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Pokémon Go or Pokémon No
Holiday Decorations in
Community Associations
... and more!
Washington Metropolitan Chapter Community Associations Institute NOVEMBER 2016
Making a
A Magazine for Community Association Volunteer Leaders, Professional Managers and Business Partners
2 | Quorum
NOVEMBER 2016 | 3
5 Message from the President
6 Chapter Benefactor: Cardinal
Management Group, Inc.
6 Quorum Magazine Editorial Calendar
7 Welcome New Members
8 Upcoming Events
9 Event Flyer: 2017 WMCCAI Conference
& Expo
10 People & Places
11 Volunteer Spotlight
11 Quorum Queries
21 Event Flyer: Roundtables: Facility
Management (Onsite)
25 Event Flyer: Roundtables: Manager & Legal
29 Event Flyer: 2016 Membership
Recruiting Contest
32 Classifieds
33 Index to Advertisers
To optimize the operations of Community Associations
and foster value for our business partners.
Reader comments and suggestions are welcome.
Address your comments to:
7600 Leesburg Pike, Suite 100 West
Falls Church, VA 22043
We also wel come ar ti cle sub mis sions from
our members. For author guide lines, call
(703) 750-3644 or e-mail
Articles may be edited for length and clarity.
12 Transitioning into Your New Community
By Jasmine Briggs
16 Gazing into the Crystal Ball: Planning
By Stub Estey, Dominion Valley Owners Association Board
Member at Large, and Gary Clukey, Board President
18 Making the Transition
By Jim Foley, CMCA, AMS
20 Transition from Developer to Manager
By Lee Ann Weir, CMCA, AMS
22 Beyond the Bind
By Lauri Ryder, CIC, CRM, CMCA
24 Dissolution: What a Homeowners
Association Should Consider
By Casey L. Cirner, ESQ.
26 From Declarant to Association
By Mike Sims
30 Pokémon Go or Pokémon No
By Leslie Brown, ESQ.
34 Holiday
Decorations in
By Daniel Costello, ESQ.
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done right,
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l Superior performance and excellent customer
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l A+ Rating with Better Business Bureau.
Call 703.956.6172 for your
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l We service Virginia, Maryland and DC.
l We provide highly skilled and experienced
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l Call 703.956.6172 for your expert
Licensed | Bonded | Insured
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MHIC# 131916
DC PERM# 8402
NOVEMBER 2016 | 5
resident Jeremy M. Tucker,
resident-elect Bruce H. Easmunt,
ice President Sarah Elise Gerstein,
ecretary Crishana L. Loritsch,
reasurer Rafael A. Martinez,
Immediate Past President Donna G. Newman, CMCA, AMS, PCAM
Executive Director Matt Rankin, CAE (ex officio)
Gordon Boezer, Dorothy Firsching, P
, Michael Gartner, E
., Airielle
, A
, P
, Jose Ignacio, C
, Judith McNelis, C
Ted Ross, Todd A. Sinkins,
, Elizabeth Schultz,
AMS, and Stephen Wright, CMCA, AMS, LSM, PCAM
Communications Council Ruth Katz, E
Education Council Donald Plank,
Member Services Council Orlando Ramirez
onference & Expo William Cornelius
nd Jennifer Bennett,
.C. Legislative/LAC Jane Rogers,
ducation Debra K. Johnson,
nd Kevin A. Kernan,
Golf Jim Pates and Elizabeth Rudolph,
aryland Legislative Mitch Farrah,
Outreach David Jensen and Lenard Goldbaum, AMS, PCAM
embership Joe Inzerillo and Jarold Martin
Quorum Editorial Susan L. Truskey,
ESQ. and Nicole Williams, ESQ.
hapter Events Toni Partin,
nd June Chulkov
Virginia Legislative Ronda DeSplinter,
nd William A. Marr Jr.,
Editor Rickey E. Dana,
Design Support Services
Co-chairs Susan L. Truskey, ESQ. and Nicole Williams, ESQ.
Members Mira Brown,
CMCA, AMS, Chris Carlson, PE,
Deborah Carter,
CMCA, AMS, PCAM, Bruce Easmunt, ESQ.,
Michael Gartner,
., Laura Goguet, C
, A
Scott Greges,
CMCA, AMS, Shannon Junior, Ruth Katz, ESQ.,
Crishana Loritsch,
CMCA, AMS, PCAM, Thomas Mugavero, ESQ.,
Ed O’Connell,
ESQ., Kara Permisohn, Brandi Ruff, CMCA, AMS, PCAM,
Lauri Ryder,
CIC, CRM, CMCA, Kim Veirs, Aimee Winegar, CMCA,
AMS, PCAM, 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 Mary-
land, Virginia and the District of Columbia. Members include community as-
sociation homeowner volunteer leaders, professional managers, association
management companies, and other businesses and professionals who pro-
vide products and services to planned communities, cooperatives and con-
dominiums. WMCCAI has more than 3,000 members including 300+
businesses, 1,100 professional managers from 85 management companies,
and approximately 1,500 community association homeowners. WMCCAI is
the largest of Community Associations Institute’s 60 chapters worldwide.
Quorum is the award-winning premiere publication of WMCCAI, dedicated
to providing WMCCAI’s membership with information on community associ-
ation issues. Authors are responsible for developing the logic of their ex-
pressed opinions and for the authenticity of all presented facts in articles.
WMCCAI does not necessarily endorse or approve statements of fact or opin-
ion 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 profes-
sional advice and should not be relied on as such. If legal advice or other ex-
pert 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 2016 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 nonmem-
bers is $75 per year; contact or call (703) 750-3644.
To advertise in Quorum, contact Rickey E. Dana, editor, (703) 750-3644 or
For more information about Quorum or WMCCAI, visit
ust like that, a year has elapsed, and with that, my term as President
has come to an end. This will be my last President’s message, and I
wanted to acknowledge, with gratitude, a number of people whose
hard work led to another successful year for the Chapter.
hile serving as the President has been a great experience, it has
taught me that WMCCAIs heartbeat is its committees. These committees
are comprised of energetic and invested volunteers who create, design,
and execute the events, programs, scholarships, marketing, and periodi-
cals that WMCCAI offers every year. Heading up these committees are
the committee and council chairs. Many are first-time chairs, taking on
this responsibility at my request, and sometimes plea, with passion. I
wanted to recognize each of the chairs and offer my thanks for agreeing
to serve and doing so with excellence.
Committee Chairs
Conference & Expo William Cornelius and Jennifer Bennett
D.C. Legislative/LAC Jane Rogers
Education Debra Johnson and Kevin Kernan
Golf Jim Pates and Elizabeth Rudolph
Maryland Legislative Mitch Farrah
Outreach David Jensen and Lenard Goldbaum
Membership Joe Inzerillo and Jarold Martin
Quorum Editorial Susan Truskey and Nicole Williams
Chapter Events Toni Partin and June Chulkov
Virginia Legislative Ronda DeSplinter and William Marr, Jr.
Council Chairs
Communications Council Ruth Katz
Education Council Donald Plank
Member Services Council Orlando Ramirez
I would be remiss if I did not commend the performance of the Chap-
ter staff over this last year. These individuals’ commitment to excellence
continues to amaze me. They are the professionals behind the scenes
who ensure that Chapter functions and programs are executed. I have
enjoyed getting to know the Chapter staff on a personal level, and will
miss having the opportunity to work so closely with them. They have
made the Chapter better this year, and my term as President easier.
Looking forward, I am excited for what is to come for the Chapter, in-
cluding the roll out of the new Chapter website and the renovation of the
Chapter’s office. It has been my great pleasure to serve as President of
WMCCAI this past year, and with that comes the future.
from the president
By Jeremy M. Tucker, ESQ.
Jeremy Tucker is a community association lawyer and
shareholder with Lerch, Early & Brewer, Chartered. He
represents community associations and condominiums in
a wide range of matters, including general counsel and lit-
igation. After receiving his Bachelor of Arts from the Uni-
versity of Wisconsin-Madison, Tucker went on to
Cleveland’s Case Western Reserve University School of
Law where he earned his Juris Doctor. Jeremy is admitted
to practice in Maryland and the District of Columbia.
6 | Quorum
chapter news
Cardinal Management Group, Inc.
