FAL L 2 0 1 3 I S S U E THE BEACON A CHAPTER OF THE COMMUNITY ASSOCIATIONS INSTITUTE (CAI) Look inside for some useful handouts that were distributed at the Annual Symposium & Expo!! CHANGE OF ADDRESS We are now located at 1985 Fairfax Rd Annapolis, MD 21401 See more pictures from Community Feud on page 13 Leaning Away From Liens 2013 PLATINUM SPONSORS Atlantic Maintenance Group, LLC Becht Engineering BT D. H. Bader Management Services, Inc. Falcon Engineering, Architecture & Energy Consultants MainScapes, Inc. Minkoff Company, Inc. Community Association Banc/ Mutual of Omaha Bank Palmer Brothers Painting & General Contracting As of October 1, 2013, new legislation (Maryland House Bill 286 and Maryland Senate Bill 161), which limits a community association’s ability to foreclose on a lien against a delinquent homeowner and collect fines and attorney’s fees as part of the lien became effective. Under this new law, a community association can foreclose on such a lien only if the damages secured by the lien consist solely of delinquent assessments and “reasonable costs and attorney’s fees directly related to the filing of the lien,” and such costs and fees cannot exceed the amount of the delinquent Quiza Management SoLitude Lake Management, Inc. SPC, a Division of Alarm Tech Solutions Wallace H. Campbell & Co., Inc. GOLD SPONSORS American Community Management, AAMC BB&T Association Services Brickman Chesapeake Landscape & Design Hileman & Williams, P.C. assessments. This legislation is problematic because it precludes the possibility of a community association’s foreclosure on any lien which seeks to recover late fees, interest, fines, and collection costs (such as attorneys’ fees for collection efforts prior to, or in addition to, the preparation and filing of the lien) from a delinquent lot owner or unit owner. Most liens currently filed by community associations seek to recover late fees, interest, fines and collection costs because such collection is authorized by their governing documents. continued on page 3 Nagle & Zaller, P.C. U.S. Lawns of Northern Maryland Whiteford, Taylor & Preston, LLP EDUCATION SPONSORS Atlantic Maintenance Group, LLC Continental Pools MainScapes, Inc. Pro Painting & Contracting ServPro of Annapolis/Severna Park SmartStreet Structural Rehabilitation Group In This Issue President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Members in the News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Platinum Sponsor Showcase An Interview with SoLitude Lake Management . . . . . . . . . . . . . . . . . 6 Preparing for the Insurance Adjuster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Winterizing Vacant Units & Preventing Ice Damming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Dog Waste, An Environmental and Community Health Concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Bright Side of Condominiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Platinum Sponsor Showcase An interview with Minkoff Company . . . . . . . . . . . . . . . . . . . . . . . . 11 2013 Annual Symposium & Expo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2013 Expo Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2013 Expo Sponsors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Big Winners at the 2013 CAIRC Expo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Useful Handouts from 2013 Expo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Ask the Beacon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 CAI National News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 New Designation Recipients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2013 Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover Many thanks to our Board of Directors who have made 2013 a great success! EXECUTIVE BOARD President . . . . . . . . . . . . . B. K. Wallbrunn Community Management Corp. President Elect . . . . . . . . Judyann Lee Linowes & Blocher, LLP Vice-President . . . . . . . . Gary Saylor Atlantic Maintenance Group, LLC Treasurer . . . . . . . . . . . Jonathan Strauss Strauss & Associates, P.A. Executive Director . . . . . Camille Cimino DIRECTORS Neil Alioto, Eden Brook Condominiums Sari McLeod, Complete Management Services Kara Permisohn, Minkoff Company John K. Taylor, Roland Springs HOA FINANCIAL ADVISORS Strauss & Associates COMMITTEE CHAIRS Tara Laing and Erika Grden Legum & Norman—Resorts Division Educational Programs Jonathan Rosenberg On-Site Registration . WP&M Real Estate Group EXPO . . . . . . . . . . . . . Ellen Throop Elmore, Throop & Young, P.C. Golf . . . . . . . . . . . . . . Scott Karam Palmer Brothers Painting & General Contracting Dave Caplan Community Association Management Holiday Social . . . . . . Valerie Robinette, Community Management Corporation Internet . . . . . . . . . . . . B.K. Wallbrunn Community Management Corporation Maryland Legislative Action Committee . . . . . Phyllis Marsh, homeowner Membership . . . . . . . . Ted Porter PuroClean Newsletter . . . . . . . . . . Vicki Eaton Community Management Corporation Nominating . . . . . . . . . Kara Permisohn Minkoff Company Social Events . . . . . . . Shannon Irizarry Victory Management DelMarVa . . . . . . . . . CAI CHESAPEAKE REGION CHAPTER Camille Cimino, CED Kelly Cook, Membership Manager Angela Guaragna, Membership Associate 1985 Fairfax Rd, Annapolis, MD 21401 410/540-9831 • 410/540-9827 (fax) Email: contact@caimdches.org • www.caimdches.org From left to right: Kara Permisohn, Minkoff Co; John Taylor, Homeowner with Roland Springs HOA; Judyann Lee, Linowes & Blocher, BK Walbrunn, Community Management Corp.; Neil Alioto, Eden Brook Condo.; Sari McLeod, Community Management Services. Not pictured: Gary Saylor, Atlantic Maintenance Group and Jon Strauss, Strauss & Associates. 2 This publication attempts to provide CAI’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. CAI 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. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Permission to reprint articles in Beacon may be granted only after receiving prior written approval from the CED of CRC/CAI. President’s Message Thank you to everyone that participated at the Chapter’s October 29, 2013 Annual Symposium & Expo. The theme, “Community Feud” was a tremendous hit! Good humor accompanied a sound educational message. The afternoon breakout sessions included discussions from the morning session presentations, Liens and a LAC Update & Forecast. Each session was very well attended. 211 of the attendees joined us at the Wrap Party which included music by D.J. Steve. The end result was good food, conversation and great fun! November 22, 2013 is the Chapter’s Holiday Social. Please be reminded that the Chapter’s Annual Meeting will be held prior to the Holiday Social. Please mark your calendars and come and enjoy a fun evening with music, food and drinks. The Chapter will recognize the volunteers and sponsors that have worked hard, supported and contributed to the Chapter throughout the year. Please visit the Chapter’s website at www.caimdches.org to register. If you hold the CMCA designation, please note that the National Board of Certification for Community Association Managers (NBC-CAM) which is the organization responsible for administering the Certified Manager of Community Association (CMCA) credential is now the Community Association Managers International Certification Board (CAMICB). The change was effective August 1, 2013. Mark your calendars and consider attending the National CAI 2014 Annual Conference and Exposition. It is being held May 14-17, 2014 at the Loews Royal Pacific at Universal Orlando. Please visit the CAI National website to register and obtain additional information regarding this event. Please be sure to visit the Chapter’s website at www.caimdches. org. The website houses many items that would be of interest to each of you. Check out the pictures; see who the Committee Chairs are, the annual calendar of events, past Beacon Newsletters, membership information, Chapter Bylaws and many other items past and present. I would encourage each of you to continue to pursue educational opportunities through CAI, this quote says it all: “Anyone who stops learning is old. