more than three firms. Consultants talk to one another and if they know that four or more have been contacted to submit proposals on a project, they will not be interested in bidding or will not give the proposal sufficient attention.

• Ask for appropriate insurance. Consultants should be able to provide appropriate levels of liability and/or professional liability insurance.

In evaluating proposals, the lowest proposed cost is not always the best value. In choosing a consultant, take into account the cost, the level of service that will be provided, the professional qualifications of the firm and individuals doing the work, and proposed technical approach (if applicable).

Use consultants who understand the decision-making process at common interest communities Working with condominiums, cooperatives, and community associations is very different from working with commercial owners and property managers. Most consultants do not understand how 14 | QUORUM

RESERVE STUDIES

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common interest communities work and how decisions are made in these environments. This has caused a lot of frustration for both the consultants and communities. In general, it is best to work with firms that know how to work with community associations. This problem has been addressed by CAI in their Educated Business Partner program. See www.caionline.org/LearningCenter/Education-for-Business-Partners for details.

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Choose consultants who can communicate with you effectively Most consultants are technically competent. What most often distinguishes the best consultants from the others is their ability to listen to their clients, understand their needs, and effectively communicate the solutions. Beware of consultants who are evasive, use a lot of technical jargon in oral and written communication, or avoid face-to-face meetings.

At the risk of revealing some of the dark secrets of the consulting and technical world, it is almost always true that hard-to-understand speech or writing conceals fuzzy thinking. If the consultant cannot communicate even the most complicated technical issue in a way that a community manager can understand, there is a good chance that the consultant doesn’t really understand it either.

Provide a designated point of contact To avoid misunderstandings, communications between the consultant and community should be routed through a single person, usually the community manager. If community members contact the consultant directly, there may be misunderstandings and fees will increase with the time the consultant uses in responding to many people.

Consultants and experts play an important role in effective community management. Knowing when and how to use them well is an essential management skill.

MAY 2018

| 15

By Susan L. Truskey, ESQ. Susie is an attorney at Whiteford, Taylor & Preston, LLP. Her practice is devoted to the representation of condominium and community association clients throughout Virginia and the District of Columbia. She has been named a “Rising Star” by the Washington Metropolitan Chapter Community Associations Institute and currently co-chairs the Chapter’s Quorum Editorial Committee.

PENNY WISE, POUND FOOLISH WHEN ASKING TOO MUCH OF YOUR COMMUNITY MANAGER BECOMES RISKY BUSINESS – YOU NEED EXPERT ADVICE.

C

ommunity association managers fill many roles for the communities they manage, such as contract negotiators, on-site foremen, accounting and budgeting gurus, strategic planners, psychologists, mediators … the list goes on.

Managers are incredibly adept at utilizing

16 | QUORUM

their vast array of professional experiences to assist directors with making many important decisions, but good managers also recognize their limitations. An integral—if often under-appreciated—aspect of association management is recognizing when an expert opinion is warranted.

All too often, directors make well-intended decisions that save money in the short-term but wind up costing their associations more in the long-run. When professionals and experts are not consulted at the right time, it can be risky for boards and potentially costly for associations. Consulting with a subject

matter expert at the outset of a project, although potentially expensive, can immunize boards and associations from potential liability, limit risks, and ensure appropriate long-term solutions. The following examples highlight the risks of shortsighted decisions to bypass industry experts: • Signing a contract (or worse, signing a proposal or estimate) without first having it reviewed by legal counsel. Anyone who has been around associations long enough has heard the following scenario, something goes wrong in the performance of a contract and when the board reaches out to counsel they are surprised to learn that the contract has an unreasonable termination provision and that litigation, if necessary, must occur in some far away state.

• Repairing a sagging unit floor without first hiring a structural engineer to determine the cause of the problem and developing a proper scope of work to address the underlying cause (surprise, it’s the foundation!).

• Hiring a company to perform mold remediation without first hiring a mold inspector to determine the type and levels of mold present and developing an appropriate action plan.

Directors face tough spending decisions all the time. As fiduciaries for their associations, directors must act prudently and diligently when spending association resources. Directors have an obligation to discharge their duties in good faith and to act in the best interests of their associations. Namely, directors are duty-bound to exercise the skill, care, and diligence of a reasonable person when making decisions.

In discharging their duties, directors are not expected to become lawyers, engineers or accountants; rather, they are justified in relying on expert opinions given by legal counsel, professional engineers, public accountants, and other qualified individuals as long as they believe, in good faith, that the opinion given is within the person’s

professional or expert competence. Directors who exercise proper due diligence will generally not be liable for the decisions they make even if they don’t always pan out the way the board had hoped.

When directors attempt to keep costs down by leaning on community association managers to provide expert advice (on matters outside their expertise), they place themselves and their associations at risk by inviting liability for unqualified determinations and failing to exercise good business judgment. Community association managers wear many hats (and can probably leap tall buildings in a single bound), but they are not professional engineers, attorneys, mold experts, public accountants, or radon mitigation experts, and directors should not ask or expect their managers to perform such professional services for the association.

Does this mean that directors need to consult with outside experts on every project? No, of course not. Boards and community managers will have to make this determination on a case-by-case basis.

The factors that should be considered would include the size, scope, and complexity of a given issue or project and the potential risk to the association if the project were to go awry. For instance, should an association have legal counsel review a small landscape contract for new pansies in the spring? Most likely not. On the other hand, a multi-year landscaping contract may warrant the minimal expense associated with a legal review.

No one wants to spend more for something than is necessary—but it can be risky to place too much emphasis on cost.

The additional cost for an expert’s opinion is often justified, just as the decision to select a higher bid can be. Directors should make an effort to understand both the risks involved as well as the benefit of the bargain before selecting a bid. Of course, the price is an important factor to consider, but there may be value in other aspects of a proposal such as stronger warranty terms, better construction methods, higher quality materials, or a contractor’s proven reputation.

Directors should not feel compelled to forego an expert opinion and select the lowest bidder strictly because of the price. Higher priced proposals are often justified for a multitude of reasons, as is the additional expense of consulting an expert.

