Quorum — October 2017

Washington Metropolitan Chapter Community Associations Institute

OCTOBER 2017

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

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OCTOBER 2017

­CONTENTS 12 Okay If I Park Here?

BY SUZANNE WHITE, CMCA, AMS

14 Do You Need to Park Your Parking Privileges?

BY BRUCE EASMUNT, ESQ.

BY NICOLE WILLIAMS, ESQ.

16 Parking and Fair Housing Laws

BY MARLA DIAZ, ESQ.

18 Crime Prevention by Design: Parking Area Safety Tips

BY KARA PERMISOHN

20 The Case for Towing 2017

DEPARTMENTS AND MORE 5 Message from the Executive Director 6 Chapter Benefactor: Griffin Owens Insurance Group 6 Quorum Magazine Editorial Calendar 7 Welcome New Members 8 Upcoming Events 10 People & Places 17 Event Flyer: Annual Awards Dinner Throughout The Decades 25 Event Flyer: Mixed Roundtable 32 Classifieds 33 Index to Advertisers 34 Cul-de-sac: If You (The Association) Build It, He (Electric Vehicles) Will Come

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

BY CRISHANA L. LORITSCH, CMCA, AMS, PCAM

22 Parking Space Assignments and Reassignments in D.C., Maryland, and Virginia

BY WINTA MENGISTEAB, ESQ.

BY MARY N. “MOLLY” PEACOCK, ESQ.

24 Asphalt 101

BY KIM VIERS UFFNER

26 What Statement Does Your Garage Make?

BY CHRISTOPHER W. CARLSON, P.E., SECB

28 Motivate Compliance by Suspending Use of Facilities

BY DEBORAH CARTER, CMCA, AMS, PCAM

30 Covenant Controlled Parking

BY TIAGO D. BEZERRA ESQ.

BY WILLIAM A. MARR, JR. ESQ.

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

We also wel­come ar­ti­cle sub­mis­sions from our ­members. For author guide­lines, call (703) 750-3644 or e-mail publications@caidc.org.

Articles may be edited for length and clarity.

OCTOBER 2017

|3

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S E R V I N G WA S H I N G T O N D C, M A R Y L A N D, V I R G I N I A A N D N E W E N G L A N D

People you can count on. Experience you can rely on.

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

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

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

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

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

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

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

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

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

LIFE IS FULL OF DISTRACTIONS Our phones, laptops, and tablets disrupt our days with every email or text that comes through. Professional and personal commitments fill our calendars, not just during the work week but weekends too. Many of these commitments are required— you can’t skip those client meetings. The disruption and distractions of our lives sometimes prevent us from achieving our own goals.

As Will Rogers said, “The road to success is dotted with many tempting parking spaces.” How true that is. Personal confession: I am guilty of always having my phone in hand. Those of you who know me will agree I am sure—my phone and I are inseparable! That phone contains my emails, my contacts, and my multiple calendars to keep work and family schedules in order. It provides me a connection to everyone and everything at every moment regardless of where I am. The disruption of instant electronic connection distracts me from my goal of personal connection. The phone is a tempting parking space that I find myself in, often necessarily but sometimes because of my own habits.

FROM THE EXECUTIVE DIRECTOR

O FFICE R S

The past months have provided me with opportunities to disconnect a bit.

In August, I headed to Hot Springs, VA to participate in the Virginia Leadership Retreat. I packed my phones, my laptop, and my iPad. However, instead of connecting with members via email or on a scheduled conference call, I sat in the hotel’s front lobby, enjoyed the front porch rocking chairs and took in the views around the property. Business was done, but mostly, I learned more about our members than I ever would over an email or text.

The same is true for the Chapter Executive Directors Retreat I attended in September. CEDs from CAI Chapters around the world gathered to share ideas, experiences, and best practices. I learned so much from seasoned CEDs sitting at the table, and I was able to share new things with them from my perspective as one of the newest CED in the room.

Volunteering in your industry is one parking space worth the temptation and distraction. Adding a WMCCAI committee meeting to your schedule or register to attend a networking event; bring a coworker or a board member to an education session—disrupt your calendar to give back to the CA industry. You invest 40+ hours each week to your clients—adding a few hours a month to your own industry will benefit you, your clients, and the industry for years to come.

Consider adding WMCCAI volunteering to your must do calendar—it is a distraction worth the disruption.

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

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

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

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

OCTOBER 2017

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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 Contact: Ron Unger and/or Orlando Ramirez Address: 847 Station St Herndon, VA 20170 Telephone: 703-471-0050 Fax: 703-471-0418 E-mail: ron@griffinowens.com / 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.

QUORUM MAGAZINE EDITORIAL CALENDAR

Month Theme November Home for the Holiday December Making Connections January Books & Records February Collections

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*Themes subject to change.

Article/Submissions Ads Due Due September 1 September 17 October 1 October 17 November 1 November 17 December 1 December 17

WMCCAI proudly welcomes the following members who joined the chapter in August 2017.

Community Association Volunteer Leaders from the Following Associations Midtown Alexandria Station River Oaks Community Association Shipley’s Grant Homeowners Association Individual Managers Thelma Abdullah, AMS Ana Bonilla, Watergate at Landmark Amber S. Bricker, Sequoia Management Company, Inc., AAMC Astria L. Contee, MD Derrick Crawford, CMCA, AMS, Town Square Towers Condominium Association John Elkins, Hawthorn Condominium Andres Fernando Mejia, SIGMA Real Estate Services Marvin F. Mitchell, Jr., Van Ness East Condo

M E M B E R S H I P

Audrey J. Monroe, CMCA, PROCAM, LLC Wilbert H. Norton, IV Kierra Reynolds Andrew Salas, EJF Real Estate Services, Inc. Reena Vohra, Americana Centre Condominium, Inc. Phillip Webber, CMCA, FirstService Residential, AAMC

CHAPTER NEWS

Welcome New Members

Business Partner Abbey Commercial Flooring Multi-Chapter Business Partner Specialized Pipe Technologies

R E C R U I T M E N T

C O N T E S T

Win A Trip to the Homestead 5th Annual Recruitment Content For every new member that signs up for a one year membership with WMCCAI—you get one entry in a drawing for a trip to the Omni Homestead Resort.

Step 1. – Go to caionline.org and click ‘Join Now’ Step 2. – Select your member level and fill out the form; Don’t forget to add your referral name!

Contest runs from September 1, 2017 through March 31, 2018.

1st prize is One-Night Stay for Two(mid-week) at the Omni Homestead Resort! Breakfast for two included. Winner will also receive a $300 Visa gift card.

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OCTOBER 2017

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UPCOMING EVENTS

OCTOBER 7

Evening on the Ice: Capitals vs. Canadiens Game starts at 7 p.m.

Capital One Arena (Lexus Level Suites) 601 F Street, N.W. Washington, D.C. 20004

Visit www.caidc.org for pricing and registration details.

Slap shots, power plays, and maybe even a hat trick await you at this fall hock­ey event. WMCCAI has premium suites reserved for the SEASON OPENER, Saturday October 7 at Capital One Arena (formally the Verizon Center). Secure your tickets now ---registration fee gets you a ticket to our private suites and all you can eat and drink! Rock your red and the attendee with the most spirit wins a prize from WMCCAI!

OCTOBER 12

Manager Luncheon: Developing a Preventative Maintenance Inspection of Aging Property Infrastructure 12 – 3 p.m.

Park Place Condominium 2500 Van Dorn Street, Alexandria, VA 22302

Join us for lunch and networking. Aging property infrastructure can be a burden if you do not have a preventative maintenance plan. Join our experts as they take you through a property tour to and teach you how to identify signs of major equipment maintenance problems and aging building infrastructure issues. This session is worth three (3) credit hours.

Visit www.caidc.org for pricing and registration details.

OCTOBER 25

Mixed Roundtable: 12 – 3 p.m.

Maggiano’s 5333 Wisconsin Ave NW, Washington, D.C. 20015

Come learn, lunch, and network with industry professionals who want to share their experiences with you. Lunch will be provided. This session will be worth (3) credit hours. Onsite parking available.

Visit www.caidc.org for pricing and registration details.

NOVEMBER 4

Annual Awards Dinner: Throughout the Decades 5 – 11 p.m.

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

Early Bird After October 20 Member $200 $250 Nonmember $250 $300

Take a trip back with us through the decades. Relive the 70s, 80s, 90s or 2000s while we continue the celebration of our chapter’s 40th Anniversary and honor our hard-working volunteers. The food and décor will celebrate the decades, and we encourage our guests to celebrate their favorite as well. Were you a disco queen? Perhaps a David Bowie fan? Loved Flock of Seagulls? Or maybe you still enjoy a good Nirvana jam? Whatever your musical interest or favorite fashion era, come celebrate throughout the decades with us! Attire: Black Tie optional or in theme.

NOVEMBER 16

Manager Breakfast and Business Showcase: The New Face of Community Management 9 a.m. – 12 p.m.

Visit www.caidc.org for location and registration details.

