summer 2014 issue the beaco n - community …caimdches.org/pdf/14-summer.pdf · summer 2014 issue...

28
Although we hear and read about flood premiums rising significantly, that is not the case in Ocean City, MD. FEMA has remapped and proposed new flood zones which dictate the flood rates, and the flood zones have been relaxed compared to previous flood zone maps. That’s correct…I said relaxed! Although Ocean City, MD, is a barrier island, the ocean front flood zone is proposed to be lowered from the highest-rated risk zone to the lowest-rated risk zone. The ocean front properties used to pay high rates due to the “V” zone on the ocean front, but because of the dune system the flood zone is being lowered to an “X” zone on the proposed flood maps. I think we can all agree the new dune system is a huge help and will mitigate the possibility of high velocity waves crashing into structures. However, if the dune system erodes due to nor’easters and a hurricane should follow before it can be repaired, we will see devastation in the coastal city. Also, don’t forget there is a back door to Ocean City called the Assawoman Bay. Ocean City has experienced flooding every 30 years since the inlet was formed in 1933. In 1962, the entire island flooded from the bay rising until it met the ocean. The winter storm of 1992 breached the dunes of Assateague Island, knocking houses off their foundations and eroded the Ocean City “manmade” dune significantly. Had this been in the summer with another storm close behind, it would have been devastation. Then in 2012, we all recall “Super Storm” Sandy that missed Ocean City about 80 miles to the north. So why would FEMA downgrade the flood zones to where flood insurance becomes optional coverage due to the “X” zone? All I can say is that FEMA told me they did not take Sandy into consideration, because at the time the remapping had already begun. I asked the FEMA employee, “Don’t you think it is worth taking the time to pull back the proposed maps and use the data from Sandy before you have people not buying flood insurance on a barrier island because of antiquated data? Also, shouldn’t you consider the rising level of the oceans?” The reply was…“We don’t look forward in these government studies”. Congress is upset because the flood premiums are not enough to pay for claims, and yet Ocean City FEMA has not only reduced premiums significantly, but they also have the probability people won’t buy flood insurance if it is not federally mandated. So the next time the City is flooded it will be City, State and Federal tax dollars needed to rebuild, because flood insurance was allowed to become an option. Written by: Reese F. Cropper, III, CIRMS Insurance Management Group, Inc. 410-524-5700 [email protected] Disclaimer: The opinion of the author does not necessarily reflect that of CAI For additional information on this topic, come to our Annual Expo on October 21, 2014 and attend the afternoon program "Big Changes to FEMA's Flood Hazard Maps—Find Out Why and When" 2014 PLATINUM SPONSORS Atlantic Maintenance Group, LLC Becht Engineering BT, Inc. Cardinal Management Group, Inc. D.H. Bader Management Services, Inc. Falcon Engineering, Architecture & Energy Consultants Miller Dodson Associates, Inc. Minkoff Company, Inc. Mutual of Omaha Bank—Community Association Banking and CondoCerts Palmer Brothers Painting and General Contracting SOLitude Lake Management Wallace H. Campbell Co., Inc. GOLD SPONSORS American Community Management, Inc. Whiteford, Taylor & Preston, LLP SILVER SPONSORS Association Capital Bank, a Division of Texas Capital Bank Chesapeake Landscape and Design DMA Hileman & Williams, P.C. Linowes & Blocher, LLP Nagle & Zaller, P.C. EDUCATION SPONSORS Becht Engineering BT, Inc. Continental Pools, Inc. Pro Painting & Contracting Structural Restoration Services, Inc. Union Bank HOA Services BEAC O N A CHAPTER OF THE COMMUNITY ASSOCIATIONS INSTITUTE (CAI) THE SUMMER 2014 ISSUE Flood Insurance or No Flood Insurance—That is the Question SAVE THE DATE! CAI Annual Symposium & Expo— October 21, 2014

Upload: vantuong

Post on 18-Aug-2018

216 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

Although we hear and read about flood premiums rising significantly, that is not the case in Ocean City, MD. FEMA has remapped and proposed new flood zones which dictate the flood rates, and the flood zones have been relaxed compared to previous flood zone maps. That’s correct…I said relaxed!

Although Ocean City, MD, is a barrier island, the ocean front flood zone is proposed to be lowered from the highest-rated risk zone to the lowest-rated risk zone. The ocean front properties used to pay high rates due to the “V” zone on the ocean front, but because of the dune system the flood zone is being lowered to an “X” zone on the proposed flood maps.

I think we can all agree the new dune system is a huge help and will mitigate the possibility of high velocity waves crashing into structures. However, if the dune system erodes due to nor’easters and a hurricane should follow before it can be repaired, we will see devastation in the coastal city. Also, don’t forget there is a back door to Ocean City called the Assawoman Bay.

Ocean City has experienced flooding every 30 years since the inlet was formed in 1933. In 1962, the entire island flooded from the bay rising until it met the ocean. The winter storm of 1992 breached the dunes of Assateague Island, knocking houses off their foundations and eroded the Ocean City “manmade” dune significantly. Had this been in the summer with another storm close behind, it would have been devastation. Then in 2012, we all recall “Super Storm” Sandy that missed Ocean City about 80 miles to the north.

So why would FEMA downgrade the flood zones to where flood insurance becomes optional coverage due to the “X” zone? All I can say is that FEMA told me they did not take Sandy into consideration, because at the time the remapping had already begun. I asked the FEMA employee, “Don’t you think it is worth taking the time to pull back the proposed

maps and use the data from Sandy before you have people not buying flood insurance on a barrier island because of antiquated data? Also, shouldn’t you consider the rising level of the oceans?” The reply was…“We don’t look forward in these government studies”.

Congress is upset because the flood premiums are not enough to pay for claims, and yet Ocean City FEMA has not only reduced premiums significantly, but they also have the probability people won’t buy flood insurance if it is not federally mandated. So the next time the City is flooded it will be City, State and Federal tax dollars needed to rebuild, because flood insurance was allowed to become an option.

Written by: Reese F. Cropper, III, CIRMS Insurance Management Group, Inc.

410-524-5700 [email protected]

Disclaimer: The opinion of the author does not necessarily reflect that of CAI

For additional information on this topic, come to our Annual Expo on October 21, 2014 and attend the afternoon program "Big Changes to FEMA's Flood Hazard Maps—Find Out Why and When"

2014 PLATINUM SPONSORSAtlantic Maintenance Group, LLC

Becht Engineering BT, Inc.Cardinal Management Group, Inc.

D.H. Bader Management Services, Inc.Falcon Engineering,

Architecture & Energy ConsultantsMiller Dodson Associates, Inc.

Minkoff Company, Inc.Mutual of Omaha Bank—Community Association Banking and CondoCerts

Palmer Brothers Painting and General Contracting

SOLitude Lake ManagementWallace H. Campbell Co., Inc.

GOLD SPONSORSAmerican Community Management, Inc.

Whiteford, Taylor & Preston, LLP

SILVER SPONSORSAssociation Capital Bank,

a Division of Texas Capital Bank

Chesapeake Landscape and DesignDMA

Hileman & Williams, P.C.Linowes & Blocher, LLPNagle & Zaller, P.C.

EDUCATION SPONSORSBecht Engineering BT, Inc.

