Quorum July 2019

Washington Metropolitan Chapter Community Associations Institute

JULY 2019

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

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____________________________ Distressed Communities: Challenges and Opportunities ____________________________ An Inconvenient Truth: Open Meetings ____________________________ Ten Years of “Ombudsmanship”

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JULY 2019

­CONTENTS 14 The Challenges of Building and Litigating a Short-Term Rental Convenants Enforcement Case

BY KATHLEEN N. MACHADO, ESQ.

16 DC Legislative Update — Structural Warranty Issues Take Center Stage

BY JANE ROGERS, ESQ.

18 Maryland Legislative Update — Maryland General Assembly Falls Short in 2019

BY SCOTT SILVERMAN, ESQ.

20 Virginia General Assembly Report — Common Interest Community Legislation

DEPARTMENTS AND MORE 5 Message from the President 6 Chapter Benefactor: Associa Community Management Corporation 7 Chapter Benefactor: The Falcon Group 9 Welcome New Members 10 Upcoming Events 13 People & Places 34 2019 Legal Resource Directory 36 Classifieds 37 Index to Advertisers

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

BY TIAGO DUNCAN BEZERRA, ESQ. AND LUCIA ANNA (PIA) TRIGIANI, ESQ.

25 Behind the Curtain: Ways CAI National Advocates for Community Associations Locally & Nationally

BY DAWN M. BAUMAN, CAE

28 Distressed Communities: Challenges and Opportunities

BY ILANA BRANDA

32 An Inconvenient Truth: Open Meetings

BY SUSAN L. TRUSKEY, ESQ.

39 Ten Years of “Ombudsmanship”

BY HEATHER GILLESPIE, ESQ.

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

We also wel­come ar­ti­cle sub­mis­sions from our ­members. For author guide­lines, call (703) 750-3644 or e-mail publications@caidc.org. Articles may be edited for length and clarity. JULY 2019

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info@brotherspaving.com

WE CARE ABOUT THE FUTURE OF OUR COMMUNITIES At Brothers, we recycle over 90% of the asphalt millings we remove, saving both natural resources and energy. The asphalt industry recycles more than 70 million tons of its own product every year, making it America’s number one recycler. We’re proud to be doing our part.

President Rafael A. Martinez, CTP President-elect Airielle Hansford, CMCA, AMS, PCAM Vice President Michael Gartner, ESQ Secretary Ruth Katz, ESQ. Treasurer Kristen Melson, CMCA, AMS, PCAM Immediate Past President Sarah Gerstein, CMCA, AMS, LSM, PCAM (EX OFFICIO) Executive Director Jaime Barnhart, CMP, CAE (EX OFFICIO)

D IRECTOR S Jennifer Bennett, CMCA, AMS, PCAM, Thomas Burrell, Judyann Lee, ESQ., Sara Ross, ESQ., Gary Simon, CMCA, AMS, PCAM, Todd A. Sinkins, ESQ., Jon Stehle

CO U N C I L C HAI R S Communications Council Leslie Brown, ESQ. Education Council Debra Johnson, CMCA, AMS, PCAM Member Services Council Bernie Guthrie, CMCA, AMS, PCAM

CO MM I T TE E C HAI R S Conference & Expo Donna Aker, CMCA, AMS, PCAM and Chris Goodman D.C. Legislative/LAC Scott Burka, CMCA, AMS, PCAM, and Jane Rogers, ESQ. Education Kevin A. Kernan, ESQ. and Todd El-Taher Golf Adrienne Zaleski and Brian Lord, CMCA, AMS Maryland Legislative Scott Silverman, ESQ. and Aimee Winegar, CMCA, AMS, LSM, PCAM

Public Outreach Elisabeth Kirk and Kim Myles Membership Jeffrey Stepp, CMCA, AMS, and Noni Roan, CMCA Quorum Editorial Susan L. Truskey, ESQ. and Christopher Carlson, PE, SECB Chapter Events Kristen Adams and Jen Ann Santiago, CMCA, AMS, PCAM Virginia Legislative Ronda DeSplinter, LSM, PCAM and William A. Marr Jr., ESQ.

QU O RUM Managing Editor Morgan Wright, mwright@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 Christopher Carlson, PE, SECB Members James Anderson, Michelle Baquero, CMCA, AMS, Adrian Blakeney, Mira Brown, CMCA, AMS, Leslie Brown, ESQ., Doug Carroll, Deborah Carter, CMCA, AMS, PCAM, Sara Castle, Sarah Foley, Stephen Grant, Scott Greges, CMCA, AMS, Shannon Junior, Kevin Kelly, Richard Kuziomko, CMCA, AMS, PCAM, Crishana Loritsch, CMCA, AMS, PCAM, Liliana Martinez, CMCA, AMS, Kirby McCleary, Thomas Mugavero, ESQ., Crystal Partin, CMCA, AMS, PCAM, Kara Permisohn, Brandi Ruff, CMCA, AMS, PCAM, Lauri Ryder, CIC, CRM, CMCA, Andrew Schlaffer, Chelsie Throckmorton, Olga Tseliak, ESQ., Lee Ann Weir, CMCA, AMS, Doug White, Nicole Williams, ESQ., Meagan Willis. Aimee Winegar, CMCA, AMS, LSM, PCAM, Jim Wisniewski, 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 3,200 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.

Well, it’s that time of year when we embrace the longer days, bathe in the sun and jump into the pool to cool off after a long, humid day. As we gear up for the fun, let’s remember our fantastic community managers and dedicated business partners that provide logistical support, maintenance and supervision to the common areas that we look forward to using daily during this season. I’m sure that in these busy days of summer, a simple thank you would be greatly appreciated by those that serve your community!

FROM THE PRESIDENT

O FFICE R S

Since last I penned a President’s message, I have returned from a trip to beautiful Orlando, FL where I, along with many Chapter colleagues, attended the 2019 Community Association Institute (CAI) National Conference & Expo. The weather was sunny, the company was great, and the Conference was top-notch! The Chapter picked up two awards for the New Board and Chair Orientation in the Leadership category and a Chapter Excellence Award in recognition of overall excellence in Public Affairs, Membership, Chapter Management & Development, Member Services and Leadership. Great job, team! While there were many great classes to attend, I thoroughly enjoyed the best practices for Chapter Leaders seminar and the shoptalk for Bankers (my day job!). I was able to get great take-aways on how other Chapters are developing internal leadership and I got a glimpse on how people in my profession view the Community Associations segment from a business perspective. If you have never been to a CAI National Conference, I would encourage you to consider going next year, where It will be held once again in sunny Florida (Fort Lauderdale). Plus, a trip to warmer weather is always a good idea! And finally, a quick word about this edition of Quorum. We dedicate this month’s pages to the important legislative matters that impact our industry. You will read articles written by some of the leading advocates of our industry, covering very timely issues such as short-term rentals and distressed communities. Additionally, you can get a full update on the recent legislative sessions in your jurisdiction from the folks that are tackling our industry issues on a daily basis. Certainly a jam-packed edition on one of our most popular topics. Have a safe and fun 4th of July holiday with your friends and family!

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 2019 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. To advertise in Quorum, e-mail publications@caidc.org. For more information about Quorum or WMCCAI, visit www.caidc.org.

RAFAEL A. MARTINEZ,

CTP

Raf is the community association segment manager with Access National Bank. Rafael brings more than 10 years of industry experience in community association treasury management and lending. He is a Certified Treasury Professional (CTP), a designation earned through the Association for Financial Professional, signifying expertise in capital and risk management. He earned a B.A. in economics at George Mason University, is a U.S. Army veteran, and has been involved in Washington Metropolitan Chapter Community Association Institute for more than eight years, including serving on the board of directors. JULY 2019

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CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

Associa Community Management Corporation 4840 Westfields Boulevard, Suite 300 City, State ZIP: Chantilly, VA 20151 Telephone: (703) 631-7200 Fax: (703) 631-9786 Website: www.cmc-management.com

owner 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.

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, and West Virginia • Corporate Associations: D.C. Cooperative Housing Coalition, Northern Virginia Building Industry Association, Building Owners and Managers Association International • Licenses Held: Accredited Association Management Company (AAMC) • Certifications: “Great Place to Work” Designation for 2017 and 2018. Associa CMC is proud to be the only management company in our area to submit for and receive this prestigious designation honoring a commitment to workplace culture and how it compares to the rest of the world.

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: • 97 Certified Manager of Community Associations (CMCA) • 55 Association Management Specialist (AMS) • 24 Professional Community Association Manager (PCAM) • Large-Scale Manager (LSM)

S ervices Provided: Associa CMC has been in the association management business for over forty-seven 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 home-

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. Contact: John Tsitos, President CMCA, AMS, PCAM, jtsitos@cmc-management.com

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 Morgan Wright at publications@caidc.org or by phone at 703.750.3644. Advertising:

For advertising, availability, rates, and specifications, please contact Morgan Wright 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

CHAPTER NEWS

C H A P T E R

B E N E F A C T O R

The Falcon Group Engineering, Architecture, Energy Services and Reserve Specialists 7361 Calhoun Place, Suite 325 City, State ZIP: Rockville, MD 20855 Telephone: (240) 328-1095 Fax: (240) 328-1096 Website: www.f alconengineering.com Year Established or Incorporated: 1997 • Areas you serve: DC, Maryland, and Virginia • Corporate Associations: Member of American Society of Civil Engineers (ASCE), Member of Structural Engineering Institute (SEI), Member of National Society of Professional Engineers (NSPE), Member of National Society of Architectural Engineers (NSAE), Member of Sealant Waterproofing and Restoration Institute (SWRI), Professional Member of the Roof Consultants Institute (RCI), Member of International Code Council (ICC) • Licenses Held: P.E., M.E., R.A./A.I.A., P.R.A., R.S., L.L.S., Construction Official, Building Inspector, Mechanical Inspector Services Provided: The Falcon Group was founded in 1997 with a vision of creating a full-service, client-centric engineering and architecture firm. “We wanted to create a ‘one-stop-shop’ with a strong focus on customer service to bring a higher standard to the industry.” Since then, The Falcon Group has been dedicated to their clients and focused on delivering a wide range of services. Over 20 years later, The Falcon Group continues to grow. Our staff works tirelessly to bring creative and innovate solutions and services to the marketplace. We pride ourselves on being able to assist with virtually every aspect of the construction process. From planning and design, to construction management, inspections, energy consulting, renovations, compliance to litigation and forensic engineering—Falcon has it covered.