Article/Submisions Ads
Month Theme Due Due
December People of the Community Oct. 1 Oct. 17
January Securing Your 2017 Nov. 1 Nov. 17
February Our 40
Anniversary Dec. 1 Dec. 17
March Community Associations of the Year Jan. 1 Jan. 17
April Dirty Jobs Feb. 1 Feb. 17
May Summer Recreation March 1 March 17
June Covenants April 1 April 17
July Legislative Update May 1 May 17
August Annual Meeting Review June 1 June 17
*Themes subject to change.
Telephone: (800) 356-3294
Year Established or Incorporated: 1987
Areas you serve: Maryland, Northern Virginia & Southern
Since launching the company in 1987, Cardinal Manage-
ment Groups principals—brothers Thomas, Don, and
Patrick Mazzei—have remained steadfast in their commit-
ment to superior service and controlled growth. Now, over
two decades later, Cardinal Management Group is a right
sized organization wholly dedicated to serving your commu-
nity and property management needs, large and small. Our
unyielding focus
on service, our attention to detail, and our constant profes-
sionalism 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 ex-
clusive management certification program. This rigorous
corporate program emphasizes innovation, attention to de-
tail, and follow-up, as well as loyalty, accountability, and fi-
duciary 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 dis-
cover and refine new ways to serve your needs more effi-
ciently and effectively. This approach to continuous
improvement, our management philosophy of open access,
and our long-standing industry relationships impact every-
thing we do at Cardinal Management Group, Inc. They rep-
resent the foundation of our outstanding reputation and the
key to our continued success.
Our Mission:
8 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.
8 We will treat every client with dignity and respect and
each problem as if it were our own.
8 We will give our clients the luxury of coming home to a
community that is attractive and maintained at all times.
8 We will perform our duties with honesty and integrity and
ensure that our clients always have a positive experience
when contacting our organization.
8 We will “manage to make a difference” in the communi-
ties in which we work.
8 We will be the preeminent community management com-
pany where commitment to excellence and responsive-
ness are the guiding principles.
Serving Maryland, Northern Virginia & Southern Florida –
(800) 356-3294 | |
Welcome New Members
WMCCAI proudly welcomes the following members who joined the
hapter in September 2016.
Community Association Volunteer Leaders from the Following Associations
Barrington Pointe Condo Association
Fair Woods Homeowners Association
Fairfax Village VII
First River Farms Homeowners Association
Lake Manassas Residential Association
Loudoun Valley #2 Community Association
Oak Creek Club Home Owners Association
Occoquan Pointe Condo Association
Providence Park Homeowners Association
River View at Rolling Brook Homeowners Association
Roseberry Community Association, Inc.
The Oronoco Condominium
Individual Managers
Ruth Angell, CMCA, AMS, Tidewater Property Management, AAMC
Sheila Marie Curry, MD, CMCA, AMS, Tidewater
Property Management, AAMC
Andrea Bartrum-Riley, Legum & Norman, Inc., AAMC
Claudia Bender, Legum & Norman, Inc., AAMC
Brian Campbell, Potomac Valley Management Company, LLC
Tracy Conway, Tidewater Property Management, AAMC
Jalisa N. Dade, Cardinal Management Group, Inc., AAMC
Dania A. Elmaki, FirstService Residential, AAMC
Graciete Guerra, Associa-Community
Management Corporation, AAMC
Michael Hines, Zalco Realty, Inc., AAMC
Bethany Morales, Select Community Services
Shalayah A. Nesbitt
Kristen Pesnell, Landmarc Real Estate, AAMC
Rahul Risal
Michael Rivas, Landmarc Real Estate, AAMC
Gabriela Rodriguez, Stone Ridge Association, Inc.
Cynthia Savoca, Tidewater Property Management, AAMC
Jennifer Simms, Sequoia Management Company, Inc., AAMC
John D. Slowinski, Associa-Community
Management Corporation, AAMC
Beth Stein, Associa-Community
Management Corporation, AAMC
Tyler Stone, Legum & Norman, Inc., AAMC
Elke Taylor, Potomac Valley Management Company, LLC
Brandon Thomas, Stone Ridge Association, Inc.
Lakisha Williams
Business Partner
ReStl Designers, Inc.
NOVEMBER 2016 | 7
or more information on WMCCAI meetings or upcoming events, contact the chapter office at (703) 750-3644, e-mail or visit
8 |
upcoming events
Annual Awards Dinner
6:30 - 11 p.m.
Registration opens at 6:30 p.m.
Ritz Carlton Tysons Corner
We’re Puttin’ on the Ritz! Step back in time to the roaring 20s for a night of glitz and
glamour in honor of WMCCAI’s volunteers. Come as a flapper or come as you are a
gangster or a silent screen star! Itll be swell no matter the dress.
RSVP online at
Onsite Facility Management
12 - 3 p.m.
Registration opens at 11:30 a.m.
The Promenade
5225 Pooks Hill Road
Bethesda, MD 20814
Registration Fees
Member Nonmember
Homeowner $50 $60
Manager $60 $70
Business Partner $110 $135
This presentation will provide an
overview to Property Managers of the
many facility operations and activities
they need to be aware of in order to be
an effective manager at their property.
Register online at
M-340: Managing the Large
Scale Association
9 a.m. - 5 p.m.
Broadlands/Ashburn, VA
Registration Fees
Member $445
Nonmember $545
Learn how to protect your community and respond to emergencies. This course
shows you how to prepare for your community’s future by identifying insurance
risks and addressing critical issues.
Register through CAI, For more information, e-mail
M-206: Financial
8:30 - 5:30 p.m.
Northern Virginia
Registration Fees
Member $445
Nonmember $545
This course gives you the tools to understand and apply the principles of financial
management to your community association. You’ll learn the entire budget process,
from identifying line items to reconciling accounts to gaining board approval. Regis-
ter through CAI, For more information, e-mail caieduca-
Manager and Legal
12 p.m. - 3 p.m.
Registration opens at 11:30 a.m.
Maggiano’s Tysons Corner
2001 International Drive
McLean, VA 22102
Registration Fees
Member Nonmember
Homeowner $30 $40
Manager $35 $50
Business $85 $100
8 Do you want to bounce ideas off of an
experienced manager and attorney?
8 Get some valuable perspective and
useful information from the area's
top community association managers
and lawyers
8 Come learn, lunch and network with
industry professionals who want to
share their experiences with you.
Register online at
NOVEMBER 2016 | 9
10 | Quorum
people & places
in the News
DoodyCalls was recently featured in the Capital Gazette
out of Annapolis, MD. Check out the story here:
Katz Named One of
2016 Leading
Ruth Katz of Lerch, Early & Brewer, Chartered, has
been selected by The Daily Record to receive one of the
2016 Leading Women awards. This awards honor 50
women who are 40 years of age or younger for the ac-
complishments they have made so far in their careers.
You can read more here:
Horner Joins
Mary Charlotte Horner recently
joined MercerTrigiani as an asso-
ciate with the law firm. Horner
will advise community associa-
tions on contract matters, voting
and proxy issues, quorum and
meeting requirements, and pro-
vide litigation support on client
Tidewater Adds to
Executive Team
Michelle Mergner has joined the Executive Team at
Tidewater Property Management as the Director of the
DC Metro office. Michelle has been working in the real
estate industry for the past 14 years.
Congress Makes
Lending in
Market Easier
Truskey Joins
Whiteford, Taylor &
Susan L. Truskey recently joined
Whiteford, Taylor & Preston,
LLP, as an associate in the firm’s
Community Association group.
Susie’s practice is focused on rep-
resenting property owners associ-
ations and condominium unit
owners associations throughout
Virginia and Washington, DC.
On July 29, 2016, President Obama signed the Housing
Opportunity Through Modernization Act of 2016 (H.R.
3700), a law which relaxes some of the existing require-
ments previously imposed by the Federal Housing Ad-
ministration for condominium eligibility. The related
regulations are open for public comment and CAI is
providing commentary through its government affairs
department. The Quorum Editorial Committee will con-
tinue to monitor the status of the proposed regulations
and provide greater information in upcoming issues.
Town of Residence: Fairfax, VA
Education: Bucknell University (2001), George
Mason University School of Law (2004)
Family: Spouse: Kathy, Daughter: Vivienne (4)
and Son: Xavier (1)
Employer/Occupation: Attorney, Chadwick,
Washington, Moriarty, Elmore & Bunn, P.C.