Early Bird After November 2 Homeowner Member $50 $65 Nonmember $60 $75 Manager Member $60 $75 Nonmember $70 $85

What does it mean to attract millennial managers and staff? What impact will it have on your organization? How do you balance expectations for work-life balance in a 24/7 field when priorities are different for senior managers and new team members?

Join Chelsey Kelly, CMCA, Director, Association Management and owner of Roost D.C. and Emily Servais Assistant Director of Building Management at Roost D.C. as they take you through the in’s and out’s of recruiting and managing millennial staff. The seminar with be preceded by breakfast and a business showcase. This session is worth (3) three credit hours.

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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OCTOBER 2017

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PEOPLE & PLACES

FirstService Residential Promotes Bernie Guthrie to Regional Director Bernie Guthrie was promoted to regional director for the Fredericksburg Division of FirstService Residential. Ms. Guthrie joined the FirstService Residential D.C. Metro team in February 2017, after working for another national firm for over 14 years, bringing with her a wealth of leadership, industry knowledge, and expertise.

Windows Plus, LLC & Allied The Window Center, LLC, Now Located Under One Roof Reg Wayland and Tom Camarca announce that their company, Windows Plus, LLC recently acquired Allied The Window Center, LLC. Shortly after buying the business, Reg and Tom decided to buy the building located at 4321 Markham Street, Annandale, VA. The Allied building is a cornerstone of Annandale and its company sign is a true landmark in this area.

59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2018, Two Named as “Lawyer of the Year” 59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018. The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice. They are: • •

Albert J. Matricciani – 2018 Baltimore Mediation Law “Lawyer of the Year.”

Gregory M. Stone – 2018 Baltimore Intellectual Property Law “Lawyer of the Year.”

To see a list of the individual lawyers listed in “Best Lawyers” and their areas of recognition visit: http://bestlawfirms.usnews.com/profile/whiteford-taylor-preston-llp/ listed-lawyers/2700 10 | Quorum­

Tidewater Property Management Receives Green Howard Business Certificate Tidewater Property Management, Inc. has been recognized by the Howard County Department of Works for their recycling efforts to the county. Tidewater Property Management joins 174 other Howard County businesses being recognized this year for their recycling effort in 2016.

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By Suzanne White, CMCA, AMS Suzanne has been the general manager of the Gates of McLean Condominium in Tysons, Virginia for over ten years. She has been issuing parking violations warnings and towing cars for over twenty years as an onsite manager of various HOAs and condominiums in the Northern Virginia area.

OKAY IF I PARK HERE ?

I

t’s a question that needs an accurate answer, and the answer will depend on any number of circumstances, especially when asked within the context of community and condominium environments. Answers will vary, depending on who you ask: board members, managers, homeowners, tenants, guests, or attorneys. Not knowing the right answers can have disastrous consequences from frustrated boards and owners, frazzled managers, and not to mention the towed cars and the threat of lawsuits. It’s an issue that figures prominently in every association and one that tends to evolve. There is no one-size-fits-all solution to developing a fair and equitable policy for the allocation and use of a much in demand yet limited resource: parking spaces. It’s complicated and complex, with a significant impact on associations, boards, managers and every single resident who drives a car.

And the problem is not going away anytime soon. Americans love their cars. Those cars, similar to pets, are often treated as pampered members of the family, ensconced in attached garages that adjoin the living space set aside for humans. Americans often feel that everyone is entitled to a vehicle—and, in fact, vehicles are outnumbering drivers.

Statistics from the Federal Highway Administration indicate that in the past 25 or 30 years, the number of motor vehicle registrations has outpaced the number of licensed drivers. Given those statistics, it’s noteworthy that in most of the common interest communities, residents are restricted to one or two designated or deeded parking spaces per unit, with a sprinkling of spaces for visitors tucked into far-flung corners of the

12 | Quorum­

common property. Even more discouraging is that a community with that type of parking arrangement is a best-case scenario, usually occurring in suburban and rural areas where projects were constructed on spacious tracts of land. For big-city condominium owners, parking is even more of a challenge because city ordinances often dictate street parking. For the lucky residents in larger or newer urban buildings, garage spaces may be deeded along with a unit, or—in a less attractive and more expensive option—available for sale as a separate piece of property.

So, where does one look for the answers?

In this issue of Quorum, we will explore several facets of the parking conundrum: the source(s) of the problem, the development of common area parking rules and regulations, enforcement of those policies, fair housing accommodations, as well as the construction and maintenance of common parking areas and garages. Any discussion on parking will need to consider the governing documents as they relate to parking, and potential remedies that are available when parking restrictions or rules are violated, as well as potential exceptions to their enforcement. But, every community is different and therefore can usually be counted on to take a unique approach in dealing with parking problems. That individualized approach starts with a community’s governing documents, which spell out parking privileges for owners. Governing documents can vary considerably from one

association to another but should be drafted to define the common areas/elements and limited common areas/elements, as well as what common elements, may be converted into limited common elements. Also addressed is whether and how common areas/ elements may be designated for the use of certain owners, which will factor into any parking space rental program a board may consider in an attempt to meet a chronic parking shortage in their community. Case law on parking (and it is considerable) tells us that rules and regulations cannot be adopted pursuant to powers granted to the board in the bylaws if the rule or regulation would have the effect of divesting owners of rights in the common or limited common areas and elements provided in the declaration. Just because a policy seems fair to a board or association doesn’t necessarily mean that it is fair or legal. When in doubt, seek legal advice.

Disputes over parking may crop up because many association documents are mute on the subject of parking. Unless the documents provide specific authorization, an association has no right to convert common elements to limited common elements or to assign rights to use common areas/elements unequally among owners. And without specific rules in hand to govern parking, a community has no guidelines to resolve a conflict. Help for associations that are grappling with parking complaints can come from a well—crafted set of rules and regulations. Although the board exercises control and authority over the limited common elements, the unit owner of a limited common element is entitled to the exclusive use and enjoyment of the parking space. Still subject to the board’s control is the owner’s proper use of the limited common element. There can be no conflict between the declaration requirements and the rules and regulations applicable to the limited common element.

The goal for any board or manager in developing an effective parking program is avoiding tension and complaints. The first step is to assess a community’s limitations and on that basis provide for fair and reasonable reg-

ulation of parking spaces. Workable options may include not only a policy of permits for residents and guests but also an added penalty of random towing to deal with infractions.

The penalty may sound harsh, but It is next to impossible to enforce these procedures without towing. With a predictable penalty in place for transgressors, the problems stop.

Stricter policies, such as requiring stickers for every vehicle parked on the property, may offer the most equitable solutions—as long as all owners are informed about the details of those policies.

The enforcement of parking restrictions is one of the most common problems that associations and property managers face.

Parking spaces are often at a premium in densely packed urban areas, and issues arise when owners, tenants, and guests fail to adhere to the established parking policy. In contrast, suburban site associations with single family homes often deal with issues related to parking boats, commercial vehicles or inoperable vehicles in driveways or on a common area street. Given the vast array of potential parking problems, associations and managers need to be prepared to appropriately handle violations of parking restrictions. Another source of parking contention in condominiums stems from the ban some communities place on commercial vehicles.

That problem has its roots in the fact that the community may not have clearly defined what the word commercial means. Any vehicle can have a commercial registration plate.

So how did this persistent and pervasive parking shortage come to be? It may be tempting to blame developers and builders for the lack of vehicle space. It certainly costs less for them to construct roadways and parking at bare minimum sizes. As a result of the scarcity, the ensuing parking infractions may seem pervasive to property managers, since they are the first in line for the complaints. But, to be fair, the situation may not be entirely the fault of the developer. Even in new developments, if zoning or

local regulations specify one or two parking spaces per unit, the builder will typically meet that standard. To solve the problem of limited parking space, suburban communities—which have more space and, therefore, more flexibility than their city cousins— might consider repurposing outdoor common areas into parking. Given that it seems to be an easy solution, it’s somewhat surprising that the approach has not proved more popular. Also problematic is that while residents may ask for more parking, they are not likely to want to change the landscape to get it. Losing green space to pavement is never a popular concept. Associations are often reluctant to install more asphalt. Most owners don’t want an asphalt jungle. But even a less invasive approach to solving a parking problem, such as changing the governing documents to tighten parking regulations, can also ruffle some residents, particularly if it changes the tone of the community the owners originally bought into. The process required to make the conversion might be the culprit, as it can include the need for an environmental assessment, the results of which might preclude the creation of more paved surfaces because of state or local regulations concerning wetlands protection and stormwater management.

