community bulletin: april 2016
DESCRIPTION
Fair Housing Sustainable Landscaping Innovative Landscaping Ask A Busy Person - Pam Hill Community Spotlight - Brookwood Crossing CAVL Spotlight - Connie PlowmanTRANSCRIPT
A quarterly Dispatch by CAI OregonA quarterly Dispatch by CAI Oregon
COMMUNITY BULLETIN
Plus:• CAI Oregon Event Calendar• Around Town• Association Spotlight• Legal Eagles
COMMUNITY BULLETIN
Innovative Landscaping•New ways to Think About HOA Landscapes
Sustainability•Landscaping for the Future
Fair Housing•A Human Rights Perspective
Volume 1, Issue 3April 2016
SUSTAINABLE LANDSCAPING
t EDITORSara EanniMarketing Committee Chair
h TEAMJed Spera, Layout & DesignTysen Bodewig Jacqueline GoresEd Hamilton Matt MaherLaura McDermottNathanial PaloneSara Spera
i ADVERTISEInterested in advertising in Community Bulletin? Contact us at community [email protected]
w WEBSITEwww.caioregon.org
This publication attempts to provide
CAI’s membership with information on
community association issues. Authors
are responsible for developing the logic
of their expressed opinions and for the
authenticity of all represented facts in
articles. CAI Oregon nor CAI necessarily
endorse or approve statements of fact or
opinion made in these pages and assumes
no responsibility for those statements. All
articles and paid advertising represent the
opinions of authors and advertisers and
not necessarily the opinion of CAI Oregon
or Community Associations Institute. This
publication is issued with the understand-
ing that the publisher is not engaged
in rendering legal, accounting or other
professional services and the information
contained within should not be constituted
as a recommendation for any course of
action regarding financial, legal, account-
ing or other professional services by CAI,
the Oregon Chapter, or its authors or
advertisers. If legal advice or other expert
assistance is required, the services of a
competent professional should be sought.
EVENT
CALENDAR
page 22
page 7
Contents
CAI News .......................................................... 9
Educational Resources ..................................... 11
Around Town .................................................... 12
Ask & Answer ................................................... 14
Fair Housing - Topic Spotlight .......................... 16
Legal Eagles ..................................................... 24
Once In A Blue Moon ....................................... 29
“Innovative Landscaping” ................................ 30
Service Directory .............................................. 34
Ask a Busy Person ............................................ 40
CAVL Spotlight ................................................. 42
Association Spotlight ....................................... 43 3
President’s Message
I recently was speaking with one of the CAI National Board of Trustee members that remarked to me that he was surprised how active a Chapter we have in Oregon; I was both struck and
proud at the same time! We have such an amazing group of volunteers (and employees) that work very hard to create events and programs that meet our mission goals AND are fun and exciting events.
As we head into spring and summer, I encourage you to take advantage of the fantastic opportunities that CAI Oregon has to offer for community association volunteer leaders and the managers and business parnters that support them. I am so proud of our Chapter and what we accomplish; AND we continue to work, grow, and learn from our members (and have a lot of fun!).
Be good to each other and enjoy the warm weather!
Jed Spera2016 CAI Oregon Chapter Board President
i BOARD OF DIRECTORS
Jed SperaPresident
Sara EanniPresident-Elect
Angela ShinnVice-President
Kathleen ProfittSecretary
Andrea KlopfensteinTreasurer
Briana BuckCAVL Director
Brad FinsonManager Director
Jason GroszBusiness Partner Director
Connie PlowmanCAVL Director
Barb CaseyPast President
lLegislative
Action Committee
Denise BowerDeana Doney
Karna GustafsonDavid SchwindtCheryl Brendle
Richard ThompsonRichard Vial
Scott Barrie - Lobbyist
Jed SperaAwards Committee
Angela ShinnCAVL Taskforce
Angela ShinnCA Day Committee
kCentral Oregon
Regional Coucil
Stephen Herr | Council PresidentGreg Coxey| Past President
Terrie Harris | TreasurerTami MacLeod | Secretary
Kyle GrantEducation [email protected]
Barb CaseyEvents Committee
Sara EanniMarketing Committee
Mark SeigalMembership [email protected]
Barb CaseySponsorship Committee
Barb CaseyPersonnel [email protected]
Sara SperaWelcome [email protected]
v
COMMITTEES
HonestyTransparency & CommitmentThat’s Who We Are!
