Issuu

Washington Metropolitan Chapter Community Associations Institute

DECEMBER 2017

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

MAKING Connect i ons

ALSO IN THIS ISSUE

____________________________ Cybersecurity Is Not Just an Issue for Big Corporations ____________________________ Cyberbulling ____________________________ Managing Diverse Buildings

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2 | QUORUM

DECEMBER 2017

CONTENTS 12 It’s the Way You Say It

BY JILL KALTER, MBA, PC

14 Can You Hear Me Now?

BY SARAH GERSTEIN, CMCA, AMS, LSM, PCAM

15 Communicating Through Traditional Channels and Beyond

BY MATT DURHAM

16 The Legalities of Social Media

BY SARA J. ROSS, ESQ. AND NICOLE WILLIAMS, ESQ.

20 Common Community Communications: Legally Required Communication Methods

DEPARTMENTS AND MORE 5 Message from the Executive Director 6 Chapter Benefactor: Associa Community Management Company 7 Welcome New Members 8 Upcoming Events 11 People & Places 32 Classifieds 33 Index to Advertisers 34 Cul-de-sac: CYA

BY DOUGLAS S. LEVY, ESQ.

22 Cybersecurity Is Not Just an Issue for Big Corporations

BY MICHAEL C. GARTNER, ESQ.

24 A Crash Course on Creative Communications

BY LILIANA MARTINEZ, CMCA, AMS AND KARA PERMISOHN

26 Cyberbulling

BY MEGHAN MARVILLE, CMCA

27 Managing Diverse Buildings

BY SAM SADLE

28 Odors: If I Am Not Invited to Dinner; I Don’t Want to Smell My Neighbors Cooking

BY HIRUY DAFLA, P.E

30 How Software Can Enhance Your HOA’s Communications

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

BY ASHISH PATEL

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

We also welcome article submissions from our members. For author guidelines, call (703) 750-3644 or e-mail publications@caidc.org. Articles may be edited for length and clarity. DECEMBER DECEMBER 2017 2017

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

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

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

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

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

QU O RUM E DI TORI AL CO M M IT TE E Co-chairs Susan L. Truskey, ESQ. and Nicole Williams, ESQ. Members Beverly Alston, James Anderson, Noel Arevalo, CMCA, Sarah Auringer, Mira Brown, CMCA, AMS, Leslie Brown, Chris Carlson, PE, Deborah Carter, CMCA, AMS, PCAM, Sara Castle, Crystal Coats, CMCA, AMS, Kenny Cohn, Cheryl Crawford, Christopher Dibble, CMCA, AMS, PCAM, Bruce Easmunt, ESQ., Sarah ElTaher, Matt Gallagher, Michael Gartner, ESQ., Amy Gaynor, Sarah Gerstein, CMCA, AMS, PCAM, Rippy Gill, CMCA, AMS, Laura Goguet, CMCA, AMS, John Goins, Stephen Grant, Scott Greges, CMCA, AMS, Timothy Hipp, Mary Horner, Chase Hudson, Peter Hughes, Iman Jackson, CMCA, AMS, Shannon Junior, Ruth Katz, ESQ., Leisa Keys, Richard Kuziomko, CMCA, AMS, PCAM, Crishana Loritsch, CMCA, AMS, PCAM, Liliana Martinez, CMCA, AMS, Laura McVey, Thomas Mugavero, ESQ., Crystal Partin, CMCA, AMS, PCAM, Joycelyn Peoples, AMS, Kara Permisohn, Nicki Phenneger, Christine Rudert, Brandi Ruff, CMCA, AMS, PCAM, Lauri Ryder, CIC, CRM, CMCA, Scott Silverman, Mark Smith, Chelsie Throckmorton, Olga Tseliak, John Tsikerdanos, Ron Unger, CIC, Kim Veirs, Lee Ann Weir, CMCA, AMS, Doug White, Samuel Wiest, Lakisha Williams, Aimee Winegar, CMCA, AMS, LMS, PCAM, Jim Wisniewski, Kelly Young, Michael Zupan, ESQ. Washington Metropolitan Chapter Community Associations Institute, a 501(c) (6) organization, serves the educational, business and networking needs of the community association industry in 80 cities/counties in Maryland, Virginia and the District of Columbia. Members include community association homeowner volunteer leaders, professional managers, association management companies, and other businesses and professionals who provide products and services to planned communities, cooperatives and condominiums. WMCCAI has more than 3,000 members including 300+ businesses, 1,100 professional managers from 85 management companies, and approximately 1,500 community association homeowners. WMCCAI is the largest of Community Associations Institute’s 62 chapters worldwide. Quorum is the award-winning premiere publication of WMCCAI, dedicated to providing WMCCAI’s membership with information on community association issues. Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all presented facts in articles. WMCCAI does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. This publication is issued with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services and nothing published in Quorum is intended to constitute legal or other professional advice and should not be relied on as such. If legal advice or other expert assistance is required, the services of a competent professional should be sought directly by the person requiring such advice or services. Articles appearing in Quorum may not be reprinted without first obtaining written approval from the editor of Quorum. In the event that such permission is granted, the following legend must be added to the reprint: Reprinted with permission from Quorum™ magazine. Copyright 2017 Washington Metropolitan Chapter Community Associations Institute. Quorum is a trademark of WMCCAI. Receipt of Quorum is a privilege of WMCCAI membership for which $65 in nonrefundable annual dues is allocated. The subscription price for nonmembers is $75 per year; contact publications@caidc.org or call (703) 750-3644.

LOOKING BACK ON 2017! WOW! As 2017 comes to an end, I find myself looking back at the last 12 months—we have packed in quite a few things this year, WMCCAI! The year started with significant staff transitions at the chapter. Taking on the role of executive director and developing a new staff team has been the most challenging and most rewarding professional experience of my life. Eight months ago, I sat at this desk for the first time and every day since, I walk into the office inspired by the volunteers and the members. I am focused on bringing new experiences to our networking events, providing top-notch education to all members, and to grow the chapter’s influence in our local legislatures.

FROM THE EXECUTIVE DIRECTOR

O FFICE R S

The office renovation in the spring forced the staff and committees to work outside the comfort of our conference room. Being temporarily relocated was a blessing in disguise, providing an opportunity to visit members’ offices as they hosted our committee meetings while the office was under construction. We have occupied the new space now for six months. It is bright, welcoming, and modern—bringing the chapter a new place to hold meetings and host our own education sessions right in the office. If you have not seen the space, please stop by—we love member visits! Not only did our physical space change but so did our online presence. www.caidc.org gave WMCCAI a new branding look that is clean and modern. The website is a place to stay connected through the events calendar, Quorum articles, and the blog that will expand even more in 2018. The online service directory received a facelift as well, providing the public a place to find all our business partner and management company members. Did you know that WMCCAI has a Facebook page? We do—and it’s more active now with chapter announcements and event details posted regularly. Be sure to like Washington Metropolitan Chapter Community Associations Institute (WMCCAI) on Facebook. “Change is hard at first, messy in the middle and gorgeous at the end”(Robin Sharma). Through all of this year’s change, the members— YOU— have volunteered time, expertise, and even office space to keep the chapter moving forward. Change IS hard; staff changes are hard, office moves are hard, and technology redesigns are hard. And yes, it was messy too; sometimes literally with drywall dust and paint drops on my shoes during the office renovation and figuratively with best-laid plans needing reshuffling as the chapter evolved. Look around now. The past year has brought WMCCAI to a new place — one full of positivity, growth, and possibility. It is gorgeous. Can you imagine what 2018 will bring?