Were you surprised you won an award?
What went through your mind? The
day/evening of the annual awards dinner was
a whirlwind for me. Having witnessed the
birth of my son only hours before the awards
announcement, it was surreal to be honored in
absentia as educator of the year.
Why do you feel it is important to be so ac-
tive in WMCCAI? WMCCAI provides an incredi-
ble opportunity for anyone involved in the
community association field to learn and en-
gage with other individuals with similar focus.
More importantly, I sincerely enjoy working
alongside the volunteers (and staff!) that
make our organization great. Their enthusi-
asm and positivity encourage me to be as ac-
tive as possible with WMCCAI.
What is the best advice you have ever re-
ceived? What is the best you have ever giv-
en? The best advice I ever received was that
“You have the power to create your own happi-
ness.” While we can’t control what the world
throws at us, every moment we have the pow-
er to choose how we react to those situations.
This concept has been a source of great posi-
tivity in my life.
What was the most recent spontaneous thing
you have done? How’d it turn out? This past
August I attended a three day music festival in
Watkins Glen, New York. The only band playing
for those three days was Phish. There were min-
imal opportunities for showering and 12+ solid
hours of jamming. The experience was glorious.
What advice would you give to new WMCCAI
members? To the new members of WMCCAI, I
strongly urge you to be as involved as possible
with the Chapter. I certainly understand that
we are all busy, but make time for events and
committee meetings. Over time, I have found
that the more active I am with the Chapter,
the more personally (and professionally) re-
warding the experience has become.
NOVEMBER 2016 | 11
volunteer spotlight
Why are active adult communities
allowed to discriminate based on age?
Put simply, these types of communities are statutorily ex-
empt from certain provisions of the Federal Fair Housing
Act (“Act”). The Act prohibits discrimination in housing
and real estate-related transactions based on race, color,
religion, sex, national origin, handicap and familial status
(in general, the presence of children under the age of 18 in
the household). The Act was amended in 1988 to exempt
“senior” housing from the prohibition against familial sta-
tus discrimination. In 1995, the Housing for Older Persons
Act further amended the “senior” exemption against fa-
milial status discrimination to permit the types of active
adult communities we see today, provided that they con-
tinue to meet certain age-specific requirements.
Industry questions and
answers you may, or
may not, know!
The answers provided in
this column are de-
signed for general infor-
mation only. The
information presented
should not be construed
to be formal legal ad-
vice, nor the formation of
a lawyer/client relation-
Have a question? Email
and we’ll do our best to
find an answer and get it
12 | Quorum
djusting to a new environment
brings a host of new challenges
and opportunities. As a career
counselor and assistant director for Ca-
reer Services, I am well aware of the
issues that come with adjusting to
a new job or internship. I am
constantly walking clients and
students through this new
period, soothing fears, and
supporting clients through
their first 30 days of em-
ployment. Like starting a
new job, joining a new
community can bring up a
lot of the same fears and
feelings of anxiety.
Let’s take a look at the
stages of change denial, ac-
ceptance, grief, acknowl-
edgement, adjusting and
looking forward. With adjusting
to a move, it is very likely that we
will go through these same stages
as we transition. When analyzing tran-
sitions, it is often believed that we go
through three stages as well, resisting/react-
ing, adjusting/exploring, and living well in the old
or the old new (Dr. Tamar Chansky). These stages often
intersect with each other, and don’t necessarily have to fall in
a specific order.
When thinking about the first stage of change denial it
may appear as resistance to accepting how this new move
will affect your relationships and daily routine.
Resistance/reacting is also the first stage in Chanskys stages
of transition model. How I often see it manifest in people
who are transitioning into a new job is a tendency to drag
their feet to pack up their office, not properly preparing for
their new role prior to starting, including figuring out how to
navigate their new route to work.
This is your chance to vision and
dream, and have a lasting impact on
your community.
into Your New
Your reaction to moving to a new community can appear
in similar and different ways. After the move, you may hit
the third stage of change – grief. Initially, you may mourn
the loss of the familiar, such as your former colleagues,
neighbors, or community. It’s common to experience unex-
plained moments of sadness for what is being lost. This is
perfectly normal and, in fact, you should embrace this time.
Generally when you are leaving a job where you have good
personal relationships, a lunch, happy hour, party is planned
in your honor, this practice can also be used when moving.
Spend time to honor your old living space and neighbors.
The first thing to accept when moving into your new
home/neighborhood is that there will be a learning curve
and it is expected. In addition to all that comes with the
physical move, you may also have to get used to new rules
and community policies, your new neighbors and their per-
sonalities, and adapting to your new surroundings in general.
This may be a big adjustment if you have never lived within
a community that had a homeowner’s association. You may
be feeling anxiety towards all of these changes, which is nor-
mal. Even though the change can be an exciting time, pay
attention to any tension that may be happening in your
body. Identifying the thoughts that led to your tension will
assist you in discovering the areas where you might be feel-
ing resistance.
Most of us have had to attend new hire orientations where
we sit with someone from Human Resources to learn about
the company policies and culture. This experience should be
recreated when moving into a new community. Schedule
time to meet with your community board members to get a
feel for the culture and policies in your new community. This
meeting will serve to help you adjust, but will also introduce
you to key members of the community. Find out from them
how you can be involved and see if they have a calendar of
upcoming events. Also, make sure to ask if there are any per-
tinent rules that you should know about such as trash pickup,
noise compliance, and rules regarding moving.
Getting involved with community association events
from the beginning will help you meet your new neighbors
and feel a part of the community. Just like when starting a
new job, you may have met with the team or your supervi-
sor during the interview process, but you have
yet to learn how everyone works together
and how they interact on a daily basis.
When I lived in a 10-story co-op, the
culture was for people to speak to
each other in the elevators, even if it
was a simple exchange of pleas-
antries, such as “have a good
evening when exiting. Former
neighbors of mine would complain
about new neighbors not speaking
to them and coming off as rude.
There is no way going into a new
situation that you will automatically
know the cultural norms for a
community. Commit to go into
the situation with an obser-
vant eye. Pay attention to
how people interact; in
By Jasmine Briggs
asmine is a career coach in New York City. Jasmine started
her career in the legal recruiting field, before moving on to
workforce development, assisting people with barriers such as
history of drug abuse or homelessness. She is also currently
assisting at a business school assisting college students with
finding a career path.
NOVEMBER 2016 | 13
who do not write them down. Also, try sharing your goals with
someone that you are close with - this also increases the chances
that you will accomplish them. (18 Facts)
n the beginning of your transition/change, you should focus
on learning, rather than comparing or initially trying to make
changes. Early in my career, I remember training a new co-worker
how to perform several functions of his new job. Before he even
learned the company’s current system and understanding the
rocedures, he was trying to change how things were done.
People can often find this annoying and off-putting. Take
some time to learn why certain rules or policies are in place
before making suggestions on how to change them. Peo-
ple who constantly talking about how their last neigh-
borhood or place of employmentdid it better can rub
people the wrong way.
Those individuals who keep an open mind when
transitioning into a new role, job, or community will
typically have a more positive and informed experi-
ence. When starting a new chapter in your life,
whether personally or professionally, it is important to
acknowledge and focus on the opportunities. Within all
periods of transition, you have the opportunity to learn
something new about yourself. When you leave a job,
you often walk away with new skills and perspectives on
how to deal with different situations; when leaving one
community for the next, these same principles will apply in
knowing how to deal with people, and the kind of neighbors
that best serve the community.
Under Chansky’s model, we reach the third stage of transition
– living well in the old and the new. This stage can be seen as
utilizing the knowledge gained from prior experience, be it from
your former neighborhood or job, and using it to improve your
new environment. Yes, it is important to learn the new culture of
your neighborhood, and to pay attention and gather information
before rushing to make suggestions, but you must also bring
your authentic self to your new area. This is your chance to vi-
sion and dream, and have a lasting impact on your community.
Set goals that inspire you to live and be that kind of community
participant. This can also be seen as the looking forward stage
on the change model.
