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3rd Quarter 2014Issue 3
Lifestyles
Safe Haven “Exteme Makeover”
inside back coverbefore
2 TENNESSEE COMMUNITY LIFESTYLES
2014 CAI Annual Sponsors
Brickman GroupCommunity Management Associates, Inc.
Echo Construction, LLC Fridrich Pinson & Rothberg InsuranceGreater Nashville Pool Management
Law Office of Hall & SitlerSummit Property Restoration
Westerly Construction
Associa Morris Property ManagementGhertner & Company
Langley & Taylor Pool CorporationRussell Landscape of Tennessee
Apex Ventures, Inc.BB&T Association ServicesCase Restoration Company
CertaPro PaintersLaw Office of Corbett & Crockett
Alvin Harris, Esq.OnSite Engineering
Paragon Management GroupReliable Roofing Construction & Repair Service
Roger Perry, P.C., CPASweetwater Pools
Timmons PropertiesWeiss & Weiss, Attorneys at Law
Association Capital Bank/Division of Texas Capital BankDMA
The Howarth GroupNorthwest Exterminating
Robins InsuranceSharp & Robbins Construction, LLC
Union Bank HOA ServicesWaller, Lansden Dortch & Davis, LLP
Platinum
Gold
Silver
Bronze
3RD QUARTER 2014 3
2014 OFFICERSTENNESSEE CHAPTER
OF CAIPRESIDENT
Henry Puckett, CMCA, AMSGhertner & Company
PRESIDENT-ELECTJohn Hensley, CMCA, AMS, ARM, PCAM
Associa [email protected]
VICE-PRESIDENTBruce Guthrie
Land [email protected]
SECRETARYMichael Hagewood, CMCA
FirstService [email protected]
TREASURERHal Kearns, RealtorApex Ventures, Inc.
BOARD MEMBERSSteve Baker, Attorney
Waller, Lansden, Dortch & Davis [email protected]
Andy GassTimmons Properties
Amy GrovesBrickman Group
Matthew Komisky, CMCA, AMSParagon Management Group
Russ LannomBelfor
Jim PrekrelTop Coat Pavement Maintenance
Jeff StockstonApexWorks
Scott Weiss, AttorneyWeiss & Weiss
Taylor WhiteLangley & Taylor Pool [email protected]
CHAPTER OFFICEFaye Ellis, CED, CPM
211 Donelson Pike, Suite 106Nashville, TN 37214
(615) 874-0031Fax (615) [email protected]
Community Lifestyles is published by the Tennessee Chapter of the Community Associations Institute.
Names and addresses of our members can change. If your contact name, address or phone number changes, please
go to [email protected] to update.
From the Presidentby Henry Puckett, CMCA, AMS, Ghertner & Company
It is hard to believe that the end of 2014 is fast approaching, with the annual CAI Trade Show on October 3 and the discus-
sion at the CAI-TN Board meeting of the upcoming CAI Holiday party set for Friday, December 5. Time has flown by and we will
soon be ushering in a new year. As we were preparing for the trade show, Faye Ellis, executive director for the Tennessee chapter, and I were talking about how long the chapter has been in existence. The next day Faye sent me an email showing where the chapter was formed on June 1, 1987, over 27 years ago. From its humble beginning to today with a chapter of 260 members and our monthly luncheon with an average of 100 members and guests attending each luncheon, what a true statement of success the chapter has seen and will continue to see well into the future. Our success could not be possible without the support and commitment of each member of our Chapter, past and present. I would like to welcome our newest Board member, Scott Eubanks, who was appointed by the Board as our homeowner member of the Board. I would also again thank each Board member for their support and commitment to the Chapter and stepping up without being asked to take an active role in the success of the Chapter for 2014. This is a truly amazing and successful team of Board members which I have had the honor to serve with. As we finish this year as an organization, let us not forget our charity, Safe Haven Family Shelter. Safe Haven provides homeless families with shelter and a path to get back on their feet as a family once again, after falling on hard times. As our organization is focused on the management of communities where families live, it is important to remember that there are families who have fallen on hard times and are in need of assistance in finding a home; we support those who ask for help in finding a home in a nice community to live in. Our Chapter’s support of Safe Haven helps to make this assistance to homeless families possible. l
Save the Date!
