LIFESTYLES
3rd Quarter 2015
www.caitenn.org
In This
Issue
What Happens Now?
Nutrient Managment in
Ponds and Lakes
Trade Show Highlights
IT IS
STILL AN
THE EPIDEMIC
CAN BE
ENDED
NashvilleCARES.org
Let’s Change the Facts.
2
TENNESSEE COMMUNITY LIFESTYLES
From
the President
by John Hensley, Associa Tennessee Property Management
T
he holidays are upon us! For many of us, this time of year
provides ample opportunity for reflection and gratitude. It’s
a season for looking at the bigger picture and focusing on what
matters most in life. As temperatures get colder and we are
driven inside by the weather, we are bound to be even more
thankful for our safe homes and communities.
I have been so fortunate to have served as the CAI Tennessee Chapter President
over the past year. It has given me a better understanding of how great of an
organization this is. I will continue to be actively involved in this great organization
and challenge each of you to volunteer for one of our committees and eventually
serve on the Board. It will give you a better perspective on the challenges we face
and the opportunity to assist in the decisions that ultimately affects each of us in
the industry.
Thanks to each of you for allowing me the privilege to serve as the leader of the
best trade organization in the world, CAI! l
2015 OFFICERS
TENNESSEE CHAPTER
OF CAI
PRESIDENT
John Hensley, CMCA, AMS, ARM, PCAM
Associa Tennessee
jhensley@morrisproperty.com
PRESIDENT-ELECT
Jeff Stockton
ApexWorks
jeff@apexworks.com
VICE-PRESIDENT
Scott Weiss, Esq.
Weiss & Weiss, Attorneys at Law
scott@peteweisslaw.com
SECRETARY
Amy Groves
Brickman Group
amy.groves@brickmangroup.com
TREASURER
Henry Puckett, CMCA, AMS
Ghertner & Co.
henry.puckett@ghertner.com
BOARD MEMBERS
Hard Candy Christmas
with CAI
Friday, december 4
Omni HOtel
cOcktails 6:00-7:00 p.m. • dinner 7:00 p.m.
$85 per persOn
rsvp tO inFO@caitenn.Org
Broadway Ballroom, Sections A-D, located on the 2nd floor. Exit the
elevator/escalators to the right, past Broadway G-K, turn right again.
Parking:
Valet parking $14 discounted rate per
vehicle; also Premier Parking across
the street from the hotel
Steve Baker, Esq.
Waller, Lansden, Dortch & Davis
steve.baker@wallerlaw.com
Andy Gass, ARM
Timmons Properties
agass@timmonsprop.com
Bruce Guthrie
Land Corps
bruceg@land-corps.com
Michael Hagewood, CMCA
First Service Residential
michael.hagewood@fsresidential.com
Scott Hebrank
Volunteer
shebtaz@yahoo.com
Matthew Komisky, CMCA, AMS, PCAM
Paragon Management Group
matthew@paragontn.com
Jamie Rothberg
Fridrich, Pinson & Rothberg
jrothberg@fprinsurance.com
Taylor White
Langley & Taylor Pool Corp.
taylor@langleyandtaylor.com
Gerald Wigger, Esq.
Ortale, Kelley, Herbert & Crawford
gwigger@ortalekelley.com
CHAPTER OFFICE
Letter
from the Chair
by Matthew Komisky, Publications Chairperson
I
hope you find this newsletter informative about the Tennessee Chapter
and also a resource with the articles and the advertising. I’m always
searching for new articles that are relevant to the industry and especially the
Tennessee market. If you have suggestions for the newsletter or want to
submit an article, please contact me via email at matthew@paragontn.com.
I would like to thank Jenny at Lewis Letterworks for her hard work on the
newsletters and the directory. I certainly couldn’t do this without her help!
3RD QUARTER 2015
Faye Ellis, CED, CPM
211 Donelson Pike, Suite 106
Nashville, TN 37214
(615) 874-0031
Fax (615) 874-0033
fellis@caitenn.org
www.caitenn.org
Community Lifestyles is published by the Tennessee
Chapter of the Community Associations Institute.
Names and addresses of our members can change. If your
contact name, address or phone number changes, please
go to addresschanges@caionline.org to update.