Most importantly, when adjusting to any kind of transition,
whether it be a new job or moving into a new community, is that
you honor all of your emotions regarding that transition. Allowing
yourself the time and space to adjust will assist with a smooth
transition and help build a bond with your new community. Don’t
be afraid to ask questions and don’t shy away from the opportuni-
ty to form a new routine. Also be prepared for surprises; every-
thing may not turn out exactly as expected, but try and see this
time for all of its opportunities, such as the chance to meet new
people, learn new skills, and have a positive impact on the people
around you.
Chansky, Tamar, “Mastering Transitions: Trust that You’ll Adjust to the Changes in Your
Green, Alison,How to Adjust to a New Job
“18 Facts About Goals and Their Achievement”
an office setting you would have to learn whether team members
prefer communicating through emails, phone calls, or walking
over to someone’s office or cube. You will also have to adjust to
how people interact in your new community and it may be totally
different than what you are used to. As a native New Yorker, I had
to adjust to strangers saying good morning on the street. You may
to have to adjust to an overly friendly community or you may feel
as though your community is more standoffish than your last. Ei-
ther way, getting involved with community activities will allow
you to meet and interact with more people and the more relation-
ships you make, the more a part of the community you will feel.
That said, when meeting and interacting with new people, it is
important not to join cliques in the very beginning. You want to
stay open to meeting as many people as possible and not suc-
cumb to gossip. Every community, just like every office, has its
own politics, in the very beginning you don’t know enough to
take sides. Make an effort to get to know as many people as pos-
sible. By being an active part of your community you ensure that
your interests are being taken care of and help to shape your
This brings us to the second stage of transitionadjusting and
exploring. A great support for yourself is to set goals. Start simple
by setting a goal of meeting with your community board mem-
bers, any office staff, and your neighbors. From them you can
learn what the successes and challenges are within the communi-
ty. From this perspective you can see where you can assist. Make
sure to write your goals down, people are 50 percent more likely
to achieve their goals when they write them down versus people
14 |
Those individuals who keep
an open mind when
transitioning into a new role,
job, or community will
typically have a more positive
and informed experience.
NOVEMBER 2016 | 15
16 | Quorum
ontemplating the future is exciting,
but deciding on the future we want
and then making it happen – can
be a daunting prospect. Developing a
strategic plan to use as a roadmap to that
future became a top priority for Dominion
Valley as the community approached the
transition from a builder-managed (Toll
Brothers, Inc.) to an owner-managed Com-
munity in 2013. This article summarizes
the process used to create and implement
the plan.
The Planning Approach
The Dominion Valley Owners Association
(DVOA) Board of Directors established a
Strategic Planning Committee (SPC) to
document plans that will maintain the
community’s high standards and quality of
life, and create the desired future. Together
with DVOA operating committees and the
Board, the committee created a strategic
plan that helps the Board assess and priori-
tize the community’s needs and wishes for
future capabilities and services.
The operating committees remain re-
sponsible for implementation of programs
and plans within their respective areas, but
this interactive planning process helps en-
sure coordination of strategic issues that
cross committee lines, and aids the Board
in making sure that important items are
planned for over the long term.
The first strategic plan for the Dominion
Valley Owners Association was approved by
the DVOA Board in January 2014, and the
plan has been updated annually since then.
The Board of Directors has multiple
8 Ensuring the safe and effective operation
of community activities;
8 Keeping the Association financially
8 Providing equitable enforcement of rules
and covenants;
8 Maintaining the appearance of common
areas and preservation of natural spaces;
8 Protection of owners’ assets and the at-
tractiveness of the community to visitors
and potential future owners.
The strategic plan, developed at the re-
quest of the Board with input from home-
owners and committees, includes a Vision
statement, Goals, and supporting Objec-
tives. Action Plans are developed to accom-
plish the Objectives.
Getting Started the Initial Survey
To begin the process a survey was sent to
residents to gather input for the strategic
plan, and survey results were shared with
the committees and the Board. Although an
overwhelming majority of DV residents in-
dicated that their needs were being met,
many had suggestions on a variety of topics.
In addition to “one click” questions, the
survey included a number of open ques-
tions where residents could write in their
comments. There were a total of 772 indi-
vidual typed responses to those questions,
and each was categorized by the SPC and
sent to the operating committee having re-
sponsibility for that area.
The Board, SPC, and each of the other
committees reviewed the survey results, in
an effort to make sure the strategic plan
covers what the owners think is important
at Dominion Valley. Based on recurring
themes indicated in survey responses, and
By Stub Estey, Dominion Valley Owners Association Board Member
at Large, and Gary Clukey, Board President
Planning Strategically
Planning Strategically
NOVEMBER 2016 | 17
Progress Summaries and
Plan updates
The Strategic Plan is not meant to be a
tatic document kept on a shelf, but a tool
to help manage change. Evolving circum-
stances affect how and when objectives
can be accomplished, but by having a
written plan the Association can react to
hose changes and revise the steps needed
to work towards the Strategic Goals. In-
terim reports about objectives are provid-
ed to the Board through committee
meeting minutes or by participation in
Board meetings if needed. The SPC also
compiles for the Board periodic commit-
tee summaries of progress towards meet-
ing objectives included in the plan, and
updates the plan document annually with
modifications submitted by the Board and
DVOA’s Strategic Plan provides residents
and community leaders with a roadmap of
goals and measurable objectives that will
keep Dominion Valley one of the best
places to live in the USA. It was instrumen-
tal in our successful transition from a
builder to owner-managed community,
and a major contributing factor in Domin-
ion Valley receiving CAI’s Very Large
Community of the Year Award in 2015.
Our strategic plan helps focus resources
and planning efforts on areas that are most
important in implementing our vision, and
promotes good business decisions as we
review options and alternatives. Through-
out the year as status and progress is meas-
ured and discussed, and action plans
adjusted as necessary, the strategic plan
fosters increased planning and discussion
by our community leaders and residents.
Many times new ideas and areas are identi-
fied during planning discussions, and
added to the strategic plan. The strategic
plan also helps us stay proactive rather
than reactive, and objectives developed by
our Committees and the Board keep us fo-
cused on the tasks that will make the most
A strategic plan is a fundamental plan-
ning document that can greatly assist any
community or organization as they work
to achieve their vision for the future. If
your community doesn’t have a strategic
plan we strongly recommend that you de-
velop one. Note: A copy of the DVOA Strate-
gic Plan can be obtained by contacting the
DVOA Management Office at hoarep@
input from committees and Board mem-
bers, the SPC drafted a vision statement as
the starting point for the DVOA plan. The
ision has been refined over the past few
years, and now reads as follows:
The Dominion Valley Owners Association
strives to ensure that current and potential own-
ers view this community as a highly desirable
lace to live by providing an exceptional quality
of life in a friendly, attractive, safe, and finan-
cially strong community that has outstanding
amenities, special events, well-maintained com-
mon areas, strong property values, and beautiful
natural spaces.
Strategic Goals
A set of goals was then developed to help
the Association achieve and maintain the
1. Maintain effective and efficient access
control and safety within the community.
2. Ensure that activities and services meet
the needs and wants of DV owners cost-
effectively, consistent with the DVOA fi-
nancial situation and other priorities.
3. Maintain Association facilities and
grounds to balance owners’ satisfaction
with cost-effectiveness.
4. Covenants and their enforcement should
meet the needs of owners.
5. Support and encourage participation in
voluntary activities and committee mem-
6. Promote effective communications
among the leadership team, owners and
residents, and maintain positive percep-
tions of Dominion Valley by those out-
side the community.
7. Manage and safeguard all community fis-
cal resources for the long-term with in-
tegrity and transparency.
Objectives to Drive towards Goals
Each committee, along with the Board de-
velops specific time-bounded objectives
that are designed to meet the goals. Al-
though each committee may not have an
objective for every goal, all of the goals are
addressed in some way by the Board and
one or more committees.
Action Plans to Accomplish
After the plan is approved, DVOA commit-
tees put together action plans, with tactics
needed to achieve their objectives. The
necessary preliminary steps, along with es-
timates of the time those steps will take,
must be planned for each objective to make
sure it can be accomplished on schedule.
18 | Quorum
ve always been impressed with the in-
dividuals willing to volunteer their time
and energy to become a member of the
board of directors for a self-managed Com-
mon Interest Community (CIC) associa-
tion. They deserve special praise, indeed.
This article was written to assist thoseself-
managed volunteers” interested in bringing
some level of professional management
services to their community.