CAI-Tennessee 2014 Holiday Dinner
Friday, December 5Hillwood Country Club
4 TENNESSEE COMMUNITY LIFESTYLES
Serving Associations and Communities Since 1991
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W. LEE CORBETT, P.C.Attorney At LAw
Suite 1050 American Center3100 West End AvenueNashville, Tennessee 37203
Direct 615-385-2300Facsimile 615-383-5556E-Mail [email protected] www.corbettcrockett.com
3RD QUARTER 2014 5
2014 Committee Chairs annual sponsorships Scott Ghertner Ghertner & Company [email protected]
casino night Andy Gass Timmons Properties, Inc. [email protected]
charity Pat Walker Timmons Properties, Inc. [email protected]
educational Kathy Holbrook, Chair Timmons Properties, Inc. [email protected] Kathy Sutherland, Co-Chair Ghertner & Company [email protected]
finance Hal Kearns Apex Ventures [email protected]
golf tournament Jeff Stockton ApexWorks [email protected]
holiday dinner Pat Walker, Chair Timmons Properties, Inc. [email protected] Michael Hagewood, Co-Chair FirstService Residential [email protected]
legislative action Scott Ghertner Ghertner & Company [email protected]
membership Bruce Guthrie Land Corps [email protected]
publications Matthew Komisky Paragon Management [email protected]
social events Pat Walker Timmons Properties, Inc. [email protected] Michael Hagewood, Co-Chair FirstService Residential [email protected]
speaker series Andy Gass Timmons Properties [email protected]
What Happens Now?by Scott D. Weiss, Esq., Weiss & Weiss
Ahomeowner in one of your subdivisions refuses to pay assessments because he feels the HOA has failed
to properly maintain common areas. Does failure by the HOA to maintain common areas excuse homeowners from paying assessments? Why or why not? The actual or alleged failure of the HOA to maintain common areas is no defense to a homeowner’s refusal to pay assessments. The Master Deed and By-Laws and/or Declaration of Covenants, Conditions and Restrictions and By-Laws are simply contracts between the homeowner and the HOA. Acceptance of a deed (whether or not it shall be so stated in such deed) by the homeowner is what creates member-ship in the HOA, and thus the contractual obligation to be bound by the terms of the HOA governing documents. There are several types of contractual obligations rec-ognized under the law. The type of contractual obliga-tions which apply to HOAs and its members are called “Independent Covenants.” These types of contractual covenants must be performed by each party to the con-tract/governing documents, regardless of whether the other party fulfills its contractual covenants.
In other words, even if the HOA fails to comply with any or all of its obligations within the governing documents, the owner/HOA member must nevertheless continue to pay HOA assessments. Likewise, if one or all homeowners do not pay assessments, the HOA is contractually liable for maintaining common areas, among other obligations. Some (but not most) HOA governing documents address this Independent Covenant to pay assessments by including specific language such as “the obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it.”
A homeowner in one of your subdivisions has made an improvement to his property in violation of the govern-ing documents. You and the HOA attorney have mailed notice letters but the homeowner still refuses to comply. “What Happens Now?” l
6 TENNESSEE COMMUNITY LIFESTYLES
34 Years of Experience With HOAs and Condos
LET US HELP YOU ENHANCE AND MAINTAIN YOUR COMMUNITY
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(615) 383-1777Fax: (615) 383-2260
E-mail:[email protected]: www.timmonsprop.com
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GENERAL CONTRACTORSpecializing in Property Management Maintenance
Large Loss Restoration • New Construction
1205 4th Avenue N. • Nashville, TN 37208
615.750.2441
Law Office
M. Wesley Hall III
Eric W. Sitler
of counsel
Nathan C. LybargerThomas Patrick Wall III
Charlotte L. Rhodes
223 Madison Street • Suite 212 • Madison, TN 37115
615 .868 .4101 • Fax 615 .868 .3893
3RD QUARTER 2014 7
8 TENNESSEE COMMUNITY LIFESTYLES
Southeast’s Premiere Multi-family and Commercial Contracting Firm
Complete Rebuild and Emergency Services
FIRE • WATER • WIND • HAILREMODELING
Chattanooga 423.710.3747Nashville 615.873.4631
www.summitpr.net
3RD QUARTER 2014 9
Highlights from the Monthly Luncheons
10 TENNESSEE COMMUNITY LIFESTYLES
CONSTRUCTIONAND
REPAIR SERVICE, INC.