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young.” —Moshe Arenas As Association Managers, Volunteer Board Directors, Committee Members, Homeowners or Business Partners we find ourselves dealing with many situations that require knowledge. I would like to encourage each member to attend the Chapters educational programs which include Breakfast Seminars, the Expo and many other courses taught throughout the year. If you have ideas for educational seminars that you would like to suggest, please let myself or the Chapter office know. I am very grateful for the opportunity to have served the Chapter. If I can be of assistance to you, please let me know. B.K. Wallbrunn, CMCA®, AMS®, PCAM® President, CAI Chesapeake Chapter bkwallbrunn@cmc-management.com Community Management Corporation An Associa Member Company Website: www.cmc-management.com Associa—The Nation’s Leader in Community Association Management continued from cover The legislation was proposed to prevent perceived abuses by associations that were foreclosing on liens based merely on fines and/or legal fees. For example, a homeowners association placed a lien on a property based on $50,000 in attorney’s fees and fines against a homeowner who failed to get prior approval from the association before putting in a new driveway that had been approved for other owners in the community. Preventing such abuses is laudable, however sometimes well-intentioned legislation can have unintended consequences, as is the case with this new legislation. Associations are now left with a lot of ambiguity regarding what can be included in their liens and what costs are ultimately recoverable in a foreclosure action. For example, can an association seek to recover late fees, interest, attorney’s fees and costs that are not specifically related to the filing of the lien as part of a foreclosure sale (e.g., preparing and sending notices, preparing and filing foreclosure pleadings, conducting the sale, and preparing and filing post-sale accounting)? It is also unclear what would be considered reasonable costs and attorneys’ fees directly related to the filing of the lien, other than the fact that it cannot exceed the total amount of delinquent assessments. In addition, this legislation is inconsistent with the Maryland Condominium Act and certain provisions of the Maryland Contract Lien Act, which permit association liens to secure such amounts if they are allowed under the association’s governing documents. It also raises the question, what are considered “reasonable” attorney’s fees? These are all questions that have yet to be answered since this legislation just went into effect on October 1, 2013. The law will be applied prospectively and does not affect any liens that were filed prior to October 1, 2013. It also does not affect an association’s ability to file a lawsuit against a delinquent owner to recover such sums. In the meantime, associations and their attorneys must tread lightly when it comes to collection efforts that involve filing liens and foreclosing on such liens. As a result, foreclosure may no longer be the best option for associations that are looking to recover all of the sums that are permitted under their governing documents, especially those with smaller annual assessments. Associations should discuss these limitations and other options and strategies for collection enforcement with their attorneys. By Judyann Lee, Esq., Linowes and Blocher LLP Judyann Lee is an attorney at Linowes and Blocher LLP and represents community associations. She may be reached at (301) 961-5234. 3 Members in the News John Mcelderry Promoted to Chief Operating Officer American Community Management, Inc. Amanda Lande Promoted to Vice President At American Community Management, Inc. American Community Management (ACM) is proud to announce the appointment of John McElderry to the position of Chief Operating Officer. John will direct the day to day community management business of the company while working with President Mel Herzberger in developing ACM’s innovative community management systems. Congratulations to Amanda Lande who has been promoted to Vice President of Administration and Customer Service at American Community Management, Inc. Amanda has been with ACM since 2010 with her most recent role as Marketing Director. She will lead the administrative team providing administrative and website services for more than 200 community governing Boards of Directors and 26,000 customers in Maryland. In addition to earning his B.S. in Marketing and his M.B.A. in Finance from LaSalle University, McElderry shares ACM’s commitment to continuing education, earning the certifications of Project Manager Professional and Certified Manager of Community Associations. John has had the opportunity to manage several ACM communities over the past year and has had first hand experience serving in various board positions within the South River Landing community association. American Community Management, Inc. is a full service administrative management services company assisting 200 Condominium, Homeowners Associations and Cooperative Housing Corporations in central Maryland. The company has offices in Hanover and Timonium Maryland. website: www.communitymanagers.net email: staff@communitymanagers.net www.chesapeake-landscapes.com MHIC # 125723 Crofton, Maryland Chesapeake Landscape & Design, Inc. Landscaping, Grounds Maintenance, Irrigation, Annuals, Turf Management, Drainage & Erosion Control, Hardscaping, Holiday Lighting & Decorations, Reforestation & Wetland Mitigation, Snow Removal, IPM Crofton, Maryland Fairfax, Virginia 800.659.6868 www.chesapeake-landscapes.com 4 PM + Specializing in Reserve Studies Since 1990 Serving Washington Metro & Chesapeake Chapters (Office in Arnold, MD Ben Ginnetti, PRA, RS, P.E. pmplusreserves@cox.net T (703) 803-8436 www.pmplusreserves.com F (703) 378-0433 PLATINUM SPONSOR SHOWCASE ˉ Litude Lake Management Interview The SO with Kevin Tucker, President and Owner. weed control, fountains and aeration systems, lake mapping and bathymetric studies, water quality testing and monitoring, and related professional recommendations and education. Our programs are tailored to each site and designed to promote sound environmental stewardship, and create credible long term solutions that work to maintain ecological balance, all while ensuring our clients have met their regulatory compliance requirements. Interviewed by Randy Summers of CMC/Associa Corporation. SOLitude Lake Management was created in 1998 with the focus of making water healthier and fulfilling a need for adequate management of storm water retention ponds and lakes and preserving natural resources. Kevin Tucker, President and Owner, is a native of Southeastern Virginia and a graduate of James Madison University, with a degree in business management, with a concentration in finance. Kevin is recognized, in the industry, as an expert in lake, pond and freshwater systems and invasive aquatic plants management, as well as, a published author and frequent speaker at trade and professional shows and conferences. Randy:Good afternoon Kevin, thank you for taking the time to grant this interview, let me ask you, what three words could be used to describe SOLitude Lake Management? Randy:Very impressive, and may I ask, what is one of your key motivators for coming to work each day? Kevin:I love nature and I love water. Combine that with the opportunity to work with a client to develop a long term solution for their specific issues, “pushing the envelope” and being proactive, rather than reactive, on advancements in technology, ecological issues, and improving water quality. Randy:You’re an active member of several organizations, accomplished speaker for professional trade show and conference events, published author and, I believe, a Board member for several professional associations, so…dare I ask, do you have any free time, and what hobbies do you enjoy, to relax during that time? Kevin: C lient Relationship Focused. Our clients are priority one for us, to create new business relationships and maintain great relationships with our current clientele. We enjoy communication and educating our clients, on the latest technologies, innovations and ecologically sound solutions related to our industry. SOLitude Lake Management is one of the most seasoned local companies in the Delmarva Peninsula and Tri State area. Our service area ranges from South Carolina up through New York/New Jersey and sometimes even beyond. Kevin:I enjoy time with my wife and kids, surfing, kayaking, whitewater rafting, hiking, biking, camping and supporting my three children, who are actively enrolled, and participate in, competitive travel soccer programs. Randy:Would you please elaborate on the different services SOLitude Lake Management offers? Randy:And in conclusion, what would you consider a significant accomplishment for SOLitude Lake Management, to date? Kevin: Yes, we have a highly trained, experienced and well educated staff consisting of environmental scientists, aquatic biologists, ecologists, fisheries biologists and related professionals who are committed to a high level of service. We provide our clients comprehensive lake and pond management strategies, fisheries management, BMP maintenance, algae and aquatic Kevin: 6 Randy:One of the organizations that you’re active in, is CAI. What’s your favorite CAI event? Kevin: he Expo. Having an opportunity to see existing T clients and explore how we can develop those relationships, while enjoying the educational opportunities the event affords. ccumulating an incredibly talented staff, their A knowledge and quality of work in this field, makes each day enjoyable. Randy:And that compliment reflects well on the SOLitude staff. Kevin, thank you again for the time and the interview, it’s been a pleasure. Preparing for the Insurance Adjuster When a property incurs structural damage, causing an insurance claim, a property manager has dozens of issues to handle at one quick moment. You must prioritize tasks immediately, and insure that every item is properly managed. Most stressful are the multitude of questions you, the property manager, must be prepared to answer. Being prepared for these questions, and for the loss, will