I frequently receive calls from frustrated
directors inquiring about transitioning their
community from self-management to pro-
fessional management. When I receive these
calls my first question is always, “what
prompted this change? The answers are al-
most always the same: a lack of volunteers, a
lack of expertise, and of course the most
popular - we’re really tired of playing the
role of “enforcer” when our neighbor vio-
lates a rule or an architectural guideline.
Lack of time, expertise, playing en-
forcer,” and lack of volunteers are all terrific
and valid reasons to convince your neigh-
bors that it’s time to generate a scope of
work and send out a Request for Proposal
with the purpose of engaging a professional
association management company for your
community. However, as you go through
this process, keep in mind that many of
your neighbors will expect you to accom-
plish this effort without increasing their
HOA assessment! When that happens, just
smile and ask them to join a committee.
First things first…prioritize the needs of
your community with the goal of creating a
scope of work.
1. Architectural Inspections and
2. Financial Management Services
3. Administrative and/or
Management Services
Most management companies offer three
basic management services which include:
Architectural Control and Inspection Serv-
ices, Financial Services, and Full Service
Management. For many self-managed
communities it makes sense to gradually
Making the
y Jim Foley,
Jim is the president and Partner of National Realty Partners, LLC (NRP), a company
ounded in 2005 with the goal of managing condominium, cooperative and homeowner
associations. His 30 year career in property management also includes hotel and apartment
community management in numerous locations throughout the mid-Atlantic region.
For many self-managed communities it makes sense to gradually increase their management services
over two or three years.
increase their management services over
two or three years. This approach will al-
low your board to incrementally increase
your assessments over an extended period
of time in order to cover the added expense
of professional management.
With the exception of creating and ad-
hering to a sound financial management
plan, Architectural Inspection Services are
arguably the most important factor regard-
ing maintaining and or enhancing home
values. In addition, with Architectural In-
spection Services you’ll get a tangible and
quite visible “bang for your buck” that your
fellow owners will actually see. This, of
course, will help to validate your decision
and justify the added operating expense for
your community. In my opinion, assuming
your financial and accounting systems are
in good shape, this is the best first step to-
wards obtaining professional management
The next logical step would be to con-
sider financial management services. The
NOVEMBER 2016 | 19
transition to financial management services will be discussed in
the next article in this series.
Identifying a management company:
1. Keep your RFP simple.
a. Describe your community (condo, townhome, or single
family), size (number of homes), amenities, location and any
special jurisdictional requirements (such as a master associa-
tion, public transportation program responsibilities, etc.).
b. Describe your community’s needs.
c. Require the proposal response to include references, certifi-
cate of insurance, state licensing information and employee
d. Take the time to meet the team. Tour the office and meet the
people that will be working on your account before you de-
cide which management company to hire.
e. Involve your attorney in the process.
2. If your community is small (less than 50 homes), you may ex-
perience some difficulty obtaining proposals. Most self-run asso-
ciations are small and therefore not sufficiently profitable for
some management companies to manage. However, there are
companies who specialize in small associations, ask your attor-
ney for guidance.
3. Keep in mind; the frequency of your board meetings is a cost
factor your management company will consider when submit-
ting a proposal.
4. Remember, while your association is a “not for profit” entity,
your management company is not. Ask questions and under-
stand all of the fees and “extra charges” that may be associated
with your management contract.
Finally, take the time to learn and understand the laws govern-
ing community association management within your state. In the
Commonwealth of Virginia, we are very fortunate to have certain
rules, regulations, insurance, and licensing requirements that help
protect community associations. You’ll want to inquire as to
whether or not the management companies being considered
comply with these requirements. For example, all management
companies based in Virginia are required to have their financial
statements reviewed or audited by an independent CPA annually;
they should be properly licensed and accredited as well.
Regardless of which course your board determines is best for
your community, it would be wise to consider the advice and
counsel of your attorney.
Note: This is the first of a series of articles covering various transition
scenarios involving self-managed Common Interest Communities (CIC).
20 | Quorum
have been in the business for many years, yet have never been the
first manager at any building. I have been the second in two cases -
when the developer turned the board of directors over to the mem-
bers of the association and then a couple of years after that - participated
in the total transition from developer to association. I’m not sure how
many of the readers of this magazine have thought about this type of
transition. It happens early in the game and behind the scenes. The de-
veloper may decide to take control and find a manager, but it is more
likely that a management company will, instead. This new hire is so im-
portant. If you think about it, the developer has spent years planning;
they selected and purchased the site, solicited investors, pulled together
the right team of architects, engineers and contractors, and then when
the building is almost complete, a stranger is hired to manage the associ-
ation - their baby.
According to developer John Segreti with Duball, LLC, “the manager
has to share the developer’s vision” so that there is not ‘a disconnect’
when the purchasers move-in and become residents. Duball develops
up-scale condominiums and apartments in the DC area and, per Segreti,
“the manager touches nearly every aspect of the residents’ experience at
the property.
For example, Duball envisioned Lionsgate, a luxury high-rise in
Bethesda, to resemble a New York boutique hotel, from the exterior of
the building and its Juliet balconies to the 24-hour concierge, valets avail-
able 16 hours per day, and engineers who not only maintain the com-
mon area equipment, but handle the residents’ maintenance requests as
well. The marketing materials and messaging highlighted this “full serv-
ice” lifestyle at Lionsgate in addition to all the physical amenities of the
property, such as the beautiful skyline from the rooftop terrace, the
swanky club room, and shiny fitness center.
Clearly, the first manager hired to take control of this association need-
ed experience with, and enthusiasm for, superior customer service and
quality amenities. The manager for this building needed to support the
developer’s vision and what the sales team promised. If possible, Duball
likes to have the initial manager sit in on some marketing and sales meet-
ings, which gives them another opportunity to communicate the vision.
If the sales team told the purchasers that they could move in any time,
the manager needed to do his or her best to make that happen. If rules
weren’t in place for renting the club room or the roof top, the manager
should put him or herself in the shoes of those who made the purchase
and are making the move from, in most cases, a single family home into a
high-rise. This is a huge change for most people and one that any experi-
enced manager should be able to sympathize. Introductions, welcomes
and creative communication should be used to reinforce to the new pur-
chasers that they made the right decision!
The developer has spent years planning; they selected and
purchased the site, solicited investors, pulled together the
right team of architects, engineers and contractors, and
then when the building is almost complete, a stranger is
hired to manage the association.
By Lee Ann Weir, CMCA, AMS
Lee Ann has been in the community association industry for the past 27
years. She is currently the General Manager of Lionsgate at Woodmont
Corner Condominium in Bethesda, MD. Lee Ann is active in Rockville
High’s After Prom Party and Booster Club, as well as president of the
Twinbrook Swimming Pool.
When & Where
Thursday, November 17, 2016
12-3 p.m.
Registration opens at 11:30 a.m.
The Promenade
5225 Pooks Hill Road
Bethesda, MD 20814
Visit to register.
Registration Fees
Before Regular
Nov. 10, 2016 Rate
Homeowner Member $40 $50
Homeowner Nonmember $50 $60
Manager Member $50 $60
Manager Nonmember $60 $70
Business Partner Member $100 $110
Business Partner Nonmember $125 $135
Parking is available onsite.
Who Should Attend? Managers
This presentation will provide an overview to Property Managers of the many
facility operations and activities they need to be aware of in order to be an effective
manager at their property. Topics to be covered include Energy Management
Programs, Basic Plant Equipment Operations and Maintenance, Air Handlers and
Building Exhaust Systems, and Heating Systems.
Learning Objectives:
8 Understand the basic components of the boiler room equipment.
8 Understand the importance of a good water treatment program - how it saves
millions of dollars.
8 Understand the importance and the components of a good Preventive
Maintenance Program.
8 Understand what Energy Management is and how it saves the property money.
Join Ted Ross from TRC Engineering and James Santos, CMCA, AMS, Vice President
Regional Director of Legum and Norman, Inc., AAMC, for an onsite experience,
lunch, and networking.
7600 Leesburg Pike, Suite 100 West
Falls Church, VA 22043
T: (703) 750-3644
F: (703) 941-1740
Credit Hours
This program is worth two continu-
ing education units.
Capitol Concierge, Inc.
South River Restoration, Inc.