Solving parking problems requires clear communication. And that effort isn’t limited to updating governing documents. It’s also an issue in the locations where residents and visitors park. Signs need to be posted letting drivers know if it’s okay to park. Education is critical to the success of at least attempting to communicate as regulations concerning deeded spaces, permits, and towing are considered. When rules are adopted, communication is key, and that communication needs to be sympathetic to the human component of parking problems. Parking can be a very emotional issue. It’s distressing to get home from work at midnight and find someone is parked in your space. Never in a million years did I dream that I would someday have a hand in producing an educational video aptly names Parking Policy Basics to capture the attention of the millennial resident population and at least make them aware of the policy’s existence. Thankfully my mother has yet to discover this little YouTube gem…

Confusion can arise from any number of situations. Consider a condo resident who runs a delivery service with his Honda Civic. Is the Civic a commercial vehicle? What about the plumber who drives a van—which may or may not display lettering? Or how about owners who drive pickup trucks, which in many areas have replaced dad’s Oldsmobile as the vehicle of choice? If a community wants to prohibit certain vehicles, the board should identify its real objection. In many cases, the problem may just come down to size. Commercial vehicles over a certain weight may serve as a better definition.

Problems for residents, whether it’s parking or any other regulation, often arise because owners don’t understand what they bought into. In some communities, residents do make an effort to help each other, but It comes down to what the residents want and balancing the needs of the entire community against the demands of the most vocal complainers.

After all the careful planning that goes into a fair and equitable parking policy for any community, some attention needs to be focused on the physical parking elements. Associations need to ensure that it has the labor resources and funding to properly maintain its parking areas, whether those are surface lots or garages. A regular maintenance program will prolong the useful life of a parking structure or surface lot and reduce the cost of operations if problems are found and addressed early on. Aside from major structural repairs and scheduled replacements or upgrades, most parking area maintenance is not complicated and simply needs to be performed routinely.

Finally, what about safety and security in parking areas? What responsibilities and obligations do associations have? Adequate lighting and signage, for sure. But what about other security measures that might be taken to deter criminal activity? Yet another can of worms to be opened.

As we delve deeper into answering questions on parking, even more are generated. One thing is for sure: Is it okay to park here?” is definitely a loaded question. So, here we go… and, hope that our readers find some help in the answers we attempt to provide.

OCTOBER 2017

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By Bruce Easmunt, ESQ.

By Nicole Williams, ESQ.

Bruce is a senior associate in the law firm of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., and the current Chapter President.

He has authored articles in Quorum, presented at CAI education seminars, and chaired the WMCCAI Outreach Committee. Bruce was awarded the WMCCAI Rising Star in 2011, Committee Chair of the Year in 2012, and Educator of the Year in 2015.

Nicole is an attorney with the law office of Rees Broome, PC, where she represents condominium and homeowner associations located in Maryland, Virginia, and D.C. She was named a Rising Star in 2013 and received the Chapter Appreciation Award in 2015. Nicole currently serves as the Co-chair of the Quorum Editorial Committee.

Do You Need to Park Your Parking Privileges?

P

arking is always a hot button item in common ownership communities.

Everyone wants the ability to park as close to their home as possible.

Therefore, restricting an owner’s use of parking because the owner is in violation of the association’s governing documents or is delinquent in the payment of association assessments is a powerful tool in obtaining compliance or payment from an owner.

Proceed with caution before you decide to suspend an owner’s use of parking within your community.

Most associations have in their declaration or bylaws a provision which delegates to the board of directors the power and duty to collect assessments from owners as well as the power and duty to create and enforce rules and regulations regarding the use, occupancy and maintenance of the common areas or general common elements. Additionally, the governing documents may state that the board of directors has the power to create and enforce rules regarding parking within the association. Therefore, boards over the years have interpreted that these provisions allow them to create rules suspending parking if an owner is delinquent in the payment of assessments or found in violation of the governing documents. These rules created by the board worked to help 14 | Quorum­

cure delinquencies and compel compliance to the association’s documents.

However, over the years the courts in Maryland and Virginia have both stated that an association may only take actions that are specifically allowed in its governing documents.

On June 23, 2017, the Maryland Court of Appeals issued its opinion in Elvaton Towne Condominium Regime II, Inc. v. Rose.

One of the issues brought up on appeal was whether the association had the authority to implement a rule temporarily suspending a delinquent unit owner’s right to use the common element parking lot and pool.

Here the association’s governing documents provided the board the authority to collect assessments, adopt rules and regulations regarding the use of the general common elements, and adopt rules regarding parking within the association. The board adopted a parking policy that stated an owner’s right to use the pool and to park in reserved parking spaces assigned shall be suspended if the owner becomes more than 45 days delinquent in the payment of assessments. The association sent notice to Mr. and Mrs. Rose informing them that if they did not cure their delinquency that their ability to use the pool and assigned reserve parking space will be suspended pursuant to the rule adopted by the board. Sub-

sequently, the association recorded a lien against the unit and filed a lawsuit against the owners for delinquent assessments. The Court of Appeals held that in a condominium each unit owner has a percentage interest in the common element property of the association and that interest is appurtenant to the unit. Therefore, the use of the common element property is not a privilege afforded to the unit owner but a property right by virtue of ownership and therefore cannot be taken away by the board by simply adopting a rule. The court held that to suspend someone’s property right, even if temporary, is a “taking” and must be explicitly stated in the recorded declaration for the association. Because the declaration for Elvaton did not explicitly state that the association can suspend or restrict use of the common elements when an owner becomes delinquent Elvaton did not have the authority to adopt and enforce a rule suspending use of the pool or reserve parking.

Recent case law in Virginia suggests that associations should have clear and express authority to impose parking suspensions in their recorded governing documents prior to doing so. The case of Shadowood v. Fairfax County Redevelopment & Housing Authority narrowly interpreted the extent of an association’s authority to assess violation charges. In that case, the court ruled that the condominium

association’s board of directors did not have the authority, through a board-adopted rule, to assess violation charges against a noncompliant unit owner, as that association did not have express authority to do so in its recorded covenants. For the court, it was insufficient that the condominium association’s board of directors had the authority to generally adopt rules; instead, the determining factor was the fact that the recorded covenants did not give the board the authority to either assess violation charges or adopt specific rules that would give it that authority. As the statutory provision addressing an association’s authority to suspend privileges is the same statutory provision evaluated in this case, it is likely that a court reviewing an association’s actions in suspending parking would follow a similar analysis.

Even if your association’s recorded governing documents provide clear and express authority to suspend parking, be aware that Virginia law requires that certain due process procedures first be followed prior to the suspension of parking privileges. Provided that an association’s governing documents expressly so provide, Section 55-513(B) of the Virginia Property Owners Association Act (or Section 55-79.80:2(A) of the Virginia Condominium Act in the case of a condominium) permits the board of directors to suspend a member’s right to use facilities or services, including utility services, provided directly through the association for nonpayment of assessments which are more than 60 days past due, to the extent that access to the lot through the common areas (or unit through the common elements in the case of a condominium) is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant..”

Section 55-513(C) of the Virginia Property Owners Association Act (or Section 5579.80:2(B) of the Virginia Condominium Act in the case of a condominium) further provides that before such suspension is imposed, “the member shall be given a reasonable opportunity to correct the alleged violation after written notice of the alleged violation to the member… If the violation remains uncorrected, the member shall be given an opportunity to be heard and to be

represented by counsel before the board of directors or other tribunal specified in the documents.”

The District of Columbia has not adopted any such case law or such provisions in the D.C. Condominium Act. Ideally, your governing documents will contain such a provision that will allow for the suspension of parking if an owner becomes delinquent or is found in violation of the governing documents. However, if such a provision is not found in the governing documents, in D.C. the board can adopt a rule to suspend parking if an owner becomes delinquent. Keep in mind though that if you are going to suspend parking in a D.C. condominium for the non-payment of fines that were assessed because of a violation of the governing documents, you want to make sure that the association followed the procedures in Section 42-1903.08(11) of the D.C. Condominium Act prior to assessing the fines. Also, any rule adopted by the board should be disseminated to all of the owners so that they are aware of the new policy. The most recent amendments to the D.C. Condominium

Act added a provision defining a unit owner in “good standing.” The act states, “Unless otherwise defined in the condominium instruments, a unit owner in good standing shall mean a unit owner who is not delinquent for more than 30 days in the amount of any amount owed to the unit owners’ association, or a unit owner who has not been found by the unit owners’ association or its executive board to be in violation of the condominium instruments or the rules of the unit owners’ association.” Therefore, when you are drafting your rules for suspension of parking in D.C. you want to make sure you use the phrase, “owner not in good standing” to define owners who may be subject to such enforcement.

So, do you need to take your parking rules and park them on the curb? Maybe, maybe not. It really depends on the location of your association and the details in your association’s governing documents. Our advice, is to reach out to your attorney to have him or her take a look to make sure your rules will work for your community.

OCTOBER 2017

| 15

undated with multiple requests for assigned accommodation parking spaces.

By Marla Diaz, ESQ. Marla is a partner at Whiteford, Taylor & Preston, LLP. Her practice is focused on the representation of community associations throughout Virginia and general litigation. Ms. Diaz has significant experience representing community associations before various administrative boards, including the Virginia Fair Housing Board and various County Human Rights Commissions.

Parking and

Fair Housing

L AW S A

s greater numbers of people are aging in place, community associations are increasingly dealing with reasonable accommodation requests related to parking.