The Falcon Group has extensive experience in the preparation of Capital Reserve Studies and Transition Engineering Reports for Community Associations. We have prepared over 3,000 Capital Reserve Fund Analyses since 1997 and have accumulated more than 100 years of collective experience among our staff which includes both CAI designated Reserve Specialists (RS) and APRA certified professional reserve analysts (PRA). Company Philosophy: Our wide-range of services offered certainly sets us apart from other engineering firms, however we truly believe it is our staff and their ability to make strong, lasting connections with our clientele that is our competitive advantage. We pride ourselves on delivering outstanding customer service and our repeat clientele, some for over 20 years, is testament to that. Falcon has a staff of some of the most talented and personable people in the business. Every day they strive to share their knowledge and passion to help improve our communities. Everyone at Falcon is always willing to go that extra mile to make sure the job not only gets completed and done right the first time but also that clients stay informed throughout the process via open lines of communication with our engineering and architectural professionals, project managers and office staff. We really care about our clients and take pride in our work. At the end of the day, we sell two things:: 1) Trust and 2) Results. Falcon has built a 20+ year, positive reputation based on these two pillars of our foundation. Contact: J. Stewart Willis, swillis@falconengineering.com

JULY 2019

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MAKING HAPPEN [STRESS-FREE MANAGEMENT]

DISCOVER WHY ASSOCIA IS #1 IN COMMUNITY MANAGEMENT! It takes more than just a provider to deliver the core services and customized solutions necessary to keep a community functioning at the highest level – it takes an experienced partner. At Associa we understand the importance of keeping your community beautiful and functional. From top tier management and bulletproof finances to a customizable menu of maintenance and other services, we offer comprehensive solutions to ensure your community always looks its best. Our local, qualified team members are committed to being your trusted advisors every step of the way.

CONTACT US TODAY!

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CHAPTER NEWS

Welcome New Members WMCCAI proudly welcomes the following members who joined the chapter in May 2019.

High Level of

Community Association Volunteer Leaders from the Following Associations Americana Centre Condominium, Inc. Audubon Square Community Association, Inc. Columbia Towers Condominium Association Council of Unit Owners of Adagio Condominium Greenwood Homeowners Association Heritage Woods I Condominium King Farm Citizens Assembly Lakeview of Culpeper Homeowners Association New Bristow Village Homeowners Association Park Fairfax Condominium Unit Homeowners Association Plymouth Woods Condominium Potomac Club Owners Association, Inc. Potomac Plaza Terraces, Inc. Raspberry Falls Homeowners Association The Unit Owners Association of Park Square Condominium at Potomac Club The Wisconsin, A Condominium Vistas at Laurel Lakes Condominium Waterview Cluster Association

SUPPORT HELPS

BOARDS

be Effective with Homeowners

Individual Managers Samuel Woo-Yewl Chung, Abaris Realty, Inc., AAMC Rebeca Escobar, FirstService Residential, AAMC Kisha Mmari, Halstead II Alexis Phillips Isha’ Michelle Skanes, SIGMA Real Estate Services Gelyn Lucia Trana Multi-Chapter Business Partner Toll Brothers, Inc. Student Daniel Clark

703-642-3246 | 6395 Little River Turnpike Alexandria, VA 22312 | northernvirginia.sentrymgt.com 540-751-1888 | 602 S. King Street, Suite 400 Leesburg, VA 20175 | loudoun.sentrymgt.com JULY 2019 953210_Sentry.indd 1

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15/02/19 11:54 PM

UPCOMING EVENTS

J U LY 1 7

Bowling & Brews Happy Hour 4:30 – 7:30 p.m. Bowl America - Fairfax 9699 Lee Highway Fairfax, VA 22031

Take a step back and remember what it was like meeting friends for a night of fun at the neighborhood bowling alley (or, join us and try it for the first time!). Polish up your bowling balls and shoes for a night of fun as we light up the lanes at Bowl America! Join WMCCAI and your industry colleagues as we network over a night of balls, bites, beer, and some simple, old school fun. Please visit www.caidc.org for more information or to register online.

J U LY 3 1

WEBINAR: Mold – Dealing with the Silent Menace 10 – 11 a.m. ONLINE

Walls, clothes, books, toys – nothing is sacred when it comes to mold growth. Its seemingly insidious growth can cause a great deal of damage to our prized possessions. But for all its corrupting menace, to what extent should we be worried about mold when it invades our homes or businesses? Please join Greg Gandee of ServiceMaster, NCR for an in depth look at precisely what mold is, what causes it to grow, its health effects and what owners and occupants can do to stop it. Worth (1) one credit hour. Learn from your own computer or device! Please visit www. caidc.org for more information or to register online.

AUGUST 6

Manager Roundtable: Essential Tools to Navigate Your Community 12 – 3 p.m. Maggiano’s - Tyson’s Corner 2001 International Drive McLean, VA 22102

Learn how comprehensive strategic planning tools can navigate your community in positive and productive directions with key stakeholder groups to improve service delivery and member experiences. Please visit www.caidc.org for more information or to register online.

AUGUST 16

Wine Down: A Tasting & Networking Event 1:30 – 4 p.m. Effingham Manor 14325 Trotters Ridge Place Nokesville, VA 20181

Who’s ready for some Wine?! Join WMCCAI at Effingham Manor as we end the summer with the drink of the gods and a few fabulous pairings. Sample some of the best Virginian wines, share a few bites, relax and network in a beautiful winery setting. This event provides a perfect opportunity to network in a fun and casual environment alongside your association peers! Please visit www.caidc.org for more information or to register online.

AUGUST 17

D.C. Homeowner Education & Legislative Update 9 a.m. – 1 p.m. Washington, D.C. – Location TBD

Experienced managers and attorneys from D.C. will provide training to teach you how to read and interpret your financial documents. The program will provide updates regarding recent legislative action in the city. This session is presented by Community Associations Institute’s DC Legislative Action Committee and CAI’s Washington Metropolitan Chapter. Visit www.caidc.org to register.

OCTOBER 12

2019 Golf Classic 8:30 a.m. – 6 p.m. Westfields Golf Club 13940 Balmoral Greens Ave Clifton, VA 20124

Grab your clubs and join your WMCCAI colleagues for a day of golf at Westfields Golf Club. Spend the day on this popular and challenging course, win door prizes and enjoy food and festivities. Registration includes greens and cart fee and food & beverage on the course, and an awards networking reception. Not a golfer? Join us for the cornhole tournament and the awards networking reception! Visit www. caidc.org to register. Sponsorship opportunities available.

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. 10 | QUORUM

H E L P SU PPO RT LEGI SLAT I VE E N G AG E ME NT BY CO NTRI BUTI NG

A DOLLAR A DOOR

Legislative Action Committees (LACs) are CAI’s official voice with legislators and regulators in a state. LACs are not: X

a political organization

X

a financial contributor to legislators

X

affiliated with any political party or entity

LACs are:  volunteers from across the state or district  monitoring legislation that affects community associations  educating community association boards and professionals about legislation  WORKING FOR YOU!

Legislative advocacy is one of the most important services Community Association Institute (CAI) provides for community associations. Legislative Action Committees (LACs) are CAI’s official voice with legislators and regulators in a state. Three CAI Legislative Action Committees serve our region – one each in Virginia, Maryland, and the District of Columbia. LACs allow CAI to speak with one voice on legislative and regulatory matters that affect community associations, community association managers, and CAI business partners. The individual volunteer members of the LACs work countless hours throughout the year to support the needs of community associations; however, new threats and opportunities are requiring our LACs to employ government affairs professionals in order to open the doors of decision makers and maintain a high-level of advocacy.

The LACs receive funding from CAI and the local chapters; however, these funds do not cover the full expense for professional lobbyists that are essential to LAC successes. Your community’s contribution is critical in helping fulfill our advocacy mission, communicate with policy makers, and raise our profile at state capitols. “A Dollar a Door” is a suggested donation, but any contribution is welcome. Though it may seem like a small amount, every dollar truly makes a difference. We hope you will contribute today and include regular donations in your annual budget. You do not have to be a CAI member to contribute to a LAC. This form can be mailed along with your donation directly to the LAC.

2019 DOLLAR A DOOR DONATION FORM DONATION AMOUNT: We will donate $1.00 per door (number of doors: __________) We will donate $__________ per door (number of doors: __________)

This form can be mailed along with your donation directly to the LAC:

We will donate a flat amount of $__________ Total Donation: $___________ Donation is for:

D.C. LAC

MD LAC

VA LAC

VOLUNTEER:

We are interested in volunteering, speaking, and contacting legislators. Please contact us with further information!

CONTACT INFORMATION: Community Name: ___________________________________________________________ Community Contact Name: ___________________________________________________ Mailing Address: ____________________________________________________________ ____________________________________________________________________________ Email Address: ______________________________________________________________ Phone Number: ______________________________________________________________ Legislative District:___________________________________________________________

PAYMENT METHOD: Check (enclosed)

Visa

MasterCard

AMEX

Credit Card Number: _________________________________________________________ Exp. Date:___________________________________________________________________ Signature: ___________________________________________________________________

*Please make checks payable to the LAC (DC LAC, MD LAC, or VA LAC) and mail to the address listed on this form.

Please return the form to: • DC Legislative Action Committee c/o WMCCAI, 7600 Leesburg Pike Suite 100 West Falls Church, VA 22043 • Maryland Legislative Action Committee P.O. Box 6636 Annapolis, MD 21401 • Virginia Legislative Committee c/o WMCCAI, 7600 Leesburg Pike Suite 100 West Falls Church, VA 22043

Rees Broome, PC is proud and excited to announce that three of our community associations attorneys, Hillary Collins, Winta Mengisteab and Kelly Zook, have been promoted to Shareholders effective April 1, 2019. Hillary represents homeowners’ and condominium associations throughout Maryland and Northern Virginia. Her practice focuses on assisting associations with revisions to governing documents, the enforcement of covenants, and with collection efforts in Maryland and Virginia. Hillary works with associations to overhaul and revise outdated governing documents to incorporate newly adopted provisions of law and to delete obsolete provisions pertaining to declarant rights and obligations; implement new strategies and policies to maximize collection efforts in a challenging economy; and, draft policy resolutions to address the unique and often complicated circumstances faced by associations in the areas of due process, architectural control, design guidelines, Fair Housing accommodations, and insurance deductible responsibility. Winta represents several community associations throughout the DC, Maryland, and Virginia tri-state area. As a community associations attorney, Winta works with condominium and homeowners’ associations to negotiate service contracts; obtain FHA pre-approval; transfer storm water management/maintenance facility responsibilities; draft easement agreements; defend lawsuits/complaints against the association (ex. for disputed contracts or complaints submitted to various consumer rights commissions); defend complaints against associations for alleged Human Rights violations; negotiate condemnation/eminent domain matters; and collect unpaid condominium fees and association assessments. Kelly represents community associations in Virginia. As a community association attorney, Kelly works with community associations to amend associations’ Articles of Incorporation, Declaration and Bylaws; draft and amend Policy Resolutions, Charters and Architectural Guidelines; collect and secure delinquent assessments by filing lawsuits and liens and by initiating foreclosure actions; interpret restrictive covenants and suggest enforcement methods and options; draft and review management and service provider contracts; attend annual meetings, board meetings and covenant violation hearings; and provide Board Member and Committee Member training.