www.capartners.netPortland OR 503.546.3400
wcontact usLaura McDermottExecutive Director
CAI-Oregon503.635.0742
For Inquiries/Comments/Feedback for this magazine, please contact the Community Bulletin staff at
Notes from the Oregon Chapter Executive Director
Community Association Trade Show Day
Thanks for reading our 3rd quarterly edition of CAI Oregon’s Community Bulletin! As we head into May, our chapter is excited to host its 3rd annual Community Association Day and Trade Show. This event on May 14, 2016 is a must attend for all Managers and Homeowners. In addition to having a vendor show full of industry professionals available to answer all your HOA questions, CA Day will have six concurring educational sessions for attendees to participate. Our program topics include Reserve Studies, Association Insurance , Self Managed Boards, Collections, Fair Housing and Planning and Implementing Repairs. In addition to being CAI Oregon’s premiere event, our CA Day and Trade Show won a National award in 2015. You can learn anything and everything about the upcoming trade show at www.oregoncaday.org as well as register for this event. Your registration comes with two CAI National publications that you will receive at the event. Feel free to call the office at 503-635-0742 or send an email to [email protected] with any questions about CA Day or our local chapter. We look forward to seeing you there! *Managers Only* Your name will be entered into a raffle to win a weekend getaway trip to Skamania Lodge every time you invite a homeowner/board member and they attend CA Day. The more homeowners/board members you sign up the more your chances of winning improve! Please contact the Chapter for more information.
6
We continue our homeowner roundta-ble events. Another opportunity to learn with your fellow Board Members.
JUL8
Notes from the Oregon Chapter Executive Director UPCOMING EVENTSUPCOMING EVENTS
Join us for our 2016 CA Day & Trade Show for great education and netowrk-ing. More [email protected].
2016 CA Day & Trade Show
MAY14
PDX Luncheon
JUL15
MAY18
CORC - Breakfast
Networking River Cruise
PDX Luncheon
Join us for our annual member netowrking cruise on the Willamette Star.
Our monthly PDX Luncheon- Nuts and Bolts of Rules Enforcement
Our monthly PDX Luncheon - Generational communication.
Join us for this breakfast educational series to learn about choosing vendors and navigating contracts.
For more information about our events visit
the Event Calendar on our website at
www.caioregon.org
JUN10
PDX Luncheon
Our monthly PDX Luncheon- Breaking Up is Hard to Do: Vendor Relationships
AUG12
Please join us in welcoming our new members and thanking our renewing members for their continuing support.
Are you interested in becoming a member of CAI Oregon, or know of someone that should join? Go to www.caioregon.org/join-cai for more information.
New Faces at CAI Oregon
NEW MEMBERS
Community Association Volunteer Leaders
Individual MembershipsHarold GoldElizabeth Freeman, King City CondominiumsStephen Waddington, Meriwether CondoJulie Shattler, Ponderosa Pines Rich Thompson, Vista Hills Condominium
Tudor Gardens CondominiumTony Barbera Anne Marie PetersenLisa Seidman
Manager Members
Community Association PartnersAubrey Bellowes
Community Management, Inc.Haven Seagraves
CommunityRight, LLCSherry Zinda
PinnacleMichael Del gaiso
The Management GroupKymberly Alicia BakerMichelle UnderwoodCarmen Villarma
Home Owners Association ManagementJohann Canjura
Business Partner Members
Behr & Kilz Paints and PrimersJill Marlatt
HUB International NWJanine Wilson
Indigo ContractingMatthew Brubaker
PaydiciBoz Menzalji
PPG PaintsMichael McKernan
Schwabe, Williamson & Wyatt, PCTamara McLeod
Wave GWill Convoy
Zumar IndustriesDerek Behnke
Renewing Members
Community Association Volunteer Leaders
River Canyon EstatesRandall BradyVictoria KesslerChrin MorinKen Schmitz
The Quintet CondominiumBrigatta CarlsonThomas Cherry
The Gregory CondominiumsPatricia BellamahMicheal Feldman
Individual MembershipsDouglas CaudellBriana Buck, Arbor Crossing at QuatamaRandy Arthur, Lake Oswego CorporationMargaret York, Treehill Park HOA
Manager Members
Fieldstone ManagementTeresa Payne
Invest WestChris Barber
Resort ResourcesKaren Smith
Spectrum Real Estate AdvisorsMark Floistad
Sterling Community ManagementDoris Pascoe
Turner Northwest Community ManagementJohn Turner
Aperion Management GroupKatie Anderson
Ballas & Partners ManagementJulie Balestreri
Claremont Civic AssociationJ. Patrick Moore
Community Management, Inc.Denise BowerCheryl BrendleLisa CampbellBrad FinsonKeenan HallNancy LaVoieTom LaVoieJoel McDonellSteve MayerCarra Pewsey
Kappes Miller ManagementBen Weaver
Little Whale Cove HOAMichael Ryan
Northview Community ServicesDebra HahnCurt HeimullerGenevieve Herrera
Professional Property ManagementLelly Clairmont-Steele
Riverside Management Company, Inc. Skip Anderson
Superior Coommunity ManagementAngela Shinn
The Management GroupDominica CulerSandra Enbysk
The Management Trust - NorthwestStacy Bloos
Worldmark by WyndhamTinaka DifaniAmie Heslen
Business Partner Members
Rafel Law Group Anthony Rafel
Dennis Seven Dees LandscapingCraig Broberg
I&E ConstructionKarl Ivanov
Ihde CPARyan Ihde
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Community Management, Inc.Denise BowerCheryl BrendleLisa CampbellBrad FinsonKeenan HallNancy LaVoieTom LaVoieJoel McDonellSteve MayerCarra Pewsey
Kappes Miller ManagementBen Weaver
Little Whale Cove HOAMichael Ryan
Northview Community ServicesDebra HahnCurt HeimullerGenevieve Herrera
Professional Property ManagementLelly Clairmont-Steele
Riverside Management Company, Inc. Skip Anderson
Superior Coommunity ManagementAngela Shinn
The Management GroupDominica CulerSandra Enbysk
The Management Trust - NorthwestStacy Bloos
Worldmark by WyndhamTinaka DifaniAmie Heslen
Business Partner Members
Rafel Law Group Anthony Rafel
Dennis Seven Dees LandscapingCraig Broberg
I&E ConstructionKarl Ivanov
Ihde CPARyan Ihde
CAI Oregon NewsSpring has sprung...so let’s get moving!....