Minkoff Company, Inc.
Mutual of Omaha Bank
Purofirst of Metropolitan Washington
TRC Engineering
NOVEMBER 2016 | 21
22 | Quorum
Resale Packages
Most management companies these days
charge a fee for each resale package. Save
yourself the headache of having to make
corrections and add the updated certificate
of insurance to your files as soon as it’s
Claims Reporting
Some agents will offer hands on service and
take notice of claim for you to file on your
behalf. Others will expect you to contact
the carrier directly to file a claim. Make sure
that you know how your agent expects
claims to be handled so that you can avoid
delays in adjusting. Update your insurance
contact files to the appropriate contact in-
formation needed for claims reporting.
Lender / Unit Owner Requests
for Certificates of Insurance
When an association changes insurance
carriers, their managers should expect an
elevated number of certificate requests.
This is normal, as most lenders require
ommunity managers with experi-
ence are, by now, familiar with the
process of bidding out insurance. I
will touch briefly on this process. But, does
the transition process end when the renew-
al paperwork is signed and the policies are
bound? Managers lead hectic lives. If you
want to make your life easier in the long
run, then the answer is a resounding no.
Obtaining Bids
Before bidding, most insurance carriers will
want to review at least four years of loss
history, completed and signed applications,
and possibly inspect the property. For con-
dominium associations, the inspection will
normally need to include the interior of at
least one representative unit. You should
expect requests for these items.
Once the policies are bound there are
some important pieces of information that
the manager can update in their systems.
Updating these items will not only make
the manager’s life easier, but will be helpful
to their colleagues as well.
Beyond the Bind
updated master policy certificates of in-
surance every year at renewal. Often
those requests are automatically sent to
the previous agent and are then redirect-
ed to the manager to be distributed as
needed. In addition, some agents are
charging a fee to provide certificates of
insurance. Make sure that you know
how your new agent is handling these
requests so that you can forward mes-
sages or advise requestors.
Advising Unit Owners
For condominium associations it’s a
good idea to advise your unit owners of
any changes in the master policy (includ-
ing changes in deductibles, carriers, cov-
erage), so that they may adjust their
personal policies if needed. Many man-
agers do so via the community newslet-
ter or on the association website. I
recommend that you include the contact
information for your agent in case own-
ers have any questions. If you need help
putting together formal wording, your
agent can help.
Arranging Payments
Make sure that accounts payable is ad-
vised regarding any change in insurance
companies. They may need to request a
W-9 and installment schedule before
they can start generating payment of
premium. In addition, many insurance
carriers automatically renew policies be-
fore expiration so invoices may be sent
out before the carrier notes a change. Ac-
counting can properly address these in-
voices if they are aware of the change.
The transition process does not have
to be difficult. A good agent will do
everything possible to make the process
simple. They can provide the informa-
tion needed for the updates I’ve men-
tioned. Updating your files now will save
you time and frustration later.
By Lauri Ryder, CIC, CRM, CMCA
Lauri works for Sahouri Insurance & Financial and has 10+ years of experience in the real
estate insurance industry specializing in Homeowners and Condominium Associations.
Prior to insurance, she worked in the community association management industry. Lauri
is a CMCA (Certified Manager of Community Associations), a CIC (Certified Insurance
Counselor), and a CRM (Certified Risk Manager).
NOVEMBER 2016 | 23
24 | Quorum
he governing documents of a typi-
cal homeowners association pro-
vide limited guidance on
dissolution. Generally, a single paragraph in
these often voluminous documents ad-
dresses the topic. Thus, what should a
homeowners association consider when
deciding whether or not to dissolve? Three
primary considerations are: (i) what is the
process for member notice and approval of
the dissolution; (ii) what happens to the as-
sets, if there are any; and (iii) whether any
outside approvals are required.
The dissolution process typically requires
notice to the members, written approval of
a specific percentage thereof, and the
preparation and filing of articles of dissolu-
tion. The notice often has to address dispo-
sition of the association’s assets. The
homeowners association will need to iden-
tify its assets and determine what will hap-
pen to them upon dissolution. An
association’s assets may include reserve
funds, signage, real property (common ar-
eas or out lots), recreational facilities, land-
scaping and hardscapes. If an association
owns and is responsible for maintaining nu-
merous assets, dissolution is an unlikely
choice because it will be difficult to identify
who will take over the assets.
The governing documents may instruct
to whom the association is to dedicate its
assets upon dissolution, and that the suc-
cessor continue the existing or similar pur-
pose for the asset following dissolution in
order to avoid disturbing the neighbor-
hood. The governing documents may sug-
gest dedicating the assets to a public or
quasi-public agency, though public agen-
cies may not want to be burdened with as-
sets that require a lot of maintenance or
create enforcement issues. For example,
homeowners association property backing
to improved neighborhood lots may create
government enforcement issues because of-
ten times those abutting homeowners ex-
pand their backyards by encroaching upon
the association property. When requested,
the agency (potentially a parks department)
will analyze acquisition of the association’s
real property on a case-by-case basis and
do what makes sense for the agency. Do
not be surprised if you encounter some
skepticism in this part of the process – not
many people give away ideal property.
If the agency refuses to take over the as-
set, the governing documents may identify
alternatives to which the association should
dedicate its assets, such as non-profits, an-
other association or trustees.
A different challenge arises if a public
agency has approval authority over dissolu-
tion of a homeowners association under its
governing documents. In these cases, it is
unlikely that the documents outline the
process for obtaining the agency’s approval
of the proposed dissolution.
In Montgomery County, Maryland,
homeowner’s association documents iden-
tify the local planning agency, the Mary-
land-National Capital Park and Planning
Commission, as the approving authority.
As with most agencies, identifying the ap-
propriate person who can assist you with
your request is crucial. That person may of-
ten be the attorney responsible for repre-
senting the specific agency.
At some point in the dissolution process,
appropriate documentation will need to be
drafted to transfer ownership and responsi-
bility of the assets. Thus, given all the as-
pects of dissolution that an association
must consider before embarking upon the
process, as well as the relative lack of identi-
fied process, it is best to first consult your
management agent or an attorney.
The opinions expressed and any legal posi-
tions asserted in the article are those of the au-
thor and do not necessarily reflect the opinions
of Miles & Stockbridge or its other lawyers.
By Casey L. Cirner, ESQ.
Casey is an associate with Miles & Stockbridge’s Rockville
office. She practices in the areas of land use, zoning, municipal
law, real estate, real estate litigation and appellate litigation.
Casey's clients are residential and commercial property
owners, developers and builders, whom she represents
through the various development processes.
What a Homeowners Association Should Consider
NOVEMBER 2016 | 25
Who Should Attend? Homeowners Managers
[]\ Do you want to bounce ideas off of an experienced manager
and attorney?
[]\ Get some valuable perspective and useful information from
the area's top community association managers and lawyers
[]\ Come learn, lunch and network with industry professionals
who want to share their experiences with you.
Lunch will be provided. Happy Hour to follow 3 - 5:30 p.m.
Manager and Legal
7600 Leesburg Pike, Suite 100 West
Falls Church, VA 22043
T: (703) 750-3644 F: (703) 941-1740
When & Where
Tuesday, December 6, 2016
12 p.m. – 3 p.m.
Registration opens at 11:30 a.m.
Maggiano’s Tysons Corner
2001 International Drive
McLean, VA 22102
Visit to register.
Credit Hours
This class is worth three (3) continuing
education units.
Six Sponsorships available. Please
contact Christine Domin, education
manager, at
Registration Fees
Homeowner Member $30
Homeowner Nonmember $40
Manager Member $35
Manager Nonmember $50
Business Partner Member $85
Business Partner Nonmember $100
26 | Quorum
ew construction condos and
HOAs are everywhere these days.
The transition from a developer to
an association can present a unique set of
challenges. Most governing documents
provide a framework for this transition. De-
pending on how quickly the units sell and
settle, you may be involved in a period in
which the developer retains control of the
association and possibly a period in which
the owners share
the control of the
association. But
eventually, the as-
sociation will have
to stand on its own
two feet and oper-
ate for itself.
Before the asso-
ciation signs on
the dotted line re-
leasing the devel-
oper and begins
operating on its
own, the board
needs to be sure
that they have all
the tools they need
to move forward.