3
GENERAL CONTRACTOR
Specializing in Property Management Maintenance
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ROOFING • GUTTERS • FENCING
FLOORING • PRESSURE WASHING
PAINTING • DRYWALL REPAIR
CLUBHOUSE RENOVATION
CONCRETE AND BLOCK WALLS
BRICK REPAIR
GRANITE • TOTAL REMODELS
1308 Gallatin Ave. • Nashville, TN 37206
615.750.2441
MANAGEMENT
Pool Staffing Services
Certified Lifeguards + Monthly Skill Reviews
Facility Specific Check-In & Maintenance Policies
MAINTENANCE
Highly Trained Maintenance Pool Technicians
Health Inspection Ready At All Times
Quality Controls To Assure Peak Operating Capacity
CONSTRUCTION All Aspects of Pool Construction
Re-plastering
Tile, Concrete & Mechanical Systems
SERVICE
Motors, Pumps, Valves, Light Fixtures
Re-plumbing
Your VGB Experts!
REAL ESTATE SERVICES
2409 Cruzen Street
Nashville, Tennessee 37211
Nicki Clark, AMS, CMCA, Property Manager
nicki@apexventuresinc.com
Ethan Hodge, Property Manager
ethan@apexventuresinc.com
Russell Johnson, Property Manager
russell@apexventuresinc.com
PROGRAMS
Swim Lessons
Swim Team
Neighborhood Parties
Leslie McClain, Property Manager
CHEMICALS
Offering the Best Chemicals To Keep
Your Pool Safe & Sanitary
Bus: (615) 255-2703
Fax: (615) 255-2728
leslie@apexventuresinc.com
615.244.9008
www.LangleyAndTaylor.com
4
TM
Sales • Leasing • Management
TENNESSEE COMMUNITY LIFESTYLES
What Happens Now?
by Scott D. Weiss, Esq., Weiss & Weiss
A condominium board is receiving complaints from unit
owners about second-hand cigarette smoke emanating
from within a unit owner’s unit into adjacent units. The
board wants to put a stop to the second-hand smoke
but is afraid that it will violate an owner’s rights…“What
Happens Now?”
ost association governing documents (usually in the
By-Laws) give express power to the Board to adopt
rules and regulations which govern the administration,
management, operation and use of the common elements.
This power allows the Board to adopt restrictions which
regulate behavior, use of amenities and common areas
within the association, and impose fines to enforce violations. The association Master Deed and By-Laws also normally have provisions within them on how to amend these
documents.
Tennessee’s Non-Smoker Protection Act (the “Act”)
prohibits smoking in public buildings, museums, banks,
child care facilities, elevators and pretty much any place
else which is “customarily used by the general public.”
Violations of the Act are punishable by fines. The Act,
however, expressly excludes private homes and private residences. So how can an association protect its members?
Membership in associations is created by the accep-
M
tance of a deed for a unit within the association. The association members or the association, through its elected
board, may vote to make the condominium common areas
and/or individual units, smoke-free by either amending
the association master deed or adopting rules and regulations which prohibit smoking, and defines second-hand
smoke as a nuisance, the violation of which is enforceable
in the same manner as other restrictions in the governing
documents.
So that existing owners and occupants who wish to
smoke are not unduly burdened, smoking restrictions may
identify designated smoking areas within the association.
In the alternative, the association may adopt a complete
ban on smoking anywhere (including within individual
units) within the association property.
All rules and regulations should have a violation notice
requirement, reasonable fine policy and enforcement
provision. Once the members vote to amend the master deed or the Board adopts Rules and Regulations, the
document created by the association attorney should be
recorded at the County Register of Deeds’ office, and a
copy should be mailed to all owners. If the association has
a website, a copy of the recorded document should be
posted there as well. l
Southeast’s Premiere Multi-family and
Commercial Contracting Firm
Complete Rebuild and Emergency Services
FIRE • WATER • WIND • HAIL
REMODELING
Chattanooga 423.710.3747
Nashville 615.873.4631
www.summitpr.net
3RD QUARTER 2015
5
W. LEE CORBETT, P.C.
Attorney at Law
Excellence in Community Association
Management Since 1968
Suite 1050 American Center
3100 West End Avenue
Nashville, Tennessee 37203
Direct615-385-2300
Facsimile 615-383-5556
E-Maillcorbett@corbettcrockett.com
Websitewww.corbettcrockett.com
6
TENNESSEE COMMUNITY LIFESTYLES
Nutrient Management in Ponds and Lakes
by Shannon Junior, Aquatic Ecologist and Regional Leader
I
t is a sad fact that ponds and lakes begin to die on the
day that their construction is completed. When flowing
water is captured behind a dam embankment, sediment,
nutrients, and other pollutants settle to the bottom of the
basin and are left behind in the pond, and the cleaner
water leaves through the outlet structure. So the fate of
the stormwater management ponds in our communities is
that they become impaired over
time because of their function to
filter runoff and protect downstream water resources. This process of nutrient accumulation and
pond aging is known as eutrophication, and eutrophic ponds
can become a maintenance
nightmare.