• As CA Day approaches, our Chapter is working to pull everything together for our biggest event of the year. If you haven’t registered already, you can at www.oregoncaday.org.
• Our local Chapter won two National awards for 2015. The Chapter won an award for our strategic Marketing plan for 2015 and another for our Sponsorship Package and rollout program. We will be at the CAI National conference from May 4th through the 6th to receive these exciting awards! If you would like to join us in Orlando, you can register for the
Annual conference on the CAI National website, www.caionline.org.
• As we head into summer we have some of our favorite fun events coming up! First is our summer cruise on July 15th on the Willamette Star. Board
the boat at 2:30 and cruises from 3-5pm. This is a must attend networking event. The second summer event is our
golf tournament on August 19th. Although most golf spots are sold out, there are still some sponsorships and dinner spots still available! Contact the Chapter for more information, www.caioregon.org.
Editor’s Message
We couldn’t be more excited to see how successful Community Bulletin has become in this short amount of time. CAI has also had several very successful networking and educational events thus far and we still have a majority of the year left. It is a great idea for associations to be proactive within their community and with the spring season right around the corner, why not start with the landscape.
In this edition we have several experts who discuss the problems that associations are up against with regards to their failing or unsustainable landscaping. Oregon is also known for being “green” and associations can also take part in that movement. We encourage board members, volunteers and unit owners that have any stories to share or questions to send them in to us. The purpose of this magazine is to be a common platform for associations in every community. There are great ideas that are shared such as the annual community garage sale at Brookwood Crossing in Hillsboro, OR. Not only is a fun event but it unites the community.
We appreciate all the support and are happy to have you as a reader of Community Bulletin.
With warmest thanks,
Sara Eanni Community Bulletin Editor
A PLACE FOR COMMUNITIES TO LEARN AND GROW TOGETHER
10
Experience the di�erence
An industry leader in HOA �nancial services for over 30 years.
Audits
Reviews Tax Research
Tax Returns
Reserve Studies & Maintenance Plans
CAI Oregon is dedicated to the education of homeowners and
managers.
Below is a small sampling of educational resources available to members.
Do you have an educational resource
that you’d like to share? Let us know
by e-mailing us at
New for 2016!All CAI Oregon Member Community Association Volunteer Leaders attend
our Portland Luncheons, Board Development Classes, and Roundtable
Events for FREE!! But you MUST be a MEMBER to take advantage of this exciting opportunity. Visit www.caioregon.org for more information!
11
?Educat iona l Resources
• CAI Oregon has a very active Legislative Action Committee that works to make sure that homeowner’s associations have a voice in the Oregon Legislature! Check out CAI Oregon’s webpage and visit the Legislative Action Committee (LAC) tab or icon to learn more abou the important work of this group!
• Community Volunteer Leaders! Did you know that CAI National publishes a monthly newsletter on issues facing homeowners association, as well as tips and tricks for Board and Committee members of community associations. Go to the CAI Oregon website and click on the Member Resources tab or icon, then click on “Minutes Newsletter Archive” to link to this important resource.
• Community Association Managers! Don’t miss out on the professional development courses coming to Oregon and other areas around the country. Go to the CAI Oregon webpage and click on “the Member Resources tab or icon, then click on “PMPD 2016 Course Catalog.” Don’t be a dunce and get to one of these classes ASAP!
Around Town
Executive Director Laura McDermott, Brad Schmautz, and Cole Hamilton are all smiles at the blackjack table at our March Charity Casino Night and Poker Tournament
Steve Russell of Landye, Bennett, BLumstein, and Tom LaVoie of CMI, speak at our February Luncheon on Marijuana restrictions in HOAs.