In short, know when to call on experts. Directors should always put forth the effort to gather information they feel is necessary to make an informed decision and discharge their duties as directors in good faith. I recommend evaluating the complexity, cost, and scope of an issue or project and, when in doubt, seek expert advice.

MAY 2018

| 17

By Thomas Mugavero, ESQ. Thomas is currently of counsel with the law firm of Whiteford, Taylor & Preston, LLC. He has engaged in business litigation practice throughout Virginia, Maryland, and the District of Columbia for over 20 years.

AND IT’S NOT JUST BECAUSE YOU DON’T HAVE MR. CLEAN’S ABS.

M

old, technically, is everywhere, in some form or another; it is in the dust on the furniture, in the crumbs left on the counter, and in the air that drifts in from the outside. It is why bread turns green-gray, and why coffee left in the mug on the desk over the weekend will look tan on top. Visible mold, however, is usually a by-product of some other maintenance problem—and usually a sign that that maintenance problem has been going on too long.

When mold is given a damp environment and some form of nutrient – either wood, or drywall, or some other building material— it will flourish and grow, creating splotchy discoloration on walls, ceilings and personal property.

All mold needs to grow is a moisture source—a leaky roof, a pinhole leak in a pipe, or an overflowing kitchen sink. It can even form in the drip pans of HVAC units and on air filters, which is why it is important to check the ventilation system on a routine basis. Once a damp environment is created, mold will develop, usually in a matter of weeks; after that, the mold spores will become airborne and begin to

18 | QUORUM

spread. Mold can also emit mycotoxins, and volatile organic compounds (VOC), which account for the musty smell one usually finds in a moldy environment. The most common forms of mold found in a residential damp indoor environment are Aspergillus/Penicillium, Cladosporium, and Stachybotros. Bear in mind, though, that these are the genera names—within each set are a number of different but related species.

The question, therefore, is this: what should an association do when there is a complaint of mold growth, and why is the proper response so important? The proper response is two-fold: (1) find and repair the source of the moisture, and (2) remediate the existing mold. Repairing the moisture source means finding the leaking pipe, or roof defect, or HVAC malfunction -- whatever is causing the moisture levels within the area to climb.

If building materials are wet, but not moldy, they must be thoroughly dried out, usually with industrial fans, to prevent mold from growing further. Materials that cannot be dried out thoroughly must be removed and discarded.

Mold remediation is one of those tasks best left to the professionals, so where there is unusual mold growth, it is best to contact a certified mold inspector.

Sure, you can probably clean out the mold that accumulates on the grout in the shower, but anything larger than a few square feet requires an expert, for two reasons.

First, common cleaners, including chlorine bleach, are not recommended for cleaning mold, since they will not completely eradicate the spores. Even fungicides and biocides do not fully remove the mold spores.

Second, unless the affected area is properly contained, and airflow to unaffected areas completely blocked, any remediation efforts will disperse spores throughout the living area, compounding the problem.

Generally, a mold inspector will test the walls and floor for excess moisture, assess the visible mold damage, take air and swab

samples to determine what types of mold are growing, and draw up a remediation plan. Good mold inspectors will not actually do the remediation themselves—that represents a conflict of interest.

That remediation plan will then be turned over to a remediation company for execution, including hermetically sealing off the area, removing damaged and irremediable materials, and cleaning what can be saved. Again, depending on the extent of the mold growth, remediation may involve the structure and fixtures, and it may involve personal property as well. Fabrics, bedspreads, upholstery, etc. can often times be professionally cleaned; non-porous materials can also be cleaned. Certain porous materials, however, like paper, fabrics, and suedes, may not be salvageable, and will have to be discarded.

If the mold is growing in the common areas, that section of the building will have to be cordoned off during the remediation, in order to prevent airflow to the rest of the common areas. If the mold is within a unit, the resident may have to relocate while the remediation is underway. As with any other repair problem in a community association, the question of who bears the responsibility for the remediation depends on where the water source originated, how the governing documents define the boundaries of the unit and of the common elements, and how extensive the damage might be. But, if remediation is done properly—and if the source of the excess moisture is properly repaired as well—mold growth should only be a temporary annoyance.

Why is it so important that the matter is left to the experts? Because improper or ineffective remediation can only increase the exposure of the association, either to future repair costs or to litigation. The future repair costs come when the mold reappears, usually because it wasn’t properly cleaned in the first place. Where the excess water arose from common elements (a leaky roof, or a pinhole in a common element pipe), the association would be liable both for the repairs and for the damage caused by the mold. Where the mold has spread to the common areas themselves, either common rooms or into the spaces behind the drywall of a unit, the remediation again will lie with the association. Regardless of who originally had the duty to fix the water leaks, if the association undertakes the repairs and does an ineffective job, the association may be liable for a claim of negligent repair—which is probably not limited by any provision in the governing documents.

The medical expenses component is problematic. It is generally accepted that acute exposure can result in transitory respiratory problems, and possibly exacerbation of existing respiratory issues.

In other words, acute exposure could cause stuffy noses and breathing difficulties, and could make existing asthma or allergic rhinitis worse. Generally, however, the symptoms would gradually subside once the resident is out of the contaminated environment. Acute exposure over long periods of time, however, can result in permanent medical issues. Think, for example, of farm workers who gather corn into silos for years; they can develop aspergillosis, or mold nodules in the lung tissue itself.

There is, however, no clear dividing line between transitory and permanent exposure. Should a claim go to litigation, the plaintiff will undoubtedly allege that he/she is permanently damaged by the mold exposure, even if the exposure was not severe. And, of course, where there is a claim to be litigated, there are expert witnesses who would be glad to testify on the plaintiff ’s behalf, for their usual fee. There are also any number of treatments purportedly designed specifically for mold “detoxification”. The majority of the medical community seems to think that such treatments are junk science, but there is a large enough minority to lend some credence to the claims.

So, if an association fails to properly remediate a mold situation, it may face not only claims for lost property and remediation costs, but also claims of medical expenses, future medical treatment, pain and suffering and anything else the plaintiff can think of, on top of the costs of defending the lawsuit itself. Attorneys, after all, aren’t cheap.