3RD QUARTER 2014 11
Move over “Extreme Home Makeover.” At Safe Haven, we had an “extreme courtyard make-
over”! The Brickman Group in Nashville celebrated their Founder’s Day with a community project for Safe Haven by creating a beautiful courtyard at Safe Haven. Brickman is a national full service landscape company that has been in business since 1939. Each year their local branches partner with a local organization to give back to their community in which they work. Amy Groves took the lead on the project. Groves, a CAI board member, learned about Safe Haven Family Shelter, CAI’s charity of the year, and discovered that it is the only shelter-to-housing program of its kind in Middle Tennessee that accepts the entire homeless family. After looking at several options for a project at Safe Haven, an unused area in the back of the building was chosen to be developed into a courtyard. “I knew if I took the proposed Safe Haven courtyard project back to my Brickman family for our annual Founder’s Day project, their hearts would be all in,” said Groves. “That is how the project was born.” The courtyard was designed by Brickman Local Branch Manager Kevin Hargrove. ”I wanted to create a space for Safe Haven that was not only relaxing but functional, said Hargrove. “We used natural stone, a water feature and plenty of secluded flowering shrubs to create a tranquil patio area.” The Brickman group donated a 20-person crew and spent more than 220 hours on the project over a day and a half. This kind of project would normally have taken a 3- to 4-person crew two weeks to complete. The in-kind dollar amount of this project is $25,000. “The best part of this project is that every vendor graciously donated to this project. Almost every piece of material was donated or significantly discounted. We could not have done this project without the dona-tions from our vendors. I am so blessed to not only work for a company that celebrates its birth (Founder’s Day) by giving back to the community, but to also have significant relationships with these vendors who gra-ciously gave to a project that meant so much to all of us,” said Groves. Safe Haven is truly thankful for this gift. It is a beau-tiful space that will be used and treasured by staff, vol-unteers and resident families enjoying quiet time out-side. It is a meditation garden that inspires tranquility and reflection. “Thanks to Brickman for this incredible gift of time, talent and resources,” said Safe Haven CEO Joyce Lavery. “An area of our property we thought was unusable has become an oasis for staff, volunteers, and families—a place to relax, meditate, enjoy the out-doors and even have small group meetings.” l
Safe Haven “Extreme Makeover”
Thank You To These Vendors Who Donated (or Significantly Discounted) Materials Used:
American FarmsArt Pancake’s Rent-All
Ewing IrrigationGervais Electric (also a CAI member)
John DeereJ&R Garden
J&R Stone CompanyPremier Growers
Riverbend NurseriesSamara Farms
Vulcan Materials
211 Donelson Pike, Suite 106Nashville, TN 37214
PRSRT STDU.S. Postage
PAIDNashville, TN
Permit No. 380
Fridrich, Pinson & Rothberg Insurance Agency3825 Bedford Avenue, Suite 203 | Nashville, TN 37215
phone 615-327-0105 | direct 615-277-1483 | fax 615-321-0880email: [email protected]
Thanks to the Tennessee Chapter of the Community Associations Institute for its patronage throughout the year.
Specializing in writing habitational risks including:Apartment Associations
Condominium AssociationsHomeowners Associations & Cooperatives
Office Condominium & Cooperatives
Jamie Rothbergof
Fridrich, Pinson & Rothberg Insurance Agency