Continental Pools, Inc.Pro Painting & Contracting

Structural Restoration Services, Inc.Union Bank HOA Services

BEACONA CHAPTER OF THE COMMUNITY ASSOCIATIONS INSTITUTE (CAI)

THE

SUMMER 2014 ISSUE

Flood Insurance or No Flood Insurance—That is the Question

SAVE THE DATE! CAI Annual Symposium & Expo—

October 21, 2014

Page 2: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

2

EXECUTIVE BOARDPresident . . . . . . . . . . . . . Judyann Lee

Linowes & Blocher, LLPPresident Elect . . . . . . . . . Gary Saylor

Atlantic Maintenance Group, LLCVice-President . . . . . . . . . Gianna Rahmani

Tidewater Property ManagementSecretary . . . . . . . . . . . . . B .K . Wallbrunn

Community Management CorporationTreasurer . . . . . . . . . . . . T . Allen Mott

Cowie & Mott, P.A.

DIRECTORSNeil Alioto, Eden Brook CondominiumBill Hasselman, Becht Engineering BT

Sari McLeod, Complete Management ServicesJohn Taylor, Roland Springs HOA

COMMITTEE CHAIRSBylaws . . . . . . . . . . . . . . Scott Silverman

Nagle & Zaller P.C.DelMarVa . . . . . . . . . . . Tara Laing and Erika Grden

Legum & Norman—Resorts DivisionEducation . . . . . . . . . . . Vicki Eaton

Community Management CorporationEXPO . . . . . . . . . . . . . . Ellen Throop

Elmore, Throop & Young, P.C.Golf Co-Chairs . . . . . . . Scott Karam

Palmer Brothers Painting & General ContractingDave Caplan Community Association Management

Holiday Social Co-Chairs . . . . . . . . . . .

Valerie Robinette, Community Management CorporationMahogani Gordon Community Management Corporation

Maryland Legislative Action Committee . . . . . . . Phyllis Marsh, HomeownerMembership Co-Chairs Ted Porter

PuroCleanOrlando Dorsey Connie Phillips Insurance

Newsletter . . . . . . . . . . . Dani Bressler, Toepfer Construction Co., Inc.

Nominating . . . . . . . . . . B .K . Wallbrunn Community Management Corporation

Onsite Registration for PMDP/Essentials Classes

Jonathan Rosenberg WP&M Real Estate Group

Social Events Co-Chairs Travis Mullins ASG, Inc.Heidi Liester Community Association Management

CAI CHESAPEAKE REGION CHAPTERCamille Cimino, CED

Angela Guaragna, Membership AssociateJennifer Driscoll, Membership Associate

1985 Fairfax Road, Annapolis, MD 21401410/540-9831 • 410/540-9827 (fax)

Email: [email protected] • www.caimdches.orgThis publication attempts to provide CAI’s membership with information on community association issues. Authors are responsible for developing the logic of their expressed opinions and for the authenticity of all presented facts in articles. CAI does not necessarily endorse or approve statements of fact or opinion made in these pages and assumes no responsibility for those statements. This publication is issued with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Permission to reprint articles in Beacon may be granted only after receiving prior written approval from the CED of CRC/CAI.

In This Issue

President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

In Memory of Charles Becht III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Renovations Impact on Reserve Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

It Doesn't Have to Be Unanimous! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2014 Seminars Located on the Eastern Shore . . . . . . . . . . . . . . . . . . . . . . . . 6

Platinum Sponsor Showcase The Falcon Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Lifetime Asphalt Shingles: Understanding the Warranty . . . . . . . . . . . . . . . . 8

Members in the News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Platinum Sponsor Showcase Mutual of Omaha Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

No Money for HOA Capital Improvement Projects, What Next??? . . . . . . . . 11

2014 “Essentials of Community Association Volunteer Leadership” Course Scheduled . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Beacon Advertising Rates for 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Surge Protection: Why a Power Strip Isn’t Enough . . . . . . . . . . . . . . . . . . . 14

CAI Symposium & Expo Save the Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

CAI Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

2014 PMDP Course Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Lots of Fun at the 19th Annual Golf Outing . . . . . . . . . . . . . . . . . . . . . . . . . 18

Ask the Beacon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Platinum Sponsor Showcase Cardinal Management Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . 22

M-204 Community Governance—New Online Course . . . . . . . . . . . . . . . . . 23

Chesapeake Region Chapter CAI Holiday Social Save the Date . . . . . . . . . . . 23

Comprehensive Environmental Management Services and Planning Needs for HOA Governed Subdivisions, Condo Associations, and Commercial Associations . . . . . . . . . . . . . . . . . . . . 24

2014 Homeowner Seminar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

2014 Breakfast Seminar Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Welcome New Members! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

2014 Planning Retreat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

2014 Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover

Page 3: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

3

President’s MessageWow! It is hard to believe that there are only four months left

in 2014. As with all great organizations, CAI’s Chesapeake Chapter has been built on the hard work, dedication and tireless efforts of so many. We are very fortunate to have an Executive Director, Chapter Staff, committee volunteers, and a Board of Directors who are all of that and more. Together we will work toward building on the wonderful accomplishments achieved by the Chapter thus far, with a continued focus on being able to provide our members with the best of resources, great service, networking capabilities and professional development opportunities that will enhance the value of our memberships.

With that in mind, we have made a few changes so far this year. For example, the Social Committee is looking at different charity events to explore ways the Chapter can get more involved with the communities we serve by giving back. We added an Education Committee, which is dedicated to coming up with new and fresh educational topics that are timely and will be of great interest to our members. The Board, with the help of a few dedicated volunteers, is looking at ways to enhance the Chapter’s Bylaws. The Expo Committee is hard at work creating a fun and interactive presentation and educational sessions for the annual Expo and Symposium. The Holiday Social Committee is coming up with new ideas for our Holiday Social at the end of this year, and the Membership Committee has developed wonderful ideas for enhancing membership and welcoming new members. One of their ideas, which is to provide tips to members on the best ways

to take advantage of the various networking and advertising opportunities that come with membership, will be presented to the Business Partners at the Expos and Symposium. The Nominating Committee is also hard at work, coming up with ways to enhance our Board election process. And, let’s not forget the fantastic job that the Golf Committee did this year with the annual golf event, which sold out in record time.

Over the years, we have seen our Chapter change and grow. Summertime is a good occasion to pause and reflect on where we have been, where we need to go and what we need to become in order to be value-added to our members. We have drawn on the expertise of our members and will continue to do so. Therefore, we welcome your feedback to help us move in the right direction.

Judyann Lee [email protected]

Linowes & Blocher, LLP

Summertime is a good occasion to pause and reflect on where we have been, where we need to go and what we need to become in order to be value-added to our members.

Becht Engineering BT, Inc. has reported with deep sadness the passing of the Company’s Chief Executive Officer and Founder, Charles Becht III (Charlie) on May 12, 2014. Charlie founded Becht Engineering in 1964. The firm was segregated into two companies in 2007. Becht Engineering BT, Inc. was established to focus on the needs of our Building Technologies and Community Association clientele. Becht Engineering Co., Inc. continues to serve the energy industry. Charlie was very active with several local chapters of the Community Association Institute (CAI), including the Chesapeake Region Chapter where he served as Chapter President in 2000. Charlie continued to serve Becht Engineering BT as its CEO until his passing. He will be greatly missed.

Becht Engineering Mourns the Death of Founder and CEO Charles Becht III

Charles Becht III In Memory Of

Page 4: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

4

Whether your community is located in Fairfax County, Virginia, Montgomery County Maryland or Washington, D.C., the inability to properly plan or budget for major renovations such as roof replacement, asphalt re-construction or façade restoration can significantly impact reserves. However; the reserve can be affected positively if capital improvements are evaluated in advance of the construction start date.