Herein lies the last piece of the puzzle: most associations do not have coverage under their general liability policy for mold damage. Thus, if a claim is made for improper mold remediation, the association may find that it has no insurance to protect against the loss, or against the costs of litigation. For all these reasons, it is best to turn as soon as possible to a certified mold inspector and possibly a mold remediation expert, to at least mitigate some of the potential loss.

That’s where the risk of litigation comes in. Generally, if the association is sued for breach of contract—because the governing documents required the association to remediate and it failed to do so, thereby breaching the agreement with the unit owner—the damages will include the cost of remediation, the cost of relocating during remediation and the cost of any personal property that could not be salvaged. Where the claim is in negligence, however, damages could include medical expenses from mold exposure, pain and suffering, and (if there were gross negligence by the association), even possibly punitive damages.

MAY 2018

| 19

By Chris Holman Chris is a graduate of the University of Maryland with a degree in Mechanical Engineering. He is proficient in AutoCAD, and those skills have been utilized on multiple projects since joining the TRC Engineering team.

AGING BUILDING INFRASTR TAKING CARE OF PIPING SYSTEMS

A

lthough they appear stoic and unmoving, buildings are very similar to living, breathing creatures. While we have lungs to draw breath, buildings utilize air handling units and ductwork. Controls systems monitoring all the functions of the building operate similarly to our own brains.

Much like arteries and veins in our bodies, the piping systems in a building are a vital circulation system which allows for the building to operate. HVAC piping is responsible for keeping you cool in the summer or warm in the winter, while domestic water piping is responsible for every hot shower, or flushed toilet. These systems affect every shower, toilet, sink and depending on the building every fan coil unit. Piping systems perform this job 24 hours a day, 7 days a week, 365 days a year. Much like our own circulatory systems, this job is performed unseen. Out of both sight and mind, it is easy to see why the maintenance and care of these systems can be overlooked.

Every piece of a building has a finite economic life. Whether up front and visible such as a door or window, or hidden behind the walls, these pieces all play an important role and need to be cared for properly. Piping systems have a typical “lifespan� of 30 to 50

20 | QUORUM

years before replacement is required. There are several factors which contribute to the wide range in this lifespan, including material defects, poor installation, poor water treatment, repairs with incompatible equipment and/or components, and harmful environmental conditions.

When piping deteriorates, on the inside or out, it loses the ability to transfer water and perform its job effectively.

Leaks begin to occur more frequently, and eventually, major failures can occur. Leaks in HVAC piping can cause chemical imbalances in the piping, which accelerates the deterioration of the piping even further in addition to putting the mechanical equipment at risk.

Leaks in both HVAC and domestic piping, particularly underground leaks which are not easily fixed, can cause up to hundreds of thousands of gallons of water lost. This is water which the building has paid to have chemically treated, heated (or cooled), and pushed throughout the building. When the leaking becomes too frequent, replacement is inevitable and imperative.

Piping replacements can cost anywhere from hundreds of thousands to tens of millions of dollars depending on the size of the building in question and the design of the system. The process of replacing piping is one of the most intrusive building system renovations that can be performed. Walls and ceilings need to be opened up depending on the location of the piping. In many cases, this includes removal of kitchen cabinets, marble or ceramic tiling, and all wallpaper in that area. Piping installed before 1981 typically requires testing for asbestos, which creates a health hazard for residents as well as contractors.

Shut-downs of the system to drain the risers for replacement means multiple units without any water service for hours or days at a time. This process can take months to complete, disrupting the lives of all tenants in the building.

One building in Maryland has recently met the end of the useful life of the two-pipe HVAC system. Replacement in this 21-story behemoth would require cutting into the walls of every apartment, in addition to asbestos abatement on all the risers. This process was determined to be so expensive and intrusive; ownership has considered the possibility of building an entirely new HVAC

RUCTURE

system complete with new risers; a project that will cost well over $10 million to complete.

While the replacement of piping is inevitable, there are multiple steps that can be taken to delay the need for replacement and to be prepared when replacement is necessary. Knowing the age of the piping in the building is the first step. This will give a general idea of when replacement is necessary. Additional steps which need to be taken include:

A

HIGHER LEVEL of ATTENTION

to Your Association

1. Conduct a reserve or capital forecast study.

A reserve or capital forecast study will use industry guidelines, material costs, and local labor costs to estimate the total cost of a piping system replacement. Studies are not guaranteed to be accurate as many unforeseen expenses might arise during replacement. Instead, they can be used as a general guideline to give building owners an idea of the amount of money that needs to be saved.

Once this study is completed, it is imperative that money is set aside for replacement. Piping replacements can bankrupt a building if proper time and effort are not spent preparing. The three basic ways to pay for a replacement of this magnitude include: • Saving in advance through monthly reserve fees • Borrowing the needed funds and repaying via increased monthly fees

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• A special assessment on each unit owner in the case of condominiums or cooperatives Continued on page 23 MAY 2018

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The need to save for large-scale system replacements should be brought up at all board meetings and in any budget reports sent to unit owners.

2. Record all leak locations and frequency.

This process can be started immediately and will help anyone involved in the evaluation of the pipe conditions to determine what condition the piping systems are in. Even a system in good condition will have occasional leaks; however, recording the location and frequency of the leaks provides additional information. If leaks occur only on fittings, or only on one riser in the building, this can reveal an underlying problem which may be causing the leaks. If the building engineer records four to six leaks in a calendar year for years, and suddenly records fifteen or more, that sudden increase in frequency may indicate the piping is failing.

3. Have a professional assessment done.

Once the frequency of leaks has increased, building ownership should contract for a formal pipe assessment. This assessment can include visual inspection of the piping, ultrasonic testing to determine the thickness, thermal imaging, and testing of removed sections of pipe. This assessment can range from $3,000 to $30,000 depending on the size and design of the piping system and whether there are any existing building drawings.

When it is determined that the system can no longer function without renovation or replacement, an engineering study should be performed to determine the best approach to resolve the issue.

Replacement design requires a set of drawings which show the locations of all piping in the building. If there are no existing drawings, an engineering survey to map out the most likely locations of the piping system(s) should be conducted. This survey can cost anywhere from $50,000 to $150,000 depending on the size of the building and complexity of the system.