Our legal ppanel of exerts (Kevin Eike, Ryan Harris, and Angie Bagby) play “Legal Jeopardy” at our 2016 Kick-off Event. Past President of the Chapter, Jim Main, presents at our very
well attended homeowner roundtable event at Summerfield Civic Association in January.
Our poker tournament winner, Pam Richards, with 2016 Chapter President, Jed Spera.
The many players at our 2016 Charity Poker Tournmant at Cornelius Pass Roadhouse in March. We raised over $3,000 for charity and CAI Oregon.
14
ASK AnSw
er
Do you have a burn ing quest ion you wou ld l i k e Commun it y Bu l l e t i n to answer? Send us your most d i f f i c u l t HOA re lated quest ions and the Commun it y Bu l l e t i n staf f w i l l f i nd a loca l expert to answer .
Q: What is a dog owner’s responsibility at the condo? Who do I complain to if I see dogs behaving badly?
A: Condominiums that allow dogs often do so with a list of accompanying rules that is the responsibility of the Board of Directors to
enforce. It is common for associations to limit the number and/or size of allowed dogs so as to keep the peace within the association. Among the more common rules are that pets must be kept on leash at all times in the common areas, unit owners are responsible for cleaning up after their pets, and barking is to be kept to a minimum. As long as unit owners are responsible pet owners, dogs and condos often coexist quite comfortably. However, all it takes is one irresponsible owner who doesn’t follow the rules on pet ownership and many challenges can ensue. Dogs left unattended during the day while their owners are at work can bark uncontrollably for hours. Dog waste that is not properly disposed of creates a health hazard and a sanitary nightmare for many associations. Aggressive dogs that are not kept leashed can bite or intimidate other unit owners. All of these are problems that should be addressed by the Board of Directors in the form of warning letters, fines, and even eviction of dog owners who refuse to follow the rules. If your condo has a property
manager, the job of enforcement may also fall under the property manager’s job description. As a unit owner, you may report any rules violations you observe to the Board and/or the Property Manager. It is then their job to take enforcement action.
Q: Is there a way to know if condo special assessment fees are matters of public records? I am trying to narrow my search
for a new condo to 3 different condo buildings. I want to know if these 3 condos have assessments in addition to their monthly maintenance charges. If I went to town hall, would I be able to research these fees?
A: The answer is “yes and no”. I doubt your search of town hall records will reveal current special assessments. However,
such assessments must be revealed at the time of sale and should be part of the resale package and/or purchase and sale agreement. Simply asking the question of the seller should give you a straight answer about current special assessments. However, you still need to be aware as special assessments that are looming may not be revealed and the seller is not under any obligation to reveal what “might” happen a year or two (or even a month or two) down the road when the 15-year old roof needs replacing and there isn’t enough money in the Reserve Fund to cover the repair. Special assessments issued before you take possession of the unit are the responsibility of the current owner. Once you take possession of the unit, any special assessments levied are your responsibility.
Your best bet is to ask to see a copy of the current budget and a balance amount for the Reserve Fund. A healthy Reserve Fund is a generally good indicator that a special assessment isn’t likely any time soon. However, any condo association can find itself needing to raise cash for a variety of reasons and that cash only comes from one place – the unit owners. Either the money was collected and held in Reserve over time or unit owners will be asked to pony up when it is needed. One final consideration is that the association may even take out a HOA loan to pay for repairs. If so, those common fees that look enticing today may end up increasing substantially to cover the loan. payments. Ask the right questions and you’ll likely find the answers you are looking for.
HOA LAW
SO GOODITS ALMOST
ARTall aspects of governance and compliance
amendments to governing documents
development and enforcement of rules and regulations
assessments and collections
risk management and insurance
operating budgets and reservesoperating budgets and reserves
vendor contracts
resolution disputes with third parties
Ball Janik LLP provides comprehensive general counsel services to community associations in Oregon, Washington, and Utah including:
www.balljanik.comGENERAL COUNSEL / CONSTRUCTION DEFECT / INSURANCE RECOVERY
A Brief Interlude into Fair Housing (with Examples)
A perspective on Fair Housing for Homeowner’s Associations...
A Brief Interlude into Fair Housing (with Examples) Jed Spera
As this title suggests, this article may be a bit sporadic... In that vein, I am not an attorney, so
before you read any further, I need to make it really clear that THIS IS NOT LEGAL ADVICE and shouldn’t be used as such.
So now that I have cleared myself of liability, I want, rather ironically, to tell you the one thing you
should take away from this article…Fair Housing is not about covering your butt…it’s about equality. This article isn’t about best practices for Fair Housing…CAI Oregon has lots of opportunities for you to get that education. This article is intended to help you understand why your association needs to follow these rules and give you a different perspective of Fair Housing laws.