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

To advertise in Quorum, e-mail publications@caidc.org. For more information about Quorum or WMCCAI, visit www.caidc.org.

DECEMBER 2017

CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Associa-Community Management Corporation Nicholas Mazzarella, MBA, CMCA, LSM, PCAM 4840 Westfields Boulevard, Suite 300 Chantilly, VA 20151 Telephone: (703) 631-7200 Fax: (703) 631-9786 E-mail: nmazzarella@cmc-management.com Website: www.cmc-management.com Year Established or Incorporated: 1971 • CAI Member Since: October 1979 • Certificate of Insurance: Yes • Bonded: Yes • Areas you serve: Virginia, Maryland, Washington, D.C., Delaware, West Virginia • Corporate Associations: D.C. Cooperative Housing Coalition, Northern Virginia Building Industry Association, Building Owners and Managers Association International • Services Provided: Associa CMC has been in the association management business for over forty-six years. CMC was the first firm in the nation formed for the purpose of providing professional management services to common interest communities. Our firm is dedicated to providing professional management services to common interest communities and commercial properties. We are fully focused on developing the knowledge, techniques and resources that will best serve our Boards and communities. We strive for excellence in homeowner customer service and build collaborative and productive working relationships with our Boards of Directors. Using the collective strength and purchasing power of the Associa family of

companies, we benefit our clients by providing quality products and services at significant discounts. • Licenses Held: Accredited Association Management Company (AAMC) • Company Philosophy: “Delivering unsurpassed management and lifestyle services to communities worldwide.” We are a thoughtful, collaborative, and reliable company and are proud of our team and we ensure the highest level of service is provided to our clients. At Associa CMC, we promote professionalism and camaraderie among our managers through the open exchange of ideas and encourage them to assist each other in perfecting their individual product and presentation. Our staff members hold the following industry designations: o 95 Certified Manager of Community Associations (CMCA) o 53 Association Management Specialist (AMS) o 21 Professional Community Association Manager (PCAM) o Large-Scale Manager (LSM) o Reserve Specialist (RS) We believe maintaining positive, long lasting relationships is mutually beneficial. The satisfaction of our clients is paramount, and that philosophy has rewarded us with a client renewal rate of 96%. We take our fiduciary responsibility seriously and we do our absolute best to provide information and professional recommendations that assist the board in making informed decisions for their community.

Article Submissions:

Are you interested in sharing your experiences and expertise with our readers? Quorum magazine is always seeking new article ideas, submissions, and content. If you have an idea or would like to submit an article for consideration, please make sure you contact us before you begin writing to see what our upcoming themes are. Questions and interests should be directed to Diane Sohn at publications@caidc.org or by phone at 703.750.3644. Advertising:

For advertising, availability, rates, and specifications, please contact Diane Sohn at publications@caidc.org. Targeted advertising in WMCCAI’s Quorum, opens the door to thousands of prospective customers and contacts in the community association industry. 6 | QUORUM

WMCCAI proudly welcomes the following members who joined the chapter in October 2017. Community Association Volunteer Leaders from the Following Associations Carisbrooke Homeowners Association, Inc. Eastview at Ballston Condominium Hayfield View Homeowner Association Watermark Place Condominium Wentworth Green Community Association Individual Managers Curtis Amico, Select Community Services Virginia Crump DaNeil Deller, White Sands Civic Association, Inc. George A. Graham, II, Maredith Management, LLC, AAMC Nancy Puckett, Associa-Community Management Corporation, AAMC Kema R. Ridgeway, Arlington Oaks, A Condominium Dolly Sharma, Associa-Community Management Corporation, AAMC Teofilo D. Sison, III Business Partners CMC Mechanical

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DECEMBER 2017

UPCOMING EVENTS

DECEMBER 5

Rookie Manager Essentials: Stop, Drop and Contact Counsel: Recognizing Legal Issues 12:30 p.m. – 3 p.m. WMCCAI Chapter Office 7600 Leesburg Pike, Suite 100W, Falls Church, VA 22043 Homeowner/Manager Member $50 Nonmember $55

Practicing law without a license is a crime in many states and creates risks for community managers as well as the boards and associations that rely on them. Join William A. Marr, Jr., ESQ. and Tiago Bezerra, ESQ., of the Law Office of William A. Marr Jr. as they explain what constitutes “practicing law” and provide guidance on how to identify and resolve legal issues. Lunch will be provided. This session is worth (3) three credit hours.

JANUARY 11

Jump Start January 9:30 a.m. – 12:30 p.m. Sheraton Pentagon City 900 S. Orme Street, Arlington, VA 22204 Early Bird After December 31 Homeowner Member $70 $95 Nonmember $95 $120 Manager Member $65 $95 Nonmember $115 $145 Business Partner Member $90 $120 Nonmember $130 $170

Start the New Year off right with WMCCAI’s annual kick-off event attended by hundreds of community association industry professionals. Jump Start January is the Chapter’s annual volunteer roundup which features a networking breakfast, annual membership meeting, and presentation. At the committee trade show, current committee members are on hand to answer questions and provide greater insight into how to become more active with the Chapter and make the most of your WMCCAI membership. This year’s theme for Jump Start January is “Showcase the Nation’s Capital,” featuring all the unique and wonderful things about living in the DMV. Jump Start January serves as WMCCAI’s Annual Meeting - you’ll get an update on how far WMCCAI has come in the last year and where we are heading in 2018. The education portion counts for one (1) continuing education unit toward earning your PCAM designation and maintaining your CMCA certification and AMS designation.

MARCH 10

WMCCAI Conference & Expo 8 a.m. – 4 p.m. Walter E. Washington Convention Center 801 Mount Vernon Place NW, Washington, D.C. 20001

Washington Metropolitan Chapter Community Associations Institute invites you to attend the largest community association industry event in the Washington metropolitan area. The 2018 WMCCAI Conference & Expo will feature educational sessions on pertinent topics that affect those who live in and work with community associations. Approximately 200 companies and organizations will be on the exhibit hall floor showcasing goods and services of interest to community associations. More than 2,000 attendees are anticipated at the 2018 Conference & Expo. For more information or to register, visit WMCCAI’s website, www.caidc.org.

For more information on WMCCAI meetings or upcoming events, contact the chapter office at (703) 750-3644, email info@caidc.org or visit www.caidc.org. 8 | QUORUM

January

Registration Rates EARLY BIRD RATE BEFORE: 12/31/17

REGULAR RATE

MEMBER

$70.00

$95.00

NONMEMBER

$95.00

$120.00

Homeowner

MEMBER

$65.00

$95.00

NONMEMBER

$115.00

$145.00

Business Partner NONMEMBER

Where Sheraton Pentagon City 900 S. Orme Street, Arlington, VA 22204

Who

Manager

MEMBER

When Thursday, January 11, 2018 8:00 a.m. set up Registration opens 9:00 a.m. Event Starts at 9:30 a.m. – 12:30 p.m.

This program will benefit Business Partners, Homeowners, and Managers

How Visit www.caidc.org to register

$90.00 $130.00

$120.00

Sponsors

$170.00

Sponsorships are available. Please contact Carla Cobos Hull at Chull@caidc.org

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E-mail: education@caidc.org

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Web: www.caidc.org

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Miramar Landing Recognized for Protecting the Chesapeake Bay

FirstService Residential celebrated Customer Service Week with five days of wacky themes!