While expensive, these drawings will allow for the contractor to have a guideline of the most likely locations where piping is located. Without the drawings, it is possible the contractor will have to cut multiple holes into residents’ walls in order to find and replace all of the piping. If this is done, changes to the drawings should be made as the replacement process is completed to accurately map the as-built conditions before the walls are closed. This will provide the building owners and engineers with a correct set of drawings for any future work which is required.

Piping system replacement can be the most expensive and intrusive process in a building’s lifecycle. The steps above can help to lessen the cost and prepare the property for what is to come.

While a piping replacement may not be needed in your building in the next few years, the time to plan is now. Building systems can be resilient and last for decades, but care should be taken to monitor them in order to keep them healthy and happy.

MAY 2018

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By Bill Hasselman Bill has over 45 years of hands-on experience in residential construction, including the past 20 years at Becht Engineering BT. Serving as Becht’s Technical Specialist in building envelope design and construction, Bill has participated in hundreds of corrective design projects across the broad spectrum of building façade elements, including the construction of thousands of new homes throughout the Mid-Atlantic region. Bill has also been involved as an expert witness in hundreds of construction defect disputes, centering primarily on residential construction. Bill has also been an active CAI member for 18 years, including currently serving in his 4th term as a Chesapeake Chapter Board member.

SHELTER FROM THE S

I

t may be safe to assume that when the first pre-historic cave dweller emerged from the darkness of their first home in search of a better housing alternative, that it came at the desire for something a bit roomier, and perhaps with natural lighting, fixture upgrades, options, and of course, location, location, location…. It would be at that point in time that this very first aspiring architect/ engineer began to design and build what has

since been called “shelter.” The first order of business would have been to conceive and construct the first dwelling; complete with surrounding walls and roof over head.

Definition: The Building Envelope The term “Building Envelope” refers holistically to the exterior covering of a building.

These are the layers of materials which es-

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LEED AP

sentially “keep the weather out,” from top to bottom. The effective coverage of a building’s exterior surfaces in modern construction relies on several design logistics, the majority of which rely fundamentally on the provision of a “drainage plane.” This layer of materials serves to prevent water from entering into the structure.

“Weather Protection” has always been a clearly defined construction requirement within the building codes; however, the codes offer this requirement as a performance specification, rather than being detail specific. Effective weather resistance is to be provided at foundation walls, on exterior walls (including doors, windows, and other wall openings), at decks and terraces, and at the roof.

Primitive efforts in weather-resistant construction relied primarily on two basic principles; involving the benefits of sloped design for direct run-off drainage, and the use of weather resistant materials placed in overlapping layers. This “gravity-driven” logic can be seen in the simple genius of the primitive thatched huts, which rely on overlapping layers of readily available naturally durable materials. Regardless of material choice, this “shingle effect” design logic has prevailed on

STORM

THE BUILDING ENVELOPE

through to the present as the ruling logic in roofing and siding system designs. Historically, man has utilized a wide variety of materials, including animal, mineral, and vegetable, all of which were readily available as natural materials obtained directly from the local environment. A truly “Green” logic, which in today’s world would earn LEED design certification. In addition to natural materials which are still in use, more modern product options include a broad selection of manufactured products; incorporating asphaltic materials, rubbers, metals, glass, minerals, plastics, and other synthetics.

In today’s more typical construction, the primary layers of the drainage plane typically consist of a Weather Resistive Barrier, (WRB) and various forms of integrated flashings. The weather-resistive barrier material can be installed as a sheet material, as a liquid applied coating, or as a factory applied coating on the exterior sheathing panels.

The drainage plane is covered by a second layer of “cladding,” in the form of durable exterior finish materials. The exterior facing materials combine to create the aesthetic of the building’s exterior, including the more familiar materials such as brick and stone veneers, various siding systems, architectural trim assemblies, roofing, glazing (glass), and other types of facing panels. As a simple analogy, a building’s drainage plane and cladding system can be paralleled to our skin and clothing. Our skin is “weather tight,” much like a drainage plane, but is still somewhat vulnerable. We then protect the skin with clothing, as a more durable layer of protective “cladding.”

If you take only one thing from this brief discussion of the building envelope, let it be the fact that the surfaces that you can see on the exterior of a building are in most cases not directly responsible for

the weather tightness of the building. The concealed materials of the drainage plane are more typically the critical elements which provide the required weather resistance.

As a property manager or building owner, consider the value of adopting a scheduled program for monitoring the condition of your building’s exterior.

Develop a maintenance checklist list of your building envelope components and follow through with cyclical inspections. As an example, the following recommended visual inspections can be performed annually, or at appropriately scheduled timeframes, ranging from 3 to 5 years. These inspections may be performed either by a manager or by another specifically qualified inspection resource.

• Foundations – basements and crawlspaces • Waterproofing – parking garages and plaza membranes • Exterior Walls – masonry, siding, and other cladding systems • Balconies – wood framed or concrete • Roofing – shingles, sheet membranes, and guttering In summary, we should all accept the fact that virtually all building owners and property managers will inevitably deal with some form of weather-related water infiltration issue, and there is obvious value in owners and managers having a better understanding of Building Envelope systems and materials.

MAY 2018

| 25

By Shannon Junior Shannon is an experienced aquatic ecologist and senior business development consultant with SOLitude Lake Management, an environmental firm providing a full array of superior lake, pond, and fisheries management services and solutions.

STORMWATER

MAINTENANCE F or community managers, adding a new property to the portfolio can be both exciting and stressful. Ideally, the community will have an experienced board that gets along well and supports a common agenda. The developer or the previous management company will have kept adequate, organized records, and the transition to new management will go very smoothly and will include all of the pertinent documents. Or...

One component that is frequently lost in transition is information about the stormwater management facilities in the community. While it is easy to identify wet ponds, many other stormwater best management practices (BMPs), such as bioretention areas and dry detention ponds, are not as recognizable and may be overlooked as maintenance items. It can also be confusing

26 | QUORUM

to understand what the maintenance obligations of the HOA are for each of the facilities, especially when the responsibilities can vary between localities, communities, and individual facilities. In some cases, the inspection and maintenance of stormwater management facilities is handled by the City or County, although more commonly, it is the responsibility of the pond owners. There may also be wet ponds in the community that existed prior to development and have no stormwater functionality, which would be considered amenity features to be maintained by the HOA. The key documentation that outlines the responsibilities of the HOA for Stormwater BMPs in the community is the Stormwater Maintenance Agreement with the locality. This document should exist for every facility that is part of an approved site de-

velopment plan and should be on file with the locality if you aren’t able to locate it.