alleviate much of the headache of having an insurance related property loss on your project. knowledge in their report. Other than these items, most information needed by the insurance adjuster can be prepared long before any damage occurs. The insurance carrier for your property will immediately send an insurance adjuster to evaluate the damage and settle the claim. The insurance adjuster should never be confused with a public adjuster, who would not normally be sent to your property by your insurance carrier. Whether an independent adjuster or a staff adjuster of a large insurance firm, insurance adjusters have very comprehensive jobs. They do not know what events will arise each day, what fires will happen, and what claims will be filed. To expedite an insurance adjuster’s processes, it would be ideal if the Property Manager provided them with a copy of the floor plan and diagram of the building, unit and project, including the square footage of the property and the age of the building. If it is determined that a tenant caused the fire or flood, a copy of their specific insurance policy would be valuable. It is also important for the insurance company to know of all parties with a financial interest in the property. This would include but is not limited to all mortgage holders, owners, investors or lien holders. In addition, records such as the number of each style of units on the property, current rents or condo fees for each style of unit, and the number and style of the units that were damaged are needed by the insurance adjuster, and can be maintained throughout the year. An insurance adjuster can have a jump start on a multi-family residential project (or any other large structure) if the Property Manager has a few additional items in their emergency plan, available to the insurance adjuster, assigned to work on their loss. By a property manager having detailed information prepared for an insurance related loss, and available to the insurance adjuster, the claim can be settled immediately and the repairs to the damaged units can be completed quickly. It is extremely important for the property manager to preserve the scene until the adjuster can go to see the damage. Written by Sharon Toepfer Burns, President of Toepfer Construction Co., Inc. At the time of the loss, there are many things happening, and many details to record. It is extremely important for the property manager to preserve the scene until the adjuster can go to see the damage. Preservation of the scene may only be possible in the form of photographs. A property manager would be wise to have a disposable camera in the management office at all times. The more pictures, preserving detail, the better the adjuster will understand the extent of damage, and the more accurately and expeditiously the claim will be settled. Pictures should be taken with the intention of showing the extent of the loss. Any change in the building, caused by the loss, should be documented, including water in the basement, wet drywall, melted vinyl siding, altered utility service, etc. Also remember it is usually the responsibility of the property manager to secure the building from further damage, vandalism, or unauthorized entry. Boarding the building, covering roof holes, cleaning fallen debris, inspecting utilities and weatherproofing the building will accomplish this requirement. The insurance company pays for damage caused by the fire or flood but will not pay for damage extended due to neglecting the security of the building. The next concern of the insurance adjuster is to find out if a tenant caused the damage and if so, does that tenant have insurance. The direct cause of the damage will be determined by the jurisdictional fire investigator and will be made public 7 Winterizing Vacant Units & Preventing Ice Damming There has been a rise in water claims with so many people abandoning their property without notifying the management or mortgage company. Winterizing vacant units can save you from bursting pipes and water damage claims. Here are a few simple steps that can help to mitigate potential problems. Winterization Steps for Vacant Units 1. Take regular inventory of your units to know which are abandoned and vacant. Not receiving the monthly association fee could be an indication of a unit that has been abandoned. 2. Adjust Thermostat by setting it at a temperature above freezing. We have seen it suggested that 55° is a good temperature. 3. Open all sink and kitchen cabinet doors to allow the heat to better circulate around water pipes. 4. If the location has water shut off that is not jointly attached to an occupied unit or the fire suppression system; turn the water off completely. 5. Once the water is shut off; open all faucets and allow any remaining water to drain out of the pipes. 6. If the location contains a fire place, close the flue and doors, plus put a reminder note on the mantel: “Flue Closed”. 7. Check all windows and doors to make sure they closed and seal securely. If drafts are noticed, make sure to have maintenance staff cover or fix the drafty windows. 8. f you travel in the winter remember to turn your water heater to the lowest setting and to set your HVAC thermostat to a low setting but not off. You are part of a larger community and your system being off if severe weather comes in your absence could allow pipes to freeze. This could cause thousands of dollars of property damage to you and your neighbors. Other good options to consider is turning off your water to your toilets, sinks, washing machines, icemakers and dishwashers. These items are served with a supply line that is the weakest component and can typically be where vacant unit water leaks occur. What is Ice Damming? Ice damming occurs on roofs edge when the snow melts and then refreezes near the gutters. The water gets under the shingles in that area and once it freezes it pops them up causing the potential for leaks. A water stain near the top floor ceiling & outside wall where the gutter is can be an indication of ice damming. Typically, ice damming is an indication of roof insulation or venting issues but could also be as simple as clogged gutters. Having a professional check it out could save both your association and tenants from a winter water claim. By: Orlando Dorsey of Connie Phillips Insurance-Financial Since 1925 Kolb Electric has proudly offered outstanding commercial and residential electrical services. We specialize in providing quality professional service in the Baltimore and Washington Metropolitan areas and are proud of the fact that we continue to be a family owned and operated business. We specialize in: Commercial: - troubleshooting & Repairs - installations & preventive maintenance - new lighting system design - outdoor lighting - security lighting - underground fault location - fire alarm installation - bucket truck - infrared testing - generators Residential: - electrical troubleshooting - recessed lighting - ceiling & attic fan installation - breaker replacements & panel installations - security & landscape lighting - dimmer & light fixture installation - hot tub/appliance circuits - generators - remodeling/finished basements - plugs & switches installed We offer free estimates for new installations, 24 hour Emergency Service and so much more! CALL US TODAY TO SCHEDULE 410-579-5800 www.kolbelectric.com 8 Dog Waste, An Environmental and Community Health Concern It is no laughing matter: failing to clean up after a dog can carry a hefty fine and penalties are going up—way up in some areas. The laws are on the books, and more and more areas are starting to enforce them. If you do follow the bag and garbage method, be sure to double bag the waste and tie knots at the top of both bags to ensure the waste is properly sealed. This is mainly to protect garbage collectors from coming into contact with the waste upon pickup. “It’s a major public safety issue that hasn’t received much attention until recently, even though researchers have been studying the impact of pet waste on the environment for years,” says Jacob D’Aniello, cofounder and CEO of the nation’s leading pet waste removal service, DoodyCalls. “More people than ever before use plastic disposal bags to clean up after their pet, but there are still many owners who seem to be oblivious to the hazards to their communities.” For those who prefer to wash their hands clean of the entire cleanup business, local pet waste removal services will gladly handle all of the messy work for you, including removal of accumulated waste heaps. Most laws are similar—No person owning, keeping or having custody of a dog, except a seeing eye dog, shall allow or permit the dog to defecate or urinate on public property and each such person shall immediately remove dog excrement from any curb, gutter, alley or street. Dog waste is hazardous. It’s a major source of potentially deadly E. coli and can contain up to 23 million fecal coli form bacteria. In any community, the presence of unattended dog waste can quickly become a major point of conflict amongst residents. In fact, it is the single-most talked about problem in homeowner association and property manager board meetings across the country. Keeping this waste off the ground is