Tidewater Property Management is pleased to announce that its client community of Miramar Landing has been recognized by Gunpowder Valley Conservancy for its efforts in protecting and restoring the Chesapeake Bay.

PEOPLE & PLACES

FirstService Residential “Dances Through the Decades”

Stanford Kimmel Promoted to Partner David Mercer and Pia Trigiani honored as “Housing Heroes” The City of Alexandria honors David Mercer and Pia Trigiani of MercerTrigiani, LLP as the inaugural class of “Housing Heroes.” This initiative recognizes significant pro bono professional and corporate contributions that support the City’s housing affordability programs and the communities they serve. The Housing Heroes were honored for a range of contributions including community involvement, training and counseling efforts, and direct assistance to lower-income Alexandrians in resolving housing crises.

Stanford Kimmel was made a partner in the law firm Cowie & Mott, P.A. After practicing community association law for more than ten years, Mr. Kimmel now leads his firm’s general counsel practice, providing community associations with comprehensive legal services and advice in a range of matters, including governance, contracts, litigation, and assessment collection. Cowie & Mott, P.A. represents community associations in Maryland and the District of Columbia.

Land Use and Zoning Attorney Keith Martin Joins Whiteford NOVA Office Whiteford Taylor & Preston announced that Keith C. Martin, a Northern Virginia based land use and zoning attorney with thirty-five years of experience in the region, has joined the firm as counsel in its Falls Church office.

Come one, come all.

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DECEMBER 2017

| 11

By Jill Kalter, MBA, CP Jill is the principal of Resolve Mediation, Inc. She is a Florida Supreme Court Certified Civil and Appellate Mediator specializing in dispute resolution in common interest communities. A CAMICB Provider, Jill conducts courses nationwide educating and training effective communication strategies and alternative dispute resolution. Jill sits on the board of directors for the Florida Academy of Professional Mediators; the business development board for Seacoast Bank, FL; is a volunteer guardian ad litem and member of Toastmasters International.

fer you a glimpse into how you can successfully interact with them. The acronym DISC stands for Dominance, Influence, Supportive and Compliant. Important to Note: There is no right or wrong personality. One personality type is not better or inferior to the other. Additionally, personalities can ebb and flow depending on circumstances or situations. For example, your personality with your children can be far different than the person you present in the workplace. Take a moment and think of your responses to the following questions:

It’s the

way

’m going to go out on a limb here and assume you start each new day with determination, focus, and good intentions. While we cannot control all of the day’s events, we certainly can’t control the behavior of others. Have you ever met someone for the first time and instantly felt a positive connection with them? I have, and it feels good! But have you ever met someone for the first time and just felt uncomfortable with them? You can’t put your finger on it, but something just doesn’t feel right, you can never see eye-to-eye, and your interactions are always strained.

“The secret to success is to understand the point of view of others.” – Henry Ford Take a moment and think of a person that you encounter at work or in your community, whether it be your neighbor, a member of your board, your community association property manager or a contracted business partner. Why is it that we can successfully work with someone and have a clear, easy open line of communication with them, while with others we just run into the proverbial brick wall? How can you break down that wall to successfully interact and more effectively communicate with others? 12 | QUORUM

You

say

Open the Line of Communication Published in the March 2017 edition of Quorum Magazine was the essay submitted by the secretary of the board of directors at Fox Chase at Exeter. As a result of that essay, Fox Chase at Exeter was named Communicator of the Year in the WMCCAI Community Association of the Year Contest. Fox Chase attributes their success to open lines of communication with their residents, via their website, posting timely notices, and a strong social media influence. Clearly, Fox Chase has implemented a very successful approach to making connections, but let’s place focus on the human, face-to-face interaction and successful communication strategies. When we introduce the human element into the scenario, we inadvertently expose ourselves to dealing with a variety of behaviors, personalities, and communication styles and our goal is to be successful during those interactions.

The History of Personality Although personality types have been researched and studied throughout history and continue today, in the early 1920’s psychologist William Moulton Marston created what is known as the DISC model for emotions and behavior. Being aware of someone’s personality type will assist you in predicting how they might respond to you and also of-

• What behavior do I present in my workplace and how do I tend to communicate with my co-workers? • What is my behavior at home, with my loved ones, how are my interactions with them? • What personality do I present in a casual, social setting and what is my communication style in a more relaxed environment? These are three simple questions that can have three completely different answers.

The DISC Concept The key to effectively communicating with differing personalities is to understand the foundation upon which these behaviors and communication styles are built. We do this by learning the four personality types and how they influence one’s behavior, how we can work with them and respond to them with more positive outcomes and greater success. D – Dominant: The Dominant personality is typically a leader or positions themselves as a decision maker. Think about your board president, a committee director, the executive director of your CAI Chapter, or your property manager. The Dominant personality looks at the bottom line and will give you straight talk. These are “can do” people, they get the job done! I – Influencer: The Influencer is more comfortable in social settings, more of a people person. Influencers will introduce you to

others they think you will connect well with or together may create a profitable business relationship. Influencers are social butterflies, think about your membership committee, volunteers, or the director of business development for your company—these are likely Influencers. S – Supportive: A Supportive personality is steady, they are easy going and don’t like to make waves. You can count on the Supportive personality because they are stable, a team player, and will support you in a decision-making process. Your committee members, homeowner volunteers, anyone who fills a helpful role in your organization, and those who “play well with others” are Supportive. C – Compliant: In your community association law firm you may find the attorney who assists in writing or reviewing governing documents, lessee agreements, or vendor contracts most likely exhibits this personality style. The Compliant personality plays by the rules, they are steady and systematic in their actions and reactions and want to “do it right the first time,” correctly and with accuracy. Quick question: if the compliant attorney practices contract law, what personality type would you think applies to the litigator?

The Clash of Personalities Although we find the nuances of these personalities good qualities, you may run into some difficulty when dealing with them. Keeping in mind the attributes of the personality types, supplement your toolbox with the following new tools to assist you in communicating more effectively when dealing with them.

• Influencers can be somewhat scattered, have difficulty maintaining focus and have a short attention span. Influencers may seem chatty to you, so if you don’t have the patience for the “chatty Kathy” influencer, keep your conversation focused and to the point. Influencers like to be liked—so don’t be afraid to be friendly with them, compliment them and allow them to tell you how nice and wonderful everyone is. • While Supportive personalities will back you up you may find it challenging to get their personal view on an issue because they don’t want to rock the boat – they support you, remember? And while dominants are “go-getters” the supportive may be slow to get out of the gate, so go easy with them. If you have a project that has a deadline, give the supportive reasonable benchmarks to achieve while not making them feel rushed. As they accomplish goals, the supportive personality will be very receptive when you acknowledge their achievement(s). • You can rely on the Compliant to do things the right way but be cautious as they may be too much of a perfectionist and can be highly critical. The compliant personality is factual and methodical so in your engagement with them do the same, be logical, thoughtful, organized, and fact-based in your interaction.

By the way, what was your answer to the question about the litigator, Dominant perhaps?