Disabled residents will ask the board to make an exception to the parking rules or to assign a specific parking space as an accommodation for a disability. Often, resolving such requests becomes complicated as the association tries to balance the needs of disabled owners against the limited parking resources of the community. Every reasonable accommodation request is different and must be analyzed on a case-by-case basis, 1 but there are certain principals of fair housing law that associations can use to guide their responses to requests for parking accommodations.

First, associations should take advantage of the interactive process recommended by fair housing laws to make certain they have all the relevant information needed to properly handle the complaint. With parking accommodation requests, typically the resident has a disability that limits mobility and therefore needs a better parking space. Associations should be mindful that sometimes they will need to ask the resident follow up questions because the need is not immediately obvious. For example, if a blind resident requests a parking space close to the front of the building, it may seem at first blush that this accommodation is not necessary as the

resident cannot drive. Instead of denying the accommodation outright, however, the association should ask the resident for additional information to determine why this accommodation is necessary. It may turn out that while the blind resident is not driving and parking the vehicle, her caretaker is and it is safer for the caretaker to park near the entrance so that when she is escorting the blind resident, she doesn’t have to cross travel lanes in the parking lot.

Second, an association is not obligated to provide the exact accommodation requested by the disabled owner, but only a reasonable accommodation based on the specific circumstances and the needs of the disabled owner.2 A disabled owner may request a particular parking space to be assigned as an accommodation, but an association can provide an alternative space so long as it meets the owner’s needs.3 Clarifying the exact needs of the disabled owner, in terms of the distance to the door or the space needed to exit the vehicle, can assist the association in identifying a parking space that will meet the resident’s needs but will also have the least impact on other owners. Maintaining its discretion in assigning parking spaces can be critical to an association if it becomes in2 Bryant Woods Inn, Inc., v. Howard Cnty, 124 F.3d 597, 604 (4th Cir. 1997); Solodar v. Old Port Cove Lake Point Tower Condo. Ass’n, Inc., 2012 WL 1570063 (S.D. Fla. 2012).

But, see also, Va. Code Ann. § 36-96.3:2, which provides that a disabled owner does not need to accept an alternative accommodation if the requested accommodation is also reasonable.

3

1

Loren v. Sasser, 309 F.3d 1296, 1302 (11th Cir. 2002).

16 | Quorum­

Third, the purpose of the fair housing laws is to give disabled residents equal, not better, access to and use of housing. It may, therefore, be reasonable to require an owner to swap her deeded or limited common element parking space for the reasonable accommodation parking space she is seeking. If an owner already has an assigned or limited common element parking space, but wants the use of a parking space closer to the entrance as a reasonable accommodation, the association can ask such owner to license the deeded or limited common element parking space to the association in exchange for exclusive use of the closer, reasonable accommodation parking space.

Fourth, an association cannot interfere with other owners vested private property rights when providing a reasonable accommodation. In Windsor Plaza, the disabled owner requested that the association provide him with exclusive use of a limited common element parking space that had been deeded to another owner many years earlier. The association refused on the grounds that it couldn’t transfer the limited common element space without the agreement of the owner to whom it had been deeded. The Virginia Supreme Court confirmed that the accommodation requested was unreasonable because an association has no authority to confiscate private property belonging to another owner in order to accommodate a disabled owner.

Finally, associations should bear in mind that parking is always a sensitive issue that can generate a high degree of frustration and illwill, even before fair housing concerns are part of the picture. These types of reasonable accommodation requests should be handled carefully and promptly, and, if there are any doubts regarding the proper handling of the request, management, and legal counsel should be consulted in order to avoid the time and expense involved in defending a fair housing complaint.

4 Sporn v. Ocean Colony Condominium Association, 173 F. Supp. 2d 244 (D. N.J. 2001).

5 Commonwealth ex re. Fair Housing Board v. Windsor Plaza Condo. Ass’n., Inc., 289 Va. 34, 768 S.E.2d 79 (2014).

ANNUAL AWARDS DINNER

THROUGHOUT THE DECADES Take a trip back with us through the decades. Relive the 70s, 80s, 90s or 2000s while we continue the celebration of our chapter’s 40th Anniversary and honor our hard-working volunteers. The food and décor will celebrate the decades, and we encourage our guests to celebrate their favorite as well. Were you a disco queen? Perhaps a David Bowie fan? Loved Flock of Seagulls? Or maybe you still enjoy a good Nirvana jam? Whatever your musical interest or favorite fashion era, come celebrate throughout the decades with us!

— Attire: Black Tie optional or in theme

SCHEDULE

WHEN

WHERE

WHO

5:00 p.m. Registration Opens 5:30 p.m. Awards Begin 7:00 p.m. Reception Begins 11:00 p.m. Event Ends

November 4, 2017 5:00 p.m. – 11:00 p.m.

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

Business Partners, Homeowners, Managers

HOW Visit www.caidc.org to register

SPONSORS

REGISTRATION RATES EARLY BIRD RATE BEFORE: 10/20/17

REGULAR RATE

HOMEOWNERS / MANAGERS / BUSINESS PARTNERS MEMBER

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Premier - Griffin Owens Insurance Group Platinum - Power Systems Electric Corporation Awards - Windows Plus, LLC Awards - National Realty Partners Dinner - Falcon Engineering Reception - King Contracting Reception - First Service Residential

Fairview Park Marriott is offering a special room rate of $79 for the night of the Annual Awards Dinner.

Visit www.caidc.org/annual-awards-dinner-2017 to reserve. Sponsorships are available. Please contact Carla Hull, Events Manager, at chull@caidc.org.

7600 Leesburg Pike, Suite 100 West

E-mail: chull@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644

F: 703.941.1740

By Kara Permisohn Kara has worked in business development for Minkoff Company, Inc. since 2004. She is a past president of the Chesapeake Region Chapter of CAI (CRCCAI), has served on both WMCCAI and CRCCAI Boards of Directors, and is active on committees in both chapters.

CRI

IGN

EVENTION BY DE R P S ME

PARKING AREA SAFETY TIPS

I

t’s never too soon for a discussion among your board of directors and residents about preventing crime and promoting safety on your property. Parking lots are one of the most targeted areas for a broad range of property and violent crimes, including robbery, assault, burglary, larceny, auto theft, vandalism, and even drug dealing. By assessing your community and considering some simple tasks you can prevent crime by designing your environment to be less susceptible.

The National Crime Prevention Council (www.ncpc.org) recommends starting with a safety strategy and plan. Being proactive can eliminate having to deal with such terrible instances as listed above. Get to know your neighbors and their vehicles. It’s amazing how often a random car shows up in a community parking lot, and it raises a red flag because no one recognizes it. The vehicle might have been dumped there as part of a car theft in the area. You can be vigilant and report suspect situations to management and your local police. Stickers or tags, and guest passes to identify vehicles which belong in the community is a simple way to achieve this goal.

Walk to your car

18 | Quorum­

with the keys ready, so you are not distracted as you approach it.

Have your Neighborhood Watch and HOA Board of Directors coordinate a “security meeting” and invite your local police department to address crime and security within the community. The police appreciate those communities that are involved and include the police. Pete Hughes from First Coast Security (FSC), retired with 34 years of law enforcement experience, advised that “A community with an engaged HOA and Neighborhood Watch who have a security strategy that includes communication and the local police, is a safe community.” Police might have suggestions for how to better light your parking lots, walkways, entrances, and stairwells making them safer. For example, white light will give you a more accurate visual when identifying and describing a perpetrator versus yellow or blue bulbs. The perimeter might be overgrown with trees and shrubs that should be pruned back. You might think shrubs are creating a barrier to keep bad elements out. However, that barrier can also prevent clear visibility as a thief or vandal flees the community. If the community or individual neighbors have camera surveillance be certain that it works and recordings are held for a predetermined length of time. The more methods of identification in position, the more likely assailants will avoid your neighborhood.

Form a modern day “Neighborhood Watch” program.

Gather a group of people who are committed to being actively involved. Make a list of issues that your community should initially address.

Decide on a means of communication

and signage to promote the effort (e.g. signs at every entrance, email, websites, fliers, phone trees, or texts, etc.) Provide a map of the community with room to list resident’s names, addresses, and best means of communication for all households or units. Establish a location to meet and discuss crime issues and strategies such as someone’s home, condominium, local library, school, or community center.

Designate building or block captains as safe zones and contacts. You can even make the committee enjoy being a part of the effort by making meetings social, offering expert speakers, education, and even leverage local media for free publicity at meetings.

Make yourself and your neighborhood watch team aware of facts about local crimes.

Resources such as local television news, email alerts, newspapers, the internet, and police reports can help spread accurate facts about a recent crime. The truth can help reduce the fear of crime for neighbors and prepare them what to keep a look out for.

Get to know your neighboring communities. Board members and managers can share knowledge with each other if they have a specific problem at hand. Utilize the younger members of your communities.

They are out playing, riding bikes or skateboards, and might see something that adults don’t. Familiarize retirees and people with pets in the neighborhood on safety prevention. They are often walking the community more than once a day and can be another tier of eyes and ears toward safety. Local crime prevention activities and seminars by other groups can be used to help train your community with a wealth of information. By linking crime prevention among all demographics, you’re ensuring less risk in your parking lots and communities at large.

