The
San Antonio Apartment Association Magazine
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May/June 2012
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BOND ELECTION:
On May 12, San Antonio voters will have the opportunity to vote on $596 million in capital improvements, better streets, safer sidewalks, improved bridges and low water crossings all over the city. Visit www.sanantonio.gov/2012Bond for more information.
PRIMARY ELECTION:
Visit http://elections.bexar.org/ for more information. ‡ 8 6 3UHVLGHQW 9LFH 3UHVLGHQW ‡ 8 6 6HQDWRUV ‡ 8 6 5HSUHVHQWDWLYHV ‡ 5DLOURDG &RPPLVVLRQHU ‡ 6XSUHPH &RXUW -XVWLFHV
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TES: A D I D N A C D E ENDORS SAAA has endorsed the following candidates in contested primaries:
2 | May/June 2012 |
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Texas Senate: SD 25: Sen. Jeff Wentworth (R-San Antonio) Texas House: HD 53: Rep. Harvey Hilderbran (R-Kerrville) HD 73: Rep. Doug Miller (R-New Braunfels) HD 121: Speaker Joe Straus (R-San Antonio)
Bexar County: JP Precinct 2, Place 1 Robert N. (“Bob�) Ray (R) (SAAA Member) www.saaaonline.org | The RESIDENCE
May
1 3 3 4 4 7 8 8 9 9 10 11 15 16 17 21 22 24 25 29
PSC Meeting SAAA Pool Rules Seminar SAAA Programs Meeting SAAA Government Affairs SAAA IRO Committee SAAA Red Cross Campaign Ends SAAA Creepy, Crawly Bugs! Seminar SAAA Membership Drive Meeting Amorcito’s Executive Committee Meeting SAAA Board of Directors Meeting SAAA Community Relations Meeting Perico’s Outreach Committee Meeting SAAA Raising Rents Seminar SAAA Education Meeting SAAA Northside Natatorium &HUWLÀHG 3RRO 2SHUDWRU &ODVV Spring Mixer La Hacienda &HUWLÀHG 3RRO 2SHUDWRU &ODVV Northside Natatorium Ambassadors Meeting Silo’s Deal or No Deal Seminar SAAA Membership Drive Ends Amorcito’s Buddy Committee Meeting SAAA 6$$$ 2IÀFH FORVHG IRU 0HPRULDO 'D\ 100 Club Luncheon - First Presbyterian Church
June 7 8 8 8 12 13 13 14 14 18 19 19 20 21 26-29
Programs Meeting Government Affairs Outreach IRO Committee Budget Basics Seminar Executive Committee Meeting Board of Directors Meeting Fair Housing Seminar Community Relations Meeting Ambassadors Meeting Learn From The Top Dogs Seminar EMT Class Education Committee Meeting EMT Class NAA Conference
SAAA SAAA SAAA SAAA SAAA SAAA SAAA SAAA Perico’s Silo’s SAAA SAAA SAAA SAAA Boston
9:00 a.m. 8:30 a.m. 9:00 a.m. 8:30 a.m. 10:30 a.m. 5:00 p.m. 9:00 a.m. 4:15 p.m. 1:30 p.m. 3:30 p.m. 4:00 p.m. 9:00 a.m. 9:00 a.m. 9:00 a.m. 8:30 a.m. 6:00 p.m. 8:30 a.m. 3:30 p.m. 9:00 a.m. 4:15 p.m. 9:00 a.m. 11:45 a.m.
9:00 a.m. 8:30 a.m. 9:00 a.m. 10:30 a.m. 9:00 a.m. 1:30 p.m. 3:30 p.m. 9:00 a.m. 4:00 p.m. 3:30 p.m. 9:00 a.m. 5:00 p.m. 9:00 a.m. 5:00 p.m.
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tableofcontents in this issue... 2
Election Information
3
May and June Calendars
6
Red Cross Kid’s Corner
7
President’s Message
10-11
Industry Achievement Awards - Winners and Photos
13
Email Etiquette
15
Redbook Seminar Photos
18-19
Casino Night Photos
21
SAAA’s Online University
23
Spring Mixer Information
24-25
Cook-Off and Maintenance Appreciation Photos
29
New Member Information
31
10 Ways to Become a Problem Solver
33
Bowling Tournament Information
35-36 37
Legal Update Annual Golf Tournament and Expo Information
38-40
Independent Rental Owners rs
41
Market Information
42
TAA Update
43
NAA Update
&ODVVLĂ€HGV 46
Index of Advertisers
Mission Statement The San Antonio Apartment Association offers the support and the opportunity for owners, managers and sup suppliers ppli pliers liers er of the rental housing industry to relate, exchange ideas and experiences, standards. The xperiences and establish high standards $VVRFLDWLRQ VHUYHV DV D SURIHVVLRQDO XQLĂ€HG YRLFH WR H[SUHVV FRPPRQ LVVXHV DIIHFWLQJ RXU LQGXVWU\ DQG FRPPXQLW\ DW WKH ORFDO VWDWH DQG QDWLRQDO OHYHO 7KH $VVRFLDWLRQ PD[LPL]HV UHVRXUFHV WR SURYLGH RXU PHPEHUV ZLWK EHQHĂ€WV such as: access to quality educational programs, information through research and legislative involvement, and the enhancement and growth of professionalism within our industry while serving the community. Counties Served: Atascosa, Bandera, Bexar, Comal, Dimmitt, Edwards, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Kinney, LaSalle, Maverick, McMullen, Medina, Real, Uvalde, Wilson, and Zavala
SAAA Staff ([HFXWLYH 'LUHFWRU Jeff Robinson jeff@saaaonline.org 'LUHFWRU RI &RPPXQLFDWLRQV Kimberly Pipes kimberly@saaaonline.org 'LUHFWRU RI (GXFDWLRQ Jennifer Feeler jennifer@saaaonline.org Director of Finance & Operations Becki Perez-Clark becki@saaaonline.org Director of Government Relations Teri Bilby teri@saaaonline.org Director of Member Services Darlene Willis darlene@saaaonline.org 'LUHFWRU RI 3URJUDPV (YHQWV Cheryl Hood cheryl@saaaonline.org ([HFXWLYH $VVLVWDQW Debbie Humes-Maldonado debbie@saaaonline.org A Administrative Assistant Andrea Villarreal a andrea@saaaonline.org /HJDO &RXQVHO David Fritsche 210.227.2726 david@lawordf.com
San An Antonio Apartment Association 7525 Babcock Road San Antonio, TX 78249 ‡ )D[ )D[ ‡ www.saaaonline.org “The Residenceâ€? Magazine is published bi-monthly by the San Apartment Association, Inc. Circulated free to members. Antonio Apartme Entire contents are the Š Copyright 2012 of the San Antonio Apartment Association, Inc., all rights reserved. The San Antonio Apartment Association, Inc., expressly reserves the right, in its sole discretion, to reject advertising which may subject the San Antonio Apartment Association, Inc., to liability under statutory or common law. Contributed material does not necessarily reect the views and opinions of the San Antonio Apartment Association. Printed at Shweiki Media on FSC CertiďŹ ed Paper (www.fscus.org/paper).