PEOPLE & PLACES

Rees Broome, PC Announces Promotion of Hillary Collins, Winta Mengisteab and Kelly Zook to Shareholders

Associa Community Management Corporation Promotes Beth Brittingham to Division Director, Katherine Leach Earns CPA License Associa Community Management Corporation is proud to announce the recent promotion of Beth Brittingham to Division Manager of the Maryland Office, effective April 22nd. Beth began working in the association management field in 1990, achieving the Professional Community Association Manager (PCAM) designation in 1996, one of the first 800 managers in the country to achieve the designation in a field that now numbers in the thousands. She joined CMC in April 2015 as the general manager for the Kentlands Citizens Assembly in Gaithersburg, MD. Beth’s management experience includes condominium associations, single family HOA’s and mix communities. Associa CMC also congratulates Katherine Leach on her recent achievement of earning her CPA License. In order to earn her license, Katherine completed a BA in English at George Washington University, a BS in Accounting at George Mason University, has been working a number of years as an Accountant, and spent over a year completing the four (4) parts of the CPA exam. Katherine is one of two Accounting Directors at Associa CMC & SCS who oversee all staff accountants in our local Chantilly office, whom both have their CPA license.

Give your business a digital boost with Quorum! Our newly redesigned digital edition of Quorum offers an array of affordable advertising options. Be among the first to reap the benefits of going digital and build a lasting online presence. For more information, contact Kira Krewson, Project Manager, kkrewson@naylor.com or 770.810.6982

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2019-05-16 1:38 PM

JULY 2019

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By Kathleen N. Machado, ESQ. Kathleen is a shareholder with Rees Broome, PC. She represents community association clients, including condominiums and homeowners associations located in the District of Columbia and Virginia. Her experience includes representation of associations for their various general legal needs including interpretation and amendment of governing documents, covenants enforcements, collections of assessment, and contract negotiations.

The Challenges of

BUILDING & LITIGATING a Short-Term Rental Covenants Enforcement Case

W

ithout a doubt my experiences in representing community association clients in both D.C. and Virginia demonstrated that some of the most challenging covenants enforcement cases involve short-term rental disputes. Many of my clients have been placed in the difficult position investigating and attempting to resolve complaints concerning violations of restrictive covenants that set minimum lease terms (typically 6 months to a year) and/or prohibit short-term, transient or hotel uses of both condominium units and lots. Having successfully navigated a number of clients through these enforcement cases, both in and out of the court system, I’ve seen the benefits of expecting the unexpected and preparing clients for vehement opposition to what many consider an encroachment upon personal vested property interests.

curring is imperative to beginning the enforcement case off on the right foot. Typically, issuance of the required notices per the terms of the association’s governing documents triggers a response from the owner, often times acknowledging the conduct in question and either agreeing to stop, asking for a grace period for compliance due to existing bookings, or denying the need for any required compliance. It is crucial to log and maintain all communications received from the owner on these matters, as they may become evidence if the case has to be litigated. Conducting due process hearings and maintaining appropriate minutes from those hearings can also lay a groundwork for strong evidence at trial. In my experience, the atypical response is for the owner to deny the rental

Many short-term rental dispute cases begin with the association coming across an advertisement from one of the many popular short-term rental websites. Associations often receive complaints concerning strangers identifying themselves as short-term renters violating the parking and waste removal rules, knocking on doors at odd times to ask for directions, and treating the management staff like a concierge service at a hotel. Appropriately documenting and maintaining the complaints received from residents, the copies of the advertisement(s) verifying the activity, and any other reliable evidence supporting that short-term rentals are oc14 | QUORUM

activity is occurring. It is rare to find an owner who denies ownership of an advertisement showing the name and face of the “host”, as well as the interior of the rental property. That being said, the most chal-

lenging cases you can have are the ones where the owner denies the activity because you will have to build a strong evidentiary foundation to prove the conduct primarily taking place behind closed doors is actually happening. The case becomes more about building the facts demonstrating the prohibited conduct, rather than focusing upon the verbiage in the legal documents, the applicable local code requirements, or whether the association complied with appropriate due process procedures. Most clients assume that a copy of an advertisement is a slam dunk to winning a case seeking injunctive relief to stop shortterm rentals. Regrettably, the advertisement alone presents evidentiary challenges as it is hearsay. Further, the advertisement often does not even identify the property by an address (just via general locations and photos). If an owner denies the prohibited conduct is occurring and the client knows otherwise, prepare yourself for a complicated and uphill legal battle. In recent cases I handled, we were prepared to enter a number of fortunate pieces of evidence that I suspect many associations would not have available. This enabled us to prevail at trial. For example, I have had in-person testimony from cooperative neighbors (who were still subject to subpoenas) about their observations and in some cases involvement in the rental activity. Note, a written complaint from a resident might not pass muster to be admitted into evidence as a

business record of the Association and in-person testimony may be required to win the case. Be aware that most of the evidence the eyewitnesses have to offer is inadmissible hearsay when it comes to people identifying themselves as short-term renters. While we have been able to successfully serve witness subpoenas on short-term tenants, understand that this is the exception to the rule. Appropriately serving a witness subpoena for on-going short-term tenants is next to impossible due to the extremely short occupancy and lack of information concerning their names and often out-ofstate permanent residences. Other items I have attempted to gain admission into evidence with varying success include, phone logs, letters from the defendant owner admitting to the conduct, concierge logs with persons identifying themselves as short-term renters for particular Units, and letters to the owner with copies of the advertisement from the association (through legal counsel and not). The hearsay and foundation challenges to these pieces of evidence can be difficult to overcome.

What we have found surprisingly simple in Virginia courts, is the acceptance by the judges of the application of “hotel” and “transient” use verbiage to prohibit rentals that were for nightly or weekly rental periods, as advertised on the popular short-term rental websites. The trend in the courts seems to be to agree that these forums serve an admittedly “transient” and “hotel” purpose, in violation of many restrictive covenants, even those that do not contain specific minimum lease terms. The local regulations of each jurisdiction can also serve as useful references to defining the term “short-term rental”. In sum, the evidentiary challenges to these cases can be considerable when the owner does not admit to the conduct in question and the association representatives have to play detective. But, if the association is prepared and dedicated to this effort, we have been able to prevail upon the courts to order injunctive relief to stop short-term rentals and to also grant reasonable awards of related legal fees and costs for associations.

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District of Columbia Legislative Update

By Jane Rogers, ESQ. Jane is a partner at Whiteford, Taylor & Preston, LLP, focusing her practice on representing condominium and homeowners associations throughout D.C., Maryland and Virginia, and dealing with the full range of issue confronting community associations. Jane chairs the D.C. Legislative Action Committee of Community Associations Institute.

STRUCTURAL WARRANTY ISSUES TAKE CENTER STAGE

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018 was an election year for the D.C. council, so most legislation under consideration early in the year either passed before the summer break or died for lack of action later in the year. The D.C. Legislative Action Committee (“DCLAC”) continued its mission of monitoring and weighing in on any legislative or regulatory developments that might have an impact on community associations in the District. The year began with lingering concerns about pending manager licensing legislation that, as originally proposed, would have imposed new training requirements on community association managers, but did not recognize or accept CAI certifications as satisfying some or all of those requirements. Fortunately, that legislation failed to advance in the Council after extensive efforts by the DCLAC through testimony and meetings with Council staff to explain why such legislation was ill-advised.

by the Council was not supported by the Mayor but was not the subject of a veto. The LAC submitted testimony on this issue two years ago. The legislation, as enacted, will not affect language in community association governing documents restricting such short-term rentals. The Council only adopted one bill amending the D.C. Condominium Act (the “Act”). The

Fair Condominium Withdrawal Amendments Act of 2018 (B22-0919) was adopted in 2018 and went into effect, after the mandatory Congressional review period, in 2019. This amendment to the Act allows a condominium to contract under certain limited circumstances (i.e. two-building condominium where the unit owners prefer to have two separate condominiums), with the unanimous consent of the affected unit own-

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The Council did, however, adopt a number of other bills that have an impact on community associations in the District of Columbia. Among the initiatives that advanced was solar panel legislation prohibiting community associations from banning the installation of such devices, but allowing the adoption of reasonable regulations regarding placement and maintenance. This legislation (Bill 22229) went into effect in 2018.

KIMBERLY MYLES

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ers, after the expiration of applicable warranty periods and, with the consent of lenders holding liens secured against affected units. This is narrowly crafted legislation which will only affect a very small subset of condominiums in the District. Over the past several years, cases addressing the foreclosure sale of condominiums for unpaid assessments have been making their way through the appellate process in the District of Columbia. The D.C. Court of Appeals has issued a series of rulings, confirming the right of condominiums to foreclose on their priority lien for six months of assessments, but adding unexpected interpretations of the notice and sale process. The DC LAC is monitoring these rulings and may recommend amendments to the Act to clarify disputed procedural aspects of the required filings and notices. For now, the DC LAC is turning its focus to structural warranty issues under the Act. For many years, those who work with District of Columbia condominiums have struggled to address the structural warranty issues found when these new or conversion condominiums are turned over to unit owner association control from their developers. Before the enactment of major changes to the Act in 2014, changes to the structural warranty provisions of the Act were considered but eventually abandoned when it appeared that opposition from developers would prevent their enactment. The same issues that existed then continue today, and the DC LAC is renewing its efforts to advance regulatory/legislative changes to address continuing issues with the structural warranty protections provided under the Act. Explosive growth in the development of new construction and conversion condominiums has resulted in a dramatic increase in structural warranty claims. In the past, the DC LAC has identified significant issues with the warranty claim process as well as shortcomings in the legislative language establishing the warranty. The failure to develop formal regulations to implement the warranty program resulted in inconsistent interpretation and processing of claims. In the past, many declarants were allowed to develop and sell units without posting the required warranty security, the security posted was and is still frequently inadequate to address the magnitude of the claims and the time to perfect a claim and receive the funds necessary to make repairs is often prolonged by uncertainties within the administrative process. Some developers continue to deliver building after building plagued with water infiltration and other significant issues depriving new unit owners of the quality of life they expected to receive when they bought what is often their first home. The DC LAC is working to tackle these issues this year. The DC LAC has formed subcommittees to address the structural warranty issue, manager licensing and other issues requiring the attention of the DC LAC. Among those subcommittees is one which has been drafting the framework for a District of Columbia homeowners’ association statute, which the DCLAC hopes to unveil later in 2019. Keep tuned for future updates on legislative initiatives and keep the DC LAC posted regarding legislative and regulatory issues affecting your community in the District of Columbia. JULY 2019

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By Scott Silverman, ESQ. Scott is a partner at Thomas Schild Law Group, LLC, where he previously worked as an associate attorney from 1994 to 2001. He has more than 25 years of legal experience representing condominiums, housing co-ops, and homeowners associations in Maryland and Washington, D.C. He has worked with community association boards and their managers in Montgomery County, Prince George’s County, Frederick County, Howard County, Anne Arundel County, Baltimore City and County and other counties throughout Maryland, as well as in the District of Columbia. Scott is active member of the Community Associations Institute (CAI), served on the Board of Directors of CAI’s Chesapeake Region Chapter and as the Chapter President. He also regularly presents at CAI education and training events on topics such as association governance, covenant enforcement, and assessment collection. Scott is co-chair of the Maryland Legislative Committee for the Washington Metro Chapter and participates in planning educational seminars for the Chesapeake Region Chapter.