not just about being considerate to your neighbors and their lawns—it’s also about protecting the environment, your family and the community. Don’t let doggie doody get your community down. Be considerate of your community and pick up the poop. Written by: Dave Jensen, Doodycalls Dave Jensen is a certified community pet waste management expert with DoodyCalls. He can be reached at 1-800-Doodycalls In 1991, it was labeled a non-point source pollutant by the Environmental Protection Agency, placing it in the same category as herbicides and insecticides; oil, grease and toxic chemicals; and acid drainage from abandoned mines. Unattended waste can also harm your health. While many of us don’t realize it, dog waste often carries bacteria, worms and other parasites that can be transmitted directly to humans and make them sick. Ringworm, roundworm, salmonella and giardia are examples of such bacteria, all of which are found in dog feces and are easily transferable upon contact. Roundworm, for example, is one of the most common parasites found in dog droppings and it can remain infectious in contaminated soil and water for years. In addition, dog waste can also be a common food source for rats. The presence of rats can decrease the property values of all nearby homes and presents a host of additional health concerns to residents themselves. The best solution is a well-executed pet waste management plan involving regular common area cleanings and the introduction of pet waste stations into the community. The first step is picking up what your pet leaves behind. The second is making sure it is disposed of properly. Pet waste should always be picked up and removed from your property on a regular basis. Ideally one should scoop the waste into a trash bag, then double-wrapping it with another bag and placing in the garbage to be collected and taken to the landfill. However, you should check to make sure this method of disposal is in accordance with local laws and regulations. 9 Bright Side of Condominiums Whether you are looking for your very first home, a vacation house or a second residence; or if you are a senior looking to downsize; if you’re 75 or 25 years old; if you’re single or if you’re a couple, or even a family, condominiums may be the perfect choice. Condominiums, also called condos, are for people who are looking for an affordable yet high standard of housing, often on a smaller scale. If you’re looking for an easygoing and convenient lifestyle, then condominiums with their accessible mode of living may be for you. With a condominium you get the exclusive right to and responsibility for the interior space of your dwelling unit, but the land, walls, grounds, fences, and facilities are owned in common with the other owners in the complex and their costs of maintenance are covered by the association fees. Many condominiums have a “lock and leave” lifestyle. There is very little maintenance to be done if you live in one. The governing documents normally spell out what is covered in your condominium fees. Landscaping, the appearance of the facilities and other time-consuming responsibilities of maintaining a home are almost always covered in your fees. Exterior maintenance such as missing shingles, leaking roofs, siding repairs, exterior siding and even outside lighting are often the responsibility of the condominium association and their cost is shared among all the members. Having no yard work, maintenance or snow shoveling can also provide a unit owner with more free time. Living in a condominium may help with budgeting your expenses. When you buy a condominium, you become a member of the condominium association. You pay a monthly fee, which covers management of the association, hazard insurance and routine maintenance. A portion of your fee goes into a reserve account for future maintenance and replacement of the improvements. Sometimes utilities, such as water, garbage, and sewer are included in the monthly assessments. Exactly what’s covered by the fees varies from complex to complex and is outlined in the governing documents. Condominiums often insure your unit as a single entity; this means that should there be an insurable event your unit will be restored as it was when you purchased it. Condominiums are governed by covenants, conditions and restrictions which dictate owners’ rights and restrictions on those rights. Don’t want the hassle of dealing with your neighbors? Let the condominium Board do it for you. Neighborly disputes happen. You like quiet. Your neighbor loves their music. Instead of having to address the issue yourself, you can turn to the condominium board to enforce the covenants and ensure that order is kept, both on the grounds and among the residents. Many condominiums offer swimming pools, exercise rooms, clubhouses, tennis courts and even spas. These are especially great for those who can’t yet afford to add their own backyard pool and those who don’t want the worry of maintaining these facilities. The availability of these amenities increases your property values without requiring owners to take responsibility for inspecting or maintaining the amenities. If you choose a high-rise, living in the same building promotes closeness between neighbors. Condominiums of all sizes and shapes, however, hold social events and gatherings regularly. If an owner wants to be more involved, opportunities exist to join the board or committees and to serve as a volunteer. Condominiums are definitely a lifestyle choice that should be made with a lot of information. A prospective owner needs to read and understand the documents before making a purchase. But, I have heard many of my condominium owners comment that the only regret they have in purchasing a unit is that they did not do it sooner. By: Iris Hobbs, CMCA PCAM Iris Hobbs moved to the Eastern Shore in 2000. She is married with four children and has been managing communities since 2002, specializing in condominiums. She earned a Professional Community Association Manager designation in 2008. 10 PLATINUM SPONSOR SHOWCASE The Minkoff Company Interview with Kara Permisohn, Business Development Representative. Interviewed by Randy Summers of CMC/Associa Corporation. The Minkoff Company, Inc. has specialized in 24-hour Disaster Restoration for multi-family and commercial properties since 1949. The company is headquartered in Beltsville, MD and provides a wide range of services, ranging from emergency mitigation of smoke, water, mold and storm damages to full-scale property restoration after a disaster occurs. Randy:Good afternoon Kara,thank you for granting this interview. I’ve written an introductory statement about the Minkoff Company, but can you elaborate a little more, about the company. Kara:Minkoff is one of the oldest and most reliable restoration companies in the Baltimore—Washington Metro areas. With over 60 years of experience Minkoff has provided emergency and/or restoration services for over 20,000 projects. Our experience, coupled with our team, allows us to provide a superior level of service. Our company can be summed up in a few words— quality, service and unparalleled workmanship. Randy:And, with that being said, what is the most important “to do” item on your daily work list? Kara: Communication is the key for us and our clients. It’s truly our first priority. Maintaining client relationships, creating new business relationships and ensuring that our clients are aware, that the Minkoff Company is ready and available 24-hours a day, 7 days a week to assist them during their time of need. Randy:And briefly, how has the property restoration industry changed, and how is that affecting the way business is conducted today? Kara:As the economy turned downward, new construction opportunities dried up. Thus, property restoration competition has increased exponentially as many traditional builders have migrated into insurance related work. Minkoff has accepted that challenge and we strive to deliver an excellent work product at a competitive price. Randy:You also work very hard with CAI, specifically the Chesapeake Chapter. How has that helped the Minkoff Company? Kara:CAI has helped open new doors and uncovered opportunities for Minkoff. It has helped the company reach out to new prospective clients, by granting extra exposure which may not have been available otherwise. One of our favorite events has to be the CAI Conference and Expo because that allows us to create new connections with potential clients face to face, and it helps us maintain valuable business relationships with our current customers. Serving on the CRCCAI Board of Directors for the past 6 years and several Committees over the years has been extremely rewarding for me and my coworkers at Minkoff! Randy:Kara, thank you again for the interview, and as always, it’s been a pleasure. In conclusion, what thoughts or comments would you like to leave with the readers? Kara: veryone at Minkoff is very proud to be a Platinum E Sponsor and active supporters of CAI’s programs. We strongly believe that you will get out of CAI what you put into it—and often times, more. Our marketing team includes Greg Minkoff, who is not only a third generation member of the family, but he has been a keynote speaker at numerous educational programs for the Chesapeake Chapter. Greg is also a past president of the Washington Metropolitan Chapter of CAI. Likewise, Susie Sanin (the best teammate I could ask for), was named a Rising Star at WMCCAI and we have both served as Account Executives for Minkoff for over nine and a half years. We make excellent partners, working diligently to attend programs whenever possible and volunteer on many levels showing our dedication to CAI. We often tell people that we receive as many hugs as we do handshakes because this is such a warm and welcoming industry. We consider ourselves fortunate to have been on this journey representing Minkoff at CAI, as well as many other industry associations. 