This paper contains 10% post-consumer waste 4 | May/June 2012 | www.saaaonline.org | The RESIDENCE
3$67 35(6,'(176 Mark Hurley - Highland Commercial Properties Donna Schmidt, CPM - Fogelman Management Group
boardofdirectors
2:1(5 ',5(&7256 Celine Williams - Alpha-Barnes Real Estate Steve Ross - Bob Ross Realty Debbie Wiatrek - Capstone Real Estate Services Juan Carlos Suarez - Domit Management Julie Agne-Highsmith - Embrey Management Services Ryan Wilson - Franklin Development Properties Cheree Allee - Greystar Real Estate Partners Jody Marquez - Implicity Management Amber Edwards - Resource Residential
$662&,$7( ',5(&7256 'HOĂ€QD $JXLODU $SSOLDQFH :DUHKRXVH April Chapman, CAS - The Liberty Group Scott Milgrom - Signs Now Mary Tranchell - Vamvoras Plumbing
35(6,'(17 Kelley Liserio, NCP HomeSpring Residential Services 210-682-1500
35(6,'(17 (/(&7 Renetta Quintana NRP Group 210-487-7878
/,)(7,0( %2$5' 0(0%(56 Barbara MacManus, CAM, CAPS, CPM, Mac Real Estate Bob Ross, Bob Ross Realty (Dec.)
352'8&7 6(59,&( &281&,/ %2$5'
9,&( 35(6,'(17 David Walker Gratr Landscapes 210-764-7773
President - Matt Lusk - Impact Floors 3UHVLGHQW (OHFW 'HOĂ€QD $JXLODU $SSOLDQFH :DUHKRXVH Vice President - Scott Milgrom - Signs Now Secretary - Mary Tranchell - Vamvoras Plumbing
0(0%(56 $7 /$5*( Liz Johnson - Alamo City Recovery Joe Anthony Guerrero - Bexar Towing Nicole Plummer - CORT April Chapman, CAS - The Liberty Group Tiffany Koch - Lone Star Carpet Cathy McCoy - Time Warner Cable Past President - Nancy Payne, CAS - For Rent Media Solutions
___________________________________________________ 7(;$6 $3$570(17 $662&,$7,21 President - Jeff Lowry, CAPS Vice President at Large - Mark Hurley Delegates - Mark Hurley; Kelley Liserio, NCP; Matt Lusk Allyson McKay, CPM; Renetta Quintana; Mike Rust; Donna Schmidt, CPM Alternates 'HOĂ€QD $JXLODU 1DQF\ 3D\QH &$6 0DUF 5RVV 6WHYH 5RVV &KHUHH $OOHH
___________________________________________________ 1$7,21$/ $3$570(17 $662&,$7,21 &KDLUPDQ - Jerry Wilkinson, CAPS, CCIM Regional Vice President - Mike Clark Delegates - Mark Hurley; Kelley Liserio, NCP; Renetta Quintana; Steve Ross; Donna Schmidt, CPM Alternates - Allyson McKay; Jeff Robinson; Marc Ross; Mike Rust
75($685(5 Mike Rust, CAPS Shelter Corporation 210-767-8104
6(&5(7$5< Allyson McKay, CPM Lincoln Property Company 210-499-0314
36& 35(6,'(17 Matt Lusk Impact Floors 210-249-0300
The RESIDENCE | www.saaaonline.org | May/June 2012 | 5
There is a Hero in all of us! Top Heroes will be announced at the Spring Mixer on May 17th!
Kid’s Corner raised over $1,800 this year!
Thanks to our Sponsors:
6
Atlas Towing Balloon Ideas Bexar Towing BG Staffing Carpet Warehouse HD Supply Liberty Group, The Quest Carpet Solutions Rasa Floors Roger’s Gardens Roto-Rooter Services Valet Waste | May/June 2012 | www.saaaonline.org
| The RESIDENCE
Kelley Liserio
president’smessage
,ŽŵĞ^ƉƌŝŶŐ ZĞƐŝĚĞŶƟĂů ^ĞƌǀŝĐĞƐ
Spring is here! And in keeping with the SAAA theme of the year – Rome wasn’t built in a day – Spring also represents a time of planting seeds and watching them grow. In May and June we are planting many seeds for our SAAA members. The month of May will mark the end of our Red Cross Heroes Campaign – THANK YOU to all of the SAAA members who helped to raise funds for such an important cause and planting the seeds for great community relationships. May will also mark the end of our Membership Drive and the new beginning of many new memberships at the SAAA. THANK YOU to all who participated in spreading the word about our valuable association and planting the seeds to grow our membership.