Bringing it all Together While there is no “one size fits all” answer for communicating with different personalities you now have new tools for a more successful interaction with someone you’ve just not been able to connect with effectively. • You now possess a greater understanding of different personality types. • You have the knowledge to recognize the type of personality you’re dealing with. • You have the information needed to more effectively communicate with the variety of different personalities. With these new tools, you have the knowledge and ability to recognize personality strengths and weaknesses, not only in yourself, but others. Take time to self-assess. Check your behavior, your communication style and consider your interactions with others. Through self-assessment and a greater understanding of others, how they deliver and receive information, you can better articulate to them the best approach to meet your needs, and you will quickly recognize the best approach for you to meet their needs.

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

• The Dominant can be perceived as arrogant and come across abrasive. Have you heard the saying among managers “Don’t bring me problems— bring me solutions!” Whether you agree with this approach or not, Dominants do not like to be questioned, BUT if you come to them with an issue and an option for a positive result, they will be more receptive to you. You will want to build a level of respect with the dominant, be systematic and to the point in your interaction with them. DECEMBER 2017

| 13

By Sarah Gerstein, CMCA, AMS, LSM, PCAM Sarah is the general manager of Broadlands Association Inc. She has been engaged in the management of community associations as a portfolio manager for some of the area’s top management companies since 2000 before transitioning to site management in June 2012. Sarah has been active in the Chapter since 2004 and volunteered on various committees during that time.

CAN

YOU

HEAR

NOW?

Mobile Apps Create Clear

COMMUICATION IN A NOISY World

hen community leadership wants to communicate directly with residents, they often turn to social media platforms and websites. Many HOA and community organizations host pages on Facebook, and most have their own dedicated websites.

The challenge, though, is helping residents work through those platforms to find the information they need, when they need it. One quick check-in on Facebook can easily turn into a rabbit-hole exploring adventure that ends hours later, with little regard for the original intent of the user. And, although a branded website has more specific and direct information, research shows that fewer and fewer people are accessing websites through their mobile devices, while apps and social media use is on the rise. Dan Mattock, a Broadlands H OA t e c h n o l o g y committee member, calls this the “noise” of social media. When Mattock, and others on the commit14 | QUORUM

tee, were charged with enhancing communication across the community, they knew they wanted to look at a mobile app. “We loved the idea of a mobile app, given its ability to cut through all the noise and busyness of social media,” Mattock says. Another benefit for Broadlands, a 3,800 resident community located in northern Virginia, is that residents only receive the information they want through the mobile app. Mattock notes that the app has allowed them to create “push notifications” with specific “tags,” so that those who need information get it, and those that don’t aren’t being overwhelmed with

announcements. For instance, residents can opt in or out of notifications like “pool alerts” and “community events.” Broadlands residents can use the app to quickly and easily find information about community announcements, the neighborhood calendar, design guidelines, newsletters, useful numbers, and access a digital pool pass. When searching for an app builder, Mattock’s committee sent out RFPs to a number of providers, and ranked those proposals based on price, experience, technical support, and other factors. “The mobile app provider we chose to develop our mobile app is a company called MokoApp,” says Mattock. “They specialize in building mobile apps for member-oriented organizations. They have been great to work with and were well below the cost of the other proposals we received.” So far, the app seems to be working. An analytics sampling across a recent week recorded over a thousand users, and over 20,000 screen views. “It seems to be doing exactly what we wanted it to do,” says Mattock. “We are communicating clearly and directly with our members.”

By Matt Durham Matt is the volunteer president of the Cascades Community Association, previously serving as vice president and in his fifth year on the board. He also serves as a board member of the Community Foundation of Loudoun and Northern Fauquier Counties. Professionally, Matt is vice president of analyst relations at ServiceNow, a position he has held since December 2016. Matt earned a B.A. in Anthropology from the University of Michigan and an M.A. in International Relations from the University of Denver.

Communicating

Professional Services for Commercial and Residential Properties

Through Traditional Channels

and Beyond

he Cascades Community Association (CCA) relies on traditional communications channelsâ€”a monthly newsletter, our website, and of course faceto-face communications in and with our management office. While we also have a Facebook page and Twitter handle, those channels were underutilized by our residents. However, a neighborhood Facebook page is widely used. After the historic snow storm in early 2016, which saw enormous activity on the neighborhood Facebook page, our board of directors decided the CCA needed to invest in an enhanced approach to our own social media presence. We worked with a local consultant to improve traction on our official page as well as to help represent the CCA on the neighborhood page. Our goals included increased engagement and followers so that in future emergencies

Waste/Recycling Removal residents could be confident that they were being provided accurate information in a timely manner. The CCA also now uses our Facebook page for contests, polls, and to share information from local governmental agencies. Although Twitter traction remains very low, our engagement on Facebook has sharply increased. We now also have an Instagram page and hope to drive additional engagement there especially with our younger residents. While we continue to communicate through traditional channels, we know that social media is where most of our residents expect to stay updated on our great community.

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t h e

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By Nicole Williams, ESQ.

Sara is a principal with the firm of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., and practices in the firm’s Fairfax, Virginia office. Her practice is devoted to community association law in Virginia. She is an active member of WMCCAI, frequently presenting at educational seminars and has been published in several national publications.

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

l e g a l i t i e s

o f

Social Media What is Social Media? When we talk about “social media” we are talking about electronic communication. Often it is in the form of online communities that share information, ideas, personal messages, and other content. It comes in many shapes and sizes, usually referred to as “platforms,” and ranges from community websites, to blogs, vlogs, microblogs (e.g. Twitter), discussion forums (e.g. Yahoo Groups), social networks (e.g. Facebook, NextDoor, LinkedIn, etc.), video and photo sharing sites (e.g. Instagram, Shutterfly, etc.).

Social Media as a Valuable Tool There are many benefits to a community association establishing an online, social media presence such as communicating with members regarding association events, meeting reminders, and keeping residents up to date on the latest community information. It will also allow community members to communicate with the association and with their fellow neighbors. In addition, social media can be used to promote the community, by providing a platform for sharing photos of the community and community events, and

16 | QUORUM

offering spotlights on community and/or resident successes.

An online social media presence helps promote a sense of community by enticing participation by those who would not otherwise be involved, sharing information and concerns impacting the neighborhood. Social media can also be a valuable tool in more unconventional ways, such as in collections and litigation. Various sites can provide a wealth of information regarding an individual if you are willing to dig in (e.g., address, birthdate, employment, asset information, etc.).

Social Media as a Dangerous Weapon Although the advantages will generally outweigh the disadvantages, community associations should be aware when establishing its

social media presence, that their otherwise valuable tool can potentially be twisted into a weapon to be used against the association. Many community associations have seen or experienced “keyboard commandos.” These individuals wage their own personal battles, whether against a certain neighbor, management, or the board using the association’s social media platform. Often, they use the platform for airing grievances, or for even shaming or bullying other members of the community, and the content and comments may be unrelated to the association itself. Sometimes the keyboard commandos will create fake accounts to maintain their anonymity or may use the association’s social media platform to stalk or harass an individual or group and may include false accusations, defamation, slander, and libel. Another danger to social media is that residents or a group of residents can create a website and/or other social media platform, using the name of the association, in order to criticize the association, its board and/or management. These sites may cause confusion and appear to be an “association” site. There are ways to combat against these dissident sites, such as registering the association’s name as a trademark, purchasing all domain names with the association’s name, sending a cease and desist letter, and suing for injunctive relief and/or damages caused by the improper site.