To understand Fair Housing, we’ll need to take a brief detour into psychology. In 1943, Psychologist
Abraham Maslow posited that there is a hierarchy of basic human needs that people fulfill. The most basic of needs in this theory was, of course, the physiological (i.e. food, water, sleep, etc.). Next on this hierarchy was Safety, which includes housing. To boil this down to its basics, Maslow believed that before any other needs could be met, such as social or esteem needs, basic needs would require attention, including the need of safe housing.
Housing is a basic need of all humans. Think of Fair Housing as an attempt to meet this
basic need of the citizenry. More important, it is helpful to remember this as you approach difficulties with Fair Housing law…remember that it is intended to ensure that all people
have access to safe housing.
There are a lot of protected classes, right? Just so we are on the same page, the list of federal and
state (Oregon) protected classes are:
● Race● Color● Religion● National Origin● Sex● Familial Status● Disability● Source of Income● Marital Status● Age● Sexual Orientation● Gender Identity
Additionally, certain municipalities in Oregon also recognize the following as protected classes:● Occupation/Source of Income
● Ethnicity● Ancestry● Domestic Partnership● Section 8 Voucher
That starts to get pretty lengthy. But these are not the limits of
possible protected classes. While the following are not protected in Oregon, many states are starting to recognize other classes that include:
● Conviction/Arrest Record
● Less Than Honorable Discharge
● Physical Appearance
● Political beliefs● Retaliation● Citizenship
Status● Gender Identity● Domestic Abuse Victims
That’s a whole lot of protected classes, right? In fact, you may
be hard-pressed to find someone that doesn’t fit into some sort of protected class…
But that’s the point isn’t it? The whole idea behind fair housing
is that everyone has an equal shot at access to housing. So as you are thinking about creating policies to protect your association against fair housing claims, your general rule of thumb should be whether you are ensuring that any person that lives in your community has equal access
to housing and the common elements that your community shares. In a broader sense, be sure that every action you take does not impact any particular group of people in any way.
As you are considering rules for community,
consider how any of the above classes might perceive that rule. For example, let’s say you have a pool in your community and you are adopting rules on what is acceptable pool clothing. You have consulted with your attorney and you are avoiding terms such as“diapers” and “yoga pants” and have decided to say, “Only swimwear should be worn when using the pool.” That’s fairly innocuous, right?
Well, actually, no, it’s not. For a minute,
imagine that I follow a religion that requires I wear a hijab. Hijabs are not swimwear, yet I need to
“Housing is a basic need of all humans.
Think of Fair Housing as an attempt to meet this basic need of the
citizenry.”
wear it when I am outdoors. Your rule, which you thought would not violate anyone’s equal access to the common elements, actually has an effect on this particular group of individuals. This is called disparate impact; a seemingly neutral rule that disproportionately impacts a particular group. So how could this have been worded? How about, “Only clothing that does not bleed in water”? Now you have created a rule that does not have a negative impact on any group and meets your community’s need.
As your community considers rules, always
start by asking yourself the question, “What is the purpose of the rule?” Often, communities try to create rules that only address the particular people breaking the rule, and not the actual need for the rule. For example, say a community just adopted a rule that states, “Children are not allowed on the grass.” Ignoring the terrible fair housing violations of that sentence, what is the purpose of this rule? Is it to stop children from playing on the grass? Is it to keep the grass clear? My guess is that the purpose is to protect the grass from damage. How about, “No rough play on the grass.” This addresses the need of the community, without disproportionately affecting any particular group of residents. Again, when considering rules for your community, address the actual need.
If the protected classes noted above confuse you in any
way, there are lots of resources that can help you understand them. Community Associations often find themselves in trouble because they didn’t understand what groups of people are actually protected.
Holidays can be a particularly tricky issue for some associations and it’s a question that comes
up again and again during the holiday season. In the context of viewing Fair Housing as a human right, how you allow your residents to display their
celebrations of faith makes for an interesting study.
Fair Housing actually provides some guidance in this area and it speaks to how religion is handled by
Fair Housing. In 1995, HUD issued a memo entitled “Guidance Regarding Advertisements Under §804(c) for the Fair Housing Act” which clarified the agency’s position on this topic (and several other related issues), and has not been altered or further defined since that time. Without boring you with the exact wording (go ahead and google the memo if you are interested), the long and short is that many of our holiday traditions have become secularized enough that their religious connotation is nominal. These include symbols and decorations such as Santa Claus, the Easter Bunny, and St. Valentines Day images, as well as menorah, Diwali candles and several other commonly referred to celebration images. Additionally, such phrases as ‘Merry Christmas’,
‘Happy Easter’, and ‘Happy Hanukkah’ carry the same secularized meaning. Regardless of whether you feel these have made the leap to secularized phrases or not, the point is that HUD says they are, so using them is not a Fair Housing violation.
