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4th Quarter 2014Issue 4
Thank You To Our 2014 Platinum Sponsors!
Eric Henning
Fridrich, Pinson & RothbergI N S U R A N C E A G E N C Y
Jamie Rothberg
LAW OFFICEHALL & SITLER
Wes Hall
Amy Groves
Lifestyles
Mike Dillon
Shawn Ruiz
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
4TH 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 year is coming to an end. Over the years I have belonged to a number of trade associations in
my lifetime, and this is the most active and involved group I have ever had the opportunity and privilege to be a member of. From the luncheons with an average of 95 members and guests at each meeting to the overwhelming support for this year’s charity, Safe Haven Family Shelters, the support and atten-dance is still to me overwhelming. I would like to thank the Board and committee members who helped make this year such a success, and who without even being asked stepped up took the initiative and made it the successful year it has been. I would also like to thank all our annual sponsors, who without their support many of the projects and events the association has held this year would simply not be possible. I would also like to offer a special thanks to Sherry Jones and Faye Ellis, our executive administrative staff, who have handled the day-to-day operations which we all would be at a loss without. As we enter into 2015, Mr. John Hensley will take the lead as President of the Tennessee Chapter and is planning for another successful year as well. I am look-ing forward to another great year in 2015 under John’s leadership. Thank you all for a great 2014. l
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
4TH 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
A homeowner has made an improvement to his prop-erty in violation of the governing documents. The Association Manager and the HOA attorney have mailed notice letters but the homeowner still refuses to comply. What happens now? Most HOA governing documents include a provision requiring all owners to submit a written request to the board of directors or an Architectural Committee (“ARC”) appointed by the board of directors, to erect or install improvements to the exterior of their property, including a description, location and materials to be used for the improvement, prior to installation of the improvement. The purpose of this requirement is to ensure continuity with the common plan or scheme of the subdivision; to prevent the installation of improvements which will contrib-ute to a decrease in property values; to prevent potential conflict between neighbors; and to ensure the improve-ment does not encroach upon any of the common areas. Associations must strictly enforce these restrictions against owners who choose not to comply, but who instead install improvements without obtaining written approval from the board or ARC. Failure of a board to strictly enforce these restrictions will set a precedent for all owners and future owners to make improvements without written approval, which could lead to a subdivision which
looks more like a multicolored patchwork blanket than a manicured subdivision, and which could prove impossible to enforce in the future. Most HOA governing documents also provide remedies for violations of this type, and many Associations have adopted written notice and fine polices which outline how to address such violations. If the HOA and its attorney have complied with these remedies and policies and the owner refuses to comply, the only remaining remedy may be for the HOA attorney to file a petition for injunction seeking a court order requiring the owner to comply. If the owner continues to remain non-compliant even after the court-ordered injunction, the owner may be held in contempt of court and could be subject to steep fines and other remedies that the court may choose to impose until the owner brings his property into compliance with subdi-vision standards.
A community association is suffering increased expenses due to use, damage and liability of its swimming pool, playground and other amenities caused by non-association members. The association board is also getting com-plaints from homeowners demanding that something be done about the frequent abuses of parking restrictions and violations by tenants of homeowners. The board wants to know what can be done…“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
2200 Hillsboro Rd., Suite 200Nashville, TN 37212
(615) 383-1777Fax: (615) 383-2260
E-mail:[email protected]: www.timmonsprop.com
ROOFING • GUTTERS • FENCINGFLOORING • PRESSURE WASHING
PAINTING • DRYWALL REPAIRCLUBHOUSE RENOVATION
CONCRETE AND BLOCK WALLSBRICK REPAIR
GRANITE • TOTAL REMODELS
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
4TH QUARTER 2014 7
Holiday Dinner
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
4TH QUARTER 2014 9
2014 Trade Show
10 TENNESSEE COMMUNITY LIFESTYLES
CONSTRUCTIONAND
REPAIR SERVICE, INC.
4TH QUARTER 2014 11
October Luncheon
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