Legal Considerations Just as community associations should crack down on the unauthorized use of the association’s name and/or materials on third party websites or social network sites, so should associations be cognizant and careful in its use of outside material on its sites. Unauthorized use of third-party trademarks, service marks, or copyrighted material on a site can potentially lead to legal liability for trademark infringement, dilution or unfair competition. Other legal issues to be concerned about include, but are not limited to, defamation privacy, and confidentiality. Statements published to a limited group of “friends” or “followers” on a social networking site can potentially result in legal action against the poster. Generally, under the Federal Communications Decency Act, an association would not be treated as the “publisher” for a posting by a member or user of the association’s site. However, if the poster is acting, or is perceived to be acting, under the authority of the association, the association could be held liable for the defamatory statements. When it comes to the issue of privacy with an association’s social media site, there are a number “don’ts” an association should follow: 1) Don’t include personal information about members without their permission; 2)Don’t post contact information for a board or committee member if he or she does not want to be contacted by members directly; 3) Don’t post confidential information or privileged documents. As a general rule, if a document can be legally withheld from inspection by members then it should NOT be on the site.

Please note, status postings on Facebook, “tweets,” and discussion forum postings on social networks are all discoverable information to the same extent as emails and text messages, and, the association could be compelled to turn this information over to an opposing party in litigation.

Best Practices Recommendations To mitigate the disadvantages, there are a number of steps community associations can take to best navigate social media. 1. Appoint an Administrator The association must commit and make specific plans and to keep the social media, and the association’s website maintained and updated by allocating appropriate time and resources. A key component is having the association appoint one or more (preferably at least two) individuals to serve as the association’s social media administrator or moderator. The purpose of the administrator or moderator is to ensure that all content associated with the association is consistent with the association’s values and professional standards. Also, the content of the association’s website and social media site must be updated and regularly monitored to be of value to the members and visitors. Members are less likely to visit the site if the information is stagnant and unchanged. 2. Create and Implement “Social Media Guidelines,”“Terms of Use” and “Comments Policy” Continued on page 19

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Community associations looking to establish a social media presence should create a written policy, which can be as detailed or as simple as the association deems necessary, but at a minimum should address: a)who can view and/or post on the site; b) how message boards or postings will be moderated and whether the board or social media committee may remove offensive, false or potentially libelous posts; c) what type of content is appropriate for the website and/or social media page; and d)whether repeat offenders will be blocked. In addition, for any association website, the terms of use should reflect the restrictions in the social media policy and include sections concerning Use of the website, copyrights, intellectual property, trademarks, online community rules and regulations, links, claims against the association, disclaimers, and limitation of liability. Associations with interactive sites, allowing members to comment and post, should also create a comments policy which explains the rules for posting on the site to users. At a minimum this policy should contain: a) a statement that the administrator and board has the right to remove any postings it deems inappropriate; b) a disclaimer that any comments posted or views expressed on the site do not necessarily reflect the views or opinions of the association; and c) the contact information of the Administrator of the site in order to enable users to report inappropriate or offensive comments or postings. 3. Monitor for Appropriate Content If an association’s social media site or website allows open posting/comments, the association should make sure that all postings and comments are monitored. Content should be limited by the association to matters that benefit the community, and inappropriate content should be deleted. However, the association’s social media administrator should strive to be neutral in moderating comments, and should not remove all comments that are critical of the association, the board or the administrator’s. Rather, the social media policy should govern what comments and postings should and should not be removed. 4. Establish Privacy Controls An important form of privacy control requires individuals to be approved before joining the

site. Every person should be required to read and accept the terms of use before they receive membership or approval to use the site. 5. Ensure Insurance Coverage. Community associations that have a social media presence should regularly review its insurance policies, in order to determine whether it has coverage for claims related to social media use. If an association’s coverage does not extend to claims resulting from social media, the association should contact its insurance agent to obtain additional coverage.

6. Consult with Legal Counsel If you have any questions regarding your use of social media, it is always a good idea to check with your legal counsel to make sure that you do not run afoul of the law, or unknowingly set yourselves up for legal liability.

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By Douglas S. Levy, ESQ. Doug is counsel with MercerTrigiani and currently a member of the Education Committee for the Washington Metropolitan Chapter Community Associations Institute. He previously served on the Quorum Editorial Committee.

Common C O M M U N I T Y

Communications Legally Required Communication Methods

arge and small common interest community associations face similar challenges. Chief among those challenges is communication with, between and among members. To address these challenges, all three local jurisdictions – Virginia, Maryland, and the District of Columbia— have enacted legislation intended to facilitate communication among members of a common interest community association. Virginia. Section 55-510.2 of the Virginia Property Owners’ Association Act – and Section 55-79.75:1.A of the Virginia Condominium Act – require an association board of directors to “establish a reasonable, effective, and free method, appropriate to the size and nature” of the association, for members to communicate among themselves and with the board of directors regarding any matter concerning the association.

20 | QUORUM

Methods of communication vary from community to community. In some associations, a bulletin board posted in the common area or common elements is sufficient to satisfy the statutory requirement. Some associations use electronic bulletin boards, while other associations use newsletters, websites, and social media to comply with the statute. As the statutes indicate, the method of communication used by an association must be appropriate when considering the size and nature of the association. There is no “one size fits all” solution—a communication method used by one association may not be appropriate for another association. One notable difference between the two Virginia statutes addressing communication

is that Section 55-79.75:1.B of the Virginia Condominium Act provides that except as otherwise provided in the condominium instruments, “the executive organ shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners’ association.” The Virginia Property Owners’ Association Act does not contain a similar provision restricting prior approval of a communication by the board of directors. Maryland. Pertinent statutes focus on ensuring that members may use the same manner of distributing information or materials available to the board of directors. Section 11-111.3(c) of the Maryland Condominium Act and Section 11B-111.3 of the Maryland Homeowners Association Act contain nearly identical language, providing that except for reasonable restrictions to the time of distribution, the declaration, bylaws, recorded covenants, and rules of an association may

Communic ation Meth ods •

not restrict a member “from distributing written information or materials regarding the operation of or matters relating to the operation of the condominium [or the homeowners association] in any manner or place that the governing body distributes written information or materials.”

Newslett

ers • Bullet in Boar ds • Website s • Social M edia • Open Fo rum

Based on these Maryland provisions, members are permitted to use the same manner of distributing information or materials that the board of directors uses. However, door-to-door distribution of board meeting notices and information or materials reflecting assessments may not be considered a “distribution” when determining the manner in which the board distributes information or materials. District of Columbia. The Condominium Act does not contain a provision requiring the establishment of an internal means of communication for unit owners to communicate among themselves and with the board of directors. Additional Means of Communication. To facilitate communication, Virginia, Maryland, and the District of Columbia allow meeting notices and distribution of information to be sent electronically, so long as the member consents to or authorizes electronic transmissions and the governing documents or condominium instruments do not prohibit electronic transmissions.1 Because electronic transmissions are subject to certain conditions in each jurisdiction, applicable statutes should be reviewed carefully to ensure compliance. § 36.96.1 et seq. of the Code of Virginia

Additionally, all three local jurisdictions require2 that the board of directors of a common interest community association provide a designated period of time during a meeting – often referred to as “open forum” – to allow members an opportunity to comment on any matter relating to the association, subject to reasonable rules adopted by the board of directors. In sum, statutorily required attention to communication available to association members and boards of directors can improve and enhance communication. Use of a variety of communication methods can be an effective tool in improving and creating a community. The original version of the law did not include elderliness, familial status, or disability; amendments to the VFHL in the 1980s and 1990s added these protected classes. 2

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By Michael C. Gartner, ESQ. Michael is a partner with Whiteford, Taylor and Preston, LLP, and represents common-interest communities in general business affairs and litigation. He previously served on the Quorum Editorial Committee, including as the committee’s Co-chairman and Communications Council Chair. He currently serves on the WMCCAI’s Board of Directors.