The study lists an association’s major common elements and building components, and estimates their remaining useful lives in addition to the cost of future repairs or replacement.

It is important to remember though that a reserve study is a guide and not an absolute. Nonetheless, when associations consistently review their reserve studies for upcoming projects, the outcome can be very rewarding, because the foresight can be built into the process, thus enabling more flexibility.

All communities are not the same; each community is unique in its own way. Therefore, buildings located in different geographical locations of the country tend to focus on different structural components, resulting in different financial demands. Factors such as age of community, climate and type of building can surely influence the nature of the renovations at any property.

Strategically, major renovations should be done in close consultation with management and the appropriate experts. Additionally, the deferred maintenance plan should be reviewed

The best tool to predict a community association’s capital project is a reserve study. A reserve study is an engineering report, best prepared by an engineer, architect or a reserve specialist.

In the industry, experts often recommended that Boards update the components of the reserve study after all major capital improvements to clearly identify the impact on the reserve.

and evaluated to identify items that can be removed from the maintenance plan temporarily if they will be addressed during the renovation period. This is crucial because it allows the community to plan carefully and avoid unnecessary routine repairs.

On the contrary, capital improvements can negatively impact reserves if the previous reserve studies were notably underfunded. Underfunding can also force an association to then explore unwelcomed options such as emergency borrowing and special assessments. To complicate situations even more, many financial institutions now require condominium associations and HOAs to provide current reserve studies prior to lending. Typically, the terms of a bank loan will be structured based on whether the reserves are adequately funded or not.

The value of proper planning can’t be stressed highly enough. Major renovations directly impact reserves in more ways than one can imagine. The key word is planning. Condominiums Associations, Homeowner Association and Cooperatives must be vigilant when reviewing and updating reserve studies before and after all major capital improvements and throughout the life of the community.

Written by: Marvin Bennett, Sr., P.E., RS Metro Engineering Services

301-998-6141| [email protected]

To handle unexpected emergencies, a well-funded reserve study with careful oversight may absorb such expenditures more easily. Many experts suggest creating contingency line items for emergencies and disaster situations.

Inaction can be very harmful and expensive when decisions about critical projects are either avoided or delayed. By delaying projects, the concerns only worsen and ultimately become more expensive.

Renovations Impact on Reserve Studies

Page 5: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

5

Congress only has to have a simple majority for most votes. Imagine how much less they would get done (if that is even possible) if they had to have 100 percent agreement on every issue. Condominium and HOA boards are no different. Unless voting on an issue where the governing documents require more than a majority, a simple majority adopts the motion. The exception is when the board is taking non-emergency action outside a meeting. Then, 100 percent written agreement should be sought.

Homeowners vote only on matters where the governing documents require homeowner approval. The board is elected to make decisions on behalf of the homeowners and, like any representative democracy, there are remedies for illegal action, corruption or, at the next election, for unpopular decisions.

The process defined by Robert’s Rules makes this so simple. Any member of the board may make a motion. If there is no second, this means no other member of the board even wishes to discuss the motion. If there is a second, discussion ensues. When the question is called or discussion ends, a vote is taken and the motion either passes or fails. At that point, discussion ends and we move on to another motion. There should be no hard feelings because a motion failed. Likewise, when the board votes, all members of the board should unite behind the collective decision and implement the decision to the best of their ability. No one in the community wants to hear that you and you alone voted for or against this motion.

Try this at your next board meeting. There will be less contention, more will be accomplished, and the meeting will end earlier.

Written by: Majerle Management Greenbelt, MD 301-220-1850

www.accessmmi.com

Connie Phillips Insurance CONDOMINIUM ASSOCIATION

INSURANCE CONSULTANT

Call us today for a review of your Condominium Insurance Program

Serving MD, VA, DC, WV, PA, DE

888.439.0479 24/7: 240.409.8400 / 240.409.8405

www.insurance-financial.net

Property • General Liability • Umbrella Excess Limits • Directors & Officers Liability

Fidelity Bond • Flood

As an Independent Insurance Agency, CPI has unlimited access to the major carriers for Condo coverages.

Our comparative rater program allows us to provide you with a comparison of coverages and premiums.

Experienced in reviewing and assisting in the selection of Master Policy coverages, attending board meetings, and

offering on-site insurance and financial seminars.

CPI ad for CAI Beacon / Fall 2014 / 3.5” x 4.5”

IT DOESN’T HAVE TO BE UNANIMOUS!

We Manage to Make a Di�erence

Small Firm Values, Big Firm Experience

Tysons Corner, VA | Gainesville, VA | Bethesda, MD | Leesburg,VA

(703) 790-1911 | www.ReesBroome.com

Rees Broome is pleased to announce

that Nicole Williams, Esq., has joined

our Bethesda office as Counsel in our

Community Associations Group.

Page 6: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

2014 SEMINARS LOCATED ON THE EASTERN SHORE

Come to the Shore!!THE ESSENTIALS COURSEFriday, November 7Essentials of Volunteer Leadership Course (MD & DE Law to Be Covered)Location: Community Room in Edgewater House at Sea Colony, Bethany Beach, DE Member Cost: $100 Non-Member Cost: $135 Registration: 8:30–9:00 am Course: 9:00 am–4:30 pm Lunch and Course Manual included.

SAVE THE DATE!

6

AAB_Innov_Burkhammer_VertQtrPg_B&W_012714.pdf 1 1/27/2014 11:28:50 PM

Page 7: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie
Page 8: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

PLATINUM SPONSOR SHOWCASE

8

The Falcon GroupThe Falcon Group, a team of highly-skilled professionals, offers

full-service engineering, architecture, Capital Reserve analysis & energy consulting to Community Associations.

The Falcon Group’s Civil Engineering Division has extensive experience in land development, roadway reconstruction design, retaining wall and recreational facility design and drainage analysis and design along with extensive experience with foundations, basement water conditions, soils, erosion, sanitary and storm water collection matters.

The experience of our architectural and structural divisions includes building water infiltration detection and waterproofing designs, parking garages, building ventilation issues, low—and steep—slope roofing designs, facade repair and replacement designs, deck and balcony design, fire separation requirements, sound attenuation and insulation requirements. In short, we are the industry’s building, roofing and façade experts.

Our construction reports, plans and specifications are prepared or designed to achieve a quality work product. Construction observations are performed so that the construction follows the design specifications or plans. The result is a quality finished product that has become the industry standard.

The Falcon Group has extensive experience in the preparation of Capital Reserve Studies and Transition/Engineering Reports for Community Associations. We have four (4) accredited CAI National Professional Reserve Specialists (R.S.) on our staff, a statement that few local firms, if any, can make. Our capital reserve reports are realistic, accurate and site specific to each client.

Our Energy Division’s expertise comes from the knowledge and experience of its engineering experts specializing in energy systems for new and existing buildings. Our projects are executed using Certified Energy Managers, Professional Engineers, Certified Building Commissioning Professionals, and LEED Accredited Professionals.  

The many asphalt shingles manufactured today are marketed as “Lifetime Shingles”. There is typically some misconception regarding what “lifetime” actually refers to and the coverage that is provided by the manufacturers. While each manufacturer offers differences in their warranties, this article will attempt to help understand how the warranties are structured and what is actually covered.

The standard asphalt shingle warranty covers failure of the shingles themselves due to manufacturing defects and does not cover deficiencies in the installation. The “lifetime” implies that the shingles are to be covered for their lifetime, but upon review of the fine print there are several exclusions that alter the coverage.