THE MARYLAND GENERAL ASSEMBLY FALLS SHORT IN 2019

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he 2019 Maryland legislative session concluded several weeks ago, during which at least 3,000 different bills were proposed, two dozen of which, if adopted, would have benefitted community associations and the homeowners that manage, operate and live in them. However, due in part to the absence of firm leadership in the House of Delegates and in the Senate, and in part to the presence of a lot of new legislators who didn’t come to their jobs with a background knowledge of community association issues, only one piece of legislation directly affecting our associations’ interests was actually enacted into law. Senate Bill 905, which passed and will become effective law on October 1, 2019, will allow the developers of homeowners associations to include in the declaration provisions that control the manner in which the developer’s votes are allocated until all lots that will become part of the association have been subdivided and recorded. This legislation gives developers greater leeway and potential control than they were given under 2018 legislation that this bill amends. Many worthwhile bills actually passed the House, but failed to receive favorable treatment in the Senate, and others just died in

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committee. However, each of them meets a need that our constituency has expressed, so we can expect much of this same legislation to return again next year. For example: HB 249 would have increased, from $5,000 to $10,000, that portion of a condominium’s master policy deductible that can be passed through to the owner of a unit in which the claim originated. This legislation was the outgrowth of concern in our industry that it is becoming increasingly difficult to maintain affordable master policy coverage with a $5,000 deductible. Rather, many condominiums have been forced to accept much higher deductibles in order to avoid drastic premium increases. HB 826, if passed, could have had a widespread impact upon the enforceability of restrictive covenants in the context of an owner’s request to install an electric vehicle recharging station. As originally proposed, covenants contained in declarations and bylaws would have been all but negated, but strong lobbying and education efforts by CAI’s Maryland Legislative Action Committee were successful in bringing about changes to the bill that would have limited the effect of the legislation, allowing reasonable enforcement to continue and requiring

charging stations to meet certain criteria. If HB 250/SB 374 had passed, Maryland would have joined the District of Columbia as a jurisdiction featuring an expanded lien priority statute. Whereas Maryland’s statutes now allow priority for up to 4 months’ assessments (maximum $1,200), this legislation would have expanded the time period to 6 months and removed the monetary cap, thereby allowing a condominium to recover more of the assessments that would otherwise be lost in the event of a lender foreclosure. Of increasing concern to professionals, owners and Board members involved with our communities has become the financial viability of older communities that are facing the need to replace aging infrastructure while hampered with rising operating costs and rates of delinquency. HB 900 would have imposed the most stringent restrictions to date upon community associations with respect to their replacement reserves. The bill would have required a developer to obtain an independent reserve study and to make actual contributions to the reserve account prior to turnover. A homeowner Board would be required to update the community’s reserve study every 5 years and to being

Maryland

Legislative Update

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phasing in a mandatory minimum contribution to the reserve account that would have reached the target of 80% per annum within 5 years of the bill’s passage. Various other bills proposed in the House and Senate that failed to reach final passage would have: incorporated into the Homeowners Association Act many provisions of the Condominium Act concerning Board powers, voting, meetings and rules adoption and enforcement (HB 709/SB 612); eliminated the mandate to hold a hearing in enforcement matters unless requested by the owner (HB 392/SB 723); clarified the notice required for a subsequent meeting called after quorum is not met at the initial meeting (HB 1037); simplified the language requiring the approval of 60% of owners in good standing to amend a community’s governing documents (HB 207); and, permitted a lender’s approval of an amendment to a homeowners association’s declaration to be presumed if the lender fails to object to the amendment within 60 days (HB 825).

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Finally, taking a page from Montgomery County’s own Commission on Common Ownership Communities, HB 737/SB 721 would have required statewide registration of all community associations (exempting those in Montgomery County, which are already registered with the CCOC). Notwithstanding herculean efforts by the Maryland LAC to bring the foregoing legislation across the finish line, these bills failed to gain the momentum necessary to reach final passage. Rest assured, however, that the dedication of the LAC members and the care and concern of others in our industry will be brought to bear again next year. We encourage you, as community association members and voters, to keep an eye out for legislation that deserves support or condemnation and to become engaged in the process. You can keep track of legislation at any time by visiting the General Assembly’s website: mgaleg.maryland.gov. If you are interested in participating in CAI’s education and lobbying efforts, please contact the Chapter office for more information. JULY 2019

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By Tiago Duncan Bezerra, ESQ.

By Lucia Anna (Pia) Trigiani, ESQ.

Tiago is an associate with MercerTrigiani and is a member of the Virginia Legislative Committee of the Washington Metropolitan Chapter of CAI. He has also contributed to WMCCAI’s monthly Quorum magazine and has been a speaker in multiple programs, including most recently at the WMCCAI Conference & Expo in February 2019.

Pia is a partner with MercerTrigiani, a charter member of the College of Community Association Lawyers, and past president of the Washington Metropolitan Chapter of CAI. She remains active on legislative matters, coordinating the lobbying effort on behalf of the Virginia Legislative Action Committee. She has chaired the Virginia Common Interest Community Board since the Board was established in 2008.

COMMON INTEREST COMMUNITY LEGISLATION

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he 2019 Session of the Virginia General Assembly convened on January 9, 2019 and adjourned on February 23, 2019. This was a “short session” of the General Assembly extended one day to allow for final action on the budget bill. The reconvened session (more commonly referred to as the veto session) was held on April 3, 2019. General Assembly members considered 3,128 bills and resolutions introduced during the 2019 Session, plus an additional 206 bills that were continued from the 2018 session – for a total of 3,334 bills. On behalf of Virginia Legislative Action Committee of Community Associations Institute (“VALAC”), we monitored over 75 bills that directly or indirectly could impact common interest communities. Of those bills, the VALAC actively lobbied 20 bills.

work of the Common Interest Community Association Work Group of the Virginia Housing Commission. The following report reviews legislation that passed and becomes effective July 1, 2019.

Passed Legislation Reserves – The reserves bills (House Bill 2030 & Senate Bill 1538) were one of at least two sets of proposed legislation that

VALAC was involved in advance of the General Assembly convened in January. The legislation, which amended of the Virginia Condominium Act, Virginia Property Owners’ Association Act, and Virginia Real Estate Cooperative Act, requires community associations to make annual budgets (or budget summaries) available to association members before the beginning of any fiscal year.

This session the Governor recommended amendments to a number of bills, including changes to the budget bill. The Governor vetoed a total of 34 bills. All of the Governor’s vetoes were sustained with exception to proposed spot amendments to select bills. Legislation of interest to community associations concerned a variety of topics, including reserves, home-based businesses, stormwater management and resale disclosure. Overall, VALAC’s efforts were hugely successful, having worked hard well in advance of the legislative session with active legislators interested in community association legislation and through direct participation in the 20 | QUORUM 956096_Fantasy.indd 1

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Virginia

General Assembly Report

In addition, any association that has a reserve study that indicates a need to budget for reserves is now required to include a statement in the association budget identifying (1) the amount of reserves recommended in the study and (2) the amount of cash currently in hand for replacement reserves. In other words, association budgets must show specifically whether the association is budgeting and saving enough to meet the recommendations of the reserve study associations are required to conduct at least once every five years. In addition, an enactment clause added to the bill requires the Common Interest Community Board to develop guidelines for reserve studies, including a list of capital components. The Common Interest Community Board has formed a committee of reserve experts – including engineers, accountants and management, as well as owners – to assist in developing the guidelines. Home-Based Businesses – For at least the third year in a row, legislation (House Bill 1853 & Senate Bill 1537) was introduced to restrict the authority of property owners associations to regulate homebased businesses, specifically home-based child care services. These parallel bills provide that home-based child care services are considered residential use if applicable zoning ordinances consider homebased child care services an accessory or ancillary residential use. However, the bills provide that a home-based child care service is not a residential use if home-based child care services are expressly (i) prohibited or restricted in the declaration or (ii) restricted in the association bylaws or association rules. Stormwater Management – Two related bills (House Bill 2019 and Senate Bill 1756) have been approved by the Governor of Virginia to address stormwater management facilities. House Bill 2019 requires the Common Interest Community Board to amend the association disclosure packet notice and resale certificate notice to include information regarding whether assessments paid to the community association may be used to construct or maintain stormwater management facilities. Under Senate Bill 1756, common interest community developers are now required to provide information to the board of directors at developer transition relating to the existence of any stormwater management facility under the control of the association. The information developers are required to provide includes a final site plan or construction drawings showing the facilities along with copies of all applicable recorded easements or maintenance agreements. This legislation was considered by the Common Interest Community Work Group of the Virginia Housing Commission.

A third piece of legislation (House Bill 1614 and Senate Bill 1248, the same legislation – but two bills) provides localities with authority to appropriate money for the purpose of awarding funds to owners of private property or common interest communities for stormwater management and erosion prevention. Resale Disclosure – As has become an annual tradition, the General Assembly adopted further legislation (House Bill 2385 and Senate Bill 1580) relating to property owners’ association and condominium resale disclosures. These companion bills seek to clarify that the purchaser’s right to cancel a real estate contract for the purchase of a property in a common interest community may be exercised within three days of receiving an association disclosure packet or resale certificate that does not contain all information required under the relevant provisions of the Property Owners’ Association Act and Condominium Act. This legislation was proposed in response to a Fairfax County Circuit Court lawsuit between a buyer and seller of a lot in a property owners association where the buyer sought to exercise the right to cancel the contract after the three-day cancellation period expired on the basis that the disclosure packet provided to the buyer did not contain all information required under the Virginia Property Owners’ Association Act. The court determined that the three-day cancellation period ran from receipt of the resale disclosure packet, even though the packet was incomplete. Proxy Voting (Condominium Act) – House Bill 2647 amends a provision of the Condominium Act relating to voting by proxy. Under current law, proxies are void unless signed by a unit owner or any person having the authority to execute deeds on behalf of the unit owner. In other words, all persons who hold title to the unit must sign the proxy form for the proxy to be effective. After July 1st when the legislation becomes effective, if a unit is owned by more than one person, a proxy may be signed by any of the unit owners. The proxy may likewise be revoked upon the objection of one of the unit owners prior to or at the meeting. Email Notice (Property Owners’ Association Act) – A helpful amendment to property owners associations, the General Assembly adopted legislation (House Bill 2694) that permits property owners association to deliver notice of member annual or special meetings by email. While providing for potential cost savings to property owners associations, the use of email notice is only permitted where lot owners elect to receive notices electronically. In addition, if the email notice is returned undeliverable, the association must send the notice by United States mail. Recodification of Title 55 of Virginia Code – The General Assembly adopted legislation implementing recodification of Title 55 of the Code of Virginia recommended by the Virginia Code Commission (Senate Bill 1080). Title 55 contains most of the statutes affecting common interest communities, including the Condominium Act, Property Owners’ Association Act, and the Virginia Real Estate CoContinued on page 23 JULY 2019

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operative. The restatement of Title 55 organizes the laws more logically, removes obsolete and duplicative language, and improves the structure and clarity of the statutes. Effective October 1, 2019, all of the statutes in what will be Title 55.1 will be reorganized and renumbered. It’s time to start memorizing those new statute citations!