Cybersecurity

Is Not Just an Issue for Big Corporations

ata breaches and cyber attacks are routinely in the news and most of us understand that they pose a persistent threat. As is often the case with bad incidents, however, people tend to think that it will not happen to them. As a result, they may not take sufficient steps to protect themselves. That is a dangerous approach, and community associations need to recognize that they could be easy targets for cyber

22 | QUORUM

criminals and are also subject to unintentional breaches.

Cyber crime is one of the fastest growing areas of economic crime, and there is no reason to believe that it will slow anytime soon.

Community associations and management companies are logical targets in that they maintain sizeable bank accounts (funded by member assessments!) as well as databases containing detailed information on their members, which often includes banking, credit card, or other financial information that is attractive to crooks. In addition, many people have access to the association’s sensitive information, including a rotating roster of volunteer homeowners who serve on the board of directors. It is easy to imagine a scenario in which a board member’s or manager’s laptop or portable device containing the association’s financial information as well as member information gets lost or stolen, resulting in the emptying of the association’s accounts and/or efforts by bad actors to compromise association members’ identities. Equally plausible is a hack into the association’s (probably not well-secured) systems, providing the hacker with all the information he needs to inflict significant harm on the association and its members. It is imperative for association leaders and

the professionals who provide guidance and support to associations to recognize the potential for data breaches and cyber attacks, take steps to minimize the likelihood of such breaches and attacks being successful, and be able to swiftly and adequately respond if a breach or attack occurs. Financial gain is the biggest driver behind cyber attacks. It is important to keep in mind that even if the association does not possess direct financial information regarding its members, that does not reduce an association’s attractiveness as a target. Cyber criminals do not just mine for data that is directly linked to financial access; they also mine for gateway data that can be helpful in their efforts to ultimately gain such access. People often use the same or similar passwords to access a variety of their accounts, such as social media, email accounts, and even access to the association’s website. If a cyber criminal gains access to the association’s member database, that can provide the criminal with names, email addresses, birthdays, phone numbers, associ-

ation passwords, and other information that the criminal can then use in his efforts to ultimately achieve a financial gain. Accordingly, even non-financial data must be protected. Association leaders should evaluate their digital infrastructure in much the same way that they evaluate the physical facilities for which the association is responsible. The manner in which sensitive data is stored and shared should be reviewed, and short-term and long-term planning should take place to ensure that cybersecurity becomes a regular part of the association’s operational considerations. The association should evaluate the desirability of obtaining cybersecurity insurance and should consult with its vendors to ensure that any such vendors who have access to or control of any of the association’s sensitive data have taken reasonable steps to protect that data. Most important, associations should be aware that cyber attacks and data breaches are not just things that happen to big corporations, they can and do happen in our industry as well.

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By Liliana Martinez, CMCA, AMS

By Kara Permisohn

Lili is the director of management services at National Realty Partners, LLC (NRP), where she has been a key part of the NRP team for many years. She is an active member of the Quorum Editorial Committee and has been working in community association management for more than ten years.

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

A Crash Course on Creative Communication

nthony “Tony” Robbins said, “To effectively communicate, we must realize that we are all different in the way we perceive the world and use this understanding as a guide to our communication with others.” Whether in business, personal relationships, or running and living at a community association Mr. Robbin’s thoughts apply.

The success or failure of a community typically relies heavily on communication between a management company, community manager(s), homeowners, and even business partners. Understand that communication is the transmission of ideas and information. In this time of technology and generation gaps, it’s necessary to develop a plan for how your community will best respond. A solid communication plan can help target the audience accurately. The community’s image makes it vital to squash any false perceptions and clarify actual realities. By doing so, your efforts will be more effective, efficient, and lasting. 24 | QUORUM

Commonly there are eight basic steps to creating your communication plan. As you play a key role in community leadership, it is essential to consider and review these effective communication steps. These steps are essential to the overall productivity of your plan: 1. Identify the purpose of your communication 2. Identify your audience (millennials will respond differently than baby boomers) 3. Design and plan what your message will be 4. Take into account what your resources are 5. Be prepared for emergencies or other obstacles 6. Strategize how to connect with your audience and who is best suited to help spread the word 7. Confirm your plan of action 8. Make sure to evaluate the effectiveness of your plan in the event that it might need some adjustments

Once you have completed the first five steps, it’s time to consider a multi-layered strategy to be certain that you reach a variety of demographics. Something to consider is publishing information in English versus communicating in multiple languages. In no particular order here are many methods that can make a message reach a broad audience.

Technology can make communicating a breeze.

Create a community website and publicize that it is a resource which will always be updated with breaking news about the community. Web-based chat rooms or open forums can also be beneficial for community members to communicate neighborly information. Email blasts are one of the most widely used methods for spreading knowledge. Social media lends itself to creating a community page on venues such as Facebook or L in ke dIn. Photography has become a great way to share what’s happening. Therefore, Instagram might work well i n you r community. Not ever yone is tech-savvy. Consider other ideas. Get to know the members in your community by

face and name. Be neighborly and speak to each other! Word of mouth is often helpful so long as rumors or misinformation are not spread. Create a phone tree. Management can contact board members, they can contact a handful of homeowners, and each homeowner can contact a handful of people and so on. Keep an updated directory of actual contact names and numbers of people living in the community. It’s not uncommon that an owner who rents their unit doesn’t pass messages on to their tenants or vice versa. Text messages have become a great tool to communicate quickly in the event of important alerts or emergencies. Posters can be eye-catching hung in common area bulletin boards or mail rooms. Or “A” frame sandwich signs can be placed near entrances. Be careful to check your covenants and be clear on what is and is not allowed. Where signs cannot be posted consider door hangers. Print a message and leave one hanging on every doorknob. For mid-high-rise communities consider notices in elevators. As always, “snail mail” helps assure that all members receive a copy at their homes and comply with governing document requirements in some cases. This ensures that everyone is guaranteed to get the message. As Groucho Marx once said, “Years ago, I tried to top everybody, but I don’t anymore. I realized it was killing conversation. When you’re always trying for a topper, you aren’t really listening. It ruins communication.” Follow up is imperative to the success of communication. You can spread all the messages you want, but if no one is listening, you’ll need to go back to the drawing board.

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By Meghan Marville, CMCA Meghan is currently a community manager with CMC. A raconteuse at heart she has studied film and television in the U.S. and Ireland. She holds a degree in Media Arts and Design from James Madison University and has been passionately in love with David Bowie since she was six years old.