• The “lifetime” refers to the time the original Owner or second Owner (provided that the warranty was transferred) owns the property.

• The warranty is typically non-prorated for a period of time after shingle installation and will then be prorated until the end of the warranty.

• The “lifetime” duration is only applicable for single-family detached residences. Shingles installed on other types of buildings shall be reduced in maximum coverage; typically 40 or 50 years.

Lifetime Asphalt Shingles: Understanding the Warranty

Shingles are also indicated to offer a certain level of wind resistance; typically 110 to 130 mph provided that the shingles are installed in accordance with the manufacturer’s requirements. The coverage for wind related failure typically does not exceed fifteen (15) years. Should the shingles fail due to a manufacturing defect, the roofing manufacturer will replace any missing shingles and seal any unsealed shingles.

Shingle appearance is important and many shingles are marketed as algae resistant, having an associated warranty; typically ten (10) or fifteen (15) years covering the appearance of blue-green algae only, which does not cover the appearance of mold or mildew. Should algae appear on the roof during the warranty period, the manufacturer will pay the reasonable cost (prorated based on the roof’s age) to have the shingles either replaced or cleaned.

Recently, many of the shingle manufacturers have begun to offer enhanced warranties which will cover all the components provided by the manufacturer as well as the installation of those products. This gives the Owner some peace of mind that any defects with the roof installation would be covered. However, the duration of this coverage is usually considerably less than the coverage for the shingles themselves. Because the manufacturer

continued on page 9

Page 9: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

Members in the News

9

Congratulations to the new Ms. Kerrie Zander, formerly

Ms. Kerrie Wilson, a manager with Professional Community Management!

Kerrie married Doug Zander on May 1, 2014!

is now also warranting the installation of their products, they will only offer this warranty if their highest level contractors perform the work.

CONCLUSION

Many people make the assumption the newly installed shingles are warrantied from any water intrusion. Deficiencies with the manufacturing process are typically covered, but not with the installation. Leaks through a steep slope roof are typically not the result of deficiencies in the shingle itself, but more likely associated with deficiencies in the shingle installation or accessory items which would not be covered.

Enhanced warranties are now offered to provide the Owner with more coverage. All products must be used from the manufacturer supplying the warranty, eliminating any potential savings by using more economical accessory items. The contractors qualified to offer these warranties are typically more skilled and generally more expensive. These enhanced warranties offer more coverage from the roofing manufacturer at the expense of increased roof system costs.

Regardless of the type of warranty selected, the coverage of wind damage or emergence of algae is often considerably less than the coverage on the shingles themselves. While the manufacturers may stand behind the products themselves, they acknowledge that degradation of the shingles is inevitable, leading to loss of system performance. Many of the flashings can deteriorate, leading to potential leaks well before the “lifetime” shingle itself deteriorates. The lifespan of an asphalt shingle roof is not consistent from one building to another and is greatly affected by many other factors. A roofing manufacturer warranty is important for peace of mind, but it does not ensure long term performance of the system. Having a roof system that is properly designed and installed by a qualified contractor with professional inspections should help ensure that the roof performs for an extended duration.

Written by: Michael Popeck, RRC The Falcon Group Engineering & Architecture

continued from page 8

Page 10: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

10

Page 11: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

PLATINUM SPONSOR SHOWCASE

11

Mutual of Omaha BankThe Community Association Banking team at Mutual of

Omaha Bank, is uniquely dedicated to providing comprehensive banking and financial management services exclusively to Common Interest Community Associations.

Our HOA banking team knows the Community Association banking business and understands the needs of Homeowners Associations and Common Interest Community management companies, and we cater specifically to those needs.

Mutual of Omaha Bank provides online management systems, online ACH and credit card payment services, online document delivery—CondoCerts, HOA loans for property maintenance and development, lockbox, and digital imaging services, as well as dedicated customer service teams.

How does your association bounce back from a situation in which a capital improvement project has been identified, however there are not enough funds in reserves to pay for the project? In many situations, association money is being wasted in trying to repair maintenance issues. Oftentimes, a complete replacement project could end up saving the association time and money in the long-run.

There are different ways in which an association can fund capital improvement projects. For example, associations can raise regular assessments, pass and collect a special assessment, or utilize a combination of the two options, along with obtaining an HOA loan. As a corporation, the association may have the ability to obtain financing for capital improvement projects, depending on their governing documents. Contacting the HOA attorney during the initial inquiry stages is imperative to prevent any loan closing disruptions. An HOA loan is a specialized loan, unlike a commercial loan or home mortgage, often difficult with most banks that do not specialize in HOA banking.

Advantages of obtaining a loan include: avoiding a one-time lump sum special assessment, improvements are completed quickly, downward slide of property values are slowed or eliminated, and the association has the potential to save money that is currently being spent with maintenance repairs. Disadvantages include a possible increase in regular or special assessments and additional cost being incurred due to interest

and loan closing fees. HOA loan terms are generally 1–15 years, depending on the useful life of the project, in addition minimum loan amounts may apply. HOA lenders will look at several aspects of the association during the loan underwriting and approval process, including the size of the community, current and past cash flow, delinquencies, the current delinquency policy, a reserve study, financial documents and the overall stability of the association.

Common questions regarding an HOA loan are usually regarding personal liability, from either board members or the individual homeowners. As a corporation, the HOA is responsible for the loan, not the board or individual homeowners. Board members sign as corporate officers on behalf of the association. Although the loan is held with the association, homeowners still have an obligation to pay their regular and/or special assessments in a timely manner.

When trying to obtain membership approval, it is imperative to build confidence in the community through leadership and transparency. The message to the homeowners should include properly identifying the extent of the problem, ensuring the board has reviewed several fix options and an adequate fix plan has been selected, an assembled team of industry experts have assisted through the process and options on how to pay back the loan have been discussed and provided. As with all projects, proper planning and communication is vital during the entire process.

No Money for HOA Capital Improvement Projects, What Next???

Noni RoanRegional Account [email protected]

mutualofomahabank.com Member FDICAFN45462_0213 Equal Housing Lender

$$

Page 12: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

12

MEET A BANK WITH 20 YEARS IN THE NEIGHBORHOOD.

©2014 MUFG Union Bank, N.A. All rights reserved. Member FDIC. Smartstreet is a registered mark of MUFG Union Bank, N.A.

No matter what size your community is, managing it can be a daily challenge. Union Bank® Homeowners Association Services is here to help. For over 20 years, we’ve streamlined the assessment collections process for community associations with specialized tools and services powered by Union Bank product solutions and our proprietary Smartstreet® technology platform. We offer a customized HOA lockbox with same-day processing to accelerate payment collection, reduce mail-in times for checks, and provide homeowners with convenient online payment options. Whatever your needs, Union Bank’s capabilities make it easier to control your daily financial operations. Contact us today at 866-210-2333 to learn more.

HOAbankers.com Smartstreet.com

Friday, November 78:30–4:30 pm Community Room in Edgewater House at Sea Colony Bethany Beach, DE

The Chesapeake Chapter would be more than willing to present an “Essentials” program for an individual community or management company if you are able to register a minimum of 15 people. Call the Chapter office to reserve!

EASTERN SHORE

LOCATION!

2014 “Essentials of Community Association Volunteer Leadership” Course Scheduled

The community association leaders who present this course take their jobs very seriously. During this full-day program, you will be able to interact with participants and instructors, ask questions, get detailed explanations, and receive feedback from your classmates and the instructors.