In addition to your local benefits, as a member you have the priviledge of participating at a state and national level as well via our TAA and NAA Education Conferences. I hope everyone was able to attend the state education conference that was held in San Antonio in April. If you missed this opportunity, you still have a chance to take advantage of an exceptional education opportunity at the NAA Educational Conference. It will be held in Boston this year on June 26-30. Sign up!
Talking about planting seeds for future growth, don’t forget to sign up for upcoming education classes such as the Bed Bug Seminar, a CPO course, Fair Housing Seminar, Budget Basics and the Deal or No Deal Seminar. All of the upcoming classes can be found on our website at www.saaaonline.org. I encourage you to take advantage of your membership and the education benefits the Association offers.
As we continue to plant the seeds to grow and expand our Association, I am happy to extend an invitation to all members to GET INVOLVED! You are the San Antonio Apartment Association. Nothing happens without our members. See you at the Spring mixer!
Kelley
pscpresident’smessage Some very exciting things have been going on…………..the San Antonio Apartment Association held it’s Annual Cook Off and Maintenance Appreciation Day on March 24th and the attendance couldn’t have been better. Associate and Owner members from all facets of our industry provided every type of cuisine you could imagine. From whole smoked pig and roasted corn, to gourmet cupcakes. Children of all ages found jumpy houses, face painting, and snow cones. Oh, did I mention how pleasant the weather was?
Matt Lusk /ŵƉĂĐƚ &ůŽŽƌƐ
Looking ahead, I would like to invite you to join the San Antonio Apartment Association as we show our support for the American Red Cross Campaign at the Spring Mixer on May 18th at the La Hacienda de Los Barrios at 6 pm. Come join in on the fun as we enjoy food, fun and festivities and help us welcome our new San Antonio Apartment Association members which recently joined during our membership drive. I look forward to seeing you all there!!
Matt The RESIDENCE | www.saaaonline.org | May/June 2012 | 7
210-325-7155 apartments.com 210-648-0799 alamocityrecovery.com s APARTMENTGUIDE COM
s bgstafďŹ ng.com
210-590-6200 bexartowing.net
210-615-8264 cort.com
210-697-9200 coinmachcorp.com
210-377-3116 forrent.com
281-261-6334 dixiecarpet.com 8 | May/June 2012 | www.saaaonline.org | The RESIDENCE
210-764-7773 gratrlandscapes.com
800-431-3000 hdsupply.com
210-525-7966 thelibertygroup.com
512-836-9311 lonestarcarpets.com
210-389-9216 impactďŹ&#x201A;oors.com
210-212-4444 rasaďŹ&#x201A;oors.com
210-520-6699 signsnowsa.com 210-257-0000 redicarpet.com 210-582-9586 twc-sa.com
210-341-2004 vamvorasplumbing.com
210-734-0000 worldwidepest.com The RESIDENCE | www.saaaonline.org | May/June 2012 | 9
Industry Achievement Awards Dinner held on February 23, 2012 at The Venues at Valero! 10 | May/June 2012 | www.saaaonline.org | The RESIDENCE
Maintenance of the Year: Marco Adame, The NRP Group Juan Castaneda, Greystar Wade Graham, United Apartment Group Ramiro Maldonado, Stonemark Mario Montelongo, Implicity Mike Nelson, Flournoy Properties Abraham Trevino, Lynd Company Leasing Agent of the Year: Angelica Arellano, Flournoy Properties Maddie Davila, Riverstone Residential Elizabeth Flores, Lynd Company Tiffany Gomez, Simply Better Rentals Marlene Koch, Myan Management Ruby Ramos, Greystar Stephanie Roel, Implicity Gabino Urrutia, The NRP Group Caro Ybarbo, United Apartment Group Assistant Manager of the Year: Jacqueline Cornelius, Lynd Company Catherine â&#x20AC;&#x153;Catâ&#x20AC;? Ford, Pinnacle Emily Hays, Fogelman Ashley Hughes, United Apartment Group Melissa Jimenez, Simply Better Rentals Nancy Knight, Riverstone Residential Michael Luna, The NRP Group Irma Montez, Greystar Leonice Souza, Implicity Crystal Zamago, Harbor Group Manager of the Year: Angela Acevedo, Parkside Management Omar Aldaz, Greystar Erin Brown, Riverstone Residential Alice Gamez, United Apartment Group Gwen Gary, RC Management Becky Garza, Implicity Patricia Goergen, Simply Better Rentals Kevin Machon, Stonemark Danielle Navaro, Heritage at Brooks City Base Katherine Schaedler, Lynd Company Cindy Sparks, Myan Management Meagan Valdez, Pinnacle Sarah Williams, Flournoy Properties
Winners are listed in alphabetical order
Regional Property Manager of the Year: Amy Fleener, United Apartment Group Donna Kohler, Myan Management Jeana Lopez, Greystar Veronica Martinez, Implicity Ana Rendon, Lynd Company The RESIDENCE | www.saaaonline.org | May/June 2012 | 11
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For All of Your Asphalt Needs, All Roads Lead to Ramming
X Asphalt Paving X Asphalt Patching & Repairs X Seal Coating X Crack Seal X Striping X Concrete Patch & Repairs X ADA Compliance 14 | May/June 2012 | www.saaaonline.org | The RESIDENCE
105 Nell Deane Blvd Schertz, TX 78154
210.531.0200
Redbook Seminars conducted E\ 6$$$ /HJDO &RXQVHO David Fritsche, February 29th and March 20th at the Marriott Hotel.