11 12 Tuesday, October 29, 2013 What a Great Day It Was!! Annual Symposium & Expo 13 Many thanks to our 2013 Expo Committee for their effort and hard work Ellen Throop, Chair, Elmore, Throop & Young, P.C. Neil Alioto, Eden Brook Condominium Thomas Chepurko, First Citizens Bank Leslie Crockett, Potomac Basin Group Management Corporation John Piana, CertaPro Painters Valerie Robinette, Community Management Corporation Michael Romano, Community Association Underwriters of America Inc. Paul Curry, SPC, Incorporated Gary Saylor, Atlantic Maintenance Group Vicki Eaton, Community Management Corporation Helene Virgona, English Run Association Iris Hobbs, Community Association Services Kerrie Wilson, Professional Community Management Donna Kolb, Kolb Electric B.K Wallbrunn, Community Management Corporation Judyann Lee, Linowes and Blocher, LLP Allan McLeod, Village of Mill Run Condo Neil Moreland, Purofirst of Metro Washington Carmen Paral, Community 14 An online resource for condominium and homeowner associations and their members Banoo Zeinali, Community Association Management Do you own a condo? Belong to a homeowner association? Serve on a condo or HOA board? Handle real estate property management? Then you should be reading marylandcondolaw.com. Written by Ober|Kaler attorney Raymond Daniel Burke, one of the region’s top construction and real estate development lawyers, marylandcondolaw.com is your online resource for information on laws and regulations affecting condo, homeowner and community associations. 2013 Expo Sponsors Thank you for making the Expo a HUGE success! Adex D.H. Bader Management Company Pro Painting and Contracting Allied Waste Services Delaware Elevator PTG Enterprises Allsafe Elevator Inspections, Inc. DRD Pool Management PuroClean American Community Management ETC Purofirst of Metro Washington American Pool Falcon Engineering, Architecture and Energy Consultants Quiza Management First Citizens Bank SI Restoration American Pool Company Atlantic Maintenance Group Atlantic/Smith, Cropper & Deeley Ayres, Jenkins, Gordy & Almand, P.A. Calvert Mechanical Solutions Chesapeake Landscape and Design Columbia Roofing Community Association Underwriters Community Management Corporation Cowie & Mott, P.A. Criterion, Inc. Criterium-Harbor Engineers FirstService Residential Insurance Management Group Kolb Electric Legum and Norman, Inc., AAMC Marlin Restoration Membership Committee Miller Dodson Nagle & Zaller Ober, Kaler, Grimes & Shriver Premier Pool Many thanks to Iris Hobbs for generating many sponsorship dollars! Reserve Advisors Solitude Lake Management SPC, A Division of Alarm Tech Solutions Sposato Landscape Structural Restoration Services, Inc. Tecta America Total Restoration Unlimited Restoration Wallace H. Campbell Co. Inc Whiteford, Taylor & Preston 15 Big Winners At The 2012 Caicrc Expo! Big Winners at the 2013 CAICRC Expo! Drawing 16 Prize Winner Facebook Drawing $100.00 Anita Zepp, Homeland Condominium Association $125.00 Cash Drawing $125.00 Joe Boykin, Devonshire Condominium Association $125.00 Cash Drawing $125.00 Maisha Golob, Cobblestone HOA Mystery Box Drawing $100.00 Don Gentry, Residential Realty Group Passport Drawing Kindle Amanda King, FirstService Residential Vendor Who Sponsored the Most Attendees Drawing Gift Card Neil Moreland, Purofirst of Metro Washington Grand Prize Drawing— Courtesy of Atlantic Maintenance Group $500.00 Justin Craige, FirstService Residential Wrap-up Party Drawing $250.00 Miki Cawley, Condominium Venture, Inc. 17 Protecting aquatic ecosystems. For our future. And theirs. Nothing is more important to us than the active preservation and restoration of our lakes, rivers and stormwater management resources. Our broad spectrum of expertise has led to national recognition for for our environmental stewardship, an honor we take very seriously. By utilizing the latest technology, the finest products and promoting a culture of innovation, we proudly serve as your single resource for the maintenance and care of the valuable waters that surround us. For a consultation on how we can help with your lake and pond management needs, call today. Toll-Free 888.480.LAKE(5253) solitudelakemanagement.com Serving VA, NC, SC, MD, DE, PA, WV, NJ & NY. 18 continued on page 23 Industry expertIse to help you get an Industry edge. • Strength and stability from a strong financial partner • Customized banking solutions for nearly 150 years • Specialized HOA lockbox for efficient payment processing • Relationship managers who are experts in your industry • Secure online account management To put our homeowners association services experience to work for you, contact us at 866-210-2333. HOAbankers.com Smartstreet.com Smartstreet is a registered mark of Union Bank, N.A. ©2013 Union Bank, N.A. All rights reserved. Member FDIC. 19 In Case You Missed This Year's Expo, Here Are Some Useful Handouts that Were Distributed to Attendees. MORNING PROGRAM The following was extrapolated from the script that was used for the “COMMUNITY FEUD” morning General Session. The information below is factually accurate even though it was presented in a “game show” format which was intended to be informational yet entertaining. The answers are listed in order with the first bullet-point answer being the most popular. TOPIC: Pets, Pools & Parking 1. What are the main factors to the current Maryland law on dog ownership liability? • Pit Bull • Ability to control dogs on property • Strict Liability • Applies to landlords, condos, HOA’s and co-ops • Applies if own or harbor dogs 2. What should an Association do in response to the current Maryland law involving pit bull ownership? • Ban Them • Require Leashing • Post Signs • Muzzle Them • Do Nothing TOPIC: Mediation/Conflict 3. What are the myths of Mediation? • Sign of weakness • Requires parties to reveal all their evidence • Will lead to more litigation • Useless because I am right • Wastes time because case will never settle 4. What are the most Common “Styles” of Conflict Resolution? • Litigation • Mediation • Binding arbitration • Parties Own Settlement • Non-Binding Arbitration 5. What are the most common Conflict Resolution Techniques? • Problem Solving • Compromise • Forcing a win/lose situation • Withdrawal • Smoothing 20 TOPIC: Volunteers to Serve on Your Board 6. What characteristics should you look for in finding volunteers to serve on the Board? • Sense of community • Rational • Leadership • Good communicator • Analytical TOPIC: Insurance 7. Who should be Named Insured under a Condominium’s Master Condo Insurance Policy? • Association • Management Company • Community Volunteer • Board of Directors • Association Employees 8. What items, within your unit, are covered under your Condominium Master Policy? • Flooring • Cabinetry • Appliances • Lighting Fixtures • Toilets 9. What are the necessary coverage parts of an HO-6 policy? • Personal Property • Betterments and Improvements • Personal Liability • Loss Assessment • Loss of Use TOPIC: Contracts 10.Typically Associations enter into what type of contracts? • Service Contracts • Specific Repairs • Preventative Maintenance • Insurance 11.Gary: What are the essential elements necessary to form a binding contract? • Offer • Acceptance • Mutual Obligation • Competent Parties • Consideration TOPIC: Condominium Associations 12.What is included in the process to adopt Condominium Rules? • Delivery to owners • Open meeting • Written comments are submitted • A quorum of the board is present • Board votes to adopt the proposed rules TOPIC: Manager Responsibilities 18.What are the 5 most important responsibilities of a Community Manager? • Adhering to the Governing Documents and State Laws • Keeping good financial records • Excellent communication with the Board • Supervising all Association contracts • Excellent customer service 13.Regular Condominium membership meetings may be held by following what process? • Notice is delivered or mailed to each unit owner • Written notice of date, time and place given • Prior notice must not be less than 10 nor more than 90 days.rrt • Quorum is present • The meeting is open • Unit Owners are permitted to speak TOPIC: Financials/Budgets 14.For a Condominium, what books and records may be withheld from public inspection? • Personnel records • Records relating to business transactions being negotiated • Individual medical records • Individual’s payment history • Written advice of legal counsel • Minutes of a closed meeting of the Board of Directors TOPIC: FHA Requirements/Collections/Delinquencies TOPIC: Homeowner Associations 15.Voting may be held by use of electronic transmission in Maryland when? • Board of directors authorizes its use • Authenticity of owners vote • Proxy permitted • Homeowners are given the option to cast printed ballots 16.Lien enforcement may NOT include what charges? • Interest • Late charges • Cost of collection not related to lien • Fines • Attorney fees that are not related to lien 19.What are the top five resources used in preparing for budget development? • Current Financial Statement • Reserve study • Board wish list items • Auditor notes • Current contracts 20.Name the five reasons why a condominium may be denied approval for FHA financing? • Delinquencies exceed 15 percent • Insurance requirements not met • Units owned by landlords cannot exceed 50 percent • Significant litigation • Failure to name management as insured 21.What are the types of insurance coverage that a Condominium MUST have to qualify for FHA financing? • Hazard insurance • Fidelity insurance • Liability insurance • Flood insurance September Breakfast Seminar Draws Big Crowd! 