We have scheduled the following “Essentials” courses in 2014:

“All attendees receive an extensive course manual that they can refer to as a source of information”

To Register, Visit www.caimdches.org

Page 13: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

13

BEACON ADVERTISING RATES for 2014

Ad reservations are taken on a first-come, first served basis

Ad SizeMember

Price (per issue)

Non-Member Price

(per issue)

Full page: 8” x 10” Black & White

$400 $500

Half page: Horizontal 8” x 5” Black & White

$270 $370

Half page: Vertical 4” x 10” Black & White

$270 $370

Quarter page: 3.5” x 4.5” Black & White

$190 $290

Business card: 3.5” x 2” Black & White

$165 $265

Add color (per ad) $200 addl $300 addl

Advertising deadlines—Send ads to Chapter Office by these dates in order to be included in the Beacon.

Fall issue: 9/29/14

The size and rate information applies to camera-ready ads. These charges do not include artwork preparation that may be necessary to place ads. Signed contracts must accompany payment. The application form is located on the Chapter website: www.caimdches.org.

Page 14: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

14

Warmer weather brings longer days, but also the potential for thunderstorms and lightning. While lightning strikes or downed power lines are rare, they can cause serious electrical damage to your home—that’s why most people have a surge protection strip or two for their TVs, computers and other electronics. But what you may not realize is that there are electrical surges every day in your home, some of them caused by the very equipment you’re trying to protect cycling on and off, and that surge protector strip is probably not enough to keep your devices and appliances safe.

Today’s homes have more electronics than ever before, and homeowners may not even realize how many items need to be protected. From electronic coffee makers to laser printers, many common items have circuit boards and electronic components for programming that are vulnerable to electrical surges.

A power surge, which may also be called transient voltage, is an increase in electrical voltage significantly greater than the designated level in a flow of electricity. Normal home and office wiring in the U.S. carries a standard of 120 volts; if the voltage surges higher than that for one or two nanoseconds you have a spike; if it lasts for three nanoseconds or more you have a surge. Both spikes and surges can cause problems for your electronics.

This type of equipment consumes a lot of power as it cycles on and off, creating sudden, brief demands for power which can interfere with consistent voltage flow, which can damage components, either immediately or over time.

Most people know to use a surge protector for their electronic equipment. Surge protectors work by diverting the excess voltage into the grounding system. While a good quality surge protection strip is a necessary part of keeping your electronics safe, it’s only one part of a two-part system. A surge protection strip is called an “end of line” or “device” type protection. To truly protect your home and your equipment from power surges you need both a whole house surge protection system, and secondary surge protection strips for specific equipment. Individual surge protectors can be placed on A/C units, water heaters, phone systems, CATV systems, computer network cable systems and CCTV systems. Whole house surge protection will eliminate any surges on the incoming utility, and coupled with specific “end of line” surge protection, will protect your electrical infrastructure from both equipment failure surges and exterior surges like lightning strikes.

Whole house surge protection is installed by a licensed electrical contractor, usually in a few hours or less. These professional surge protectors can be applied to your electrical panel (make sure the device used is listed UL 1449 third edition for the best protection), cable/satellite hookups, motors, pumps and telephone lines. This first line of defense protects your home and equipment from surges coming in through power lines and utility lines. While lightning is the most familiar source of power surges,

it’s actually the least common. The most common source of power surges is right in your home—high-power electrical equipment like air conditioners, and heating elements like HVAC systems and water heaters.

Surge Protection: Why a Power Strip Isn’t Enough

Restoring Balance. Enhancing Beauty.Your full service provider of lake Your full service provider of lake Your& stormwater pond management soluti ons to help you att ain and preserve the balance in your community’s aquati c resources.Learn more at:solitudelakemanagement.com

Toll free: 888.480.LAKE (5253)

continued on page 15

HILEMAN & ASSOCIATES, P.C.

Legal Services

for Community Associations in Maryland and the District of Columbia

Elizabeth L. Hileman, Esq.

Nakiya E. Whitaker, Esq.

7979 Old Georgetown Road, Suite 600 Bethesda, Maryland 20814

(301) 652-1448

FAX (301) 718-4399

[email protected]

HHH

Page 15: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

15

take that to the bank.

pick the right toolsfor your next project.With community association lending expertise like ours,you’ll get the job done right.

AFN46205_1213

Member FDICEqual Housing Lender

EQUAL HOUSINGLENDER

866-800-4656, ext. 7583 mutualofomahabank.com

Quality whole house surge protection will be a static product, consistently monitoring the electrical system until needed.

Typically, whole house surge protection systems can be installed for a fraction of the cost of replacing damaged products due to an electrical surge, and add a significant level of protection, plus insurance with the better systems. You will still need individual surge protector strips for particularly sensitive equipment (TVs, computer equipment, etc.) but this two-step protection system will go a long way toward preventing blown electronics. As more and more items rely on electronic circuitry to function properly, it’s worth the investment in whole house surge protection to make sure you don’t lose your electronics the next time there’s a power surge in your home.

Written by: Gus Boesl Gus Boesl is a certified master electrician

and chief operating officer of Kolb Electric. To contact Kolb Electric, please call

410-579-5800 or visit KolbElectric.com.

Because you may not know if there are power surges when you have surge protection installed, it’s important to choose a system that has easily viewed alerts so that you can check that it is functioning properly. The best systems will come with a protection warranty.

Do you own a condo? Belong to a homeowner association?Serve on a condo or HOA board?Handle real estate property management? Then you should be reading marylandcondolaw.com.

Written by Ober|Kaler attorney Raymond Daniel Burke, one of the region’s top construction and real estate development lawyers, marylandcondolaw.com is your online resource for information on laws and regulations affecting condo, homeowner and community associations.

An online resource for condominium and homeowner associations and their members

continued from page 14

Page 16: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

SAVE THE DATE!!!CAI’s Annual Symposium & EXPO

Since Strangling is

Not an Option...

Learn how to confront and deal effectively with the behaviors and attitudes of difficult people

8:00 am–9:15 am: Continental Breakfast & Early Bird Preview—Expo Open

9:15 am–11:15 am: Keynote Presentation” Since Strangling is not an Option…Creating Positive Strategies for Dealing with Difficult People”

11:15 am–1:30 pm: Expo & Lunch in the Exhibit Area

1:45 pm–2:45 pm: Afternoon Concurrent Sessions

1. Open Forum—Continue Discussion from the Morning Program

2. Big Changes to FEMA’S Flood Hazard Maps— Find Out Why and When

3. Legislative Priorities in a new General Assembly

3:00 pm–4:30 pm: “Wrap Party” Happy Hour Reception including Complimentary Beer, Wine, Crabs & Hot Hors d’oeuvres!

16

Time: 8:00 am–4:00 pmPlace: Martin’s West in Baltimore, MD

Tuesday, October 21, 2014A Dale Carnegie

Presentation!

Sponsorships Available!

Page 17: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

17

• How to Find the Right Community Association Professional

AttorneysBids & ContractsLandscape Contractors Management CompaniesOn-Site Managers

• Board Roles and Responsibilities in Community Associations

The Board PresidentThe Board TreasurerThe Board Secretary

• How Community Associations Collect Assessments

DelinquenciesMember Dues

• How Community Associations Maintain Peace & Harmony (AKA Enforcing rules)

Design ReviewDrafting RulesPet Policies

• How Community Associations Protect Themselves

Risk ManagementInsuranceNatural Disasters

• How Community Associations Maintain Common Areas

Trees, Turf & ShrubsCurb Appeal

• Communications: How Community Associations Stay in Touch

• Conflict Resolution: How ADR Helps Community Associations

• Conflicts of Interest: How Community Association Leaders Honor Their Duties

• Developer Transition: How Community Associations Assume Independence

• Managing and Governing: How Community Associations Function

• Meetings & Elections: How Community Associations Exercise Democracy

• Reserve Funds: How & Why Community Associations Invest Assets

• Volunteers: How Community Associations Thrive

CAI PUBLICATIONGuides for Association Volunteers and Managers— Full Set Now on CD!26 Titles on One CD

A Complete Library at Your Fingertips Covering Community Association Management, Governance and Operations.