CYBERBULLYING B

efore the Zach Morris cell phone, HAL, Siri, Alexa, or social media, you didn’t need foreboding music to alert you that a bully was coming down the hall to stuff you in a locker and steal your lunch money. You could see that stereotypical pudgy malcontent coming from a mile away. These days, bullies come in all shapes and sizes, (like a teacher for instance, which is not only an oxymoron, it’s pathetic), but unlike the bullies of old who unwittingly wore their stupidity and ignorance with pride, a cyberbully is a coward who hides behind an avatar and a firewall. Sure, their actions are still cloaked with ignorance, but they are too gutless to voice their trinkets of self-importance into the faces of their imaginary foes. Who hasn’t accidentally opened their mouth to let an uncalculated pile of rubbish fly out? It happens to the best of us, even when we count to ten. You can’t take it back, but you can apologize. You can try to make it right. As what Sam Horn refers to in her book, Never Be Bullied Again, a 95%er, is a person who wants to cooperate, cares what’s fair, listens to reason and seeks a win-win situation. The behavior of a bully, on the other hand, is willful, calculated, and nefarious. A cyberbully will purposefully and repeatedly try to inflict harm through run-on sentences and often misspelled words in an effort to manipulate, cajole, or otherwise intimidate someone they perceive as weaker than they. This is a 5%er, someone who seeks to control, to win, is unconscionable, unreasonable and attacks others while never admitting fault.

26 | QUORUM

While bullying is most commonly portrayed on the playground, bullies are everywhere, even in community associations. Owners may send harassing emails to their neighbors over covenants infractions; residents might perpetuate gossip about a board member they don’t like by accusing them of being unfit to serve due to a personal matter. Even managers are cyberbullied. I know, it has happened to me. No one wants it, and no decent person would wish it on another. As if it weren’t already bad enough, cyberbullying can lead to other claims such as defamation, violations of the Fair Housing Act and breaches of confidentiality. But did you know that cyberbullying can be a violation of the governing documents? Many prohibit improper, a noxious activity that may become a nuisance to others. Cyberbullies are more than willing to get up on their electronic soapboxes and continuously demonstrate their inability to read the governing documents so one of the most important arrows in your community management quiver is to know your docs because sooner or later an issue or dispute will be brought to your office doorstep. Prevention is key. No matter how your community gets the word out, make sure there is a communications and social media pol-

icy in place. Many communities have their own, resident-run social media pages so be sure to clarify exactly which means of communication are official, versus those that are not. “Knowledge is power… Knowing is half the battle,” and other true clichés are popular for a reason. Educate a disgruntled resident who angrily barges into your office because they read on Facebook that management was trying to restrict their rights by politely reminding them which pages are association run and explain the nature of the rule or violation. Educate your board. Yearly board training can prove to be invaluable however be sure to include that how they conduct themselves as a member of the board, including emails, and social media posts, may be perceived by residents as a representation of the association when that is simply not always the case. Protect your community by advising the board to maintain directors and officers insurance. Does your general liability insurance cover emotional or mental injury? Might want to check on that. If you see something, say something. DO something. If cyberbullying presents itself through an association run forum, report the abuse to the board. A communications policy should provide for the board’s right to remove or restrict the abuser from the site. If required information is posted from a third-party source, provide a disclaimer. Always do your best to be sure any posted information is true and correct. As community managers, we have the necessary tendency of becoming a Jack of all trades, and sometimes that includes mediation. Offer to be the arbiter in a dispute between residents. Listen to their quarrel, educate them on the rules, and let them leave your office as friends. Most of the time a person just needs to be heard. Sometimes asking people to be reasonable is just a bit too much for them. When in doubt, engage legal counsel. Special thank you to Leslie Brown, ESQ. from Rees Broome, PC. Her presentation titled “Identifying and Handling Cyberbullying in Community Associations” was used as a reference for this article.

By Sam Sadle Sam is past president of the Renaissance Condominium Association in Washington, D.C. He is a public policy advisor and lives in San Francisco, California.

managing diverse buildings: Techniques for Building Robust Channels of Communication

“Would someone please send an email to the building ListServe?”

hile this is a common phrase heard in condo association board meetings around the country, the process is not so simple when you’re running a multigenerational, multilingual, diverse building. In some cases, not everyone in the building has internet access, and those that do may only check their emails infrequently. Also, not everyone speaks English, meaning that even if they receive the email, residents may not have the language skills to properly comprehend its meaning and take action. Challenges like these mean that community leaders in diverse buildings must take extra steps to ensure all members of the community have all the information they need to participate in the community and make informed decisions.

Ensuring effective communication in a diverse building begins before the first email is sent. Key to effective communication (and for that matter effective management) is assembling an association board that is representative of the diverse constituencies in your community. In our building, this means ensuring we have at least one Spanish speaker and one older person on our five-member board.

Having a diverse set of stakeholders on the board enabled us to consider the potential impacts of our decisions on our residents more effectively and to examine the successes and (sometimes failures) of our communications strategy. In addition to ensuring sufficient representation on your board, another key step to communicating in a diverse building is ensuring multiple “touch points,” particularly for important issues, such as budgets and capital improvement projects. In our case, this means following up on the building-wide email with another email in Spanish, posting the text of the email (in both languages) in the lobby, and sometimes taking the extra step to place a paper copy of the message under everyone’s door. By taking these extra measures, we can ensure that everyone is at least minimally aware of what is happening in the building. However, it is also important to realize that communication is a two-way street. The board can push out all the information it wants to residents, but you’ve got to listen as well and incorporate resident feedback into plans and projects, without which all of your work could end up being for naught. Finally, the key to communicating in a multi-generational, diverse building is personal outreach—meeting residents

where they are. This can include holding “office hours” where board members make themselves available in the lobby to answer questions, knocking on doors to reach community members who may otherwise be unavailable, or just taking the time to answer questions when stopped in the hall. By meeting residents where they are, board members can close the gap between decision-makers and residents, building greater levels of trust both on a given issue and for the long-term health of the building. At the end of the day, this kind of “old school” approach to communication simply cannot be replaced for some residents. Building strong channels of communication between residents, management, and leadership is a difficult task in any condominium association. This is made even more difficult when living in an income, racially, and linguistically diverse community. Overcoming these fissures is difficult and takes a significant effort. Taking the time to ensure a representative board, building multiple “touch points” with residents, and undertaking personal outreach can not only improve communication in your community but helps build the trust that allows condo associations to weather the difficulties and enjoy the benefits of communal living. DECEMBER 2017

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By Hiruy Dafla, P.E. Hiruy Dafla is an associate with Structural Rehabilitation Group, LLC (SRG) a consulting engineering firm that specializes in the rehabilitation of existing buildings. He is a registered professional engineer in the District of Columbia, Maryland, and Virginia. For the last twelve years, he has been responsible for the investigation and diagnosis of building problems, preparation of design documents, development of phased rehabilitation programs, as well as performing construction observation and contract administration services on numerous major capital projects.