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Mission Statement The Mission of Implicity is to provide excellent service to our Clients, our Residents and our Employees. We will achieve this through: • Being a results-driven company • Providing a safe and secure environment for our Residents to live • Focus on Employee growth and happiness by providing continuing education, recognition and a true interest in our employees’ well being • Focus on Cash Flow and Asset Value for our Clients • Providing valuable market research to our current and future clients to help in the decision-making process for acquisition and disposition of assets
Services
Implicity Advantages
Property Management Due Diligence Surveys Construction Management Real Estate Consulting Services
Team Integrity Transparency And Accountability Expertise Dedication
Contact Us:
Implicity Management Company 8603 N. New Braunfels Suite 101 San Antonio, Texas 78217 Ph: 210.829.7770 Fax: 210.829.7772 www.implicitymanagement.com 16 | May/June 2012 | www.saaaonline.org | The RESIDENCE
Reprinted with permission from the 2012 TAA Education Conference. The RESIDENCE | www.saaaonline.org | May/June 2012 | 17
Thursday, February 23, 2012 at The Venues at Valero
18 | May/June 2012 | www.saaaonline.org | The RESIDENCE
Thanks to Our Sponsors! Ad Valorem Specialists Alamo City Recovery Allied Waste Alpha Barnes Real Estate Apartment Finder Apartment Guide Apartment Solutions Apartments.com Appliance Warehouse Arbor Carpet Asset Essentials Asset Protection Insurance Associated Time & Parking Controls AT&T Atlas Towing & Storage $YLOD 5RRÀQJ Best Landscapes Bexar Towing %* 6WDIÀQJ Capital Electric Century A/C Supply Champions Contracting Coinmach Colors Unlimited Cort Creer Advertising & Marketing Criterion Brock Dixie Carpet Executive Security Systems Fogelman Management Group For Rent Media Solutions G&W Contract Flooring Gate Services Gratr Landscapes Greater Texas Landscape Services Harper Painting & Construction, Inc. HD Supply Hest Fitness Products Hill Horticulture HSR Construction Impact Floors Implicity Management J4 Development JD Ramming Paving Company JL Gross & Company Kwal Paint /DZ 2IÀFH RI 'DYLG )ULWVFKH
The Liberty Group Lone Star Carpet M&M Painting & Construction Maintenance Supply HQ The Marketing Department Mockingbird Landscape Services Moonshadow Finishing Moveforfree.com National Credit Systems Native Land Design On the Move On-Site.com Park Right Solutions Pavecon Ltd Pest Shield Pest Control Phoenix Recovery Group Poolsure Quest Carpet Solutions RASA Floors Redi Carpet Resource Residential Roof Doctor Roto-Rooter Rougeux & Associates Securitas Shelter Corporation Sherwin Williams Signs Now Smart Painting South Texas Restoration, Inc. Stone Oak Land Design Sunterra Landscape Services Time Warner Cable Triton Renovation TruGreen Landcare UCS Valet Waste Vamvoras Ltd Westdale Asset Management World Wide Pest Control
You made this event possible!
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SAAAтАЩs
Online University SAAA has partnered with the National Apartment Association Education Institute (NAAEI) and CallSource to launch a universal online-based Learning Management System (LMS) that will be utilized across all NAA afямБliates.
On this new system, you can take online courses 24 hours a day without leaving your home or ofямБce!
Class List: s "ED "UGS s $EALING WITH $IFlCULT 0EOPLE s 3ETTING THE !PPOINTMENT s $ON T ,ET THE -OLD 'ET /LD s 0REVENTIVE (IRING s !RT OF 2ESIDENT 2ETENTION s -ARKETING WITH ,ITTLE OR .O -ONEY s &AIR (OUSING FOR -AINTENANCE s #USTOMER 3ERVICE THE -AINTENANCE 4EAM s #USTOMER 3ERVICE THE /FlCE 4EAM s $EALING WITH $IFlCULT 0EOPLE 3UPERVISOR 6ERSION s #OACHING FOR $EVELOPMENT s )MPROVING 4IME -ANAGEMENT 3KILLS s !RT OF "UILDING 4RAFlC
The courses are only $58 for SAAA Members and $68 for non-members 'O TO THE 3!!! WEBSITE AT WWW SAAAONLINE ORG CLICK ON THE %DUCATION TAB AND THEN THE /NLINE %DUCATION TAB FOR INSTRUCTIONS TUTORIALS AND MORE #LASSES CONTINUALLY ADDED CHECK THE WEBSITE FOR UPDATES 3PANISH VERSIONS AVAILABLE The RESIDENCE | www.saaaonline.org | May/June 2012 | 21
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Thursday
May 17, 2012 6:00 – 9:00 p.m.
La Hacienda de Los Barrios 18747 Redland Road
Don’t miss this event! Food, drinks and fun with friends! Contact cheryl@saaaonline.org for information!
A Diamond Sponsored Event!