Since 1976, board members and association professionals have been relying on the Guides for Association Practitioners (GAP Reports) for expert guidance. These 26 frequently-revised guides bring valuable insight, advice and solutions to practically every problem you will encounter in your community. This new CD contains the latest edition of every GAP in the series. Many of these extremely user-friendly guides also include useful references as well as sample document and forms.

Building On Our Reputation For Quality Engineering For 50 YearsBecht Engineering, BT provides a broad spectrum of engineering and construction management services to Condominium Associations and Cooperative Corporations. Our experience with buildings ranging from townhouses to high-rise structures will provide you with the expertise and resources to protect your property for years to come.

LEED AP

For All Of Your Engineering Services

BECHT EnginEERing, BT

[email protected]

YEARS

1964-2014

YEARS

1964-2014

Attention Managers!2014 PMDP COURSE SCHEDULE

Chesapeake Region Chapter

Sept . 18–20 M100The Essential of Community Assn Mgmt Baltimore, MD

Oct . 23–24 M201 Facilities ManagementBaltimore, MD

Nov . 13–14 M203 Community LeadershipBaltimore, MD

Questions?Call CAI Direct at (888) 224-4321

(M–F, 9:00 am—6:30 pm EST)Website: www.caionline.org/educationprograms

Includes:

Order Today!Visit www.caionline.org

Page 18: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

18

Lots of Fun at the 19th Annual Golf Outing

Page 19: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

19

Page 20: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

This year’s 50/50 proceeds ($555)

were donated to THE FISHER HOUSE at

Walter Reed Medical Center. Providing a "Home Away from Home", Support and Assistance to American Military Families in their time of need.

MANY THANKS TO OUR 2014 GOLF COMMITTEE!

Scott Karam, Co-Chair, Atlantic Maintenance Group

Dave Caplan, Co-Chair, Community Association Management

Laurie Cohn, SI Restoration

Scott Davis, Professional Community Management

Maura Hancock, Condominium Venture, Inc.

Don Gentry, Residential Realty Group

Nicole Metz, American Community Management

Bill Morris, Lasting Impressions Landscape Contractors

Kara Permisohn, Minkoff Company, Inc.

Gianna Rahmani, Tidewater Property Management

John Sheehy, D.H. Bader Management Services, Inc.

Keith Stains, Property Management People

Victoria Unverzagt, T&D Duct Cleaning

2014 GOLF OUTING SPONSORSThank you for making the tournament a HUGE success!American Community Management

American Pool, Inc.Aquasafe Pool ManagementAtlantic Maintenance GroupAutomated Protection Becht Engineering BTBenjamin MooreBHK Lawn Maintenance Building Envelope Consulting Chesapeake Landscape and Design

Clean AdvantageColumbia RoofingCustodial Work Resources

Condominium Venture, Inc.D. H. Bader Management Services

DRD Pool ManagementFlood DepartmentG4S Secure Solutions (USA) Inc.Grounds Management & Landscaping

Knott MechanicalKolb ElectricLasting Impressions Landscape Contractors

Law Office of Cynthia Hitt Kent

Linda Mericle, P.A.

Linowes and Blocher LLPMainScapes, Inc.McFall and Berry Landscape Management

Mid Atlantic PromotionsMiller DodsonMinkoff Company, Inc.Nagle & Zaller Palmer Brothers Painting and General Contracting

Potomac Basin GroupPower Systems ElectricProPainting & ContractingPurofirst of Metro WashingtonReserve Advisors

Residential Realty GroupServPro of Annapolis/ Severna Park

Sherwin Williams SI RestorationSouth River RestorationT&D Duct CleaningThe Law Offices of Gregory Alexandrides, LLC

Toepfer ConstructionValleycrest Landscape Maintenance

Village Lock and KeyWeir Pest Control

Page 21: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

Response provided by Judyann Lee, Esq., of Linowes and Blocher LLP, member of CAI’s Chesapeake Region Chapter’s newsletter committee. The contents of this column should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

Please note, not all questions will be published in the newsletter. Send your question to [email protected] by September 8, 2014 in order to be considered in the next issue of the Beacon.

21

Send your questions to “Ask the Beacon”

Ask The Beacon

Signed,

Trying Not to Make Waves

Dear Beacon,

I am a member of the board of directors for my

condominium association. We have a community

swimming pool and it recently came to the board’s

attention that one of our residents signs his 8 year

old grandson in at the pool along with a swimming

instructor, who gives the grandson swimming lessons in

the pool. The grandson does not live in the condominium

and neither does the swimming instructor. The instructor

was not hired by the association, is not an association

employee, and the resident pays the instructor directly

for each lesson. The board doesn’t have a problem

with the grandson using the pool, but we’re not sure if

allowing a swimming instructor to use the pool opens

the condominium up to liability. If so, do you think that

requiring the instructor to sign a waiver of liability would

limit any potential liability to the association?

Dear Trying Not to Make Waves,There are a couple of things the Board

should consider and I would recommend that you talk to your legal counsel about this situation right away. First, the use of the pool in this manner likely subjects the condominium to the requirements of the Americans with Disabilities Act (“ADA”). ADA applies to “places of public accommodation” and generally does not apply to recreational facilities of a condominium association, if such facilities are available exclusively to residents and guests of residents. Here, because a swimming instructor who is not a resident or guest of a resident is being brought in by a resident to provide swimming lessons to a nonresident in exchange for compensation,

the condominium’s swimming pool would likely be considered a public accommodation under the ADA and must comply with the ADA’s accessibility requirements. These requirements may include the installation of a sloped entry into the pool, a mechanized lift, and/or a transfer system. The board would also need to ensure that the path of travel to access the swimming pool is ADA compliant as well. Such modifications can be very costly for the association.

Second, the use of a waiver liability form may help to protect the association, but it is not foolproof. In general, the guests would sign the form before they use the pool, wherein they would agree to release the association from any

liability if they are injured while using the pool. Such waivers are valid and enforceable in Maryland so long as the party issuing the waiver is a commercial establishment or business. The law is less clear in cases where the organization, such as a condominium association, is not a commercial establishment or business. Also, such waivers may not be enforceable where an injury is caused by an intentional act or gross negligence on the part of the condominium’s board, officers, employees or agents. In addition, if the guest is a minor, the minor cannot sign an enforceable waiver of liability. Only a parent or legal guardian of the minor child can sign a liability waiver on the child’s behalf. For these reasons a liability waiver may not fully protect the association, however, it may help to deter guests who sign the waiver from filing claims against the condominium and it could be drafted in a way that still helps to minimize the risks to the association of allowing nonresidents to use its pool.

The board should discuss these issues with the condominium’s legal counsel and insurance carrier to determine the best way to protect the condominium from liability when nonresidents use its pool. Good luck!