SIMPLY SMARTER PIPE REPLACEMENT. FALL FORUM

Planning for the Realities of Aging & Failing Piping Systems As our infrastructure ages, piping systems within buildings are beginning to fail at an alarming rate.

You will hear from a panel of industry experts on how insurance, legal, finance, engineering, and construction management all work together to help you plan for a successful pipe replacement solution that minimizes the impact on your community and maximizes return on investment.

Date: Thursday, October 26th, 2017 Time: 2:00 - 4:00 p.m.

Location: Washington, D.C.

REGISTER ONLINE AT: sagewater.com/fallforum We’re the DC area’s pipe replacement specialists who put your owners and residents first. Our streamlined process, detailed coordination, and flawless workmanship make for a thoroughly satisfying experience, from start to finish. Once our work begins, you won’t need to give it a second thought.

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By Crishana L. Loritsch, CMCA, AMS, PCAM Crishana is the general manager of Town Square Towers Condominium located in the SW Waterfront, Washington D.C. She has been an active member of the Washington Metro Chapter CAI since 2002, where she has volunteered on the Quorum Editorial, Membership, and Outreach committees. Crishana has also served as Outreach Committee chair and Secretary on the board of directors and has received numerous awards including Rising Star, Committee Chair of the Year, and the Chapter Appreciation Award to name a few.

She currently serves as Communication Council Chair.

As with any rule within your community, managers must ensure that it’s enforced equitably.

The Case for Towing 2017

R

egular readers of Quorum may recall a similar article was published last year, and you may be asking yourself, “Why revisit such an unpleasant topic?” I too share your concerns and don’t want to offer a rehash of a tired story but as our region continues to attract more people (with more cars), it’s imperative for communities and their leadership to evaluate its practices on parking and enforcement should be an integral part of that evaluation.

Towing Gets Your Attention Let’s face it—towing gets your attention.

For many who either live or manage in a community with limited parking, towing

Selective enforcement will cause serious issues for your community. If you have onehour visitor parking in your community, you must effectively monitor cars who use this area. To allow one car to park in this area over the allotted time but tow another car that parks in this area more than one hour is an invitation for trouble.

is one of the most effective ways of ensuring that the residents, their guests, and other visitors to the property abide by your community’s parking policy. Parking control is critical, especially in many condominium and town home communities where there are only one to two spaces available per unit, including visitor and overflow parking. With the average American household owning 2.28 cars, effective control measures such as parking permits for both residents and visitors, assigned parking spaces and designated visitor parking areas, coupled with towing enforcement allow for the most effective and equitable distribution of parking.

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

If you have an area in your community where parking rules are abused on a regular basis, consider sending a reminder message to your entire community, reiterating the policy and the enforcement of the policy should residents be found in violation. Give them a warning period and once the period is over, then start towing. You have the confidence in knowing that you provided your residents with ample opportunity to comply and can move forward with your enforcement practices without incident.

Towing Is Cost Effective Towing is effective because the costs are borne by the affected party and not by the community at large. By allowing a towing company access to your property to patrol for possible violations of our parking policy, communities reduce administrative costs related to performing this function inhouse such as the costs to produce warning notices, staff to tag offending vehicles, etc.

These resources can be used elsewhere for providing additional services to your residents.

Additionally, many of these companies will agree to provide parking permits and parking lot space and line painting in exchange for the access to patrol for offending vehicles. For many associations, this practice can lead to saving a few thousand dollars a year in maintenance expenses.

Also, by employing a towing company to patrol your property, they may also be willing to offer discounted prices for the relocation of vehicles for large-scale projects on

20 | Quorum­

your properties such as tree maintenance and removal as well as parking area resurfacing and repairs. As a property manager, I take advantage of these services offered, and the cost is a fraction of what it would normally cost if we were not already a client.

Towing Can Help with a Property’s Curb Appeal If you live or work in a community with limited parking, nothing burns you up more than to look for a parking space, only to find a run-down, derelict vehicle in a space. When I say derelict, I don’t mean a well-loved, hard-working vehicle with a few dents, scrapes, and dings. Rather, I am talking about that vehicle with the flat tire(s), the very old inspection failure sticker, expired tags, and the even more out of date county decal. If you have several vehicles like this on your property, it can make it look run down in appearance and adding a towing provision for these types of vehicles can further help your property look its best. Be sure that your association’s governing documents allow for you to give authority to your towing company to remove vehicles for these infractions.

Towing Is Controversial

challenges. Most tows are without incident, despite media stories to the contrary but on those occasions where a car was towed improperly, communities must have practices in place that provide restitution and equitable resolution to the affected parties.

If your community’s tow operator removes a vehicle improperly, managers should take the lead and move to remedy the situation immediately. The decision to reimburse for a tow fee goes a long way to securing good will within your communities.

Towing—The Takeaway Yes, the pun is intentional. As with any enforcement tool, it’s important that the pros of the tool outweigh the cons and in the case of towing, it can be difficult for the pros to outweigh the biggest con of towing, and that’s the negative image that most associate with towing. However, it’s important to remember that there are two sides to every story. While our first response to seeing a car being towed by a truck is usually negative, the owner may be thrilled because this tow truck saved them from being stuck in the middle of the road and becoming another traffic story on WTOP. It’s all in your perspective.

Towing is controversial, and for those communities who use towing as part of its enforcement mechanism, it is not without its

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| 21

By Winta Mengisteab, ESQ.

By Mary N. “Molly” Peacock, ESQ.

Winta has been with Rees Broome, PC, since December 2006, and has focused her career on community association law. She is licensed to practice in D.C., Maryland, and Virginia, and serves numerous condominium and homeowners’ associations in the tri-state area. Winta has been a member of WMCCAI since 2006.

Mary N. “Molly” Peacock is counsel at the law firm Rees Broome, PC in Tysons Corner, VA. Since 2006, her practice has focused almost exclusively on representing community associations in Virginia and Washington, D.C. She is proud to serve community leaders in support of their efforts to protect and enhance the property values and quality of living within their communities.

Parking Space Assignments and Reassignments in D.C., Maryland, and Virginia

P

arking space assignments and reassignments by community associations must be reviewed cautiously. For homeowners’ associations and condominiums in Maryland, there is not much statutory direction. And, in Virginia and D.C., at first blush, the statutes relating to the assignment/reassignment of limited common element (“LCE”) parking spaces in condominiums seem streamlined and doable without much hassle. Most of the time they are. However, the apparent ease can be misleading. This article highlights a few issues

to watch out for and some guidance as to how to get started with your review.

VIRGINIA At the time of this article’s publication, §5579.57 of the Virginia Condominium Act governs a condominium association’s authority to assign or reassign LCEs and outlines the procedures by which to do so. §55-79.57 requires an assignment/reassignment to be accomplished by an amendment to the condominium instruments, which

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22 | Quorum­

LEED AP

must be executed by the unit owners of the units concerned and recorded by an officer of the unit owners’ association. [Note that these types of amendments to the condominium instruments do not need to be ratified by the required majority of unit owners].

However, §55-79.73:1, regarding mortgagee consent requirements for proposed amendments to the condominium instruments may also apply to LCE reassignments. One might not think that mortgagee consent issues are implicated in parking space reassignments, but, in a letter opinion dated September 16, 2013, the Circuit Court of Fairfax County, in Nicksolat v. Gharavi, found that the mortgagee’s rights were in fact affected by a certain LCE parking space re-assignment, and thus required the mortgagee’s consent pursuant to §55-79.73:1(C) to effectuate the reassignment. Because the association and the unit owners involved failed to obtain the mortgagee’s consent, the recorded reassignment was deemed a nullity.1 The Court held that short of a provision in the condominium instruments that specifically addresses whether mortgagee consent is required for LCE reassignments, such instruments are deemed silent to the issue, and §55-79.73:1(C) applies to require mortgagee consent to the amendment because the reassignment specifically affects the mortgagee rights.

1 Mondana Nicksolat v. Mohammad Gharavi, Case NO. CL2013-1659, Sept. 16, 2013.

For property owners’ associations in Virginia, the Virginia Supreme Court has held that an association’s declaration must expressly authorize it to assign to an owner the exclusive right to use a portion of the common area, and that any such assignments must be granted uniformly to all owners unless the declaration specifically allows for non-uniform allocations.

WASHINGTON, D.C. In the District of Columbia, §42-1902.13 of the D.C. Condominium Act provides the authority and procedures for assigning and reassigning LCEs. §42-1902.13 states that LCE assignments/reassignments must be recorded as an amendment to the condominium instruments, that the amendment shall be executed by the unit owners of the condominium units concerned, and that the amendment shall be recorded by the unit owners’ association. [Again, note that a reassignment, although it is an amendment to the condominium instruments, does not need to be approved by the requisite majority of unit owners.]