Session Observations As identified above, the 2019 session produced legislation helpful to community associations. This successful legislation is but half the story, however. The other half of the story are the failed bills, which sought to (i) eliminate the licensing requirement of common interest community managers, (ii) make violations of the Condominium Act a criminal misdemeanor punishable by up to six months of jail time and up to $50,000 in fines, and (iii) require condominium unit owners’ association boards of directors to establish a method to allow political candidates unfettered access to the condominium property for campaigning. Long hours of work – discussion with stakeholders and talking with legislators to support or argue against measures – that contributed to successes that may not be readily apparent. The 2019 session required considerable effort from a committed cadre of volunteers working with well-regarded and effective legislative representatives – before and during the session. The legislation addressing reserves, stormwater and family day homes were the by-product of participation in the work of the Virginia Housing Commission and working with legislators intent on seeing changes in these important areas of community association operations and governance. It is expected and anticipated that the unsuccessful measures may find their way back and that other attempts to curtail and burden community associations will be introduced. This year, 2019, is an election year when all 140 seats in the General Assembly are up for election. You are invited and encourage to join the cause – by participation in the Chapter legislative committee, by joining and contributing to the Legislative Action Committee and the Virginia Political Action Committee.

2019 VIRGINIA LEGAL ISSUES CHECKLIST Actions taken by the Virginia General Assembly to amend the laws that govern common interest community associations have a direct impact on administration and governance of community associations. The following checklist of actions community association volunteer leaders and managers should consider in order to prepare for changes to Virginia laws that become effective July 1, 2019, and to address developing legal trends.  Review procedures for preparation and delivery of resale disclosure documents to ensure that:  The disclosure packet and resale certificate include the updated Common Interest Community Board cover sheet that address storm water disclosure.  The disclosure packet and resale certificate contain all information required by law to avoid questions about contract cancellation.  Review association policy and procedures for development and publication of association budget:  Distribute the budget or summary to owners before the end of fiscal year.  Ensure that the budget includes a statement of recommended reserves and current cash available for replacement reserves.  Review property owners association governing document provisions to:  Identify restrictions on home based child care.  Develop rules to address home based child care.

 Develop a policy to address reserves:  Inventory common facilities.  Ensure a reserve study is performed at least every five years.  Look for and consider guidance from the Common Interest Community Board on reserve studies.  Be aware of and become familiar with the reorganization and revisions to the Condominium Act and Property Owners’Association Act following recodification of Title 55 of the Virginia Code (effective October 1, 2019).  Identify storm water management facilities located on the common area or common elements and ensure that those facilities are routinely inspected and reserves are adequate.  For condominiums – review proxy form requirements to allow signature by one unit owner.  For communities governed by property owners associations – consider sending notices by email after developing procedures that allow owners to elect to receive notice electronically.  If a transitioning community, check to make certain the developer provides information about storm water facilities.

***Checklist provided by MercerTrigiani JULY 2019

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By Dawn M. Bauman, CAE Dawn is the Senior Vice President of Government and Public Affairs for Community Associations Institute. As CAI’s lead advocate for federal and state legislative and regulatory affairs, Bauman works with hundreds of volunteer leaders throughout the country serving on CAI legislative action committees and CAI government affairs committees to advocate for strong and sensible public policy for America’s community associations. Bauman has been with the Community Associations Institute since 1996. Bauman has dedicated her career to the practice of non-profit management and advocacy with more than 20 years of experience with non-profit organizations and associations. Bauman holds a bachelor’s degree in Business Administration and has earned the prestigious Certified Association Executive (CAE) designation.

Behind the Curtain: Ways CAI National Advocates for Community Associations Locally & Nationally

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s members of CAI, we advocate daily on behalf of community associations. We work hard to support associations and their public perception. In addition, CAI actively advocates on behalf of community associations and many of the efforts of staff are behind the scenes. CAI generally advocates for a positive public perception, professionalism and competency of community association managers, and responsible informed leaders governing community associations. Importantly, CAI advocates for appropriate and sensible public policy for the community association housing model. The purpose of this article is to pull back the proverbial curtain and give you a full view of the myriad of actions taken by CAI in the public policy advocacy arena.

year and when bills are pending to obtain sponsors and/or to have the bills modified to be better for community associations.

Federal Advocacy

State Advocacy

CAI holds an Advocacy Summit connecting CAI members with their Members of Congress to talk about the federal laws/ regulations/issues impacting community associations. Policy issues have included such topics as disaster relief, guidelines for FHA approved condominium associations and regulation of HAM radio towers in community associations. Notably, CAI has a team of lobbyists; including CAI staff, to meet with these politicians throughout the

The CAI headquarters staff is also actively involved in state legislative advocacy, which is a herculean task in covering legislation in 50 states and coordinating with 60 chapters in the United States.

In addition, staff and volunteer leaders from CAI headquarters meet with high level government officials to discuss these issues. For example, Dawn Bauman has met with representatives of HUD, including Dr. Ben Carson, to discuss the issues with emotional support animals in community associations and the need for clarification in the regulations regarding the same. We have been advised that clarification is coming at some point in the future and there’s no way that we would have been able to achieve this without the direct, relentless efforts by the CAI advocacy team.

CAI has established Legislative Action Committees (LAC) in 35 states and the District of Columbia. Members of the LAC represent CAI before state legislatures to advocate on behalf of community associations. CAI has

Operational Guidelines to ensure that the LACs are structured to operate with maximum efficacy to represent the interests of the community association housing model. The LACs have been very successful in raising funds for their efforts with the dollar a door campaign which asks that community associations annually contribute $1.00 per lot/unit/home within their association towards the LAC. In addition, there are five states, including Virginia, where CAI has established Political Action Committees (CAI*PAC). The CAI*PACs contribute funds that are donated to legislative candidates in a non-partisan manner to recruit and support candidates. Every year, staff culls the bills from each jurisdiction to determine whether there are bills which impact community associations and tracks them as they work their way through the respective legislatures. In 2019, CAI tracked, analyzed, and coordinated advocacy efforts on more than 1,000 pieces of legislation.

Amicus Curiae Briefs Amicus curiae briefs allow CAI to educate a Continued on page 27 JULY 2019

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court about imp or tant legal issues in cases related directly to the community association industry. These amicus brief submissions give CAI the opportunity as an organization to help shape the outcome of matters of importance to community association law. The CAI name represents a level of expertise, knowledge, and professionalism in community association matters that adds weight to a community association-related submitted brief. Anyone can submit a request for an amicus curiae brief and the request is reviewed by the committee. If the committee determines that an amicus curiae brief should be filed, that recommendation is sent to the CAI Board of Trustees for approval.

Formal Positions In addition to advocacy by CAI members and staff, CAI has drafted, vetted, and approved nearly four dozen public policy positions on issues germane to community associations to assist community association CAI’s Legislative Action Committees and members in supporting their position on a particular issue with governmental entities. These public policy positions include such topics as short-term rentals, electric vehicle charging stations, reserve funding, and board member education. They are vetted through the CAI Legislative Action Committees, Chapters, the CAI Government and Public Affairs Committee and ultimately approved by the Board of Trustees. Any member in CAI may propose a public policy for consideration. More information can be found on the CAI website at www.caionline.org/Advocacy 934763_Cowie.indd 1

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By Ilana Branda Ilana joined Montgomery County’s Department of Health and Human Services in October 2018 to serve as the Deputy Chief for Services to End and Prevent Homelessness. She previously served as the Director of Policy and Neighborhood Development at Montgomery Housing Partnership (MHP). Prior to MHP, Ilana served at the Manager of Housing and Community Development at CulturalDC and a Research Associate for the Montgomery County Planning Department. She has worked for 14+ years in policy, urban planning, and community development, and holds a Master of Community Planning and a Bachelor of Social Urbanism from the University of MD. Ilana is a board member of the Community Development Network of MD, served from 2016-2018 on the Montgomery County Commission on Common Ownership Communities, and is a 2017 graduate of Leadership Montgomery’s Emerging Leaders program.

m o C d e s s e istr ALLENGES

D A

ccording to the Community Associations Institute’s latest numbers there are approximately 6,700 common ownership communities (COCs) in Maryland, representing over 515,000 homes, or 22% of total housing units in the State. This pattern repeats itself across the County. As local planning departments gravitated to the use of HOAs and COAs, more and more households find themselves tied to the health of these communities. But what happens when they are in the midst of failing? Personally, I connected to the challenges COCs are facing through my work on affordable housing policy. For many households a condo represents the only affordable path into homeownership. However, with the housing market crash and subsequent changes to lending regulations, that path was cut off for many first-time homebuyers. I began examining what this meant to households looking to build equity and enter homeownership. This brought up a multitude of factors that have all converged to create a perfect storm of “distress” among COCs throughout the region. First, what do we mean by distressed? A group of Montgomery County, Maryland residents, advocates, and property managers began working intently on this issue in Spring 2017. We named ourselves the “Independent Task Force on Distressed Com-

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mon Ownership Communities” and went to work defining distress and thinking through the opportunities for change. We defined distressed communities, as those whose revenue from annual assessments is insufficient to cover basic operating costs, routine maintenance, and capital improvements to maintain the property and its property value. Ultimately, despite the myriad number of issues that play into a communities’ health, we decided that fiscal health is the core that everything revolves around. Second, why do we care? If your property is doing well, does it matter that the property a mile away is on the verge of bankruptcy? Of course! Their decline will affect your communities’ reputation, sales and property values. Their lack of investment in their common elements stagnates the local property tax base, reduces the purchase of local goods and services (perhaps the business that one of your resident’s owns), depresses local investment, and increases the need for government bailouts. It is imperative that we all work together to improve the fiscal health of all COCs. Using fiscal health as the barometer allows for a clearer examination of factors effecting the fiscal well-being of a COC. It is critical to note that the greatest impact presents itself in master-metered condominium communities given their structure and co-dependence on utility services. As a mentioned, it is a perfect

CH

storm of many different factors. I will outline just a handful of them here, and some suggested State/local opportunities to mitigate these challenges. In no particular order: • Designation of COCs as commercial entities. Since COCs are a commercial entity, all the properties under their purview also are linked to this commercial designation. This may impact a community on the rate it pays for water, on fees for pulling permits, and restricted access to programs designed for residential usage. One example is the rebate programs Maryland requires utility companies to offer for energy efficiency improvements. In a non-master metered community a resident decides to upgrade their windows and applies for a rebate to support the cost. In a master-metered community, the COC is paying the utility bill, but the individual owner is responsible for the windows. No one is eligible to receive the rebate, perhaps placing the improvement cost outside of the household’s capability and leading to increasing utility costs for the COC. Government can explore a commercial-residential designation that acknowledges the role of the COC but provides an avenue for connecting to residential programs and supports. • Role of COC in fulfilling core government responsibilities. While homes in COCs pay property taxes, they are not eligible for the same level of service as homes built inde-

: s e i t i n u m m UNITIES T R O P P O ND

A

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pendent of a COC. Many COCs are responsible for their own trash collection, street repairs, and snow removal. On its books, Montgomery County, Maryland has a roadway repair program. However, the program has not been funded in years and includes a high barrier to access. COCs should have access to financial support for these services it is providing on behalf of the local jurisdiction. At Continued on page 31

ENGINEERS & ARCHITECTS

HIGHER STANDARDS

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DC

DELAWARE

FLORIDA

MARYLAND

NEW JERSEY

NEW YORK

PENNSYLVANIA

VIRGINIA

JULY 2019

1/16/19 2:29 AM

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Wine Down A TASTING & NETWORKING EVENT

Who’s ready for some Wine?! Join WMCCAI at Effingham Manor as we end the summer with the drink of the gods and a few fabulous pairings. Sample some of the best Virginian wines, share a few bites, relax and network in a beautiful winery setting. This event provides a perfect opportunity to network in a fun and casual environment alongside your association peers! Please visit www.caidc.org for more information or to register online.