17.What statutory restrictions are there for posting candidate or proposition signs in Condominiums? • Not more than 30 days before the election • Federal, state and local laws • In common elements • Remove not more than 7 days after Lockbox Services • Insurance Premium Financing Coupon Books and Statements • Association Loans Joseph Inzerillo Jr. Vice President / Relationship Manager 703-841-5021 JInzerillo@bbandt.com Association Services Member FDIC and Equal Housing Lender. Loans subject to credit approval. © 2012, Branch Banking and Trust Company. 21 HELPFUL INSURANCE TIPS Directors and Officers Liability (D&O) • Defense cost coverage should be provided for non-monetary claims including discrimination and breach of contract claims • The following should be included in the definition of who is an insured: –– Directors and officers, whether duly elected or appointed –– Committee members –– Volunteers acting at the direction of the Board of Directors –– Association employees –– Community manager/community management firm • Make a habit out of reviewing the property limit regularly, as the replacement cost of buildings is constantly increasing due to the increased cost of construction materials –– Guaranteed Replacement Cost is beneficial because there is no pre-set property limit. This avoids any concerns about whether or not the buildings are insured to value. –– Avoid any coinsurance clauses, whenever possible Information provided by Michael Romano, Community Association Underwriters; 800-228-1930 X176; mromano@cauinsure.com Fidelity (Employee Dishonesty) • Condominiums in Maryland are required to carry a limit that is equal to the lesser of: –– 3 months of assessments plus all reserve account balances OR –– $3,000,000 • Coverage must be extended to: –– Any officer, director, managing agent, or other agent or employee charged with the operation or maintenance of the condominium who controls or disburses funds –– Any management company employing a management agent or other employee charged with the operation or maintenance of the condominium who controls or disburses funds –– Property Coverage help me hire you If you have credentials, you have credibility. More than just letters after your name, CAI credentials identify you as the right manager for the job. They give employers confidence that you have the knowledge, experience and integrity to provide the best possible service to their associations. Through its Professional Management Development Program, CAI provides the most comprehensive courses for community managers seeking to increase their skills, job opportunities and earning potential. And when you earn a credential, you are automatically listed in CAI’s online Directory of Credentialed Professionals, where potential employers and clients can find you. Get started today . . . visit www.caionline.org/credentials or call (888) 224-4321 (M-F, 9–6:30 ET) for more information. 22 » Credentials for Community assoCiation managers: z association management specialist (ams®) z Professional Community association manager (PCam®) z large-scale manager (lsm®) continued from page 19 Connie Phillips Insurance CONDOMINIUM ASSOCIATION INSURANCE CONSULTANT As an Independent Insurance Agency, CPI has unlimited access to the major carriers for Condo coverages. Our comparative rater program allows us to provide you with a comparison of coverages and premiums. Our agency experience consists of reviewing and assisting in the selection of the Master Policy coverages, attending board meetings, and offering on-site insurance & financial seminars. Property • General Liability • Umbrella • Excess Limits Directors & Officers Liability • Fidelity Bond • Flood Call us today for a review of your Condominium Insurance Program Serving MD, VA, DC, WV, PA, DE 888.439.0479 24/7: 240.409.8400 / 240.409.8405 www.insurance-financial.net 23 UPDATE ON PIT BULL LEGISLATION The Maryland Court of Appeals recently changed the Maryland common law with regard to injuries caused by pit bull attacks. Prior to the Court’s recent rulings in the case Tracey v. Solesky, if a dog attacked a person, the plaintiff in the case would generally have to show that the owner of the dog knew or had reason to know the dog was dangerous and was negligent in not taking adequate precautions to prevent the attack. In Tracey v. Solesky the Maryland Court of Appeals initially ruled that pit bulls and cross-bred pit bulls are inherently dangerous and established a strict liability standard with respect to the owning, harboring or control of pit bulls and cross-bred pit bulls. The Court of Appeals then reconsidered the case and only revised its decision slightly to narrow the applicability of the strict liability standard to only pure bred pit bulls. The Court’s decision to change the common law as to pure-bred pit bulls puts community associations in the position of potentially being strictly liable for any injuries caused by pure bred pit bulls on common areas they own and/or control. Despite a recent attempt by the Maryland legislature to amend the effect of this ruling, nothing was passed. Therefore, in order to protect associations from any potential liability from pit bull attacks on their common area property, association Boards should consider whether to enact policies to ban pit bulls from their common areas. The associations should also contact their insurance carriers to make sure they have adequate coverage for such liability. For practical purposes it may be difficult to enforce such policies, however, because associations own and control their common areas they will be held strictly liable. Therefore, associations should take whatever steps are necessary to prevent the presence of pit bulls on their common area, which includes prohibiting pit bulls from using the common area. In addition to the difficulty in enforcing a ban of pitbulls on common areas, the term “pit bull” does not describe a specific breed of dog. Indeed, this is one of the many problems with the Court’s ruling and why we are hopeful that the legislature will change or clarify the impact of the Court’s decision in Tracey v. Solesky during the next legislative session. The Court did not define what is considered a pure bred pit bull in its decision, so associations are left with having to determine what the Court might reasonably consider to be a “pure bred pit bull.” An association would be reasonable in relying upon the definition of pit bull provided by the American Kennel Club (“AKC”), since it is the national kennel club that approves breed standards written by breed clubs. According to the link http://happypitbull.com/basics/what-is-a-pit-bull/, the AKC considers the core breeds of pit bull to be the American Pit Bull Terrier and the American Staffordshire Terrier. Other breeds include the Staffordshire Bull Terrier, the Bull Terrier and the English Bull Terrier. In sum, a “pit bull” according to the AKC refers to a dog whose ancestors were Bull and Terrier type dogs. An association may choose to use and rely on this definition if it decides to adopt a policy to ban “pure bred pit bulls” from the common areas consistent with the Court’s ruling. If an association prefers not to decide what particular dog may qualify as a “pure bred” pit bull, the association may choose to adopt an even broader definition to include any dog which has the characteristics and appearance of being predominately of the breeds of the Bull Terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier, and any other breed commonly known as pit bull or pit bull terriers, or a combination of any of these breeds. continued on page 25 your community will run smoothly. With community association banking expertise like ours, it’s easy to keep your associations on track. take that to the bank. Beth Ann Mellott Regional Account Executive 301-401-2009 Toll Free 866-800-4656, ext. 7487 bethann.mellott@mutualofomahabank.com mutualofomahabank.com AFN45802_0713 Member FDIC Equal Housing Lender EQUAL HOUSING LENDER 24 AAFS_Innov_Burkhammer_QtrPg_010813.pdf 1 1/8/2013 8:42:51 PM continued from page 24 While enforcing such a ban will be difficult, it may