Sincerely,

The Beacon

Page 22: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

PLATINUM SPONSOR SHOWCASE

22

Cardinal Management Group, Inc.Since launching the company in 1987, Cardinal

Management Group’s principals—brothers Thomas, Don, and Patrick Mazzei—have remained steadfast in their commitment to superior service and controlled growth. Now, over two decades later, Cardinal Management Group is a right-sized organization wholly dedicated to serving your community and property management needs, large and small. Our unyielding focus on service, our attention to detail, and our constant professionalism have made us one of the most respected firms in the industry.

At Cardinal Management Group, no matter what property or community type we’re engaged to care for, our accredited professionals are trained to take an enthusiastic, hands-on management approach. That training begins with our exclusive management certification program. This rigorous corporate program emphasizes innovation, attention to detail, and follow-up, as well as loyalty, accountability, and fiduciary responsibility. As a direct result, our team is prepared to address your needs—any need, at any time—with diligence and efficiency

From our comprehensive processes and procedures to staff training and day-to-day management tasks, we are never satisfied with “good enough.” We continually work to discover and refine new ways to serve your needs more efficiently and effectively. This approach to continuous improvement, our management philosophy of open access, and our long-standing industry relationships impact everything we do at Cardinal Management Group, Inc. They represent the foundation of our outstanding reputation and the key to our continued success.

Our Mission: • We will create an empowered organization where each

employee is an integral part of ensuring that our clients are reassured knowing that we are the custodians of their community and the stewards of one of their most valuable and precious assets…their home.

• We will treat every client with dignity and respect, and each problem as if it were our own.

• We will give our clients the luxury of coming home to a community that is attractive and maintained at all times.

• We will perform our duties with honesty and integrity and ensure that our clients always have a positive experience when contacting our organization.

• We will “manage to make a difference” in the communities in which we work.

• We will be the preeminent community management company where commitment to excellence and responsiveness are the guiding principles.

CARDINAL MANAGEMENT GROUP, Inc. WE MANAGE TO MAKE A DIFFERENCE Serving NoVA, MD & FL—(800) 356-3294

www.CardinalManagementGroup.com [email protected]

we manage to make a difference

CardinalManagementGroup.com | 800-356-3294

Page 23: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

Chesapeake R egion Chapter CAI

Holiday Social

SAVE THE DATE!

Friday, December 5, 2014 at the Westin, BWI

M-204 Community Governance—

New Online CourseThe new online course, M-204 Community

Governance, is ready for sale and marketing and promotional emails have

been sent. If you’re interested in what the course looks like, you can view a segment

of it on CAI National’s website. We still recommend members take classroom courses with a live instructor, but this

online format will help those who have travel or learning situations. This course costs the same and counts for the same

credits as other M200-level courses.

If you have questions, contact Jake Gold at [email protected].

Attention Managers!

Page 24: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

24

Many of the well-designed and professionally engineered communities in our region possess multitudes of ecologically sensitive areas that require short and long-term management planning. In order to prevent degradation to community infrastructure, dwelling units, and/or aesthetics; proactive planning may be essential, as these issues are typically not considered in the pre-construction phases of development and community build-out. Various open space areas within the community setting are referred to as “Management Units (MUs)” by the Environmental Planner. The Best Management Practices (BMPs), and the underlying principles and processes that may be required to restore, improve, and maintain eco-sensitive MUs in communities may apply to:

• Stormwater Management Systems, (including but not limited to, ponds, bio-swales, retention basins, and the associated conveyances)

• Coastlines and Riparian Zones (the transitional land area between open water and upland)

• Forested areas • Wetlands and poorly

drained areas • Large or small community

Open Space (typically consisting of extensive mowed turf zones)

Community environmental MUs, BMPs and implementation procedures may be recommended and advised by the Environmental Planner; however, the concluding goal(s) and objectives should be determined between property managers, homeowner association (HOA) representatives and the Environmental Professional by way of a collaborative and interactive process. Before the collaborative process begins between the stakeholders involved, the Environmental Planner conducts site assessments and reviews site approved plan(s). This is essential to determining existing deficiencies and/or the potential for future deficiencies.

The plan design utilizes the BMPs and technologies that meet user goals and objectives with the least amount of negative impact to the environmental conditions such as water quality, soil structure, native beneficial vegetation, habitat, and aesthetics. It is imperative that all local, state, and federal environmental regulations applicable to the site be considered and inclusive to the plan. Preexisting or required permits and stipulations should be heavily considered

The initial assessment and reporting process is followed by a comprehensive enhancement and/or management plan

specific for the MUs of concern.

Comprehensive Environmental Management Services and Planning Needs for HOA Governed Subdivisions, Condo Associations, and Commercial Associations

during design stages. Grant funding assistance from environmental regulatory agencies or private sources should also be researched and reported for consideration.

Next, the Environmental Professional presents the plan to the stakeholders in a formal educational setting (community clubhouse or conference rooms work well), complete with text narration and a verbal explanation of the principles and processes recommended. Modeling of the existing conditions and comparisons to the anticipated final product expectation is beneficial. These steps of the process are significant to address all learning styles and ensure holistic understanding. The collaborative stage is also an important time for all stakeholders to pool resources and become involved if desired.

The Environmental Planner will also describe any and all products and tools required to meet the project expectations. It may be at this point of the process that the HOA representatives provide input as to the specific user wants and needs. This is where the homeowners establish project “ownership” and commitment to success. The obtained information is then refined and incorporated into the final plan product and presented to the stakeholders (typically the HOA board, property manager or owner/developer) for final review and approval.

A “Comprehensive Stormwater Management Plan” is completed once all relative data and information is collected. The Comprehensive Stormwater Management Plan and its underlying processes and product requirements should be incorporated into a manual form to serve as an implementation guideline and community reference. Final plans should emphasize, but are not limited to:

• Aquatic bacteria and algae control

• Aquatic vegetation control • Fish and wildlife

management (goose and muskrat control)

• Human impact and restrictive use

• Integrated Vegetative Management for invasive species

• Aeration (if applicable) • Structural monitoring and

deficiency reporting • Due diligence

requirements • Products required

(herbicides/pesticides) • Licenses and certifications

Key(s) to Successful Community Environmental Management Services Planning

• Education • Collaboration • Implementation

continued on page 25

Page 25: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

25

When considering Environmental Management Services Planning for community coastal areas (riparian zones), forested areas and wetlands, it is important to initiate collaboration regarding Integrated Vegetation Management Programing. Emphasis is required on BMPs to control vegetative types that are native nuisance and or exotic invasive species. The control and or eradication of viney material, Phragmites australis and other species that reduce biological diversity, degrade natural beauty, reduce soil stability or create fire hazards are important considerations in the plan. This typically includes the use of the most appropriate form of environmental-friendly herbicide (typically systemic salts) and then, over time, conventional removal and composting practices. The removal of undesirable vegetation, as well as the management and the propagation of native vegetation may improve view corridors out to wetlands and open water, which may in turn improve property values. Controlling “Coastal Invaders” such as Phragmites australis protects dwelling units and community infrastructure from rhizome (later root) intrusion and an undesirable source of fuel for wildfire. Like any Environmental Management Plan this requires a site assessment, an existing conditions study and reporting to the stakeholders involved during the collaboration

process. User goals may include any habitat enhancement that maybe desired, such as nesting platform installation for ospreys and or other migratory birds, large or small. The vegetative types selected in the plan and canopy elevations may also be determined during the collaborative process.