That was just a little taste of concerns addressed by fair housing. AND, there is no easy answer
when it comes to fair housing, either. The best rule of thumb is to ask questions of your attorney, do research, and remember that the purpose of fair housing is to make sure that everyone has a right to feel safe and comfortable in their home and in their community. It is always good practice to govern your community from the perspective of meeting the basic human rights of your residents!
Jed Spera is not an expert at anything. He does a lot of research and thinks about things like fair housing when he has nothing else to do…he also happens to be the President of Merlo Station Townhomes in Beaverton, Oregon, and the 2016 CAI Oregon Chapter Board President.
www.nlswa.com
503.486.51541800 NW Cornelius Pass Rd.Hillsboro, OR 97124
22
When did sustainability become a “thing”? I
remember about ten years back, no one
was using that word. It was thought to be “hippy
granola talk”. Now it is part of our vernacular!
Landscaping is a broad topic, and how
sustainability is woven into it is very
tricky. Some aspects include decisions regarding
machinery, organic debris, fertilizers, chemicals,
design, plant materials, hardscapes, drainage,
irrigation systems, lighting, pruning, etc. So,
let’s focus in on what you can do rather quickly
to minimize chemical usage, save on water bills,
and introduce biodiversity into your landscape.
The easiest way to limit the use of chemicals
at your community actually has nothing to do
with chemicals! It is all about mulch (barkdust),
growing healthy plants, and having sensible
turf areas. A two inch mulch cover creates a
barrier to suppress weed growth, thus reducing
the need for chemicals to control their growth.
Many landscape specifications list two annual
applications of pre-emergent herbicides to all bed
areas. That means twice annually a company will
come through and apply chemicals to all of the
landscaped beds around your community. With a
good mulch layer, and a minimal spray program
focused on spot treating weeds, you can eliminate
one or both of those blanket chemical applications.
Turf is relatively easy to limit chemical usage
on as well. It is easy to grow grass in the
Pacific Northwest compared to other areas of
the country. By choosing appropriate areas for
grass (full sun, larger spaces, adequately watered)
you can eliminate the ability for weeds to grow.
By growing healthy turf, you can also eliminate
the use of insecticides. ***Warning – This may
make some of our competitors a bit angry.***
How many of you get a yearly bid for crane-fly
control? I am guessing many, because it often
shows up on RFP’s for communities. Of the 180+
communities that we manage, we performed three
partial cranefly control applications in 2015.
Many companies scare their clients into approving
unnecessary chemical applications because it is
good for the bottom line! A healthy stand of turf
can withstand most insect and disease pressures
without the use of insecticides or fungicides.
Water conservation! If your landscape
contractor is not saying those two words
to you, they are not doing their job! Due to the
Sustainable Landscaping
Dan Herzing
23
droughts in California, and throughout much of
America, conservation is becoming a huge priority
to municipalities, communities, and homeowners.
Irrigation controllers now have the ability to
regulate watering using satellite weather data. If
you have not heard the terms “Smart Clock” or
“ET Technology”, you are already behind
the curve. These newer clocks
can save 30% or more on water
bills. Even greater savings can
be realized when the person
programming the controller
is certified to manage these
great conservation tools. There
are other technologies, like
soil moisture sensors, and low
pressure sprinkler heads that
can also lead to money and water
savings for your community. Everything
in landscape is related, so limiting water
usage, and having a good mulch layer to retain
water will both suppress weed germination and
limit the need for chemicals, killing two birds
with one stone!
Every landscape can use updating. Even new
ones. Developers often choose the lowest cost
plant materials that grow fast, and soon outgrow
the areas in which they were planted.
Older communities often have plants
that have seen their full life
span, and tend to “date” the
community. When considering
renovation of an area, use
dwarf plant materials, or
plant varieties that do
not require a great deal
of labor to maintain. You may
invest more in the beginning,
but you will ultimately limit your
future maintenance costs. ***Warning
– This may make some of our competitors
a bit angry…..again*** One of my behind the
scenes missions as a landscaper is to help
communities transition their annual “color spots”
to a more sustainable planting that incorporates
the use of perennials that come back every year.
Why budget for, and plant, flowers that are
tossed away twice a year? How sustainable is
that!?! Winter pansies also require aggressive
fungicide programs to keep them looking
their best. There are other, more sustainable
options that you can implement to add interest
and diversity to your community landscape.
Incorporating edible plants like blueberries,
evergreen huckleberries, strawberries,
and some fruit trees, not only
introduces handsome shrubs
and groundcovers to the
landscape, but also allows
for the pleasurable activity
of harvesting the crop! That
can bring a community closer
together, and educate children
about growing their own food
in an urban setting. You can also
introduce pollinator gardens, bird
attracting plants, native plantings, and
bio-swales, to help add biodiversity that is lacking
from many landscapes.