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3/$7,180 63216256 Bexar Towing Vamvoras Plumbing GOLD SPONSORS Gratr Landscapes JMI Contractors /DZ 2IÀFH RI 'DYLG )ULWVFKH Preventaskip Roof Doctor Roto-Rooter 6,/9(5 63216256 %* 6WDIÀQJ Carpet Warehouse Cort HD Supply Impact Floors The Liberty Group Perico’s Mexican Restaurant Ryno General Contractor, LLC Signs Now %521=( 63216256 Alamo Tees Appliance Warehouse Asset Protection Insurance Agency, LLC Harper Painting & Construction, Inc. Implicity Management Lincoln Property Co. Ramming Paving Company Redi Carpet Valet Waste The RESIDENCE | www.saaaonline.org | May/June 2012 | 25
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newmembers
Welcome! OWNERS/MANAGEMENT Dallas Marston David Marston 10045 West Cave Loop Dripping Springs, TX 78620 (858) 366-2112
+L :D\ 2QH 6WRS ,QF David Currie 6135 S. FM 3465 No. 1 Adkins, TX 78101 (210) 649-2604
Newport Property Ventures Stuart Zook 3211 Ponce de Leon Blvd. Coral Gabels, FL 33134 (305) 529-3200
JS Property Management Renee Stemper 5335 Meadows Rd, Suite 350 Lake Oswego, OR 97035 (503) 697-3188
:HUHOGKDYH 86$ 6DQ $QWRQLR Ryan Baldwin 17101 La Cantera Pkwy San Antonio, TX 78256 (210) 691-3100 eilan.com
&RUQVRQ 3URSHUWLHV David Corson 607 Jackson St. Denver, CO 80206 (303) 322-0660
Ofelia V. Siordio Ofelia V. Siordio 321 Island Bay Dr. Coppell, TX 75019 (210) 710-3610 Anterra Management 12201 Merit Dr., Ste 270 Dallas, TX 75251 (972) 404-7100 anterra.com Paul & Shanna Silva 1042 Solitude Drive San Antonio, TX 78260 (210) 859-8443 Paulâ&#x20AC;&#x2122;s Sun Shine Apartments Paul Rodriguez 850 E. Sunshine San Antonio, TX 78288 (210) 735-4468 Hamilton Vista Apartments Michelle Justis & Ryan Hamilton 5826 Shadow Glen Apt. #1 San Antonio, TXb78240 (210) 460-6466
&HFLOH DQG )LGHO &DVWDQHGD Donna Miller 138 Ave. Del Rey Apt. E San Antonio, TX 78216 (210) 310-9893 3DUDGLJP RI )UHHGRP //& David Denison 205 Seford Dr. San Antonio, TX 78209 (210) 317-0537
ASSOCIATE MEMBERS Air 3000 Ruben Vidaurri III 7726 Montego Road San Antonio, TX 78250 (210) 320-3000 $ODPR &LW\ &RQVWUXFWRUV ,QF 1716 S. San Marcos. Ste 215 San Antonio, TX 78207 (210) 226-3100 www.alamocitycontstructors.com $XWKHQWLF &RQWUDFWLQJ 6ROXWLRQV Mitch Breeden 1845 Precinct Line Rd., Ste 218 Hurst, TX 76054 (817) 788-0763
%HKU 3URFHVV &RPSDQ\ Jason Aguilar 1525 E. Broadway Long Beach, CA 90802 (210) 273-0341 behrpro.com
1RUWRQ /HZLV 3ULQWLQJ ,QF James Hanson 722 Isom Road, Suite 3 San Antonio, TX 78216 (210) 340-4841 nortonlewisprinting.com
&DUSHW :DUHKRXVH Sean Cunningham P.O. Box 200806 Austin, TX 78720 (210) 289-1448 carpetwarehousetexas.com
Probugco Pest Management Randy Gordon 10315 Country Bluff San Antonio, TX 78240 (210) 319-4954 probugco.com
7KH &RPPXQLFDWLRQ 6RXUFH April Carley 241 Business 35 South New Braunfels, TX 78130 (830) 608-0974 communicationsource.com
3URSHUW\ 6ROXWLRQV ,QWHUQDWLRQDO Chase Harrington 1656 S East Bay Blvd., Ste 200 Provo, UT 84606 (832) 681-9900 propertysolutions.com
*HQXLQH &OHDQLQJ 6HUYLFHV Virginia Lopez 3043 Eagle Ridge San Antonio. TX 78228
5\QR *HQHUDO &RQWUDFWRUV //& David Moreno 10610 Belga Drive San Antonio, TX 78240 (210) 680-8764
The Home Depot, District 47 San Antonio & Seguin Scott Sweeney/ Ted Eickelberg The Home Depot Store #582 D/O 1066 Central Pkwy S. San Antonio, TX 78232 (210) 402-2404 . . 5RRĂ&#x20AC;QJ &RQVWUXFWLRQ Ronnie Allard 8301 Contrary Creek Rd. Grandbury, TX 76048 (877) 775-3257 NNURRĂ&#x20AC;QJ FRQVWUXFWLRQ FRP /RQJ $GYHQWXUHV //& Eric Long 9202 Lookout Mesa San Antonio, TX 78255 (210) 823-3741 furnishsa.com
Shavano Lawn Pros Chris Cooper 8111 Mainland, Ste 104-410 San Antonio, TX 78240 (210) 256-7767 Solutions Printed Lorie Bass 519 Carolina San Antonio, TX 78210 (210) 710-7476 solutionsprinted.com 7LWDQ /(' ,QF Larry Reinhold 16023 Ponderosa Pass Helotes, TX 78023 (210) 825-7593 titanled.net
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Whatâ&#x20AC;&#x2122;s the Value of Your SAAA Membership? Annual Investment in SAAAâ&#x20AC;&#x201D;$410 or $1.12 a day! $1.12 a day gives you the opportunity to shake hands with over 750 decision makers $1.12 a day grants you membership to not only SAAA, but the Texas Apartment Association & National Apartment Association $1.12 a day allows you access to over 360 rental property owners & management companies & the over 800 properties they represent (150,000 units)! $1.12 a day gives you the opportunity to exhibit your company at our Business Expo with close to 1,000 attendees, not to mention our other networking events held year round! $1.12 a day puts your target market right at your feet in terms of advertising.
Become a member & take advantage of what we can offer! -DQXDU\ Âą ,QVWDOODWLRQ RI 2IÂżFHUV February â&#x20AC;&#x201C; Casino Night/Industry Achievement Awards March â&#x20AC;&#x201C; Cook-Off/Maintenance Appreciation Day Mayâ&#x20AC;&#x201C; Spring Mixer July â&#x20AC;&#x201C; Bowling Tournament 6HSWHPEHU Âą %XVLQHVV ([SR (OHFWLRQ RI 2IÂżFHUV $QQXDO 0HHWLQJ RI 0HPEHUV 'DYLG *XLQ 0HPRULDO 3$& *ROI 7RXUQDPHQW Octoberâ&#x20AC;&#x201C; Business Exchange 'HFHPEHU Âą 3URSHUW\ 0HULW IRU ([FHOOHQFH $ZDUGV +ROLGD\ *DOD 30 | May/June 2012to | get www.saaaonline.org | The Contact Darlene more involved & RESIDENCE make the most of your membership! 210.692.7797 or darlene@saaaonline.org
10 Ways
To Become A Problem Solver
S
omething that we all seem to have in common is problems. Some see problems and give up immediately. Others thrash about or throw money at their problems with the predictable results that they continue without resolution, often getting worse. I have watched people carp, duck and hide, pull their hair, cry, lash out, etc. None of these produces the desired effect of solving the problem. Certainly, it never solves the problem in ways that are good for all parties involved.
by Deanna Mascle
#3 - Problem-solvers are capable of allying themselves with others so that if a problem goes beyond their personal abilities, they can make use of the talents of others.