Environmental Management Services and the application of these services to the HOA governed subdivisions maybe necessary for short and long-term community sustainability, improved quality of life and most importantly, reducing long-term capital expenditure from reserves. Leading your community toward environmental stewardship may prove to be most rewarding and value-driven. Therefore, selecting a qualified Environmental Planner with experience in community Environmental Management Services Planning will prove to be an asset by simplifying a multivariable and complex process based on science, regulation and innovation.

Written by: Todd Fritchman Envirotech Environmental Consulting, Inc.

[email protected] 302-684-5201

www.envirotechecinc.com.

2014 HOMEOWNERSEMINAR

Saturday, September 20How Do Associations Handle the Challenges that Come with Leasing…Do You Want to Be a Landlord?Instructor: Attorney, Susan Rapaport, Davis, Agnor, Rapaport & Skalny LLC Location: Hilton Garden Inn, BWI Registration: 9:00–9:30 am. Seminar: 9:30–11:30 am

The Chesapeake Chapter is offering the following Seminar geared specifically for

Board Members & Homeowners:

COST: Only $20.00 per registrant!

PLEASE NOTE: dates may be subject to change. For more information about each seminar, visit www.caimdches.org and click on the “Education” tabContact the Chapter Office for questions: [email protected]

ATTENTION HOMEOWNERS!

continued from page 24

Page 26: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

26

To register or download the Breakfast Seminar Brochure, visit www.caimdches.org

Wednesday, September 17, 2014Smart Moves—Transitioning from One Management Company to AnotherIt is important for the board and the management company to agree from the start on how the association should be run. If an association is changing from one management company to another, the details should be spelled out in the management contract to ensure an orderly transition.

Normally, the expectation is that a management company will cooperate fully and fairly in turning over books, records, money and association property but that may not always happen. Partial documents, delays or resistance to cooperate, can impact a smooth transition.

Although management styles and contracts may vary, all management companies should work together to achieve a smooth transition. Experienced managers will have checklists and procedures in place to make this process drama free however, there are no industry guidelines in place to assist in this process.

Hear what some of the experts say about this important aspect of the business! Perhaps together, we can develop some principles to help insure a flawless transition for all parties involved.

2014 Breakfast Seminar Schedule

ATTENTION HOMEOWNERS,

BOARD MEMBERS & MANAGERS

LOCATION CHANGE: Michael’s Eighth

Avenue, 7220 Grayburn Dr.

Glen Burnie, MD 21061

When it comes to lake, stormwater pond and fi sheries management, sustainability is essential. You have to incorporate the right strategies, invest in the best solutions and strike the perfect ecological balance to ensure the long-term health and beauty of your aquatic ecosystems.

Download “Your Guide To Sustainable Pond Algae And Aquatic Weed Control.”

Visit SOLitudeLakeManagement.com/balance

The Balance of Your Aquatic EcosystemIs Our Top Priority.

health and beauty of your aquatic ecosystems.

Restoring Balance. Enhancing Beauty. 888.480.LAKE • SOLitudeLakeManagement.com

Page 27: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

27

Welcome New Members!New Chapter Members, April–June, 2014

Dr . John AllemangLake Linganore Association, Inc.

Ms . Mary BonkowskiConstant Friendship Homeowners Association, Inc.

Ms . Kelly BowlusPiney Orchard Community Association

Mr . Frank BradleyCarroll Vista Condominium I, Inc.

Ms . Sandra BurchPark Place at Esplanade HOA

Mr . Patrick Cadigan

Mrs . Patricia ChristopherCarroll Vista Condominium I, Inc.

Mr . Mark DebordLake Linganore Association, Inc.

Ms . Julia DrummondProfessional Community Management

Ms . Sheryl DeerPark Place at Esplanade HOA

Mr . Robert EarnestCarroll Vista Condominium I, Inc.

Mr . Clay EdwardsLake Linganore Association, Inc.

Ms . Melissa EshamAtlantic/Smith Cropper & Deeley, LLC

Mr . David GrantWPM Real Estate Management

Mr . Ryan GrassoPark Place at Esplanade HOA

Mr . Xavier Greene

Ms . Tinley JabinskePiney Orchard Community Association

Ms . Yvette Johnson

Mr . Lance KerrLegum & Norman, Inc.

Ms . Nancy L . Klimon

Mr . Stephen MarsalerCarroll Vista Condominium I, Inc.

Mr . Michael McLaneLake Linganore Association, Inc.

Mrs . Donna MooreCarroll Vista Condominium I, Inc.

Ms . Jessica O'KanePiney Orchard Community Association

Mr . Hunter PielLaw Office of Hunter C. Piel, LLC

Mr . Derek Rustvold

Mr . Sam SchrecongostLake Linganore Association, Inc.

Mr . James SchultzLake Linganore Association, Inc.

Mrs . Carla Scott

Ms . Susan SwankPiney Orchard Community Association

Mr . Chris VermillionLake Linganore Association, Inc.

2014 PLANNING RETREATCOCKTAIL RECEPTION TO FOLLOW

FREE FOR ALL

MEMBERS!

COME & SHARE ANY GREAT IDEAS FOR FUTURE 2015 MANAGER AND HOMEOWNER SEMINARS!

When: Wednesday, September 10, 2014

Where: Sheraton Columbia Town Center Hotel

Room: Lakeview D

Address: 10207 Wincopin Circle Columbia, MD 21044

Phone: 410-730-3900

Time: 3:00–5:00 pm (Planning Session)

Cocktail Reception: 5:00–6:30 pm

2 Free Cocktails & Heavy Hors D’oeuvres

WE WANT YOU!

CAI MANAGERS AND HOMEOWNERS PLEASE TRY TO ATTEND!

BUSINESS PARTNERS ARE ENCOURAGED TO BRING A GIFT CARD AS A DOOR PRIZE!!

We are a member- driven organization.

Please come and share your ideas!

Page 28: SUMMER 2014 ISSUE THE BEACO N - Community …caimdches.org/pdf/14-Summer.pdf · SUMMER 2014 ISSUE Flood Insurance or No Flood ... Charles Becht III (Charlie) on May 12, 2014. Charlie

The Chesapeake Region ChapterCommunity Associations Institute1985 Fairfax RdAnnapolis, MD 21401410–540–9831

PRSRT STD U.S. POSTAGE

PAID HARRISBURG, PA PERMIT NO. 533

2014 Calendar of EventsOCTOBER 15 Board of Directors Meeting, Hanover, MD

21 EXPO & Business Provider Showcase—Martin’s West, Baltimore, MD

23–24 M201—Facilities Management—Baltimore, MD

23–25 CEO-MC Retreat, San Diego, CA

NOVEMBER 7 Essentials Course— Sea Colony, Bethany Beach, DE

12 Board of Directors Meeting, Hanover, MD

13–14 M203—Community Leadership—Baltimore, MD

18 GBBR Resale Disclosure Seminar

DECEMBER 12/5 Holiday Social/Annual Meeting— Westin, BWI

SEPTEMBER 10 Planning Retreat —Sheraton Columbia Town Center Hotel, Columbia, MD

16 GBBR Resale Disclosure Seminar

17 Breakfast Seminar—“Smart Moves—Transitioning from one Management Company to Another”—Michael's Eighth Avenue, Glen Burnie, MD

17 Board of Directors Meeting— Glen Burnie, MD

18–20 M100—The Essentials of Community Association Management—Baltimore, MD

20 Homeowner Seminar “How do Associations Handle the Challenges that come with Leasing…Do you want to be a Landlord?”—Hilton Garden Inn, BWI

Please note that this schedule is subject to change .

SAVE THE DATE—September 10—Planning Retreat and Cocktail Reception