As you can see, §42-1902.13 is very similar to §55-79.57 of the Virginia Condominium Act; however, the D.C. Condominium Act does not impose a mortgagee consent requirement. Nevertheless, your condominium instruments may require mortgagee consent/action for LCE reassignments. In such cases, be sure to comply with such requirements, but note that §42-1902.27(g)(1) creates an automatic consent provision that may apply if the mortgagee fails to respond within 60 days from the date that the proposed amendment is mailed.

MARYLAND In Maryland, pursuant to §11-108(b) of the Maryland Condominium Act, a unit owner of a unit to which the use of any LCE is exclusively restricted may grant by deed the exclusive use, or the joint use in common, of the LCE to any one or more other unit owners. A copy of the deed shall be furnished to the council of unit owners. The statute is otherwise silent; therefore, the council of unit owners must look to their condominium instruments for any other authority and procedures to assign or reassign LCEs. For homeowners’ associations in Maryland, the Maryland Homeowners Association Act is completely silent on the issue of assigning or reassigning common area parking spaces for the exclusive use of an owner. As such, homeowners’ associations must review their governing documents to determine whether they have the authority to grant such exclusive rights in the common area parking spaces; however, there should be specific authority to do so in order to avoid violating any covenants of mutual use and enjoyment of the common areas.

In sum, it is vital that an association determine whether it has the necessary authority to assign a common area parking space for the exclusive use of an owner or assign/reassign a limited common element parking space, and to understand the process that it must follow in order accomplish the assignment or reassignment.

OCTOBER 2017

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By Kim Viers Uffner Kim is the third generation at her family-owned company, A.B. Veirs and Sons, Inc. Her work involves asphalt estimations, marketing, and human resources. Kim is an active member of WMCCAI’s Quorum Editorial Committee.

P

101

Key Terms • Hot mix asphalt (HMA): hot asphalt used for permanent paving.

• Cold mix asphalt: cold asphalt. Used for temporary fixes when hot asphalt is not available (in the winter).

• Seal coat/seal: thin, sprayed layer(s) of liquid. Think of it as a coat of paint applied to the top of your existing asphalt.

• Resurface/overlay/top/surface: final surface layer placed over existing or a base course of asphalt. This is hot mix asphalt.

• Mill: grinding or scraping off the surface of the existing asphalt. This is mostly done to resolve grade problems or to make tie-ins.

• Crack fill: hot rubberized tar that is used to fill cracks in the existing asphalt to help prevent moisture from penetrating to the subgrade.

Installation of asphalt paving requires many important steps. Not all bids are the same.

Including these elements in your project are important.

• Compaction and Thickness—A general rule of thumb is 4 inches for driveways 24 | Quorum­

• Ask for a square yard price to compare unit prices.

• Determine if you need milling, and how much is necessary (full surface mill or edge mill). This affects the grade, which will determine the potential for creating water drainage problems after the job is done.

Asphalt roducing quality asphalt pavement is much more involved than it looks.

You may not be a paving expert, but being aware of the following information will help a long way toward a successful project.

• Determine the amount of patching needed (square feet or square yards) and the recommended depth of patching and/or overlay.

• Plan project logistics. Accomplishing the work in one phase during the day is much less expensive than several phases at night. Establish traffic control needs. and 6 inches for car parking lots (after compaction). To ensure consistent asphalt thickness, the sub-grade must be fine-graded and compacted prior to placing the asphalt. Specifications should always refer to thickness after compaction because pavement loses approximately 25% of its thickness during compaction.

• Patching—Broken asphalt should be removed and replaced before overlaying with new asphalt. The best way to repair a weak area is to excavate the old asphalt down to the subgrade, check for solid subgrade (excavate deeper if necessary), and replace with new base asphalt.

• Overlay—A tack coat should be applied first to bond new asphalt to existing surfaces and to prevent slippage cracks.

Simply asking each contractor to bid on what they think needs to be done will set you up for a suboptimal outcome.

In paving, there is a right way and a wrong way to do a job and an entire spectrum of tradeoffs in between. The differences among contractors’ prices are frequently due to a judgment about where your budget falls on the spectrum. A standardized scope of work based on clear goals will help ensure crucial elements are included, the right tradeoffs are made, and you can compare bids “apples-to-apples.” As you develop the scope of work consider the following:

• Do not assume that all numbers are presented equally across all proposals. For example, the phrases “machine lay 2 inches and then compact” versus “machine lay then roll to a compacted thickness of 2 inches.” Both phrases communicate thickness, but the finished product thickness for the first one will be 1.5 inches after compaction, and 2 inches for the second.

Before making a contractor selection, you should be clear on the following issues: • Request references from an industry insider or past customers.

• Scheduling— how long will it take and when will it be started.

• What change orders may be typical for your type of job. Change orders should only arise when a customer requests a change in scope or an unforeseen issue is uncovered such as unsuitable subgrade.

• What weather conditions do they pave in? A contractor should be willing to delay a project if the weather or temperature is not ideal.

Having a project meet your expectations is often related to the amount of detailed communication and thoughtful planning performed coupled with a concise scope of work developed before the job begins. Paving projects are no different, but now that you know the basics, you will be able to be better equipped to achieve your goals.

Mixed Roundtable What

Come learn, lunch and network with industry professionals who want to share their experiences with you. Table topics for this session will have two experts from the following areas: Mechanical, Electrical, Insurance, Financing, Plumbing, Structural and Building Envelope, and Grounds (to include landscaping, asphalt, concrete, ponds).

Closest parking garage at MarcParc Parking $11 for 4 hours $14 for 4 -12 hours. Use Spothero D.C. for additional parking options. Metro accessible – Friendship Heights stop on the Red Line.

Lunch will be provided. Sponsorships are available.

Please contact education@caidc.org REGISTRATION RATES EARLY BIRD RATE BEFORE: 10/16/17

REGULAR RATE

MEMBER

$30

$45

NONMEMBER

$40

$55

MEMBER

$35

$50

NONMEMBER

$50

$65

MEMBER

$110

$125

NONMEMBER

$135

$150

HOMEOWNER

MANAGER

When October 25, 2017 12 – 3 p.m.

Registration opens at 11:30 a.m.

Where Maggiano’s 5333 Wisconsin Ave NW Washington, DC 20015

Who This event will benefit Homeowners, Managers

How Visit www.caidc.org to register

Sponsors Chancellor Purofirst of Metropolitan Washington Roundtable Becht Engineering BT, Inc. Community Advantage a Wintrust Company

BUSINESS PARTNER

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

OCTOBER 2017

| 25

By Christopher W. Carlson, P.E., SECB Chris has been practicing structural engineering for over 24 years and is focused on the evaluation and repair of defects on existing buildings. He is the chief structural engineer with ETC, Inc. and oversees the structural staff activities.

What Statement Does Your

Garage Make?

F

or many visitors, the parking garage creates the first impression of a building. Performing routine maintenance provides a cleaner, safer, more welcoming atmosphere. However, the parking garage is often the least maintained part of a facility even though they are often exposed directly to the weather unlike the rest of the building.

Therefore, they need more attention because the garage is not a destination, just a transfer point. It is also “painful” to disrupt the status-quo and have a hundred or more residents move their cars out of their spaces for a few days. Just the thought of this endeavor could make you cringe. After all, if there were plenty of parking spaces nearby, you wouldn’t need a parking garage.

Maintenance is intended to delay future major garage repairs by performing small-

er tasks in a periodic manner before they degrade into bigger issues. Parking industry trade associations and manufacturers of products used to protect parking garages from deterioration offer many resources to aid in developing a routine maintenance plan tailored to your garage. Experts suggest that you should budget at least $35 to as much as $500 per space, per year, for annual maintenance, as well as to help put money aside for that day when a major repair is needed.

Garages contain many systems that must be maintained besides the structure, often including HVAC, electrical, plumbing/drainage, elevators, landscaping, lobbies, and access/security. Several items to consider when developing your maintenance plan for each system are listed below.

Structure maintenance plans are primarily aimed at protecting the concrete and steel from water and deicing chemical attack.

The following major items should be included.

• Flush and clean driving surfaces and drains to remove dirt and deicing chemicals at least twice a year (spring and fall).

This may include hydro jetting of the drainpipes to ensure they are flowing freely. Include all levels of the garage, not just the outdoor surfaces where deicing chemicals have been applied. Don’t forget the stairways.

• Once a year, check the moisture protection systems, such as membrane deck coatings for excessive wear, tears, bubbling, and ripping. Check sealant joints for debonded areas. Look for unsealed cracks that can allow water to migrate through the concrete. A telltale sign that the membrane is damaged is if water and minerals are dripping from the slab above onto cars.

• In the spring, check the expansion joints as they are often damaged during snow plowing operations.

• Several times a year, inspect for spalled concrete, corrosion stains, and white mineral deposits. At the same time look for life safety concerns such as damaged cable barriers, handrails that wobble, and trip hazards, • Recoat your deck membrane at least every five years to help ward off damage. This can be a full recoat or a targeted coating of the drive aisles, turning areas, and ramps where the membrane is subjected to the most abuse.

• Retain experts to perform an in-depth garage evaluation/audit every three to five years. This inspection might need to be performed yearly if the garage is over ten years old and has been neglected.