The most important step in developing a
sustainable landscape now, and into the
future, is to partner with professionals who live
and breathe these ideals. You should be able
to trust their guidance in charting a path for
enhancing your community. Managing
community expectations, listening to
people that are passionate about
their environment, and continually
looking towards the future
are all low/no cost actions
to bring sustainable ideals
to your community!
Dan Herzing is the Operations Manager for Willamette Landscape Services, Inc., and is
responsible for the sustainable initiatives of the company, as well as the communities we manage.
He has been involved with multiple organizations to help raise sustainability awareness, including Oregon Tilth, Eco-
Biz, Irrigation Association, and EPA Water Sense Partners.
Our panel of legal experts is here to take on your most difficult (and
ambiguous) legal questions...
Q: How do I prohibit smoking marijuana in the common
areas of my condominium association? Is it different if I also want to prohibit smoking inside of units?
AB: Typically, the Board has authority to impose rules
to prohibit “nuisances” within the community. It is fairly common for people to recognize second hand tobacco smoke as a nuisance because of the proven health risks associated with that smoke and many communities already have resolutions prohibiting tobacco smoking in common areas. There is not the same evidence of carcinogens and health risks associated with marijuana smoke. Nevertheless,
many people find the odor of marijuana to be offensive and a nuisance. Marijuana smoke also may contain THC which does have some recognized impacts on health. Before determining that marijuana smoke is a “nuisance” and prohibiting it on all common areas, the Board should do some research and talk to owners to see what is best for the community. As with imposing any new restriction, getting community support is a critical first step.
Prohibiting smoking inside units is very different and would require the approval of a super majority of the owners. Rather than attempting to prohibit smoking inside units, it would be better to approach it by requiring owners
who smoke in their units to take measures to ensure that the smoke and odor stays inside their unit so it does not impact other residents.
JG: Associations can prohibit smoking marijuana on the
common elements (both general and limited common elements like decks and patios) by a resolution of the Board of Directors. All that takes is a carefully worded policy that is adopted by a majority of the Board of Directors in an open meeting. It is a more involved process to have a truly “smoke free” building where smoking is prohibited both on common elements as well as within units. It will take an amendment to either your Association Declaration or Bylaws to prohibit smoking within
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Legal Eagles
units. To amend your condominium declaration, it will typically take a vote of 75% of the voting interests in the Association. It’s important to note that the threshold is not 75% of the owners who cast a vote. A smoking ban will require 75% of everybody. In some cases, this can be accomplished by an amendment to your Association bylaws – in which case the voting threshold is 50% of everybody.
How do you determine whether an amendment is needed to your Declaration versus Bylaws? You’ll want to consult with a lawyer, but here is how to get a sneak peak: look for the substantive use restrictions in your documents. These are things like pet restrictions, restrictions on hanging laundry from balconies and nuisance restrictions. If these are in your Declaration, you’ll need to put the smoking restriction in your Declaration and it will typically require the higher voting threshold. If these are in your Bylaws, then you may, in some circumstances, be able to get away with using the lower threshold. It’s important to consult with a lawyer when preparing an amendment of this type.
It’s also important to take a straw poll of your owners to see whether you are even within striking distance of the 50-75% before you spend hundreds (or even thousands) of dollars on having the amendments and voting materials prepared. I always suggest that because I
have been in the unfortunate position with a handful of clients where the Board of Directors was absolutely convinced that they had the requisite votes to pass an amendment. They engaged me, spent money on having me prepare amendments and voting materials, attend meetings and advise them through the vote only to find out that the vote failed. A straw poll or survey monkey electronic poll is an excellent way to poll the community before you incur those costs.
Smoking is a really controversial issue in communities.
DW: Prohibiting smoking of anything in condominium
common areas can frequently be as simple as adopting a rule by board resolution. Obviously, each association should review its governing documents, particularly the Declaration and Bylaws, for any unique requirements concerning rulemaking procedures or reserved uses of common areas. However, for the majority of condominium associations (and
even non-condominium homeowner associations), the power of the association, acting through its board of directors, to regulate uses and behaviors in common areas is virtually sacrosanct. Assuming an association’s governing documents contains typical language governing the regulation of “nuisances,” simply adopting a rule by board resolution prohibiting smoking of marijuana in common areas, and distributing that rule to owners in advance of enforcement, is typically all that would be required to ban the activity.
The answer is not as clear-cut when it comes to banning
smoking of marijuana or anything else in units. Owners (either rightly or wrongly) think that they have absolute freedom when it comes to what they can do in their units. While this is not true in a legal sense, restrictions on smoking (marijuana or cigarettes) in units tend to engender challenges from owners, even if the restriction was in a declaration before the owner even purchased the unit. Association governing documents normally speak specifically to powers of the Board to regulate use of common areas, while the documents might not be as specific about regulating behavior in units. Thus, the lynchpin of regulating smoking in units tends to be restrictions in governing documents prohibiting activities that constitute nuisance, noxious or offensive activities. Each association can be different. For
Our Panelists
Angie Bagby | Bagby Law Firm | Portland, OR: Angie is the founding attorney at Bagby Law Firm LLC. Angie has been practicing law for over fifteen years with an emphasis on construction defect litigation and community association law. Prior to forming the Bagby Law Firm, Angie was a partner at Barker Martin, PS.