Unfortunately, ponds and lakes
that become over enriched with
nutrients are more susceptible
to cyanobacteria and nuisance algae blooms, surface
biofilms, excessive submersed plant growth, and related
oxygen depletion. That “ugly pond” in your community
is likely suffering from a severe case of nutrient pollution.
Mitigating the effects of nutrient loading is the key factor
in successful lake management programs, with phosphorus
being the primary concern.
Integrated Pest Management strategies for nuisance
aquatic vegetation and algae control include preventive approaches to minimize the amount of nutrients and
sediment entering waterbodies. Whenever possible, it is
recommended to integrate sustainable, proactive practices into long-term pond management plans in order to
improve water quality and minimize the quantity of pesticides required to maintain healthy and attractive ponds
and lakes. Unfortunately, though, many of the nutrient
inputs to stormwater ponds come from outside of the community and cannot be controlled. And while preventive
strategies are widely implemented, they are inadequate to
restore ponds that are already impaired. Physical removal
of unconsolidated sediment and the associated nutrients
(i.e., dredging) is the most direct mitigation strategy and
will ultimately be required for every stormwater pond,
although it is a major process and can be cost-prohibitive.
There is a new technology available for pond restoration
that results in the permanent inactivation of phosphorus.
SOLitude was fortunate to be among the first companies
in the U.S. to have the opportunity to use an innovative phosphorus binding product called Phoslock. When
Phoslock is applied to a pond, phosphorus is permanently
removed from the water column, and improves water quality by resetting the eutrophication clock. The product is
completely safe for use in the aquatic environment, with
no adverse effects on fish, macroinvertebrates, or other
wildlife.
3RD QUARTER 2015
In order to implement the most effective phosphorus
mitigation strategy with Phoslock, laboratory testing is recommended to assess the water quality entering and within
the pond, including the phosphorus levels in both the
water column and the sediment. But even when laboratory
test results are not available, the product can be applied
at a moderate baseline rate on an annual basis as part of
an ongoing pond management
program. In order to evaluate the
effectiveness of this strategy, we
applied Phoslock to 100 ponds in
2012, and developed an objective rating system to quantify the
results.
Since laboratory test results
were not available for these
ponds, we instead assessed the
management inputs (i.e., labor
hours and product quantities)
required after the Phoslock applications compared to
historical programs as an indicator of phosphorus, tropic
status (i.e., ecological age) and water quality. Our assumption was that more eutrophic ponds with poor water quality would require more management inputs compared to
ponds with better water quality.
For ponds where there was no obvious difference in
water quality and management inputs after the Phoslock
application, we used a rating of “Neutral.” Ponds where
there was an improvement in water quality and reduction
in management inputs were rated as “Positive,” and ponds
with a significant improvement in water quality and a 50%
or greater reduction management inputs were rated as
“Excellent.”
We observed Positive to Excellent results in 83% of the
ponds (49% Excellent, 34% Positive) and the remaining
17% were rated as Neutral. As an example of improving the trophic status and water quality over time with
repeated applications of the product, one pond had a 50%
reduction in management inputs in 2012, an 85% reduction in 2013 and a 99% reduction in 2014 compared to the
2011 program.
Moving forward, we will continue to integrate Phoslock
as part of our management programs to reduce phosphorus, improve the trophic status and ultimately improve
water quality in our clients’ ponds and lakes. Although
Phoslock is not always less costly than herbicides from a
short-term financial standpoint, we feel that a more environmentally sustainable strategy is the best value that we
can provide for a long-term management program. l
Shannon Junior is an experienced Aquatic Ecologist with SOLitude Lake
Management and can be reached at sjunior@solitudelake.com. SOLitude
Lake Management is committed to providing full service lake, pond and
fisheries management services that improve water quality, preserve natural
resources, and reduce our environmental footprint.
Learn more at www.solitudelakemanagement.com.
7
2015 Tra
8
TENNESSEE COMMUNITY LIFESTYLES
ade Show
3RD QUARTER 2015
2015
9
Law Office
Hall & Associates
M. Wesley Hall III
of counsel
Nathan C. Lybarger
Thomas Patrick Wall III
LandlordAdvocate®
223 Madison Street • Suite 212 • Madison, TN 37115
6 1 5 . 8 6 8 . 4 1 0 1 • Fa x 6 1 5 . 8 6 8 . 3 8 9 3
10
TENNESSEE COMMUNITY LIFESTYLES
July, August & September Luncheons
3RD QUARTER 2015
11
12
TENNESSEE COMMUNITY LIFESTYLES
Commercial • Industrial • Residential
CONSTRUCTION
AND
REPAIR SERVICE, INC.