Maintenance items to be performed on the other systems usually include the following:

A new deck coating and striping brightens any garage.

26 | Quorum­

Snow plows often damage expansion joints

• General cleaning, painting, door and hardware repairs, and elevator maintenance.

• Electrical equipment— light fixture cleaning and replacement. Check emergency lights. Electrical conduits that have corroded through must be replaced.

• Parking access controls, security, and CCTV systems usually are upgraded as technology advances require.

• Ventilation systems must be maintained. Few realize that carbon monoxide detectors need to be replaced about every five years.

• Painting— Fire sprinkler system pipes often sweat during times of high humidity and can corrode. Metal stair treads corrode over time.

• Check the condition of aesthetic items such as signage, striping, and landscaping.

• Water intrusion through perimeter walls into underground garages should be addressed as they are found.

Do not rely on your static reserve study to determine when the garage system needs to be repaired or replaced, things change over time, and the current condition might dictate otherwise.

Many problems can be inexpensively remedied if addressed in a timely fashion.

Neglecting maintenance or making improper repairs will contribute to shortening the life of the structure and/or the system. Start a maintenance program today and have your garage make a positive statement.

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

Association Services Joseph Inzerillo Jr. VP, Relationship Manager 703-841-5021 • JInzerillo@BBandT.com

GREAT

PEOPLE

Committed to

YOUR Association’s

SUCCESS “Sentry provides expert systems, training and advanced technology that allow me to stay on top of community issues. I work hard to communicate and be responsive. Sentry brings real ‘horsepower’ to your association’s management.”

– Susan, Sentry Manager

4401 Ford Avenue, Suite 1150 Alexandria, VA 22302 (703) 642-3246 northernvirginia.sentrymgt.com 602 S. King Street, Suite 400 Leesburg, VA 20175 (540) 751-1888 loudoun.sentrymgt.com

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

Loans are subject to credit approval. Only deposit products are FDIC insured. © 2016, Branch Banking and Trust Company. All rights reserved.

OCTOBER 2017

| 27

By Deborah Carter, CMCA, AMS, PCAM Deborah is the general manager of the Westridge Swim and Racquet Club in Woodbridge, Virginia. She is also a member of the Quorum Editorial Committee and the Outreach Committee.

Motivate Compliance

by SUSPENDING Use of Facilities

W

hen you think about repercussions for violating an association’s rules and regulations, most commonly you think of monetary charges or fines. In one association, this option became unavailable after the Virginia Supreme Court found that associations cannot impose monetary charges if the governing documents do not include express authority to do so. The initial reaction was a fear that the association would no longer be able to effectively enforce its covenants. In this case, the association had to look for alternative ways to fulfill its duty to enforce its covenants and protect property values.

a hearing before the association’s covenants committee, owners who were found to be in violation of the governing documents are informed that they cannot use the common area facilities. This practice is not only applied to situations involving architectural violations, but is also used in matters involving delinquent assessments. Since the governing documents require homeowners to pay assessments, non-payment is a violation. The maximum length of the suspension varies depending on the violation as prescribed by the governing documents.

Suspension for architectural violations may last no longer than 60 days, while a homeowner’s use of common area facilities may be suspended for as long as their assessments remain in arrears.

While the governing documents of this association do not authorize the imposition ofG:\Adoc\TCS\MARKETING\Advertisement monetary charges for covenants -2017violaQuorum Ad.061317.docx tion, they do include provisions to suspend Initially, it was feared that this tactic would owners use of common area facilities, which not be very effective. As it turned out, this include use of the swimming pool, tenapproach proved to be far more effective nis courts, community clubhouse, and asthan the standard imposition of fines or signed parking spaces. So, after notice and charges. In one case, a homeowner had

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  John E. Tsikderanos (301) 251-1414

28 | Quorum­

law@schildlaw.com

not paid any assessments for several years.

The association pursued collection by legal means. Liens had been filed against the property and judgments had been obtained against the homeowner. But still, the homeowner made no payments. When the association adopted the practice of suspending use of the common area facilities, the situation took a turn. Once the homeowner learned they could no longer use their assigned parking spaces, they immediately began paying and continue to do so.

As most homeowner’s associations do, this association conducts annual inspections of the homes for architectural violations.

Many homeowners address the violations within the given time period and the matter is closed.

Some matters remain unresolved and are addressed at a hearing before the covenants committee.

Since the implementation of the common area facility suspension, the number of cases addressed by the covenants committee has decreased and the rate of correction following a covenants hearing has decreased. In simple terms, homeowners are far more responsive to the loss of their use of the pool or parking spaces than they are to monetary charges.

Since varying systems are used in different associations, implementation will depend on the specific association. In this association, the homeowner is advised that any vehicle parked in their assigned parking spaces will be towed. The property address is provided to the towing company and the towing company is authorized to tow any vehicles in the spaces. There is no need to remove the stencils on the parking spaces.

Homeowners are also advised that it is their responsibility to notify the association when the violation is corrected. Use of a computerized pool pass system allows the association to easily control access.

Sometimes, it is surprising what will motivate people. As it turns out, parking and pool use are great motivators.

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

OCTOBER 2017

| 29

By Tiago D. Bezerra ESQ.

By William A. Marr, Jr. ESQ.

Tiago is an attorney with the Law Office of William A. Marr, Jr., representing community associations and small businesses across Virginia.

He serves on the Virginia Legislative Committee and enjoys helping clients make sense out of legal nonsense.

William “Bill” is the sole proprietor of the Law Office of William A. Marr Jr., where he has represented community associations and small businesses in Virginia and Washington, D.C. for over 30 years. He is the co-chair of the Virginia Legislative Committee and also serves on the Virginia Legislative Action Committee.

COVENANT CONTROLLED PARKING

I

t seems like just yesterday that the children in your community were learning how to ride a bike, but now they have graduated to cars and SUVs. Getting a driver’s license is a momentous occasion; however, your neighbors are not celebrating. New drivers mean new cars, and the sudden reduction in available parking spaces is causing everyone heartburn. Fortunately, your community association’s board of directors is very responsive to residents’ concerns and wants to take action to address the problem. The parking spaces in the community are located on common area owned by the association, so adopting a new parking policy seems to be the obvious solution.

Putting their heads together, the board starts considering a number of different ideas, including assigning spaces, limiting the amount and duration of visitor parking, and towing noncompliant vehicles. During this discussion, one board member asks, “Are we even allowed to do this?” The answer, at least in Virginia, is an association attorney’s favorite answer—it depends.

30 | Quorum­

Starting with the seminal case Sully Station II Community Ass’n v. Dye (2000), the Supreme Court of Virginia has decided a number of cases dealing specifically with an association’s ability to regulate its common parking areas. The court’s inquiries have focused on the “contractual” relationships between the associations, which own the parking areas, and their members, who are granted an easement over those areas by virtue of their membership in the association.

An easement is a non-ownership interest in a parcel of property where one party (the members) has a right to use property (the parking area) that is owned by another (the association). Importantly, the parties’ respective rights regarding the common parking area are usually expressed in a written “contract” that is recorded in land records.

This “contract” is more commonly known, for property owners’ associations, as the declaration.

Based on Sully Station and a number of subsequent Virginia Supreme Court decisions, the most important factor in determining the enforceability of a parking policy is the

express language of the association’s recorded declaration. The clear trend from the court’s decisions has been that an association’s ability to regulate common area is strictly tied to the terms of the declaration, the “contract” between the association and its members.

There is no hard and fast rule that applies because declarations are different.

The Virginia Supreme Court has provided us with some parameters to work with: In White v. Boundary Ass’n (2006), the court considered whether Section 55-513(A) of the Virginia Property Owners’ Association Act (“POA Act”) provides boards with broad rule-making authority regarding the use of common area. The court determined that the POA Act’s grant of authority is expressly subject to any limiting language found in an association’s declaration.

Then, in Manchester Oaks HOA v. Batt (2012), the court interpreted the term “common area” to inherently imply and require equality. In reaching this decision, the court established a baseline rule that, when regulating common parking areas, associations must treat all owners equally unless its declaration provides otherwise.

What these cases boil down to is clear—any parking policy (or other common area regulation) must apply uniformly to all owners unless the declaration provides the association with some discretion for treating some owners differently from others. For example, we have seen declarations that provide a board of directors with authority to license parking spaces to specific owners and not others because of the communities’ characteristics. Meanwhile, other declarations do not provide boards with any specific parking regulation authority at all. The Virginia Supreme Court’s continuing trend to interpret declarations strictly, as evidenced by the recent Shepherd v. Conde (2017) decision, may require associations to tread even more carefully when crafting parking policies and other common area rules.

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In the end, it is imperative to confirm with your association’s attorneys that the parking regulation drafted fits within the applicable terms of your declaration. Temporarily coping with an ongoing parking problem may cause a little more headache for everyone.

However, it is far more important to get it right so that your parking policy won’t be added to the growing list of rules subject to Virginia court review.