Obviously, you
need the full gov-
erning documents
that are recorded in your jurisdiction. This
should include any corrective amendments
that may have been filed during the initial
operating period. You will also want to re-
quest the full as-built drawings, electronical-
ly if possible. Future additions, alterations,
and improvements will be facilitated by
having these on hand.
You will also need any agreements that
may have been entered into on behalf of the
association. Some of them should be record-
ed with your local jurisdiction and included
with the full recorded documents. These can
include easements - allowing others access
to the association’s property for one reason
or another. This would include ongoing
maintenance requirements, like a storm wa-
ter maintenance agreement which requires
that the association conduct periodic main-
tenance and submit documentation to the
local jurisdiction of the maintenance.
You also will need any contracts for
maintenance and repair of the common el-
ements. It should go without saying, but
you will also need to be sure that you
change the mailing address for the associa-
tion for everything. This includes with the
IRS, your local jurisdiction, as well as any
contractors that may have agreements with
the association.
The association will also want to have all
pertinent warranties for the common ele-
ments. What you may not know is that
those warranties need to be transferred into
the name of the association. You also need
to review the warranties and make sure you
understand the association’s obligations un-
der them. For example, many roof manu-
facturers now require proof of regular
annual maintenance in order for your war-
ranty to be valid. Transferring the war-
ranties may require inspections or paper-
work that may require the participation of
the developer, so you want to start that
process sooner rather than later.
In addition to the warranties, the associa-
tion should receive Operating and Mainte-
nance manuals for the common area
installations. These will include the ongoing
maintenance requirements for all the equip-
ment in the common areas and should be
shared with your
maintenance team. In
addition to those, you
should request a copy
of the in-unit war-
ranties and operations
manuals. Units change
hands and these items
get lost. Having a copy
of this information,
electronically if possi-
ble, will help your fu-
ture owners down the
line. You should also
request the common
area finish schedule
from the developer.
When the walls get
dinged, or someone
breaks a sconce on the
wall, having the manu-
facturer’s information
on hand will streamline the process of get-
ting repairs completed.
The relationship between the developer
and the association is never stronger than
right after initial purchases of the unit. In-
evitably, this relationship changes as the as-
sociation moves towards functioning on its
own. Most likely, the developer is moving
onto another project since the completion
of your association. While you are working
with the developer to govern the fledgling
association, be sure that you take the neces-
sary steps to ensure long term success for
your association.
From Declarant to Association
By Mike Sims
Transferring the warranties may require inspections
or paperwork that may require the participation of
the developer.
NOVEMBER 2016 | 27
28 | Quorum
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30 | Quorum
t seems like everyone these days is
swept up in the Pokémon Go phenom-
enon –family members, friends, work
colleagues, and celebrities. Pomon Go is
a downloadable mobile device game based
off the video game characters from the
1990s. Using location tracking on your
phone, the player can capture, fight and
train virtual cartoons called “Pokémons”
who appear on the screen of your phone as
if they existed in your real-world location.
One aspect of the game that warrants
special note are Pokéstops. These are
real-world locations that can be visited by
players during the game. The player can
visit a Pokéstop to collect items to further
assist players. Another aspect of the game
are “gyms.” Gyms are also real-world loca-
tions the player “enters” to either support
the players own team or battle other
teams virtually.
While the game was first touted as a way
to encourage children and families to spend
more time outside, it has since raised a num-
ber of concerns. There have been reports of
Pomons appearing in areas deemed un-
suitable for game playing, such as Arlington
Cemetery, the U.S. Holocaust Museum, and
the 9/11 Memorial in New York.
For community associations, the con-
cerns raised by Pokémon Go are uniquely
challenging. There have been complaints of
trespass onto private lots and common area
within community associations by game
players. Another concern is the designation
of lots or common area as Pokéstops and
gyms that players virtually and physically
In fact, these issues were raised in two
class action lawsuits filed by aggrieved
homeowners in California federal court.
One plaintiff alleged that the game has
caused players to trespass and gather out-
side his home, holding up their mobile
phones as if they were taking pictures and
individuals have knocked on his door, ask-
ing for access to his backyard in order to
The other plaintiff, who reside on a pri-
vate cul-de-sac across from a municipal
park, alleged that the game caused a signifi-
cant increase in the number of visitors to
the park “from an estimated 15 to 20 visi-
tors at any given time to at least several
hundred, most of whom were visible using
their mobile phones.
Both plaintiffs alleged that Niantic desig-
nated private property as Pokéstops and
gyms without seeking permission from
property owners and in disregard of the
foreseeable consequence that such entry
would be an invasion of the property own-
ers use and enjoyment of his or her home.
The issues raised in these lawsuits have
application to community associations. Acts
of trespass can occur on association-owned
or -controlled common area by non-resi-
dents who have no reason for being in the
community but for playing the Pokémon
Go game. Most governing documents have
By Leslie Brown, ESQ.
Leslie is counsel with the law firm Rees Broome PC. Her practice
focuses on the representation of community associations in
Virginia, West Virginia, and the District of Columbia. She is a
previous co-chair of the Quorum Editorial Committee.
NOVEMBER 2016 | 31
provisions that grant use rights to owners, their residents,
guests, invitees, of the common area for their enjoyment, such
as clubhouses, dog parks, swimming pools, etc. However, such
use rights do not necessarily extended to non-residents who
are not otherwise visitors.
So how should the association deal with claims of tres-
pass? The association may consider posting “no trespass”
signage on common area and notify the police in egregious
If association property is designated as a Pokéstop or a
gym, the association can seek to have such designation
turned off. While there is no directopt-out” provision, prop-
erty owners can visit the Niantic website and request removal
of the designation from the property. Associations should be
advised, however, that an automated form reply is generated
and there is no set timeframe by which Niantic processes the
In addition to trespass concerns, there are additional safety
concerns. There have been reports of increased traffic acci-
dents of drivers and pedestrians distracted by the game. Be-
cause the game requires the player to look at his or her
phone, the player may not be paying attention to the sur-
rounding environment. Such distractions can turn into per-
sonal injury claims on common area or on association-owned
streets. Associations should review the adequacy of insurance
liability coverage for such occurrences.
The association’s board of directors can attempt to use its
rule-making authority to prohibit the Pomon Go game on
the areas owned or controlled by the association. However,
before doing so, the association should consult with its legal
counsel to ascertain whether there is a basis in the governing
documents for the board restrict use of the common area in
this manner and the scope of the board’s authority. Even if
such authority exists, enforcement may prove difficult when
Pikachu takes a dip in your community swimming pool.
32 | Quorum
Espina Paving Inc.
15441 Farm Creek Drive
(703) 491-9101
Woodbridge, VA 2191
(703) 491-9100
Serving: MD, DC, VA
O’Leary Asphalt, Inc.
9629 Doctor Perry Road
(301) 948-0010
Ijamsville, MD 21754
(301) 874-8505
Thomas Schild Law Group, LLC
401 North Washington Street, Suite 500
(301) 251-1414
Rockville, Maryland 20850
Thomas C. Schild, CCAL
Alliance Association Bank
(703) 856-7463 Direct
(702) 818-8076
Tracy Burkhammer
Community Association Banking/CondoCerts
Mutual of Omaha Bank
Noni Roan
(301) 639-5503
National Cooperative Bank
2011 Crystal Drive, Suite 800
Arlington, VA 22202
(703) 302-1928
Don Plank, PCAM
ETC Engineering and Technical Consultants Inc.
Water intrusion, roofing, exteriors, windows, balconies,
property studies, structural & architectural services
(703) 450-6220
Mindy Maronic
Falcon Engineering, Architecture + Energy Consultants
7361 Calhoun Place, Suite 325
Rockville, MD 20855
(240) 328-1095
Stew Willis
Cascade Insurance Group
1100 N Glebe Road, Suite 1010
Arlington, VA 22201
(703) 551-2000
David Dodero
USI Insurance Services LLC
3190 Fairview Park #400
Falls Church, VA 22042
(703) 698–0788
Steve Dickerson, C
Theresa Melson, P
, C
Clean Advantage Corporation
4000 Penn Belt Place
(800) 315-3264
District Heights, MD 20747
(301) 595-3331
Associa-Community Management Corporation, AAMC
4840 Westfields Blvd., Suite 300
(703) 631-7200
Chantilly, VA 20151
(703) 631-9786
11300 Rockville Pike, Suite 907
(301) 692-1700
Rockville, MD 20852
(240) 221-0443
Nick Mazzarella, MBA, CMCA, PCAM, LSM
Barkan Management Company Inc.