The Maintenance Agreement delineates the specific requirements for each facility, such as the frequency of inspections and maintenance tasks, and identifies the responsible party for these activities. It is also recommended to have the As-Built Plans for each facility that indicate the original designed conditions, including the locations and elevations of inlet and outlet structures, and the intended basin depths and contours.

The As-Builts are a critical reference for long-term maintenance activities such as structural repairs or dredging to ensure that the intended functionality of the facility is retained. Other documentation such as Reserve Studies and previous structural inspections may also provide valuable information when creating a stormwater maintenance plan for a community.

During rain events, stormwater runoff cannot soak into impervious surfaces such as pavement and rooftops, so the speed and quantity of water flowing through our communities is greater than what would have been there in pre-development conditions. Stormwater BMPs are structural and vegetative features that are designed to slow, absorb, and trap pollutants such as sediment, oil and grease, nutrients, trash, and other pollutants so that they do not negatively impact downstream water resources. As a result, the BMPs them-

selves become overwhelmed with these pollutants and require periodic maintenance to preserve their integrity. Retention and detention facilities that are full of sediment and debris will no longer detain stormwater, potentially resulting in downstream flooding, erosion, and pollution. And for wet ponds, the build-up of sediment and nutrients contributes to water quality issues and deteriorating aesthetic conditions.

Continued on page 29

MAY 2018

| 27

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There are essentially four levels of maintenance for stormwater management facilities. Structural maintenance ensures the physical integrity of the inlet and outlet structures, the dam embankment, and the shoreline. Functional maintenance involves retaining free flow through the facilities and adequate storage volume. Aesthetic maintenance ensures that the facilities look good and are free from noxious odors, and ecological maintenance provides a healthy environment for the plants and wildlife that live in and around the facilities. Most Stormwater Maintenance Agreements focus on structural and functional maintenance so that the facilities continue to meet the objectives of flood control and pollutant removal. However, although these maintenance activities are often considered separately, they are functionally intertwined. Well-maintained facilities not only work better to achieve their flood and pollution control objectives, but they are also more attractive and tend to have healthier plant and animal communities.

All stormwater management facilities require periodic inspections and maintenance, and a comprehensive maintenance plan should be developed to address each facility in the community.

The first step is to identify all of the facilities and to delineate the maintenance responsibilities for each of them. Even if a facility appears to be in good condition, it should still be professionally inspected on an annual basis to ensure that there are no hidden deficiencies, and maintenance activities should be performed proactively instead of reactively. It is always cheaper to remediate issues early, rather than to perform costly repairs when the problems become more severe. For wet ponds, bathymetric studies should be performed periodically to document the current storage volume of the facilities and the extent of sedimentation. And more comprehensive monitoring and maintenance activities, such as water quality testing, nuisance vegetation and algae management, aeration, biological water quality augmentation, and nutrient remediation may be appropriate for many ponds depending on the goals and budget of the HOA. Each facility is unique, and a stormwater maintenance professional can help you develop a specific plan for your community.

MAY 2018

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By Stuart T. Eisen, AWM, CFP Stuart has been with RBC Wealth Management for 12 years and is a holder of the Certified Financial Planner (CFP)® certification. He has been a member of CAI for over 15 years and is one of the Educated Business Partners. Stuart is also a holder of the Accredited Investment Fiduciary (AIF)® designation.

WHAT TO EXPECT WHEN SITTING DOWN WITH YOUR

FINANCIAL ADVISOR And What Questions to Ask

L

et’s step back and go over the two ways you can invest reserves. The first is having your treasurer and finance committee invest each rung of the ladder in Certificates of Deposit (CD) that you decide on. Nice and simple, NOT! It means every time a board member leaves, someone has to go to the bank, get new signature cards back and have them signed. It also means each CD will have its own statement and 1099. When the CD rolls over, someone will have to go and open a new one, with new signature cards.

The other way is to work with a financial advisor who will open a master account for you. As the CD is in a master account, there is only one signature card, one 1099 and one statement. When a board mem-

30 | QUORUM

ber leaves, all it takes is a call, and a single form will be faxed over to be signed.

Now to the main questions, you should ask, do you work on a fee basis or transaction?

If you are paying them a fee, remember that comes out of your earnings. Transactional sounds more expensive but may not be as the banks pay the advisor for placing the funds with them. In other words, almost, no cost to you.

You should expect the advisor to tell you their background, how long they have worked with associations and how many associations they manage. Are they members of CAI, and are they an Educated Business Partner?

You should expect them to ask to see a copy

of your bylaws and covenants, your reserve study and your current investments. The bylaws and covenants will tell them what they can invest in. Most association documents will be pretty plain vanilla, FDIC insured or backed by the full faith and credit of the United States government. BUT you would rather know ahead of time then have a surprise! You should expect an advisor to notify you when CD’s mature and advise where to place in the ladder and move onward.

The reserve study will tell the advisor when you are going to need the funds. This is very important in that if you need funds in six months, you do not want to invest in a threeyear investment!! But if you are not going to need the funds for three years, you can invest longer to get a better return.

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REMEMBER, reserve funds are not to help lower your yearly fees; they should be laddered, so they are matched to reserve expenditures in the future.

The above “expectations” may be more useful as a checklist to consider for services you receive from an advisor rather than what you can expect from every advisor. Seek an advisor with experience in the association world, one who considers your association documents when developing an investment strategy, and who will provide you with ongoing service/advice is key to the association’s reserve management.

RBC Wealth Management does not provide

Keep Current on Legal News and Trends!

schildlaw.com

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

tax or legal advice. All decisions regarding the tax or legal implications of your investments should be made in connection with your independent tax or legal advisor. RBC Wealth Management, a division of RBC Capital Markets, LLC, Member NYSE/FINRA/SIPC.

law@schildlaw.com

Non-deposit investment products offered through RBC Wealth Management are not FDIC insured, are not a deposit or other obligation of, or guaranteed by, a bank, and are subject to investment risks, including possible loss of the principal amount invested.