REGISTRATION RATES EARLY BIRD RATE BEFORE: 8/2/19

REGULAR RATE

Homeowner

MEMBER

$30

$50

NONMEMBER

$65

$85

MEMBER

$30

$50

NONMEMBER

$65

$85

Manager

Business Partner

MEMBER

$50

$75

NONMEMBER

$90

$105

When

Friday, August 16, 2019 Registration opens at 1:00pm Event starts at 1:30 p.m. – 4:00 p.m.

How

Visit www.caidc.org to register

S ponsors

Where

Effingham Manor 14325 Trotters Ridge Pl Nokesville, VA 20181

Who

This program will benefit Business Partners, Homeowners and Managers

7600 Leesburg Pike, Suite 100 West

E-mail: education@caidc.org

Falls Church, VA 22043

Web: www.caidc.org

T: 703.750.3644 F: 703.941.1740

a minimum, a collective contracting agreement should be explored to allow communities to work together and leverage their proximity to achieve economies of scale in contracting. • Lack of support through the court system. Unfortunately, many judges don’t understand the infrastructure of COCs. Education is critical, especially among bankruptcy court judges, who regularly discharge condo fees. The current system also requires duplicative steps that cost the associations more money and make it harder to reach a resolution. Some fixes that could be employed are developing a magistrate system to expediate hearings, allow an association to amend a hearing up to the day before to account for additional lost revenue since initial filings, and amend attorney fee calculation to better align with the true costs to the community. • Foreclosure process. COCs don’t get to pick their members. We rely on banks/lenders to properly vet prospective owners, but sometimes they fail. When this happens, they need to step up to the plate. Almost all loan documents technically place the loan in default if COC fees are not paid, but no lender is willing to initiate a foreclosure on this – and good luck trying to find the right person to speak with! COCs are stuck with delinquent owners who rack up tens of thousands of dollars in overdue fees without a practical way to remove the owner from the property. We need the lenders to step up to the plate and help keep us whole. These changes will not be simple. All of them require a deep level of systems change, but as Confucius said, “The man who moves a mountain begins by carrying away small stones”.

960285_Solitude.indd 1

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

Tavarious Butts, VP, Relationship Manager 703-284-0561 • Tavarious.Butts@BBandT.com

Branch Banking and Trust Company is a Member FDIC and an Equal Housing Lender. Loans are subject to credit approval. Only deposit products are FDIC insured. © 2018, Branch Banking and Trust Company. All rights reserved.

JULY 2019

10/04/19 4:57 AM

| 31

By Susan L. Truskey, ESQ. Susie is an attorney at Whiteford, Taylor & Preston, LLP. Her practice is devoted to the representation of condominium and community association clients throughout Virginia and the District of Columbia. She has been named a “Rising Star” by the Washington Metropolitan Chapter Community Associations Institute and currently co-chairs the Chapter’s Quorum Editorial Committee.

An Inconvenient Truth:

OPEN MEETINGS

O

pen meeting requirements restrict when and how a board of directors may discuss and conduct association business. With few exceptions, all board meetings, including those of any committee or subcommittee, must be open to all members of the association. To fully appreciate and understand the spirit and intent behind open meeting laws, let’s briefly consider their history. The concept of

open meetings developed in response to growing concerns and suspicion from citizens over government meetings that were held in secret. It seemed only fair that tax-paying constituents who are affected by the decisions of their elected officials should be entitled to attend meetings where deliberations were occurring, and decisions were being made. Open meetings are intended to create transparency and foster confidence in an associa-

tion. Work sessions, off-line discussions, and substantive email exchanges among directors are prohibited. Trying to find loopholes in the open meeting requirement ignores the spirit of democracy and deprives members of their statutory right to attend meetings of an association and observe the deliberative process. To ensure compliance with open meeting requirements, it is important to know when a “meeting” is actually taking place.

What constitutes a meeting is usually defined by (a) its purpose, and (b) the presence of a quorum. While board members should feel free to socialize together outside of a “meeting,” even if a quorum of directors results, they cannot discuss association-related business. This is one of the challenges that board members often face – balancing their rights as a homeowner living in the community with the duties that come with serving as a director. If the directors wind up discussing or deliberating association business, their informal gathering has effectively become a “meeting” of the association and they have violated the open meeting requirement. It also is important to keep in mind that advance notice of all meetings of an association and the board of directors must be given to association members. 32 | QUORUM 963846_Segan.indd 1

5/9/19 4:26 PM

As such, open meeting requirements must be observed. All board members are bound by the duty of care, which requires each director to prioritize the interests of the association above their own. If a director fails to comply with open meeting requirements or remains willfully ignorant about their application, the director can expose herself and the association to liability. The following is a summary of each local jurisdiction’s open meeting requirements. It is important to note that an association’s governing documents may also impose additional open meeting requirements and should always be consulted to ensure compliance.

meeting requirement, that allow the Board to enter a closed session only for the following purposes: (1) to discuss personnel matters; (2) for the protection of the privacy or reputation of individuals in matters not related to association business; (3) consult with legal counsel; (4) discuss pending or potential litigation or other legal matters; (5) investigate possible or actual criminal misconduct; (6) for consideration of the terms or conditions of a business transaction in the negotiation stage, if disclosure could adversely affect the economic interest of the association; (7) to comply with any law that requires matters not to be publicly disclosed; and (8) to discuss owner assessment accounts.

Virginia

District of Columbia

§ 55-510.1 of the Property Owners’ Association Act and §55-79.75 of the Virginia Condominium Act provide near identical requirements for open meetings. The Virginia statutes provide that all meetings of the Board, and its committees and subcommittees, must be open to all members of the Association. Both the Virginia Condominium Act and Property Owners’ Association Act expressly prohibit a board from using “work sessions or other informal gatherings” to circumvent the open meeting requirements established by law. The Virginia statutes contain identical lists of exceptions to the open meeting requirement, which allow the Board, committee or subcommittee to enter into a closed session only for the following limited purposes: (1) to discuss personnel matters; (2) consult with legal counsel; (3) discuss and consider contracts, probable or pending litigation and matters involving violations by owners of the condominium instruments or rules and regulations; and (4) matters relating to the personal liability of a unit owner to the association.

§42-1903.03(b)(1) of the D.C. Condominium Act requires all meetings of the unit owners’ association, its executive board and committees to be open for observation by all unit owners in good standing. Similar to the laws in Virginia and Maryland, §42-1903.03(b)(5) of the D.C. Condominium Act permits a limited number of topics to be discussed during a closed session, including: (1) personnel matters; (2) contracts, leases and other commercial transactions currently in or under negotiation; (3) pending or anticipated litigation; (4) matters involving state or local administrative or other formal proceedings before a government tribunal for enforcement of the condominium instruments or rules and regulations; (5) consultation with legal counsel; (6) matters involving individual unit owners or members; and (7) for such other exceptional reason so compelling as to override the general public policy in favor of open meetings.

Maryland § 11-109.1 of the Maryland Condominium Act and § 11B-111 of the Maryland Homeowners Association Act require open meetings, with the exception of a limited number of topics that are permitted to be discussed by the Board during a closed session. The Maryland statutes provide the same list of exceptions to the open

J O B

To avoid the appearance of impropriety, follow the open meeting requirements required by law. Try to be as respectful as possible of the rights of members to attend meetings. If the Board is conducting most, if not all, of its business during open meetings and publishing minutes from each meeting as a record of the actions taken, then community members will have less reason to suspect inappropriate behavior, and the democratic process lives on

P O S T I N G

General Manager The Lionsgate at Woodmont Corner Condominium, an award-winning, best in class luxury condominium in Bethesda, Maryland, seeks a General Manager to continue its legacy of excellence. The ideal candidate possesses exemplary communication abilities, a track record of leading large staffs, a high level of emotional intelligence, technical expertise in condominium association management, and has demonstrated the ability to understand, support, and promote principles and vision. Hospitality experience and PCAM designation are preferred. Salary and benefit package is very competitive.

Please visit www.caidc.org/job-bank to view full job position information. Job Type: Full-time Job Level: Executive Company Name: Lionsgate at Woodmont Corner Condominium Location: Bethesda, MD TO APPLY: Please submit resume and references to tom@associationbridge.com

JULY 2019

| 33

2019 WMCCAI

Legal Resource Directory

Legislative Action Committees.....................................................................................A Legislative Committees.......................................................................................................A CCAL Members...........................................................................................................................B WMCCAI Law Firms..............................................................................................................C Chapter Benefactors...............................................................................................................D Chapter Patrons..........................................................................................................................D Chapter Supporters.................................................................................................................D

Special Section

Special Section WMCCAI’s 2019 Legal Resource Directory lists all law firm members as of May 2019. This directory is created to provide WMCCAI members easy access to legal advice and services from more than 35 firms in the Washington metro area specializing in community association law. Please note that firms in this directory may have phone numbers and office locations in addition to those listed. The most up-to-date information can be found on our website under the “Service Directory” tab.

district, Maryland and Virginia. This includes local, regional, statewide and federal legislation. The committees monitor legislation and help the chapter set specific issue priorities. The chapter has three legislative committees: D.C., Maryland, and Virginia. The chapter’s legislative committees meet monthly to monitor legislation that affects WMCCAI members. Scott Burka, CMCA,

AMS, PCAM and Jane Rogers, ESQ. cochair the District of Columbia Legislative Committee; Scott Silverman, ESQ. and Aimee Winegar, CMCA, AMS, LSM, PCAM co-chair the Maryland Legislative Committee; and Ronda DeSplinter, LSM, PCAM and William Marr Jr., ESQ., chair the Virginia Legislative Committee. Visit the chapter website, www.caidc.org, to join a legislative committee.

CAI Legislative Action Committees Community Associations Institute’s Legislative Action Committees exist to represent the interests of CAI members with respect to state legislative, regulatory and amicus curiae activities of relevance to the creation and operation of community associations. LACs work in conjunction with CAI and local chapters to lobby state governments on behalf of CAI members. WMCCAI is represented by chapter delegates in the District of Columbia, Maryland and Virginia. LAC delegates volunteer a great deal of time and energy to benefit all CAI members and the community association industry.

FULL SERVICE CONDOMINIUM AND COMMUNITY ASSOCIATION LAW THROUGHOUT MARYLAND Elmore & Throop, P.C.