People who aim to truly solve problems seem to have several traits in common. Here's my top 10 list of these traits. #10 - Problem-solvers get a good ďŹ x on reality. They do not spend a lot of time in dreamland, wondering about what coulda been or woulda been if things were different. Things are NOT different - problem-solvers know this and act accordingly. #9 - Problem-solvers do not gripe and do not make trouble for others. #8 - Problem-solvers are self-starters. They do not wait for someone else to point out that there is something wrong. And they don't wait for someone else to tell them how to ďŹ x it. #7 - Problem-solvers do not keep lists of grievances. Problem-solvers may keep a few objective examples of a problem to use as evidence when problem-solving discussions arise. #6 - Problem-solvers engage their imaginations to come up with new solutions that they can try out, and they have the guts to go forward as they test their solutions. #5 - Problem-solvers do not look to others for assurances that cannot be delivered. They know who does and does not make decisions, and try to work with those who do. #4 - Problem-solvers are nimble-minded, tough-love optimists who work tenaciously to solve the problems facing them.
#2 - Problem-solvers effectively juggle their entire load of problems so that they all get resolved. They don't let any one problem so dominate their attention (except in emergencies), that they can't multitask. Here they attend to one problem. A few minutes later they're busy solving another. They don't make everything else wait until something is solved completely. They work on multiple fronts as best they can. And the number one attribute of Problem-solvers: #1 - Problem-solvers go the extra mile to solve problems and to help others solve their problems. They value win-win solutions whenever they are possible.
Are you a problem-solver? Find more inspirational messages and quick inspirations at http://inspirationbydawggone.com/
The RESIDENCE | www.saaaonline.org | May/June 2012 | 31
Reprinted with permission from the 2012 TAA Education Conference.
32 | May/June 2012 | www.saaaonline.org | The RESIDENCE
THURSDAY, JULY 19 6:00 p.m. &RQWDFW FKHU\O#VDDDRQOLQH RUJ WR reserve your lane or for more information.
5DIÁH WLFNHWV WR EHQHÀW the 100 Club of San Antonio will be available for purchase at the tournament. Contact jeff@saaaonline.org for more information.
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34 | May/June 2012 | www.saaaonline.org | The RESIDENCE
David Fritsche
legalupdate
>Ăǁ KĸĐĞƐ ŽĨ Z͘ ĂǀŝĚ &ƌŝƚƐĐŚĞ
FORSEEABILITY: REVISITING YOUR RESPONSIBILITY TO WARN OF CRIMINAL ACTIVITY On March 2, 2012, a $20,000.000.00 judgment issued in favor of a tenant in Houston, Texas, as a result of the tenant being sexually assaulted within her unit. The fact scenario on which the judgment was based is as follows: 1.
Plaintiff resided in an apartment community in Houston.
2.
An attempted sexual assault occurred in another apartment in the community (which apartment happened to be next door to the Plaintiff’s apartment).
3.
The day after the incident, the community delivered a “Crime Alert Letter” to the residents at the property that utilized verbatim much of the language of the notice letter published in the Redbook; however, the notice failed to accurately describe the incident as a sexual assault and merely stated that “an apartment home in our community was broken into.”
4.
After subsequently receiving additional clarifying information as to the incident being a sexual assault, it appears that no supplemental notice was delivered to the residents to accurately describe the incident.
5.
Plaintiff was sexually assaulted in her unit.
Since 1998, case law in Texas regarding liability for the criminal acts of third parties on rental property has been extremely favorable to landlords. Three cases have touched on your duties when criminal acts occur on property: Timberwalk Apartments and Sovereign National Management Company vs. Cain, 972 S.W. 2nd 749 (Tex. 1998), Urena v. Western Investments, Inc., 122 S.W. 3d 249, 255 (Tex. App. – Houston [1st Dist.] 2003 (8 violent crimes over three-year period before sexual assault established recency and frequency), rev’d on other grounds, 162 S.W.3d 547, 550, 48 Tex. Sup. Ct. J. 556 (Tex. 2005) (reversing because no evidence of cause-in-fact)) and Trammell Crow Central Texas, Ltd. vs. Gutierrez, 267 S.W.3rd 9 (Tex. 2008). In Timberwalk, the Texas Supreme Court held that a landlord has no duty of care unless a criminal attack was foreseeable; the foreseeability test set forth in Timberwalk is based upon four factors: 1. 2. 3. 4.
Whether there is evidence that other crimes have occurred on or near the property; How recent and how frequent the crimes have been; The similarity of the crime in question to the prior crimes; and, The publicity regarding the prior crimes.
After applying these factors, the Court has the ability to determine whether the crime was foreseeable. The RESIDENCE | www.saaaonline.org | May/June 2012 | 35
legalupdate In the recent Houston case, it appears that it was alleged that the management of the property was aware of the prior attempted sexual assault but then failed to accurately supplement their notice after receiving clarifying information. From all indications, the failure to accurately to describe the event of which management was aware led to the jury’s verdict against the landlord. There will no doubt be an appeal of the case. The lesson of Timberwalk and its progeny and the verdict issued in Houston is a reminder to all landlords that appropriate policies and procedures need to be in place regarding criminal activity of which a landlord becomes aware. In that regard we recommend you revisit your company policy and be cognisant of the following: 1.