MAY 2018

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By Kristine Caraway, CMCA, AMS, PCAM Kristine is a portfolio manager at National Realty Partners, LLC, AAMC. She has worked in the Common Interest Management industry for over 15 years managing a variety of communities. She is involved with CAI and has been an advocate for many local communities in the area.

WHY SHOULD YOU LISTEN TO YOUR

Community Manager

T

hat is a great question and is probably asked by many in the community association industry. From a manager’s perspective, we have educated and trained on how to properly manage a community.

As far as being experts; we become experts through experiences, knowledge and obtaining certifications that require ongoing industry education. I have always considered managers being “A jack of all trades and a master of none” or “chief cook and bottle

washer.” In other words, there is much a manager has to know about and who to go to for help, an expert at attaining experts.

Being a community association manager means you have to know the basics of all things involved in maintaining and upkeeping an association. You have to be familiar with landscaping, plumbing, elevators, asphalt, insurance, financials, and trash just to name a few. A community

The Falcon Group Engineers, Architects and Reserve Specialists

manager needs to be willing to go on a forty-foot roof to do an inspection, provide a comprehensive financial report, walking through the mud on a landscape walk, and even step into crawl spaces of buildings.

There is no other industry like ours where you are expected to have a wealth of knowledge in all trades to manage one community. There is so much effort that goes into managing a community and knowing who to call for what and when. For this very

ARCHITECTURE & ENGINEERING SERVICES CAPITAL RESERVE STUDIES & TRANSITION REPORTS

WASHINGTON D.C. METRO 7361 Calhoun Place, Suite 325 Rockville, MD 20855 info@falconengineering.com www.falconengineering.com (240) 328-1095

ENERGY CONSULTING

CONSTRUCTION DEFECT EXPERTS LITIGATION EXPERTS FORENSIC ENGINEERING

32 | QUORUM

reason managers are educated through certifications on how to be experts in handling issues and business for their associations.

The community association management company and ultimately the person that is your community manager is your “go to person” for all issues, daily upkeep, and everyday business.

The manager should have the breadth and depth of experienced knowledge to assist the board and the community for any situation.

The manager will have the connections to be able to resolve the issue that may arise and become an advocate on the association’s behalf.

What is meant by that? It means the manager has usually had the experience before, has the resources to resolve an issue or knows an industry professional to help resolve the issue. For example, legal counsel, contractors, auditors, analyst, engineers, etc.

As all input is valuable from the board and the association, it is generally not needed to “re-create” the wheel in most circumstances.

Not implying that one situation fits all, but a modified version may work in any given circumstance. Therefore, the manager becomes the expert having experienced and background education of how to deal with the situations and association business.

Serving on the board of directors is a time-consuming volunteer position and always takes dedication. It should be a great and rewarding experience. By listening to your manager, it should make this process easier, more enjoyable and less frustrating. Managers are there to be a team player and effectively work with the board to achieve the common goal.

Managers are your first line of defense and to be used as a resource to resolve issues, maintain your community and protect your property value. The key is for board and manager to have a strong working relationship, then together they will be able to accomplish everything needed to have a well-established beautiful community.

How will you fund your next association project?

Get custom financing that’s perfect for your budget and your association. No deposit relationship required.

Let us find the financing that’s right for you.

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Noni Roan, CMCA Vice President 301-639-5503 866-800-4656 ext.7479 noni.roan@mutualofomahabank.com

mutualofomahabank.com 171258

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Equal Housing Lender

MAY 2018

| 33

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

W O R K I N G

W I T H

LEGAL COUNSEL O

r, said another way, a good lawyer—a good attorney—a good legal counsel—answers questions plainly and directly and advocates passionately for the client with the single-minded goal of producing a viable solution, an acceptable result.

The relationship between attorney and client is a special relationship that must be carefully guarded and nurtured. The attorney – client relationship is a relationship based on trust and confidence.

TRUST - The client must trust legal counsel to have the client’s best interests as a priority at all times. Legal counsel must trust the client to provide complete and thoughtful information on which advice can be based.

CONFIDENCE - Because the client must rely upon advice given by legal counsel, the client must know and be assured that the advice given is solid, based on knowledge of the law and experience. The client must know that confidences will not be breached but honored and respected by legal counsel.

Without well-founded, mutual respect, trust and confidence cannot grow, develop and flourish.

The Client Often misunderstood is the question 34 | QUORUM

Who is the client? This is fundamental to the relationship—the client must be clearly identified. The client is most often and typically—the association. If the client is the association—the client is not—the board, the management agent or members of the association. The client is the legal entity that is the association – whether incorporated (most, if not all property owners associations and some condominium, and real estate cooperatives (unit owners associations) or unincorporated (most condominium unit owners associations).

There are undoubtedly instances when the board has legal counsel, management has legal counsel, and individual owners have legal counsel. But in routine circumstances, the client is the association. Legal counsel communicates with the association through the board of directors—often a designated liaison—and management agent to control cost and ensure consistent and accurate communication of information to and from legal counsel.

Legal Counsel The community association bar that serves the Washington Metropolitan region is experienced and competent. The lawyers who work with community associations are well schooled in the narrow areas of the law that are the legal foundation of community associations.

The first generation of community association lawyers came from a variety of backgrounds in the law—litigation, real estate, administrative law, business. More recently, community association practitioners have started their practices with a focus on representing community associations, developing knowledge and experience in the many other areas of the law that impact community associations—fair housing, employment and zoning—to name a few.

Community association lawyers, like all lawyers, are held to high ethical standards.

In addition to knowing the law (or knowing what you do not know)—or being competent to research and apply the law—a lawyer must always conduct himself or herself in an ethical manner. The ethical standards that are the guideposts for all lawyers, while somewhat arcane, establish a high bar for lawyer conduct.

Ethical standards are based in great measure on a client centric philosophy with the unwaivable goal of putting the client first, protecting the client. The attorney client relationship is at client direction—the client, in most instances, decides whether to engage or terminate the relationship. Files maintained by a lawyer are the client’s files, returned to the client at the end of the relationship. Client confidences are to be carefully and without qualification, guarded and protected.