8229 Boone Blvd., Suite 760
(703) 388-1005
Tysons Corner, VA 22182
(703) 388-1006
Michael Feltenberger, CMCA, AMS, PCAM
Capitol Management Corporation
12011 Lee-Jackson Highway, Suite 350
(703) 934-5200
Fairfax, VA 22033
(703) 934-8808
L. Peyton Harris Jr., CMCA, CPM
CFM Management Services, AAMC
Suite 100, 5250 Cherokee Ave.
(703) 941-0818
Alexandria, VA 22314
(703) 941-0816
Christiaan Melson, AMS, PCAM c
CAMP (Community Association Management Professionals)
1921 Gallows Rd., Suite 320
(703) 821-CAMP (2267)
Tysons Corner, VA 22182
Comsource Management, Inc. AAMC
3414 Morningwood Drive
Olney, Maryland 20832
Tony Martella, C
, A
, P
FirstService Residential DC Metro LLC, AAMC
11351 Random Hills Road, Suite 500
(703) 385-1133
Fairfax, VA 22020
(703) 591-5785
Daniel Bauman
KPA Management, AAMC
6402 Arlington Blvd., Suite 700
(703) 532-5005
Falls Church, VA 22042
(703) 532-5098
Offering personalized service
Ed Alrutz, CPM, CMCA, PCAM
Legum & Norman, Inc., AAMC
3130 Fairview Park Drive, Suite 200
(703) 600-6000
Falls Church, VA 22042 Direct: (703) 970-8811
John Rhodes
Select Community Services
4840 Westfields Blvd., Suite 160
(703) 631-2003
Chantilly, VA 20153
(703) 631-5380
John Tsitos, CMCA, AMS
Nick Mazzarella, MBA, CMCA, PCAM, LSM
Sentry Management
6395 Little River Turnpike
(703) 642-3246, ext. 203
Alexandria, VA 22312
(703) 891-2378
Dave Ciccarelli, AMS, PCAM
Sequoia Management Company Inc., AAMC
13998 Parkeast Circle
Chantilly, VA 20151-2283
(703) 803-9641
Craig Courtney, PCAM
Vista Management Co. Inc., AMO
1131 University Blvd. West, Suite 101
Silver Spring, MD 20902
(301) 649-2700
(301) 649-3560
L. Scott Wertlieb, ESQ.
Zalco Realty Inc., AAMC, AMO
8701 Georgia Ave., Ste. 300
Silver Spring, MD 20910
(301) 495-6600
Arthur Dubin,CMCA, PCAM, CPM
Z.J. Chelec, CPM
Directory and Classifieds
NOVEMBER 2016 | 33
Capital Painting Co.
5520 Oakwood Road
(703) 313-0013
Alexandria, VA 22310
(703) 922-1826
George Tsentas
NOVA Painting Company
22831 Silverbrook Center Drive #150
Sterling, VA 20166
(703) 401-2000
Painting/Drywall/Carpentry Serving DC/VA/MD
Ploutis Painting & Contracting Co., Inc.
(703) 360-0205
8365 Richmond Hwy
(703) 360-5439
Alexandria, VA 22309
Stella Ploutis
Reston Painting & Contracting
619 Carlisle Drive
(703) 904-1702
Herndon, VA 20170
(703) 904-0248
David Hamilton
PM+ (Specializing in Reserve Studies Since 1990)
A Veteran Owned Company
(703) 803-8436
Ben Ginnetti, PRA, RS, P.E.
TWC Services LLC Exterior Building Services
6700-M Springfield Center Drive
(703) 971-6016
Springfield, VA 22150
(703) 971-4161
Linda Walker
Windows Plus, LLC
14230 Sullyfield Circle, Suite F
Chantilly, VA 20151-1660
Kimberly Wayland
Alliance Association Bank .........................................................................................................22
Associa-Community Management Corporation, AAMC.................................................................17
Barkan Management Company, Inc...........................................................................................23
Capital Painting Co...................................................................................................................27
Clean Advantage Corporation ....................................................................................................11
Cowie & Mott. P.A.....................................................................................................................19
Falcon Engineering, Architecture & Energy Consulting ...................................................................2
FirstService Residential, AAMC..................................................................................................35
Inspectors of Elections..............................................................................................................15
Legum & Norman, Inc., AAMC..................................................................................................28
Mutual of Omaha Bank.............................................................................................................19
National Cooperative Bank........................................................................................................28
NOVA Painting Company ..........................................................................................................36
O'Leary Asphalt, Inc. ................................................................................................................27
Ploutis Painting & Contracting Co., Inc........................................................................................35
Reston Painting Company...........................................................................................................2
Sentry Management, Inc...........................................................................................................15
SIGMA Real Estate Services ......................................................................................................31
TWC Services, LLC ...................................................................................................................27
Windows Plus, LLC.....................................................................................................................4
Zalco Realty, Inc., AAMC ............................................................................................................7
34 | Quorum
Holiday Lighting Lighting, especially
bright and blinking lights, should not be al-
lowed, and certain off hours should also be
established so as to not disturb the sleeping
habits of others.
Blow-Up Decorations The association
should address blow-up decorations
specifically. These decorations are becom-
ing more popular and vary vastly in size.
The association should be specific about
size limitations and should also address
any times of the day when they should not
be inflated.
Common Area/Element Decorations
Sometimes an association will place holi-
day decorations on the common areas of
the association or on the common ele-
ments in a condominium. While not dis-
couraged, an association needs to be
conscious of a potential claim for a viola-
tion of the Fair Housing Act (FHA) and
other federal and state fair housing laws
when putting decorations on display.
Associations must not favor one reli-
gion over another, and they have an obli-
gation to be non-discriminatory and
uniform in the application and enforce-
ment of holiday decoration rules. There-
fore, signs that say “Happy Holidays
should be used instead of “Merry Christ-
mas.” Likewise, any imagery that is specif-
ic to a particular holiday or practice
should be avoided and instead should be
replaced with non-denominational im-
agery such as snowflakes or snowmen.
While an association is restricted from us-
ing religious-specific images, individual
homeowners should be allowed to dis-
play personal religious items in their
homes and on their property, consistent
with an associations holiday rules and
Bringing Order without Being a Scrooge
he holidays are not only a time for
families and communities, but are
also opportunities to decorate
one’s home. As the holidays approach,
homeowners enthusiastically place decora-
tions of all shapes, sizes and colors on dis-
play. While one homeowner may favor a
single holiday wreath, another may make
the power company extra happy with syn-
chronized light shows, music, mechanical
Santa’s, and an inflatable snowman. With
wide-ranging tastes and enthusiasm for dif-
ferent holiday decorations, boards of direc-
tors and property managers can avoid
conflict by planning ahead.
Holiday Decorations in
Community Associations
Many communities covenants contain lan-
guage prohibiting “any exterior change or
alteration of any nature without the written
approval of the Architectural Control
Committee.” However, treating every pro-
posed wreath or snowman like an applica-
tion for a fence is not only Grinch-like but
is also time-consuming and unnecessary for
a temporary holiday display.
By adopting guidelines that allow for and
regulate the short-term installation of holi-
day decorations, community associations
will be prepared. Some guidelines should
include the following:
Timetable for Decorations The guide-
lines should prescribe a reasonable time pe-
riod for the placement of decorations, both
shortly before and after the holiday, consis-
tent with reasonable and customary prac-
tices (generally, 30 days before the holiday
and no later than two weeks afterward). So,
Frosty the Snowman should be “wav[ing]
goodbye, sayinDon’t cry, I’ll be back again
someday’shortly after New Year’s.
By Daniel Costello, ESQ.
Daniel is a community associations attorney at Lerch, Early & Brewer,
Chartered, in Bethesda, MD. He represents community and homeowners
associations, condominiums, and co-operatives in Maryland and the
District of Columbia, providing general counsel and litigation services. He
is admitted to practice in Maryland and the District of Columbia.
An association needs to be
conscious of a potential claim for
a violation of the Fair Housing
Act and other federal and state
fair housing laws whe