Odors:

If I Am Not Invited to Dinner; I Don’t Want to sMELL My Neighbors Cooking

ne common issue in residential properties is the transmission of odor from neighboring units. Most frequently this issue occurs at multifamily structures with shared party walls and common corridors such as midrise and high-rise structures. The complaint is usually, “I can smell the cooking from my neighbors” or “my neighbor is smoking, and I can smell it in my unit.” The science behind the movement of air involves several factors. However, just like the meteorologist tells us every morning, the primary driving force behind the movement of air from one area to another is primarily a difference in pressure. Just like it occurs external to our built environment, pressure fields exist in our buildings as well. Air moves from a high-pressure area to a low-pressure area, and these pressure differentials can be caused by rising or falling pressures related to heat, barometric changes, wind, etc. Also, buildings have mechanical systems that move air from one location

28 | QUORUM

to another using ducts and fans. While the driving forces are important another factor in buildings that needs consideration is the communication between the two spaces such as holes, gaps, joints, and openings that connect or allow communication between the two spaces. I am sure most of you are saying “well that’s great and all, but how are my neighbors cooking smells getting into my unit.” Well, the quick answer is that the supply and demand are not balanced. As an example, let us say resident A is running the dryer which exhausts air out of the unit at a high rate, this creates a demand for fresh air. Where does the fresh air come from? Well, the “good” fresh air comes from a “make up” air source built into the building’s enclosure and or mechanical systems. In modern buildings, these may include but are not limited to the following: • duct systems that direct air from the exterior directly to the unit;

• duct systems that direct air from the roof to the hallway and from the hallways to the unit through the hallway door undercut (gap between the door and threshold). • From an open window in resident A’s unit. The “bad” make up air sources on the other hand include but are not limited to the following: • Neighbors unit allowing “horizontal” air flow in, though, or around unsealed party walls; • Air from leaky ducts or duct chases adjacent to unit A; • Breaches in the floor slab allowing “vertical” airflow from spaces above or below. • Leaky window or door assemblies • Leaky building enclosures When make up air is sourced from the “bad” make up air sources, it comes with all the odors of the area it is sourced from. So, if resident A’s make up air is sourced from the neighbor B, and neighbor B is a smoker and/or is cooking, the odor can migrate into resident A’s unit which has a lower pressure environment than the one immediately adjacent. In the above example, we have stated that negative pressure is caused by resident A’s utilization an exhaust system. However, that

is not necessarily always the cause. Some buildings utilize exhausts on rooftops that are constantly pulling air from the space which in turn puts a constant demand for make up air to replace the exhaust leaving the space. So if the “good” make up air supply and the demand is not well balanced, then naturally the bad make up air will make up the difference. Another common practice by building occupants that creates an imbalance between the supply and demand is sealing door thresholds due to drafts, noise or odors from the common corridor. If the building was designed to provide supply air to the unit from the door threshold undercut, then placing any type of seal at the door threshold cuts off the supply of “good” make up air, therefore precipitating the demand for the “bad” make up air.

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

take that to the bank.

In addition to the supply and demand imbalance caused by actions of residents as described above, imbalance could occur due to poor mechanical system design, old equipment, renovations that change the behavior of the building such as replacement of windows, interior finishes renovations, and additions or modifications to a unit such as a new kitchen hood, cloth dryer, bathroom fan replacement, etc.

Addressing the problem requires educating the residents about how their system works so that if their actions are causing the problem, it can be corrected.

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

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For issues beyond the actions of the resident, then a balanced approach to understanding the source of the imbalance between supply and demand as well as sealing the holes that allow “bad” supply air to communicate to the adjacent living spaces is required. A good understanding of building construction, mechanical system, diagnostics through testing and corrective actions that forecast a realistic view of how residents will utilize their systems are all key to a successful remedy to address odor problems in a building.

DECEMBER 2017

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By Ashish Patel Ashish is an accomplished software engineer with over 25 years’ industry experience. He is the founder and CEO of Pilera Software, a cloud-based property and community management software company. Prior to founding Pilera, Mr. Patel was a senior level consultant for Fidelity Investments for 13 years. Ashish has served as a board member of CAI-NH chapter and is part of The Foundation for Community Association Research’s Technology and Data Security Task Force.

How Software Can Enhance Your HOA’s Communication

ith community management, conversing with residents and improving customer service are top challenges. Excellent communication enhances accountability, cultivates a more involved community, and helps diffuse conflicts. Community management has strongly benefitted from technology advancements. Here are some examples of digital tools your team can use to build a stronger community.

Web Portal A powerful tool that has become increasingly relevant in recent times is a community management software with management and resident web portals. There are many industry-leading softwares such as Pilera, SenEarthco, BuildingLink, and more. One of the strongest benefits is the organization of pertinent information that will help you communicate more effectively. All informa30 | QUORUM

tion is stored in a cloud-based, centralized database, accessible anywhere and anytime by managers, board members, staff, and residents with a secure login. Imagine ridding yourself of cluttered filing cabinets and outdated spreadsheets! Your software should have the capability to list all residents with their contact information, and send messages and files quickly to community members. Many programs have automated workflows that simplify messaging. Being able to create and save message templates for future use, sending messages to specific groups, and viewing an archive of all communications are some of the greatest benefits afforded by a web portal. More recent programs provide some helpful capabilities for residents to manage their information on the front-end to alleviate staff from performing time-consuming work.

For example, in Pilera’s communications platform, residents can update their contact information and choose the preferred contact method (by phone, email, or text) and language. Many modern systems integrate voice-dialing systems that convert typed messages into a phone call to your residents, whether the message is regarding maintenance work or for an emergency such as water shut-off. That way, messages will reach residents who may not have email.

Remember, at the heart of any communications software should be the ease and flexibility in which you can communicate with your residents.

If you plan on performing maintenance to one road, your software should afford you the flexibility to send messages to only residents living in homes on that road or even schedule announcements ahead of time.

Website A website is a great way to have a public presence and grow your community. It’s also helpful for marketing purposes for residents looking to move into the association. Content-wise, keep each page brief and to the point. Concerning design, it’s important to make the website aesthetically pleasant by using colors, fonts/typography, and multimedia that are both informational, entertaining, and that forms a cohesive message of your community’s brand. Websites, however, are challenging to maintain as it requires frequent updates to the site and additional staff to dedicate time to website maintenance. And if not maintained regularly, residents will lose interest to check periodically.

Social Media Social media provides countless platforms to interact in real-time. The advantages are many—building relationships, creating a community persona, and relaying information quickly. Facebook is a great way to connect with your community. You can send event invites, convey vital information, create groups, and share news articles, photos, and videos. While Facebook is a constantly growing platform, not all residents have an account, or they may be resistant

in participating in a group. You may be able to reach many members, but not everyone.

Collaborative Email Platforms Collaborative platforms such as Google/Yahoo Groups allows for two-way communication via email lists. You can disseminate important information, share photos and other documents through email groups. Residents can also communicate with one another, inform others of events, and ask questions. Similar to Facebook, inviting and removing members upon joining or leaving a community is a manual process. Additionally, conflicts between members on a public platform may be challenging to manage. If you decide to go these routes, recognize the investment in time required to moderate behavior and manage online reputation.

Consider & Evaluate Your Options Communication is multi-channel, and therefore it’s best not to put all eggs in one basket. A combination of web portals, websites, social media, and collaborative email platforms can be used to reach residents with different communication accessibilities, although you have greater chances of reaching residents through a web portal. As you consider the platforms available, understand your community’s current process and create a roadmap for future processes. Research technology options that fill those gaps. Any technology is an investment of time and money, so discovering the solution that best fits your requirements delivers huge payoffs.

*STOP, DROP AND CONTACT COUNSEL* RECOGNIZING LEGAL ISSUES

Practicing law without a license is a crime in many states and creates risks for community managers as well as the boards and associations that rely on them. Join William A. Marr, Jr., ESQ. and Tiago Bezerra, ESQ., of the Law Office of William A. Marr Jr. as they explain what constitutes "practicing law” and provide guidance on how to identify and resolve legal issues.

WHEN

WHERE

Tuesday, December 5, 2017 12:30 – 3 p.m. Registration opens 12 p.m. Lunch begins at 12 p.m.

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

WHO

HOW

This program willbenefit Managers

Visit www.caidc.org to register

LUNCH WILL BE PROVIDED.