“THE GOOD LAWYER IS NOT THE MAN WHO HAS AN EYE TO EVERY SIDE AND ANGLE OF CONTINGENCY, AND QUALIFIES ALL HIS QUALIFICATIONS, BUT WHO THROWS HIMSELF ON YOUR PART SO HEARTILY, THAT HE CAN GET YOU OUT OF A SCRAPE.” - RALPH WALDO EMERSON

The Law The community association practice was once a largely statutory construction practice focused on interpretation of statutes and documents that govern community associations. But, in addition to broadening legal expertise, the community association lawyer now must look to a growing body (slow growing) of case law that has not always produced consistent guidance or followed long held views of seasoned community association lawyers. And with added regulation, decisions of applicable regulatory agencies must be considered.

The community association practice can rightfully be described as the last bastion of the general practice of law. The practice requires a broad cross section of legal skills coupled with strong counseling, people and political skills. This knowledge and experience is readily available to community associations.

The old adage—Bad facts make bad law— applies, too. Community associations must be circumspect about engaging in litigation, not just to be mindful stewards of association resources but also out of a concern for consistency and precedence. Community associations should work to resolve controversies when possible—because judicial outcomes are never certain. Community associations are not favored by the courts or the courts of public opinion. Restrictive covenants, often central to cases pursued by community associations, are not favored as a matter of public policy. As a result, courts narrowly construe restrictive covenants.

Delivery of Services and Client Expectations Lawyers work best when given complete information and direction on intended outcome. Lawyers have to peel back the onion on an issue, digging deep to understand all aspects of the questions asked—by developing and confirming facts and then applying

the governing documents or condominium instruments and relevant law—both statutory and case law. A seemingly insignificant factual nuance can result in a different conclusion.

Changing technology has had its impact on the practice of law. Lawyers are challenged to meet client expectations. The immediate expectation is delivery of a response with little lead time—thanks to the powerful tools of email and cell phones—clients expect and require immediate access, immediate response. The immediacy can create insurmountable challenges because thorough legal analysis cannot always be produced immediately. Research, thoughtful consideration and cogently presented findings and recommendations are essential to giving the client tools necessary to the solution. The goal should always be delivering solution-oriented advice. Lawyers clean up messes—and messes are not always easily cleaned up.

ASSOCIATION REQUEST • Request from Manager or designated Board Member • Written Request (Preferred) • Facts – Detailed with chronology, relevant background information • Supporting documentation • Relevant Document Provisions, including applicable Resolution • Board Goals and Objectives • Timeline for Response • Preferred Format for Response • Budget Limitations ATTORNEY RESPONSE • Confirm Underlying Question Presented • Verify, Confirm and Develop Facts and Background • Check Prior Opinions and Advice

The attorney client relationship is a partnership built on trust and confidence.

Because of the multi-faceted attorney client relationship and the growing complexity of the law, it is critical for lawyer and client to have an understanding about how, and when services will be delivered. Untimely delivered and error ridden work product diminishes trust and confidence, damaging and perhaps destroying the relationship.

• Check Authority

While expectations should be set at the outset of the relationship, like any relationship, the attorney client relationship is dynamic and changes over time—based on leadership, circumstances and current issues and concerns. For these reasons, and others, the relationship should be discussed and adjusted— at least annually to ensure a long (and that is a good thing) and healthy relationship.

• Telephone

- - - - - - -

Relevant Statute Document Provisions Board Resolution Case Law Local Ordinance Attorney General Opinions Other Authorities

FORM OF RESPONSE

• Email • Written Correspondence • Oral Presentation - Meeting Attendance

MAY 2018

| 35

Directory and Classifieds AMUSEMENT & PARTY RENTALS

JANITORIAL

MANAGEMENT SERVICES (CONT’D)

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

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

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

ASPHALT PAVING/MAINTENANCE/REPAIR

LAKE AND POND MANAGEMENT

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

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

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

Becht Engineering BT, Inc. 10717 Birmingham Way www.bechtbt.com Woodstock, MD 21163 T: (410) 461-3904 Bill Hasselman info@bechtbt.com ETC Engineering and Technical Consultants Inc. Water intrusion, roofing, exteriors, windows, balconies, property studies, structural & architectural services www.etc-web.com T: (703) 450-6220 Mindy Maronic mindy@etc-web.com The Falcon Group 7361 Calhoun Place, Suite 325 www.falconengineering.com Rockville, MD 20855 T: (240) 328-1095 Stew Willis info@falconengineering.com

36 | QUORUM

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

Associa Community Management Corporation, AAMC 4840 Westfields Blvd, Suite 300 T: (703) 631-7200 Chantilly, VA 20151 www.cmc-management.com John Tsitos, cmca, ams, pcam jtsitos@cmc-management.com Barkan Management Company, Inc 8229 Boon Blvd., Suite 760 T: (703) 388-1005 Tyson Corner, VA 22182 F: (703) 388-1006 Michael Feltenberger, cmca, ams, pcam Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 T: (703) 934-5200 Fairfax, VA 22033 F: (703) 934-8808 L. Peyton Harris Jr., cmca, cpm lph@capitolmanagementcorp.net Cardinal Management Group 4330 Prince William Parkway, Suite 201 T: (703) 569-5797 Woodbridge, VA 22192 cardinal@cardinalmanagementgroup.com Thomas A. Mazzei, cmca, ams, pcam cardinalmanagementgroup.com CFM Management Services, AAMC 5250 Cherokee Ave, Suite 100 T: (703) 941-0818 Alexandria, VA 22314 F: (703) 941-0816 Christiaan Melson, ams, pcam c­­­­­­­­melson@cfmanagement.com CAMP (Community Association Management Professionals) 1921 Gallows Rd., Suite 320 T: (703) 821-CAMP (2267)Tysons Corner, VA 22182 Heathergraham@gocampmgmt.com Susanblackburn@gocampmgmt.com 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 Sentry Management www.sentrymgt.com 4401 Ford Avenue, Suite 1150 T: (703) 642-3246 Alexandria, VA 22302 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20175 Dave Ciccarelli, ams, pcam dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle www.sequoiamanagement.com Chantilly, VA 20151-2283 T: (703) 803-9641 Craig Courtney, pcam ccourtney@sequoiamgmt.com SIGMA Real Estate Services 8911 60th Avenue T: (301) 513-9300 College Park, MD 20740 www.sigmares.com Constantin Anagnostopoulos, President info@sigmares.com Zalco Realty Inc., AAMC, AMO 8701 Georgia Ave., Ste. 300 Silver Spring, MD 20910 Arthur Dubin,cmca, pcam, cpm