5 Riggs Avenue Post Office Box 1473 Severna Park, Maryland 21146 G:\Adoc\TCS\MARKETING\Advertisement -2019-Quorum Ad.050719.docx

Phone: (410) 544-6644  (800) 717-0642

Fax: (410) 544-7294

Email: et@elmore-throop.com Website: www.elmore-throop.com

D.C. LAC is chaired by Jane Rogers, ESQ. and Scott Burka, CMCA, AMS, PCAM. Maryland LAC is chaired by Steve Randol. Virginia LAC is chaired by Jerry Wright, Jr., ESQ. For more information on the LACs, visit CAI’s website, www.caionline.org.

WMCCAI Legislative Committees Washington Metrop olit an Chapter C ommunity Associations Institute’s legislative committees are responsible for identifying legislative issues of importance to common interest communities in the

Keep Current on Legal News and Trends!

schildlaw.com

Attorneys for Community Associations in Maryland and the District of Columbia Thomas C. Schild  Scott J. Silverman (301) 251-1414

law@schildlaw.com

2019 WMCCAI LEGAL RESOURCE DIRECTORY

|A

Special Section

College of Community Association Lawyers CAI’s board of trustees established the College of Community Association Lawyers in 1993 to acknowledge CAI member attorneys who have distinguished themselves through contributions to the evolution or

practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law.

PROVIDING LEGAL SERVICES TO COMMUNITY ASSOCIATIONS IN SUBURBAN MARYLAND SINCE 1984

GARDNER

COLLECTIONS DOCUMENT REVIEW AND PREPARATION DISPUTE RESOLUTION COVENANTS ENFORCEMENT FULL LITIGATION SERVICES

The college’s goals include the following: promote high standards of professional and ethical responsibility in the practice of community association law; improve and advance community association law and practice; facilitate development of educational materials and programming for use by professionals and homeowners; cooperate and consult with international, national, state and local organizations, government agencies and other groups having an interest in association law; encourage college members to use their expertise to make community associations function effectively; create an environment in which college members can work together to meet their professional needs and goals; and to achieve the goals and objectives of CAI.

600 Jefferson Plaza, Suite 308 Rockville, MD 20852 Phone: 301-762-8475 Fax: 301-762-1180

www.davidgardnerlaw.com dgardner@davidgardnerlaw.com

Helping board members and managers rise to every common ownership challenge. Dispute Resolution | Fair Housing Issues | Governing Docs Collections | Construction | Contract Drafting & Review

Learn more about our attorneys at

lerchearly.com/services/community-associations B | QUORUM

Special Section

The following WMCCAI members are also fellows of CCAL: Brendan P. Bunn Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Kenneth E. Chadwick Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Robert M. Diamond Esq. Reed Smith, LLP Raymond J. Diaz Esq. Whiteford, Taylor & Preston, LLP

Joseph D. Douglass Esq. Whiteford, Taylor & Preston, LLP Andrew G. Elmore Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

Joel W. Meskin Esq. CIRMS McGowan Program Administrators P. Michael Nagle Esq. Nagle & Zaller, P.C.

William Bradley Mason Esq. Segan, Mason & Mason, PC

Thomas C. Schild Esq. Thomas Schild Law Group, LLC

David S. Mercer Esq. MercerTrigiani

Andrew J. Terrell Esq. Whiteford, Taylor & Preston, LLP

Lucia Anna Trigiani Esq. MercerTrigiani Allen Warren Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Wil Washington Esq. Chadwick, Washington, Moriarty, Elmore & Bunn, P.C.

Law Firms of Washington Metropolitan Chapter Community Association Institute Alderman, Devorsetz & Hora, PLLC Washington, DC (202) 969-8220 www.adhlawfirm.com Andrews Law Group, LLC Ijamsville, MD (301) 444-0050 www.andrewslawgroupllc.com Cameron Mericle, P.A. Greenbelt, MD (301) 474-2044 www.cameronmericle.com Caulkins and Bruce, PC Arlington, VA (703) 558-3670 www.caulkinsbruce.com Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Fairfax, VA (703) 352-1900 www.chadwickwashington.com Chesapeake Law Group, PLC Manassas, VA (703) 282-0125 www.chesapeake-law.com Compton & Duling, LC Prince William, VA (703) 565-5151 www.comptonduling.com Cowie & Mott. P.A. Baltimore, MD (410) 327-3800 www.cowiemott.com Davis, Agnor, Rapaport & Skalny, LLC Columbia, MD (410) 995-5800 www.darslaw.com Dunlap Bennett & Ludwig PLLC Leesburg, VA (703) 777-7319 www.dbllawyers.com Elmore & Throop, P.C. Severna Park, MD (410) 544-6644 www.elmore-throop.com Fellner Legal Services, LLC Severna Park, MD (443) 906-0117 www.flslawyer.com

Ford Law Pros, P.C Washington, DC (202) 792-4946 www.fordlawpros.com Gardner Law Firm, PC Rockville, MD (301) 762-8475 www.davidgardnerlaw.com Helfrich & Delozier Bowie, MD (301) 262-1200 www.helfrichanddelozier.com J. Anukem & Associates LLC Greenbelt, MD (301) 500-0462 www.janukemlaw.com Jackson & Campbell, P.C. Washington, DC (202) 457-1634 www.jackscamp.com Kass Legal Group, PLLC Washington, DC 202-659-6500 www.kasslegalgroup.com Law Office William A. Marr, Jr. Fairfax, VA (703) 691-2800 www.williammarr.com Law Offices of Laurie L. Dolson, P.C. Fairfax, VA (703) 352-1040 Law Offices of Lawrence I. Wachtel Rockville, MD (301) 340-7511 Lerch, Early & Brewer, Chartered Bethesda, MD 301-986-1300 www.lerchearly.com Linowes and Blocher, LLP Bethesda, MD (301) 961-5253 www.linowes-law.com McCandlish & Lillard, A Professional Corporation Fairfax, VA (703) 934-1135 www.mccandlishlawyers.com McMillan Metro, P.C. Potomac, MD (240) 778-2308 www.mcmillanmetro.com

MercerTrigiani Alexandria, VA 703-837-5008 www.mercertrigiani.com Nagle & Zaller, P.C. Columbia, MD (410) 740-8100 (127) www.naglezaller.com Reed Smith, LLP Mc Lean, VA (703) 641-4273 www.reedsmith.com Rees Broome, P.C. Tysons Corner, VA (703) 790-1911 www.reesbroome.com Sands Anderson, PC Mc Lean, VA (703) 893-3600 www.sandsanderson.com

Segan, Mason & Mason, PC Annandale, VA (703) 354-9170 www.seganmason.com Thomas Schild Law Group, LLC Rockville, MD (301) 251-1414 www.schildlaw.com Walsh, Colucci, Lubeley & Walsh, PC Arlington, VA (703) 528-4700 www.thelandlawyers.com Whiteford, Taylor & Preston, LLP Falls Church, VA (703) 280-9266 www.wtplaw.com

Linowes and Blocher LLP Can Help You Help Your Community by Offering Personalized Service, Practical and Cost-Efficient Solutions The Condo/HOA Practice Group represents homeowners and condominium associations in Maryland, Washington, D.C., and Virginia with all matters including: Collections | Enforcement of Covenants, Restrictions and Rules | Fair Housing Issues | Interpretation and Amendment of Governing Documents If you would like to know how we can help your community, please contact Brian Bichy, Esq. at (301) 961-5253 or at bbichy@linowes-law.com. 7200 WISCONSIN AVENUE z BETHESDA, MD z 20814 z 301.654.0504 ONE PARK PLACE z ANNAPOLIS, MD z 21401 z 410.268.0881 31 WEST PATRICK STREET z FREDERICK, MD z 21701 z 301.620.1175 1717 K STREET, N.W. z WASHINGTON, D.C. z 20006 z 202.787.1058

WWW.LINOWES-LAW.COM 2019 WMCCAI LEGAL RESOURCE DIRECTORY

|C

Special Section

Chapter Benefactors C

ASPHALT & CONCRETE

Chapter Patrons Access National Bank Barkan Management LLC, AAMC Berman & Wright Architecture, Engineering & Planning, LLC Gates Hudson Community Management Goldklang Group CPAs, P.C. McFall & Berry Landscape Management, Inc.

Miller Dodson Associates, Inc.

Linowes and Blocher, LLP

Quest Insurance

Ploutis Contracting Co., Inc.

Chapter Supporters

Sequoia Management Company, Inc., AAMC

BB&T Association Services BELFOR Property Restoration Griffin Owens Insurance Jackson & Campbell, P.C.

Thomas Downey, Ltd. WINTRUST Community Advantage Bank

Lerch, Early & Brewer, Chartered

Providing legal services to communities in Virginia, the District of Columbia, Maryland and Delaware Falls Church, VA − 703.280.9260 Richmond, VA − 804.977.3300 Washington, DC − 202.659.6800 Rockville, MD − 301.804.3610 Ocean City, MD − 443.856.6410 Bethany Beach, DE − 302.829.3040 Wilmington, DE − 302.353.4144 www.wtplaw.com D | QUORUM

By Heather S. Gillespie, ESQ. Heather has been the Common Interest Community Ombudsman at the Virginia Department of Professional and Occupational Regulation for the past ten years. She is a licensed attorney in the Commonwealth of Virginia and received her law degree from the University of Richmond, T.C. Williams School of Law and her undergraduate degree from Rice University.

TEN

YEARS OF

“OMBUDSMANSHIP”

A

s difficult as it is for me to believe I have been the Common Interest Community Ombudsman for more than ten years now, it is even more difficult to believe I have also aged ten years. Of course, ombudsman years are different than human years, so I have probably aged 15 years over that ten-year period. What has hastened my aging process? As a one-person office, the 15, 519 phone calls, the 19, 316 emails, and the 2,515 Complaints and Notices of Final Adverse Decisions I have addressed over the past ten years. Add on to that nearly 100 presentations, roughly 70 Common Interest Community Board and Committee meetings and countless hours spent at the General Assembly. During this time, my office also witnessed the enactment of the Common Interest Community Ombudsman Regulations (Regulations) which required every common interest community in Virginia to adopt an association complaint procedure. The association complaint procedure is intended to address violations of common interest community law and not violations of the association’s governing documents. September 28, 2012 was the drop-dead date for adoption of a complaint procedure after the regulations were enacted on July 1, 2012. Yet, even now, nearly seven years since the regulations were enacted, many associations have failed to adopt complaint procedures.