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CAPITAL RESERVE STUDIES TRANSITION REPORTS CIVIL ENGINEERING STRUCTURAL ENGINEERING DRONE / AERIAL IMAGING SERVICES MEP / ENERGY SERVICES SITE PAVING / DRAINAGE / RETAINING WALLS BUILDING FAÇADE INSPECTIONS & EXTERIOR RENOVATION BALCONY / DECK EVALUATIONS ROOF REPLACEMENT SPECIFICATIONS ARCHITECTURAL CONSULTING

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www.falconengineering.com OCTOBER 2017

| 31

Directory and Classifieds ASPHALT PAVING

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

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

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

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

ENGINEERS

MANAGEMENT SERVICES (CON’T)

www.bechtbt.com T: (410) 461-3904 info@bechtbt.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

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

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

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

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

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

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

JANITORIAL BANKING AND FINANCIAL SERVICES

Alliance Association Bank T: (703) 856-7463 Direct Tracy Burkhammer tburkhammer@AllianceAssociationBank.com BB&T Association Services www.bbt.com Let us save you time and money with our lockbox processing, ACH, coupon book, statement printing and transmission services.

Joseph Inzerillo Jr. T: (703) 201-5774 jinzerillo@bbant.com Mutual of Omaha Bank Community Association Banking/CondoCerts Noni Roan T: (301) 639-5503 Noni.Roan@mutualofomahabank.com

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

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

info@cleanadv.com

MANAGEMENT SERVICES

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

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

KPA Management, AAMC 6402 Arlington Blvd., Suite 700 Falls Church, VA 22042 Offering personalized service Ed Alrutz, cpm, cmca, pcam

ealrutz@kpamgmt.com

Legum & Norman, Inc., AAMC 3130 Fairview Park Drive, Suite 200 T: (703) 600-6000 Falls Church, VA 22042 Direct: (703) 970-8811 John Rhodes jrhodes@legumnorman.com Liberty Management Corporation 5515 Cherokee Avenue, Suite 400 T: (703) 914-2100 Alexandria, VA 22312 F: (703) 914-1624 Serving VA, D.C., MD for 30 years Beth Getachew, cmca, ams jrhodes@legumnorman.com

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

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

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

Sequoia Management Company Inc., AAMC 13998 Parkeast Circle www.sequoiamanagement.com Chantilly, VA 20151-2283 T: (703) 803-9641 Craig Courtney, pcam ccourtney@sequoiamgmt.com Zalco Realty Inc., AAMC, AMO 8701 Georgia Ave., Ste. 300 Silver Spring, MD 20910 Arthur Dubin,cmca, pcam, cpm Z.J. Chelec, cpm

32 | Quorum­

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

www.zalco.com

T: (301) 495-6600

adubin@zalco.com zchelec@zalco.com

­­I NDEX TO ADVERTISERS A Alliance Association Bank...............................................................................................................20 Associa-Community Management Corporation, AAMC....................................................................21 B Barkan Management, LLC, AAMC....................................................................................................4 BB&T Association Services.............................................................................................................27 Becht Engineering BT, Inc..............................................................................................................22 C Capital Painting Co.........................................................................................................................35 PAINTING SERVICES AND RETAILERS

Capital Painting Co. 5520 Oakwood Road Alexandria, VA 22310 George Tsentas

www.capitalpainting.net T: (703) 313-0013 F: (703) 922-1826 george@capitalpainting.net

Ploutis Painting & Contracting Co., Inc. T: (703) 360-0205 8365 Richmond Hwy F: (703) 360-5439 Alexandria, VA 22309 info@ploutispainting.com Stella Ploutis www.ploutispainting.com Reston Painting & Contracting 619 Carlisle Drive Herndon, VA 20170 David Hamilton

Cardinal Management Group, Inc., AAMC......................................................................................23 Clean Advantage Corporation............................................................................................................9 Community Advantage a Wintrust Company...................................................................................29 Cowie & Mott. P.A...........................................................................................................................29 D Doody Calls....................................................................................................................................29 F

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

Falcon Engineering, Architecture & Energy Consulting....................................................................31

dave@restonpaint.com

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

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

L Legum & Norman, Inc., AAMC.......................................................................................................35 M

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

Mutual of Omaha Bank...................................................................................................................35 P Ploutis Painting & Contracting Co., Inc..............................................................................................2 R

RESERVE STUDIES

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

Reston Painting Company..............................................................................................................36 S SageWater......................................................................................................................................19 Segan, Mason & Mason, PC...........................................................................................................15 Sentry Management, Inc.................................................................................................................27

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

T Thomas Schild Law Group, LLC......................................................................................................28 TWC Services, LLC..........................................................................................................................31 W Williams Professional Painting.........................................................................................................21 Windows Plus, LLC.........................................................................................................................11

OCTOBER 2017

| 33

CUL-DE-SAC

By Colin Horner, CMCA, PCAM Colin has 40 years of experience in the community association industry and was previously a vice president with Legum & Norman, working in the consulting and business development department. He was recently the general manager at Fairlington Villages.

IF YOU (THE ASSOCIATION) BUILD IT, HE (ELECTRIC VEHICLES) WILL COME

S

ince 1989, the phrase “if you build it, he will come” has been part of the cultural vernacular. For a condominium association or homeowners’ association, this can be a risky proposition, because the amenities provided by an association are often specified in the association documents.

Should you build something simply based on a perceived future interest? For our association, in the case of an electric vehicle charging station (“EVC”), the answer was yes.

The question had been floated about at board meeting “open forums,” and annual meeting Q & A’s sessions for some time.

The board had contemplated how to react if an owner suddenly stretched an extension cord from a unit to the owner’s vehicle in the common element parking lot. In my case, the board decided to be proactive. As the manager, I was asked to develop a plan for the installation of an EVC on the property, without yet having a formal request for such a service from a unit owner.

The process began with a feasibility analysis that explored the potential cost, a possible location, the physical requirements for installation, and the administrative considerations. Information was widely available on the internet, and the selected provider was extremely helpful in exploring these issues. We proposed a “pilot” installation that would provide two charging ports mounted on a single free-standing pole in one of our common element parking lots. The initial cost included the EVC device, a concrete

34 | Quorum­

pad into which pole was mounted for the EVC, and the costs of connecting electric power to the station.

We discovered that there are three levels of charging stations. The level 1 “residential” station runs on simple 110-volt household power, which may take up to 20 hours to “trickle charge” a vehicle from “empty.” The level 2 station comes in both “residential” and “commercial” styles, runs on 220 volts and is capable of charging a vehicle in 4-6 hours, depending upon the on-board battery charger and model of vehicle. The level 3, or DC Fast Charging station, requires 440 volts of power and provides a “quick charge” in less than 1-2 hours.

There are some problems with these stations, including a lack of a single standard plug for all EVC’s. Also, due to the location of the EVC, it was not feasible to access 440 volts of electricity without setting up new service with the local electric utility provider, and we were not prepared to undertake the costs necessary to support such a station.

For these reasons, we settled for the level 2 “commercial” station which is designed to service multiple vehicles.

Administratively, there were additional considerations, including whether the association intended to charge or assess users for the electricity the users would draw. For our community, the answer was yes. Many commercial establishments will provide the service for free. Our board was prepared to leap funding the installation, but as for the

ongoing cost of use, not so. Therefore, we established an account using the built-in technology. Prospective users register online, set up an individual account, and provide a credit card to pay for the service. We set a rate to charge on a per kilowatt hour basis. The condominium receives an elaborate array of reports regarding usage and quarterly, a check, as reimbursement for the cost of electricity that has been paid upfront by the association and charged to users.

For two months, nothing. The association had a beautiful charging station, waiting for patrons. Then suddenly, who should come out of the virtual “cornfield” but “Shoeless Joe” himself, owning a Chevy Volt, delighted to seemingly have his own dedicated space each evening; and then, as time passed, out came more and more members of the team. We now have six registered users, all of whom seem to play fairly and share the two available charging ports.

We know that eventually, the need will exceed the capacity provided. Our rules for use require users to remove vehicles after charging is complete. Enforcement of such a rule will certainly be a challenge. However, we believe that once we have exceeded capacity, our “pilot” installation will be deemed a success— also requiring that the location for the next installation be determined. For now, we are delighted that more and more are joining the team and that real estate agents can now add EVC service to the many amenities available to the residents of our community.

Are Your Funds and Data Secure?

OUR TECHNOLOGY PROTECTS YOUR FUTURE. Your community deserves PROTECTION. As a board member, it is your responsibility to protect your association’s future by ensuring your community funds and data are secure. You need a management company dedicated to innovative security measures and the highest standards. Our built-in redundancies and infrastructure assure your funds and confidential data are accessible and safe 24/7. That’s the Legum & Norman difference. Our Team Delivers Exceptional Service Everyday.

Delivering unsurpassed management and lifestyle services to communities worldwide.

3130 Fairview Park Drive, Suite 200 | Falls Church, VA 22042 | 703.970.8864 | www.legumnorman.com

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

take that to the bank.

Noni Roan CMCA VP - MD, Northern VA, DC 301-639-5503 Toll Free 866-800-4656, ext. 7479 noni.roan@mutualofomahabank.com

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