Have a specific company-wide policy regarding awareness and type of crime for which you intend to deliver notice to the tenants;
2.
Make certain your employees (particularly temps and part-timers) are aware of: i. ii.
3.
When utilizing a form of criminal activity notice for delivery to tenants similar to the one found on page 693 of the 2012-2013 Redbook, make certain the notification is: i. ii. iii.
4.
Your policy; and, A duty to report to a supervisor any knowledge they have regarding criminal activity that occurs on or about the property.
Accurate; Complete; and, Delivered to every resident throughout the complex (preferably with a witness).
When delivering notice of a serious crime, consider having counsel review or even draft the notice.
While many owners and managers struggle with the PR aspects of the delivery of criminal activity notifications, the knowledge of criminal activity of every employee and agent is imputed to the owner; consequently, a duty to advise residents of criminal activity based upon the company wide policy will arise in certain situations – make certain your policy is carefully followed. The author gratefully acknowledges factual background received from Howard Bookstaff of Hoover Slovacek for this article. © 2012 R. David Fritsche Law Offices of R. David Fritsche does not intend for the information contained in this article to be a substitute for legal advice; you should obtain counsel from your attorney regarding the information contained herein. David is an attorney with The Law Offices of R. David Fritsche, General Counsel to the San Antonio Apartment Association, Inc., and engages in the practice of landlord/tenant law and civil litigation. He can be reached at (210) 227-2726, facsimile (210) 227-5550, e-mail david@lawordf.com. 36 | May/June 2012 | www.saaaonline.org | The RESIDENCE
31st Annual David Guin Memorial
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Silverhorn Golf Course - 1100 W. Bitters
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RSVP & pay by Frid ay, Friday, Au for Ear g. 17 ly Bird Pricing of $150 p er player!
Cost includes: All green fees, breakfast and lunch, all beverages on the course, prizes, giveaways and the Hole-in-One Contest!
Save the date!
Thursday, September 20 New Location...Expo Hall at the Freeman...FREE Parking!
Contact cheryl@saaaonline.org for information on how to participate in the yearâ&#x20AC;&#x2122;s biggest event! The RESIDENCE | www.saaaonline.org | May/June 2012 | 37
independentrentalowners By Charles Dale, Jansen International LLC Multi-family properties in the Greater San Antonio area face numerous potential damages from various perils on a daily basis. The risk of fires is a well known exposure; however, as many can attest, San Antonio has experienced damage from hail storms, floods and even damage from hurricanes as they move inland from the coast. Taking the time to better prepare your organization for property loss is of critical importance in the apartment industry. Regardless of the type of peril that has occurred at a property, many issues arise such as resident safety, options for recovery, relocation of residents, liability issues, insurance coverage and possible loss of rental income. Whoever is in charge of the recovery must gather the experience of a lawyer, a public relations representative, a construction expert, an insurance expert and be a liaison among fire officials, residents and recovery service companies. Depending on your organization, this individual may be the property owner, a risk manager, a management executive or the supervisor of the property. A few ideas about contingency planning and risk management preparation can lessen the burden on the person in charge and expedite the recovery process for all involved. The following information describes key issues involved in the property claims process and typical coverage available. The following discusses the responsibilities of the insured and the insurance company and lists options available for those in the apartment industry, as well as steps you can take that will facilitate a quick and equitable recovery from your insurance carrier. PROPER INSURANCE COVERAGE If your property is located within a flood plain or coastal area where common carriers will exclude coverage for certain perils, you may have additional policies for coverage of flood and windstorm damage. These policies are typically underwritten by states or the federal government (through the National Flood Insurance Program) and many have predetermined limits of coverage. These limits often do not cover the value of 38 | May/June 2012 | www.saaaonline.org | The RESIDENCE
the entire property, and, in the event of catastrophic loss, financial loss can occur. Also, many policies are simply renewed each year without consideration for rehabilitation or upgrades made to the property. In this case, the valuations may be incorrect even though you may have a valid policy. The best rule of thumb is to contact your insurance agent if you feel that proper coverage is not in place and request an evaluation of your coverage in writing to best protect your interests. COMMON PROPERTY COVERAGE QUESTIONS s !RE POLICIES IN PLACE TO COVER YOUR EXPOSURE TO PERIL s )S THE POLICY IN FORCE s !RE COVERAGE AMOUNTS ACCURATE AND ON A REPLACEment cost basis? s !RE PROPER ENDORSEMENTS IN PLACE CODE UPGRADES loss of rents, etc.)? s 7HAT ARE YOUR POLICY S LIMITATIONS WHAT DO I DO NOW? Following any property loss, the primary focus should be on making certain that all people are safe and accounted for. Once the area has been secured and any injured people attended to, the insured should secure the property so that no one will be injured by entering the area. The next steps should involve protecting the property from further damage. Decisions made at this point can greatly affect your claim outcome, so proceed slowly and evaluate your best interests carefully prior to proceeding. This can be a challenge because our instincts suggest we act quickly to restore things to normal; however, it is important to think clearly. For instance, should the insured spend money protecting a property that is clearly a total loss? In many cases the insurance carrier may deny paying the expense because it was unnecessary to protect totally destroyed items. As any manager who has suffered a loss knows, numerous fire restoration or service companies will approach you and offer their services following a loss. Their marketing approach is understandably reactive in nature, but be cautious in your selection and take the time to investigate the firm if you do not know the company. Think twice before signing anything. We