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

PAINTING SERVICES AND RETAILERS

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

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

­­INDEX TO ADVERTISERS A Associa-Community Management Corporation, AAMC......................................................................9 B Barkan Management, LLC, AAMC..................................................................................................39 Becht Engineering BT, Inc..............................................................................................................24 C Capital Painting Co.........................................................................................................................33 Clean Advantage Corporation..........................................................................................................40 Cowie & Mott. P.A...........................................................................................................................15 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

D DoodyCalls.....................................................................................................................................21 F

RESERVE STUDIES

Fantasy World, Inc. dba Fantasy World Entertainment.....................................................................23

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

FirstService Residential, AAMC.........................................................................................................2

RESTORATION SERVICES

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

M Mutual of Omaha Bank—Community Association Banking & CondoCerts.......................................33 P Ploutis Painting & Contracting Co., Inc..............................................................................................2 R

WINDOWS & DOORS

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

Reserve Advisors, Inc.....................................................................................................................15 Reston Painting Company..............................................................................................................28 S SageWater........................................................................................................................................4 Sentry Management, Inc.................................................................................................................21 SIGMA Real Estate Services..............................................................................................................7 SOLitude Lake Management...........................................................................................................28 T The Falcon Group...........................................................................................................................32 Thomas Schild Law Group, LLC......................................................................................................31 Titan Restoration Company.............................................................................................................16 W Windows Plus, LLC & Allied The Window Center, LLC......................................................................22 Z Zalco Realty, Inc., AAMC................................................................................................................13

MAY 2018

| 37

CUL-DE-SAC

By Todd El-Taher Todd joined Hann & Hann in January of 2006 and since his hiring has worked in a number of capacities. He started here to help launch Kitchen & Bathroom division then moved to being a commercial account executive two years later.

In 2011 he was named director of business development and was promoted to vice president of sales & marketing in January of 2017. His first paid construction work dates back to summer of 1987, painting the historic Antrim Mansion in Taneytown MD.

WHEN YOU DIDN’T

CALL AN EXPERT

I

f fate were a just maiden we would be the sole beneficiaries of every lapse in judgment, mistake, goof, and act of ignorance we ever committed either by commission or omission. Moreover, if we decide to be honest with ourselves, as a collective, both on the management and service provider side, we work in an industry that in part inherited, and possesses within its own right, its own fair share of incompetence. There’s so much of it that we have forensic engineers to provide a determination of cause and remedy as well as financial products like developer surety bonds to guard against warranty claims. Last year CAI National released a report highlighting the frequency of defects and their respective causes. The truth is that we, as leaders in our industry, have an ethical responsibility to be good stewards of the properties we manage and work on, which is a cause that we are often times accused of shirking. Sometimes we’re squarely to blame, other times it’s not our fault at all. While names and locations are changed to protect the innocent, these are their stories:

Cognitive dissonance We are a culture that brags how much we bought our home for but then pride ourselves on the ability to get something done cheaply on it. Meet the Johnson’s. They bought a penthouse condo in Arlington with amazing panoramic views. They wanted to remodel their unit and enclose a roof drain pipe in a bulkhead next to their kitchen.

Rather than hiring an architect and a professional contractor, the Johnson’s opted for 38 | QUORUM

that low-bid, unqualified, unlicensed kind of guy to work on their dream home. Their contractor tied framing to the roof drain, using electrical wiring, suspending the weight of the ceiling to the drainpipe itself. That roof drain services 4,000SF of roof. What could go wrong?

The laws of unintended consequences Sometimes the problems aren’t unique to a specific unit, but rather indicative of a systemic failure. I cannot blame a single family on this, as the problem is pervasive in the building and the condominium built in 1965 didn’t have written into the by-laws a preventative mechanism for what wasn’t understood to be a problem, just yet. Sleeve unit air conditioners were a popular mechanism for providing comfort without obstructing the view from a window. They have a metal chassis that fits through the wall that provides supp or t for the internal components

which slide right inside of it, and each one is unique unto itself. Just like most things over time, the size changes so when the original air conditioning unit fails it’s likely obsolete, inefficient or more expensive to repair rather than replace. Meet A/C Turducken; the mechanical equivalent of Russian nesting dolls. A/C Turducken takes place when you have successive replacements units and stick an LG inside a Kenmore inside a Carrier.

What’s wrong with that you ask? Great question! The condensation drains in successive units have no guarantee of draining in the correct place as the drains themselves may be obstructed by the chassis of an obsolete unit as can be seen here. Now you have the condensation dripping down the face as seen in the photo and within the building itself.

Got mold?

Measure once, cut again We all love outdoor lighting, but it’s not worth dying over. One of the key benefits of hiring a design professional is letting them assume liability. If you hang the outcome on a design professional’s neck, it is their sole responsibility for function, form and regulatory compliance. In every circumstance, the design fees associated with a project are always less money than the liability of personal injury. Often times we’re pressured by homeowners, board members, supervisors, and managers to get things done as cheaply as possible. Injury for negligence is expensive and bad work that has to be redone is more expensive in the long run. Let’s agree, as a community, to not skip the necessary first step of consulting with a professional up front so we can ensure the results of the outcome.

Regis

ter no

only w for

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MAY 2018

| 39

CHAPTER BENEFACTORS

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.

Annual Janitorial Agreements Temporary Staffing Solid Waste and Recycling Services Garage Clean Up • Pressure Washing • Bulk Trash Removal Storage Room Cleaning • Stripping and Waxing Floors Trash Chute Cleaning • Graffiti Removal Carpet Cleaning • Roll off Services Hoarder Unit Clean out Construction Clean up Fire Watch Services

Serving MD, DC and VA T: (800) 315-3264 F: (301) 595-3331 www.cleanadv.com info@cleanadv.com