Free Inspection, Consultation,
and Recommendation
All Types of Roofs
www.reliableroofing.net
Eddie M. Patterson, Owner
399 Haywood Lane
Nashville, TN 37211
Nashville 615-333-3653
Murfreesboro 615-895-7042
Locally Owned and Operated Since 1990
3RD QUARTER 2015
13
2015 Committee Chairs
annual sponsorships
Scott Ghertner
Ghertner & Company
scott.ghertner@ghertner.com
charity
Pat Walker, Chair
Timmons Properties, Inc.
Amy Groves, Co-Chair
Brickman Group
Michael Hagewood, Co-Chair First Service Residential
pwalker@timmonsprop.com
amy.groves@brickmangroup.com
michael.hagewood@fsresidential.com
education
Kathleen Sutherland, Chair
Linda Ivey, Co-Chair
Ghertner & Company
Timmons Properties, Inc.
kathleen.sutherland@ghertner.com
livey@timmonsprop.com
golf tournament
Jeff Stockton
ApexWorks
jeff@apexworks.com
holiday dinner
Pat Walker
Timmons Properties, Inc.
pwalker@timmonsprop.com
legislative action
Scott Ghertner
Ghertner & Company
scott.ghertner@ghertner.com
membership
Bruce Guthrie
Land Corps
bruceg@land-corps.com
publications
Matthew Komisky
Paragon Management
matthew@paragontn.com
social
Pat Walker, Chair
Timmons Properties, Inc.
Michael Hagewood, Co-Chair First Service Residential
pwalker@timmonsprop.com
michael.hagewood@fsresidential.com
speakers/special events
Andy Gass
Timmons Properties
agass@timmonsprop.com
trade show
Taylor White, Chair
Henry Puckett, Co-Chair
Langley & Taylor Pool Corp. taylor@langleyandtaylor.com
Ghertner & Co.
henry.puckett@ghertner.com
Thank You To Our
2015 Luncheon Sponsors!
January
LSI
February
Langley & Taylor Pools
March
CertaPro Painters of Nashville
April
Ecoplay Playgrounds
May
Alliance Association Banks
June
Construct-All, USA, Inc.
July
Greater Nashville Pool
Management
August On-Site Engineering
September
Quality Tree Surgery &
Landscape
October
Community Tree Preservation
14
TENNESSEE COMMUNITY LIFESTYLES
2015 CAI Annual Sponsors
m
u
n
i
t
a
l
P
Gold
r
e
v
l
i
S
ronze
B
3RD QUARTER 2015
Brickman Group
Community Management Associates, Inc.
Doc Air
Echo Construction, LLC
Fridrich Pinson & Rothberg Insurance
Greater Nashville Pool Management
Hall & Associates
Summit Property Restoration
Associa Tennessee Property Management
CertaPro Painters
Construct-All USA
Ghertner & Company
Langley & Taylor Pool Corporation
Miller Dodson
Sentry Management
Alliance Association Bank
Apex Ventures, Inc.
BB&T Association Services
Case Cleaning & Restoration Company
CertaPro Painters
Law Office of Corbett & Crockett
Alvin Harris, Esq.
OnSite Engineering
Paragon Management Group
Reliable Roofing Construction & Repair Service
Renovia
Roger Perry, P.C., CPA
Sweetwater Pools
Timmons Properties
Weiss & Weiss, Attorneys at Law
Home Shield Pest Control | The Howarth Group
Northwest Exterminating | Puryear Farms
Robins Insurance | Russell Landscape Group
Quality Tree Surgery, Inc. | Union Bank HOA Services
Waller, Lansden Dortch & Davis, LLP
15
PRSRT STD
U.S. Postage
PAID
Nashville, TN
Permit No. 380
211 Donelson Pike, Suite 106
Nashville, TN 37214
Jamie Rothberg
of
Fridrich, Pinson & Rothberg Insurance Agency
Specializing in writing habitational risks including:
Apartment Associations
Condominium Associations
Homeowners Associations & Cooperatives
Office Condominium & Cooperatives
Thanks to the Tennessee Chapter of the Community Associations Institute
for its patronage throughout the year.
Fridrich, Pinson & Rothberg Insurance Agency
3825 Bedford Avenue, Suite 203 | Nashville, TN 37215
phone 615-327-0105 | direct 615-277-1483 | fax 615-321-0880
email: jrothberg@fprinsurance.com