independentrentalowners highly recommend securing written estimates before signing agreements and suggest staying away from “direct billing” agreements which allow companies to bill the insurance company directly. If your organization has a contingency plan in place, information on who to call and when to call them should be readily available. The plan should outline responsibilities for each stage of the recovery and should rely on certain areas of expertise to better respond to your organization’s needs. If a plan is not in place, attempt to assign your personnel with tasks that fit their levels of expertise and areas of responsibilities. It is important to note that it is the insured’s responsibility to measure and document their damage and present a formal demand for payment to the insurance carrier. While most businesses outsource their tax work or hire professionals to assist with acquisitions and other important financial matters, it is not uncommon for the insured to allow the insurance carrier to tell them what a loss is worth. While it may be easier for the insured this way, we do not recommend you approach your claim in this manner. It places the insurance company in too much control of your claim and your business matters. Also, numerous options are available to the insured following a loss, and the insurance carrier is under no obligation to inform you of paths that may be of more short- or long-term benefit to your organization. You may not want to rebuild the damaged property, or, you may want to rebuild using a different design or type of structure. These options can be accomplished in the claim process but a strategy should be in place prior to acting upon them. An insurance company also has certain responsibilities when a claim is presented. Within these responsibilities, it is understandable that the company may attempt to minimize their financial obligation in the loss while avoiding conflict with the insured. It is also understandable that the experience level of a seasoned insurance company adjuster can place the insured at a disadvantage in the process should a dispute arise. By carefully assessing the situation and being aware of the relationships within the process, you can protect your interests in the claim. Both the insurance company and you, the insured,
seek to avoid any drawn-out legal battle regarding the recovery. In such a case, no one is a winner, and many battles are lost as an insurance company’s resources can outlast even the most secure investor. If the insured takes a firm position and brings in the resources to assist in the assessment and valuation of damages while understanding that the insurance company adjuster is there to audit what is presented, the claim can be resolved equitably. IF PROBLEMS DO ARISE An insurance claim can be compared to a game of golf. It includes strategy, options for lowering your score and usually, the player who plays the game the most, wins. The one key element in this analogy is that most insureds are inexperienced with claims, and greeting them on the claim tee box is Tiger Woods wearing an insurance company cap. Through inexperience, misinformation or a lack of understanding of policy language, many become frustrated and end up in major claim disputes with insurance companies. Some problems are caused by simple differences in personalities, some are caused by unreasonable positions of the insurance company or by the insured’s inflated opinions of exactly what the insurance contract is responsible for. The insurance contract is very clear in its definition of what it will pay and not pay; differences typically arise in arguments over the value of materials, whether the material is restorable or should be replaced or other opinions as to the extent of the damages. Differences regarding regional wage and material values, debris removal, loss of rents based on a profit-and-loss analysis and the definition of cosmetic repair costs are also found in apartment claims. While some of these arguments are minor, it is not uncommon to see tens of thousands, if not hundreds of thousands of dollar differences in a significant apartment loss claim. Resources are available to an insured when a dispute with an insurance company arises. Within the policy, a provision called appraisal exists which allows dispute resolution between the two parties. In this process, appraisers are hired by each party to present their case to an unbiased umpire who will make a binding decision between the two. The cost for each appraiser The RESIDENCE | www.saaaonline.org | May/June 2012 | 39
independentrentalowners is the responsibility of each party to the dispute, and if required, the umpire fee is shared by both parties. Appraisal can be used for smaller dispute resolutions; however, the same attention to detail and outsourcing to credible resources should be considered prior to making your case. The insurance company is typically well prepared and supported with historical information in the process. A hastily prepared argument will most likely lose.
Charles Dale, SPPA is President of Jansen International, a firm of licensed insurance adjusters representing only the insured in property loss claims. Contact our San Antonio representative, Ralph Cicatello at rcicatello@jansenco.com or 210-646-0122. For more information, visit www.jansenco.com. SIDEBAR: TEXAS SENATE BILL 127 (SB 127) PUBLIC ADJUSTER LICENSING
Finally, an insured may consider hiring a licensed public adjuster to assist with the claims process. A public adjuster will measure and document the damage to structure and contents, analyze loss of rents, prepare the formal proof of loss and act as your consultant throughout the negotiation process. A professional public adjuster will apply all of the provisions of the policy to the loss at hand and will make certain that the recovery was complete, equitable and handled in a prompt manner. A qualified and licensed public adjuster will not submit inflated claims, which can delay the process or encourage disputes. Most are paid a small percentage of the recovery amount and are not paid until after the claim is settled, thus creating a common interest in a full and expedited recovery. No one wants to suffer a property loss, but as we all know, it can be a fact of life in the multifamily housing industry. Perhaps you are lucky and have dodged the bullet for years, perhaps you have been through the process many times before. In either case, taking a few minutes to organize a contingency plan and prepare for the worst may be helpful. You should evaluate and update your insurance policies, establish a strong management team to handle various tasks in the recovery process and strongly consider interviewing recovery firms so that a responsive relationship exists prior to a property loss. Also, a clear understanding of the roles and motivations of those involved in the claims process can be helpful as you approach the financial side of recovery. While we hope the process goes smoothly, knowing where to go when differences occur is good information and can perhaps help you if a dispute does arise. 40 | May/June 2012 | www.saaaonline.org | The RESIDENCE
After several years of lobbying efforts and in the wake of the recent mold crisis, The Texas Legislature has passed a law requiring licensure for public insurance adjusters. Public insurance adjusters, also known as loss consultants, assist insured clients with the measurement, documentation and negotiation of first-party property claims, contents inventory and business interruption accounting. Public insurance adjusters are hired to outsource the claims management for the insured client and do not represent insurance companies. Jansen International and other members of The Texas Association of Public Insurance Adjusters were instrumental in working with the governor’s office and Legislature to pass this bill. “We applaud this effort and are pleased with the outcome,” said Art Jansen Jr., president of the adjusters association. “This bill will bring a needed improvement in the professionalism and credibility of our industry.” If an SAAA member should suffer a property loss and seek to outsource this function, they should always ask for proof of licensure and a formal proposal for services and check the company’s references. More information and a copy of the bill can be found at www. tdi.state.tx.us/index.html or by contacting charlesd@ jansenco.com.
The RESIDENCE | www.saaaonline.org | May/June 2012 | 41
42 | May/June 2012 | www.saaaonline.org | The RESIDENCE
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