provide some level of protection to an association in preventing pit bulls from being on the common area. It also may provide an association with some level of protection if it is ever sued for a pit bull attack; such a ban can show that the association took steps to prevent pit bulls from being on the common area. Handout written by Judyann Lee, Esq., of Linowes and Blocher LLP, member of CAI’s Chesapeake Region Chapter. The contents of this column should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have. go the extra mile for your clients become a cai educated business partner You go the extra mile for your business. Show your community association clients you’re willing to go the extra mile for them, too. The new Educated Business Partner distinction recognizes active CAI Business Partner members who have successfully completed Business Partner Essentials, an online course developed by CAI to help product and service providers better understand the issues and challenges faced by their association clients. Take the course, pass the test, be affiliated with an active CAI Business Partner member, and you’ll earn the CAI Educated Business Partner distinction. As an added benefit, you’ll be listed on the CAI website, where clients can see your commitment to service. Visit www.caionline.org/bpcourse, e-mail cai-info@caionline.org or call (888) 224-4321 to learn more. 25 Ask The Beacon Send your questions to “Ask the Beacon” tion m associa acon, iu e in B r m a o e d D con ryland ager of a t the Ma n a a th m e rd a it n-s I he nt for I’m an o this year, nsing requireme r ie rl a E nd. lation lice uch legis in Maryla as considering a s if w o kn t, what re w . Do you and if no legislatu rs e n g io a s n s a e s ity m gislative commun the last le g n ri u d passed s of it is? the statu Managing Signed, y Sanity to Keep M Dear Managing to Keep My Sanity, registration fee and renew their licenses every two years. Maryland House Bill 576 proposed establishing a new regulatory agency within the Department of Labor, Licensing and Regulation to license and regulate community managers. The bill passed in the Maryland House of Delegates but a cross-bill filed in the Maryland Senate died in the Judicial Proceedings Committee. The legislation proposed the creation of a nine-member “State Board of Common Ownership Community Managers,” for the purpose of licensing community managers who provide property management services to common ownership communities for compensation. Such managers would have to register with the Board, pay a In this proposed legislation, the Board would have the power to deny, suspend or revoke licenses and impose monetary penalties for wrongful acts or misconduct. Managers would also be required to complete training requirements and pass an examination in order to be licensed. In addition, licensees would be required to provide a fidelity bond or other insurance in the lesser amount of $2,000,000 or the aggregate amount of operating reserve balances of all communities they manage. There was also a provision for a limited license for individuals providing management services under the supervision of a licensed manager. 26 The proposed bill would have required all condominiums and cooperatives with 11 or more units, and homeowners associations with 31 or more homes to annually register with the Board and identify its licensed community manager. The bill died in the Judicial Proceedings Committee in the Senate, so for now, there is no manager licensing or registration requirements. However, it remains to be seen if similar legislation will be proposed during the next legislative session. In the meantime, hold on to your sanity. Signed, The Beacon Dear Beaco n, I live i n a to reserv ed par wnhouse in king s a com came pace mu to parkin visit me and s and visito nity associa r park tion. W g spac I forg in e. He to say parked ot to tell him g spaces. M e have , his c y frien ar was in the to par associ d wr k towed ati by the ong space a in a visitor reimb on has a co nd nee towin ntract urse m g com dless wi yf in the pany t parkin riend for th th. I think t h a t he ass e cost g lot a the reserv ocia re n of t ed get rei and that yo ot clear tha he tow bec tion should ause t t the p mburs u can h get to ement wed if arking space e signs from t s are you p he ass ar ociatio n for t k there. Can he tow we ? Going Signed , Tow-to - Tow Before towing or removing a vehicle, a tow company must have the authorization of the parking lot owner which shall include: (i) the name of the person authorizing the tow or removal; (ii) a statement that the vehicle is being towed or removed at the request of the parking lot owner; and (iii) photographic evidence of the violation or reason for the towing of the vehicle. If a vehicle has not yet been removed from a parking lot, the towing company who has possession of the vehicle must release the vehicle to the owner or an agent of the owner: (i) if the owner or agent requests release of the vehicle; (ii) if the vehicle can be driven under its own power; (iii) whether or not the vehicle has been lifted off the ground; and (iv) if the owner or agent pays a drop fee in an amount not exceeding 50% of the cost of a full tow. The signs in your community should clearly state that the spaces are reserved and subject to towing for unauthorized parking in such spaces. If the signs and/ or the tow did not comply with the requirements discussed above, as well as any additional requirements imposed by local County or City laws, then you may have grounds to seek reimbursement from the Association or the towing company. You should talk with an attorney to get further advice. Signed, The Beacon Dear Going Tow-to-Tow, On October 1, 2012 the law in Maryland regarding the process and procedures to tow a vehicle from a privately owned “parking lot” significantly changed. Prior to that time, the state law applied only in Baltimore City and Baltimore County. Now, the entire State of Maryland must comply, although cities or counties may have local laws or regulations that are more stringent than the new State requirements. A “parking lot” is defined as a privately owned facility consisting of 3 or more spaces for parking that is (i) accessible to the general public; and (ii) intended by the owner of the facility to be used primarily by the owner’s customers, clientele, residents, lessees or guests. This will impact condominium associations, homeowners associations, apartment owners and commercial landlords who tow vehicles from their parking lots that are accessible by public roads. Among other things, the law provides: Specific sign requirements including (i) that the sign must be at least 24 inches high and 30 inches wide; (ii) be clearly visible at the lot entrance or from the parking spaces; (iii) state the name of the towing company and the location where vehicles will be towed; (iv) indicate that Maryland law requires vehicles to be available for reclamation 24 hours per day, 7 days per week; and (v) state the maximum amount that may be charged for the towing of a vehicle. Response provided by Judyann Lee, Esq., of Linowes and Blocher LLP, member of CAI’s Chesapeake Region Chapter’s newsletter committee. The contents of this column should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have. Please note, not all questions will be published in the newsletter. Send your question to contact@caimdches.org by November 21, 2013 in order to be considered in the Winter Beacon. 27 BECHT E n g i n E E R i n g , BT Building On Our Reputation For Quality Engineering For Over 45 Years Professional Development Courses for Managers The following CAI Professional Development Courses are now available online: • The Essentials of Community Association Management (M-100) • The Essentials of Community Association Management (M-100) California Edition • Facilities Management (M-201) • Risk Management (M-205) • Financial Management (M-206) • Ethics and the Community Manager (M-300) Except for Ethics and the Community Manager, which is available only online, these courses continue to be available via classroom instruction. Visit www.caionline.org to register. Becht Engineering, BT provides a broad spectrum of engineering and construction management services to Condominium Associations and Cooperative Corporations. Our experience with buildings ranging from townhouses to high-rise structures will provide you with the expertise and resources to protect your property for years to come. n n n n n n n n Transition Engineering Deficiency Reports Capital Reserve Studies Roofing Replacement Designs Siding Replacement Designs Balcony Deck Replacement Designs Construction Management LEED/Green/ Sustainable Designs n n n n n n n Water Infiltration/ Corrective Designs Mechanical Systems Replacement Designs Energy Audits Building Condition Assessments Structural Corrections Litigation Technical Support Infrared Scanning Legal services for condominiums, HOAs, and cooperatives Raymond Via 301.804.3610 rvia@wtplaw.com For All Of Your Engineering Services 800-772-7991 information@BechtBT.com www.BechtBT.com CAI’s professional development program features 17 courses, beginning with the Essentials of Community Association Management (M-100). In addition to eight 300level courses, the curriculum includes six 200-level courses, the PCAM Case Study and Contemporary Issues in Community Association Management (M-400). Julie Dymowski 202.659.6795 jdymowski@wtplaw.com LEED AP Baltimore • Towson • Bethesda • Columbia Wilmington • Washington • Falls Church www.wtplaw.com 28 CAI NATIONAL NEWS M-203: Community Leadership We are happy to announce that the M-203: “Community Leadership” course is now available online. The M-203 is our seventh online course and joins M-100, M-100 CA, M-201, M-205, M-206, and M-300. The cost is same as other courses; $445 for members, $545 for nonmembers. NBC-CAM Changes Name to Community Association Managers International Certification Board The National Board of Certification for Community Association Managers (NBC-CAM), the organization responsible for administering the Certified Manager of Community Associations (CMCA) credential, is now the Community Association Managers International Certification Board (CAMICB). The change was effective August 1, 2013. More than 13,000 professionals have earned the CMCA credential since NBC-CAM was founded in 1995. “With more than 60 million Americans living in covenant-protected communities, along with millions more throughout the world, the professional manager helps protect our most important investment—our homes,” said CAMICB Chair Robert Felix. “The name change became appropriate and necessary as the CMCA earned expanded international recognition as the essential credential.” “The name change became appropriate and necessary as the CMCA earned expanded international recognition as the essential credential.” “As the first step toward professional achievement and recognition for community association managers, the CMCA has been recognized since 1995 as the benchmark credential by community management professionals and homeowner association board members throughout the United States,” said Thomas M. Skiba, CAE, chief executive officer of both CAMICB and Community Associations Institute (CAI). “In recent years, the CMCA has attracted a great deal of interest overseas and has quickly become the premier certification for community association managers in a number of countries beyond the United States.” For more information, visit www.camicb.org. Effective Solutions, Proven Results, PERIOD. THE FALCON GROUP Falcon Engineering, Falcon Architecture, Falcon Energy Consultants Professional Engineers, Licensed Architects, Inspectors and Reserve Specialists ® ARCHITECTURAL CONSULTING SERVICES LITIGATION / EXPERT SERVICES • Architecture • Internal Space / Lobby Planning / Elevator Fit-out • Recreation Facilities Design CAPITAL RESERVE fUNDING • Capital Reserve Analysis CIVIL ENGINEERING SERVICES • Basement Water Investigations • Foundation Waterproofing Design • Retaining Wall Design • Site Drainage Analysis / Design • Soils Investigation • Surveying • Pavement Coring • Expert Reports / Testimony • Transition / Due Diligence Evaluations MEP / ENERGY CONSULTING SERVICES • Boiler Conversions • Commissioning / Retrocommissioning • Energy Audits / Modeling / Metering • Energy Benchmarking • Energy Consulting • Energy Reduction Plans • HVAC Controls • MEP Engineering / Design • Solar Energy Design • Testing, Adjusting and Balancing • Energy Rebates and Financing STRUCTURAL ENGINEERING SERVICES fAÇADE AND BUILDING ENVELOPE CONSULTING • Balcony Restoration / Design / Specifications • Building Envelope Consulting • Building Façade Inspections / Specifications • Building Leak Detection • EIFS / Stucco Investigations & Certified Inspectors • Façade / Basement / Vault Replacement Specifications / Inspections • Moisture Investigations / Mold Testing • Roof Replacement Specifications / Inspections • Siding Replacement Specifications / Inspections • Window Replacement Specifications • Parking Garage Investigation / Restoration / Design • Emergency Inspections Proud supporters of Chesapeake CAI www.falconengineering.com • info@falconengineering.com BALTIMORE METRO OffICE: 5850 Waterloo Road, Suite 140 Columbia, MD 21045 Phone: 410-988-2130 Fax: 410-480-7081 WASHINGTON DC METRO OffICE: 7361 Calhoun Place, Suite 325 Rockville, MD 20855 Phone: 240-328-1095 Fax: 240-328-1096 VIRGINIA OffICE: 5802-122 E.Virginia Beach Blvd., #213 Norfolk,VA 23502 Phone: 202-558-7618 29 Congratulations to our New Designation Recipients! Community Associations Institute (CAI) awarded almost 300 career-enhancing designations to industry professionals between Sept. 21, 2012, and June 30, 2013, including 55 recipients of the Professional Community Association Manager (PCAM) designation, the highest and most prestigious credential for community association managers. To date, more than 2,300 managers have earned the PCAM designation, while almost 6,600 have earned the Association Management Specialist (AMS). Some 263 professionals have received the Reserve Specialist (RS) designation, with 102 being awarded the Community Insurance and Risk Management Specialist (CIRMS). Professional Community Association Manager Connor Braniff, CMCA, AMS Ocean Point, Ltd., AAMC Victoria Burnett, CMCA, AMS Victory Management, Inc. Kerrie Wilson, CMCA, AMS Professional Community Management, AAMC Association Management Specialist Lynda Brady, CMCA Legum & Norman, Inc., Resorts Div. Debbie Coons, CMCA Claggett Enterprises, Inc. Wallace H. Campbell & Company, Inc. 6212 York Road Baltimore, MD 21212 Phone: 410-532-4600 Fax: 410-323-5554 www.whcampbell.com 30 Lincoln Davis, CMCA TPW Management, LLC Vanessa Hall Robertson, CMCA Legum & Norman, Inc., Resorts Div. Stefanie Minemier, CMCA Mann Properties, AAMC Toni Perkins, CMCA Highfield House Condominium Welcome New Members! New Chapter Members, June 15–September 23, 2013 Mr. Ira Albert The Towers Condominium, Inc. Mrs. Linda Lee Ms. Marilyn Bjorge Community Association Professionals, LLC Recruiter: Mr. David Collins, CMCA Mr. Harvey Caplan Mr. Ivan Markowitz The Towers Condominium, Inc. Ms. Lisa Cella Legum & Norman, Inc. Mr. Roderick G. Clark, III The Towers Condominium, Inc. Ms. Joan Eisenberg The Towers Condominium, Inc. Mr. Josh Mcnally Ms. Phyllis Rhines Mr. Joel W. Meskin, Esq., CIRMS Quail Meadows Homeowners Association, Inc. McGowan Program Administrators Ms. Rebecca Mey Mr. Jerome Seaman Mr. Jim Faust FirstService Residential Recruiter: Mr. Trent Harrison, CMCA, AMS, PCAM Ms. Nicole L. Hazzard Mrs. Carol Nester Mr. Ben Simcox Legum & Norman, Inc. Easton Club East Ms. Kelly Marie Heck Mr. Harry Ostrow Mr. Edwin Spiegel The Condominiums at Carroll View The Towers Condominium, Inc. Mrs. Norma Hecker Mr. Geoff Pettis The Towers Condominium, Inc. The Elmont Condominium Recruiter: Ms. Kim D. George, CMCA, AMS 3M Ms. Lydia Heitt OC Real Estate Management, Inc. The Towers Condominium, Inc. Ms. Ann Kurlander The Towers Condominium, Inc. Mr. Carl Lazerow The Elmont Condominium Recruiter: Ms. Kim D. George, CMCA, AMS Titan Tree Care Residential Realty Recruiter: Mr. Donald Allen Gentry, CMCA, AMS Ms. Lauren C. Tedford Pacific Premier Bank Ms. Tanya Marie Rankin Mrs. Leslie B Wassermen The Elmont Condominium Recruiter: Ms. Kim D. George, CMCA, AMS Ms. Brenda Reiber Community Management Corporation Recruiter: Ms. Vicki E. Eaton, CMCA, AMS, PCAM Mr. Trevor White AVRO, LLC The Towers Condominium, Inc. Save the Date! Holiday Social Be sure to mark your calendar for the C hesapeake R egion C hap ter CAI Friday, November 22, 2013 4:00–7:00 pm • Reception 5:00–5:15 pm •Annual Meeting 7:00–9:00 pm • CAI’s Got Talent! Westin BWI Hotel, Linthicum, MD GIVE THE GIFT OF GIVING… BRING AN UNWRAPPED TOY FOR “TOYS FOR TOTS” 31 The Chesapeake Region Chapter Community Associations Institute 1985 Fairfax Rd Annapolis, MD 21401 410–540–9831 PRSRT STD U.S. POSTAGE PAID HARRISBURG, PA PERMIT NO. 533 2013 Calendar of Events NOVEMBER 2 13 Homeowner Seminar—“Financial Literacy for Community Associations”—The Capri Condominium, Ocean City, MD Board of Directors Meeting, Hanover, MD 19 GBBR Resale Disclosure Seminar 22 Holiday Social/Annual Meeting *“The Essentials of Community Association Volunteer Leadership” is the former ABC’s course Please note that this schedule is subject to change. 2014 PMDP COURSE SCHEDULE Visit www.caionline.org/pmdp and register for this course online! Register online four weeks in advance and receive a $25 discount. Chesapeake Region Chapter Washington Metro Chapter April 3–4 M350 Manager and the Law Baltimore, MD Jan 22–24 M100 The Essentials of Community Assn Mgmt Feb 6–7 CASE Case Study Aug 7–8 M202 Association Communications Baltimore, MD March 6–7 M201 Facilities Management April 9–11 M100 The Essentials of Community Assn Mgmt Sept 18–20 M100 The Essential of Community Assn Mgmt Baltimore, MD May 1–2 M202 Association Communications June 5–6 M203 Community Leadership Oct 23–24 M201 Facilities Management Baltimore, MD July 9–11 M100 The Essentials of Community Assn Mgmt Aug 7–8 M204 Community Governance Nov 13–14 M203 Community Leadership Baltimore, MD Sept 4–5 M320 High Rise Maintenance and Mgmt. Oct 15–17 M100 The Essentials of Community Assn Mgmt Nov 13–14 M205 Risk Management Dec 4–5 M206 Financial Management Questions? Call CAI Direct at 888–CAI–4321 (M–F, 9:00 am–6:30 pm EST) Website: www.caionline.org/educationprograms