As we work toward one hundred percent compliance with the Regulations, my office provides ongoing guidance to associations as they adopt complaint procedures and I help both owners and board members understand what constitutes an association complaint and what it means to implement a complaint process. Association complaints, after moving through the association complaint procedure, can become Notices of Final Adverse Decision (NFADs), which are essentially appeals on the decision an association has provided in its final determination on an association complaint. Over the years, the most common complaints included in NFADs are complaints related to access to the books and records of an association; no notice of meetings; improper budgeting for reserves or no reserve study; disclosure packets that lack required information or are not provided to the seller in the required time-frame; and a lack of a method of communication within an association. Based on the last ten years of Annual Reports that my office has provided to the General Assembly, the same complaints appear again and again. I believe the reason we see the same complaints repeatedly is that most of the complaints in the list above are related to transparency by an association board of directors. It has been my experience that

whether the perception is right or wrong, any time owners believe there is a failure to provide or maintain transparency, complaints will be filed. I also believe that complaints will be submitted when an owner feels that he or she has no voice and is not being heard or understood by the Board of Directors or Management Company of an association. After more than a decade of service to the Commonwealth of Virginia as the Common Interest Community Ombudsman is there a particular lesson that I have learned and consider worthy of sharing? It is probably the same lesson I learned very early in my role and I continue to try to apply every day. Be kind, be patient, and listen. Really listen. Conflicts in associations are inevitable. A home, whether it is a condominium, a house or a co-op, is usually the most costly investment that anyone will make in a lifetime and if someone believes that investment is threatened, in any way, they are bound to be upset. Any association or manager that can respond to owners with compassion and consideration will almost always find it so much easier to resolve any conflict that may arise in the community. There will always be outliers for whom kindness, patience and attentiveness mean very little, but we can’t let those individuals alter the way we work with the majority of owners and members.

JULY 2019

| 39

Directory and Classifieds AMUSEMENT & PARTY RENTALS

ENGINEERS

MANAGEMENT SERVICES (CONT’D)

Fantasy World Entertainment 124 Jibsail Drive T: (800) 757-6332 Prince Frederick, MD 20678 www.fwworld.com Brooks Grady brooks@fwworld.com

ETC Engineering and Technical Consultants Inc. Water intrusion, roofing, exteriors, windows, balconies, property studies, structural & architectural services www.etc-web.com T: (703) 450-6220 Mindy Maronic mindy@etc-web.com

CFM Management Services, AAMC 5250 Cherokee Ave, Suite 100 T: (703) 941-0818 Alexandria, VA 22314 F: (703) 941-0816 Christiaan Melson, AMS, PCAM c­­­­­­­­melson@cfmmanagement.com

ASPHALT PAVING/MAINTENANCE/REPAIR

Brothers Paving & Concrete Corporation 9469 Hawkins Dr T: (703) 393-1927 Manassas, VA 20109 F: (703) 393-1928 Paul Battista info@brotherspaving.com

The Falcon Group www.falconengineering.com 7361 Calhoun Place, Suite 325 Rockville, MD 20855 T: (240) 328-1095 Stew Willis info@falconengineering.com GENERAL CONTRACTORS

Espina Paving, Inc. Asphalt/Concrete 15441 Farm Creek Drive T: (703) 491-9100 Woodbridge, VA 2191 F: (703) 491-9101 Serving: MD, DC, VA info@espinapaving.com

Ploutis Contracting Co, Inc. T: (703) 360-0205 8365 Richmond Hwy F: (703) 360-5439 Alexandria, VA 22309 info@ploutiscontracting.com Stella Ploutis www.ploutiscontracting.com

ATTORNEY

INSURANCE

COWIE & MOTT, P.A. T: (202) 670-6289 2310 Boston Street www.cowiemott.com Baltimore, MD 21224 Nicholas D. Cowie ndcowie@cowiemott.com McMillan Metro, P.C. Real Estate & Development Lawyers 7811 Montrose Road, Ste. 400 Potomac, MD 20854

McMillanMetro.com T: (301) 251-1180

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

BB&T Association Services www.bbt.com Let us save you time and money with our lockbox processing, ACH, coupon book, statement printing and transmission services. Tavarious Butts T: (703) 284-0561 Tavarious.Butts@BBandT.com WINTRUST Community Advantage T: (734) 276-3330 Metro DC www.communityadvantage.com Kim Myles kmyles@communityadvantage.com A leading provider of financial services to condominium, townhome, and homeowner associations.

Griffin Owens Insurance Group www.GriffinOwens.com 847 Station Street, Herndon, VA 20170 T: (571) 386-1000 Offices also located in Falls Church & Manassas Daniel Flavin, CIC, CRM dan@griffinowens.com JANITORIAL

Clean Advantage Corporation 4000 Pen Belt Place T: (800) 315-3264 District Heights, MD 20747 F: (301) 595-3331 www.cleanadv.com info@cleanadv.com MANAGEMENT SERVICES

Associa Community Management Corporation, AAMC 4840 Westfields Blvd, Suite 300 T: (703) 631-7200 Chantilly, VA 20151 www.cmc-management.com John Tsitos, CMCA, AMS, PCAM jstitos@cmc-management.com Barkan Management Company, Inc 8229 Boon Blvd., Suite 760 T: (703) 388-1005 Tyson Corner, VA 22182 F: (703) 388-1006 Michael Feltenberger, CMCA, AMS, PCAM Capitol Management Corporation 12011 Lee-Jackson Highway, Suite 350 Fairfax, VA 22033 L. Peyton Harris Jr., CMCA, CPM lph@capitolmanagementcorp.net

T: (703) 934-5200 F: (703) 934-8808

Cardinal Management Group, Inc., AAMC 4330 Prince William Parkway, Suite 201 T: (703) 569-5797 Woodbridge, VA 22192 www.cardinalmanagementgroup.com cardinal@cardinalmanagementgroup.com Thomas A. Mazzei, CMCA, AMS, PCAM

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CAMP, AAMC (Community Association Management Professionals) www.gocampmgmt.com T: (703) 821-CAMP 4114 Legato Road, Suite 200 Fairfax, VA 22033 hgraham@gocampmgmt.com 209 West Street, Suite 302 Annapolis, MD 21401 sblackburn@gocampmgmt.com Comsource Management, Inc. AAMC www.comsource.com 3414 Morningwood Drive T: (301) 924-7355 Olney, Maryland 20832 F: (301) 924-7340 Gary M. Simon, CMCA, AMS, PCAM gsimon@comsource.com FirstService Residential DC Metro LLC, AAMC 11351 Random Hills Road, Suite 500 T: (703) 385-1133 Fairfax, VA 22020 Robert Teeling robert.teeling@fsresidential.com KPA Management, AAMC www.kpamgmt.com 6402 Arlington Blvd., Suite 700 T: (703) 532-5005 Falls Church, VA 22042 F: (703) 532-5098 Offering personalized service Ed Alrutz, CPM, CMCA, PCAM ealrutz@kpamgmt.com Legum & Norman Inc. AAMC 3130 Fairview Park Drive Ste 200 T: (703) 600-6000 Falls Church, VA 22042 www.legumnorman.com Marc B. McCoy, CMCA, AMS MMcCoy@legumnorman.com Sentry Management www.sentrymgt.com 4401 Ford Avenue, Suite 1150 T: (703) 642-3246 Alexandria, VA 22302 602 South King Street, Suite 400 T: (540) 751-1888 Leesburg, VA 20175 Dave Ciccarelli, AMS, PCAM dciccarelli@sentrymgt.com Sequoia Management Company Inc., AAMC 13998 Parkeast Circle T: (703) 803-9641 Chantilly, VA 20151-2283 www.sequoiamanagement.com Craig Courtney, PCAM ccourtney@sequoiamgmt.com

­­INDEX TO ADVERTISERS A Associa-Community Management Corporation, AAMC......................................................................8 B Barkan Management, LLC, AAMC..................................................................................................22 BB&T Association Services.............................................................................................................31 Brothers Paving & Concrete..............................................................................................................4 C Capital Painting Co.........................................................................................................................19 Cardinal Management Group, Inc...................................................................................................17 Clean Advantage Corporation T/A Condominium Cleaning Service..................................................44 COWIE & MOTT, P.A.......................................................................................................................27 D PAINTING SERVICES AND RETAILERS

DoodyCalls.....................................................................................................................................27

Capital Painting Co. www.capitalpainting.net 5520 Oakwood Road T: (703) 313-0013 Alexandria, VA 22310 F: (703) 922-1826 George Tsentas george@capitalpainting.net

Engineering and Technical Consultants (ETC).................................................................................15

Reston Painting & Contracting 619 Carlisle Drive Herndon, VA 20170 David Hamilton

Fantasy World, Inc. dba Fantasy World Entertainment.....................................................................20

T: (703) 904-1702 F: (703) 904-0248 dave@restonpaint.com

E Elmore & Throop, P.C...................................................................................................................... A F The Falcon Group...........................................................................................................................29 FirstService Residential DC Metro, LLC, AAMC................................................................................43

RESTORATION SERVICES

G Titan Restoration Co Warrenton, VA T: (540) 349-1503 www.titanrestoration.com F: (540) 349-1512 Anita Puckett apuckett@titanrestoration.com

Gardner Engineering, Inc................................................................................................................24

ROOFING

Lerch, Early & Brewer...................................................................................................................... B

TWC Services, LLC PO Box 150277 T: (703) 971-6016 Alexandria, VA 22315 www.twcserv.com Linda Walker info@twcserv.com

Linowes and Blocher, LLP................................................................................................................ C

WINDOWS & DOORS

Windows Plus, LLC 4321 Markham Street T: (703) 256-0600 Annandale, VA 22003 F: (703) 942-6987 Kimberly Wayland kknight@windowspls.com

Gardner Law Firm............................................................................................................................ B L

M Mutual of Omaha Bank@Community Association Banking & CondoCerts.......................................19 N Northstar Community Management Software..................................................................................24 P Ploutis Contracting Co., Inc.............................................................................................................43 R Reston Painting Company................................................................................................................2 S Segan, Mason & Mason, PC...........................................................................................................32 Sentry Management, Inc...................................................................................................................9 Solitude Lake Management............................................................................................................31 T Thomas Schild Law Group, LLC....................................................................................................... A TWC Services, LLC..........................................................................................................................29 W Whiteford, Taylor and Preston, LLP ................................................................................................. D Windows Plus, LLC.........................................................................................................................26 WINTRUST Community Advantage Bank.......................................................................................16

JULY 2019

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Exceptional Service is Our Mission. As Metro DC’s residential property management leader with national resources, we know what it takes to create great communities that residents are proud to call home. We start by putting the right teams in place – local property experts who deliver our best-in-class solutions, along with genuinely helpful service, to enhance the property values and lifestyle of those we serve. That’s how we make a difference, every day, for great communities like yours… • High-Rise and Mid-Rise Buildings • Condominium and Homeowners Associations • Lifestyle, Large Scale and Active Adult Communities 11351 Random Hills Road, Suite 500, Fairfax, VA 22030 923 Maple Grove Drive, Suite 101, Fredericksburg, VA 22407 8701 Georgia Avenue, Suite 300, Silver Spring, MD 20910

Making a Difference.

Every Day.

Proudly serving Washington DC area communities for over 35 years

703.385.1133 | www.fsresidential.com

JULY 2019

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CHAPTER BENEFACTORS

C

ASPHALT & CONCRETE

WMCCAI 7600 Leesburg Pike Suite 100 West Falls Church, VA 22043 www.caidc.org (703) 750-3644

PRESORT STANDARD US POSTAGE PAID ALEXANDRIA, VA # 5659

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

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