Jason Grosz | Vial Fotheringham | Lake Oswego, OR: Jason joined VF Law in 2003 and currently represents homeowner associations in various types of litigation including construction defect, land use, architectural review, and rules enforcement. Jason also provides counsel relating to HOA governance, document amendment, turnover, and development issues.
Dan Webert | Barker Martin | Portland, OR : In addition to his litigation focus, Dan serves as general counsel for community associations, often for former litigation clients who have come to rely on his advice. As general counsel, he advises regarding the interpretation, compliance, and amendment of governing documents; risk management and insurance; operating budgets and reserves; vendor selection and contract review; dispute resolution; collections; and, other general advice.
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Legal Eagles
some associations, a carefully drafted resolution adopting a non-smoking policy might be enforceable. And, that resolution might not ban smoking, but ban owners from allowing secondhand smoke to emanate into other units or common areas. For others, a board might need to examine amending the declaration to enact a prohibition.
Q: Our Board appears to be doing things against the
law. They are making decisions over email, failing to send notices out for the in-person meetings they are having, and the association is on the verge of a big project that has the potential to result in a substantial assessment. I am concerned they are mismanaging the project but when I ask I am told “this is a matter for our executive meetings”. What do I do as a concerned unit owner that is not on the board?
DW: Due to the ease of email use, and
the difficulty in coordinating schedules for in-person meetings, many community association boards fall into a habit of using email to make board decisions. Statutes require transparency in board decision making, which means boards are supposed to hold open meetings after notice to the owners. However, that does not mean that boards cannot use email for any purpose. Email is ideal for coordinating meetings and sharing initial information. But the discussions and most decisions should take place during open meetings. If you have concerns about whether decisions are being made outside of properly noticed meetings, I recommend you raise the issue with the community manager or one of your board
representatives. Particularly for self-managed associations, there may simply be a misunderstanding or lack of awareness about the need to have open meetings.
One thing to keep in mind is that the Oregon statutes, ORS 100.420 (for condominiums) and 94.640 (for planned communities), allow certain discussions to take place in executive session, outside of the presence of the owners, such as contract negotiations or legal issues. It is common and
entirely legal for large projects—including, for example, large repair projects that may result in a special assessment—to be negotiated in executive session. In such circumstances, your recourse as an owner may be limited to presenting your opinion at an owner’s forum, running for a board position or requesting a separate committee to consider the project. That may not be a perfectly satisfying answer for a concerned owner, but it does reflect that community association living is a representational democracy, where the elected board acts exclusively on behalf of the Association.
AB: The first step is finding other owners who share
your view. It can be difficult for one owner alone to make changes, but a group of owners together can exercise their legal rights to effect change in the Association’s operations. Owners have the power to demand that the Board call an Association meeting. Within the Association’s Bylaws, there is typically a provision specifying a certain percentage of owners who need to petition for
an association meeting. If there is no provision in your Bylaws, then the default under Oregon law is 30%. Once the required percentage of owners submits a petition to call a meeting, the Board is legally required to call the meeting and owners will have a forum to discuss these issues. If that approach is not effective, the owners also have the power to hold a vote to remove the directors and re-elect new directors.
JG: First of all there is no such thing as
an “executive meeting”. All meetings of the Board and Owners are required
to be open. There is a limited exception to the open meetings requirement called an “executive session”. An executive session is just a portion of a properly noticed, open meeting, where the board can meet in private (but isn’t allowed to make any decisions) and can discuss a handful of items such as personnel matters, contract negotiations, assessment collections and pending or threatened litigation. (see ORS 94. 640(8) or ORS 100.420). After adjourning into executive session, the Board must come out of executive session and make any decisions, by motion, in front of
26
the owners.
There are a number of checks and balances on a Board of Directors that has run amok. Those range in severity and cost from pulling a director aside to have a frank conversation about your concerns (informal, no cost) all the way to initiating a lawsuit against the Association to invalidate the objectionable decision (very costly to both sides, can take significant time, involves pesky lawyers).
One really powerful technique for a homeowner to utilize is what I refer to as “voting a director off the island”. Most governing documents have a provision that allows a homeowner or group of homeowners to circulate a petition to recall a director, group of directors or even the whole board. Often, this procedure will involve obtaining a specified percentage of signatures on a recall petition (frequently 30%). That will then compel the Secretary of the Association to put the recall of a particular director on the agenda for an upcoming meeting. The Director(s) who are subject to removal proceedings then have an “opportunity to be heard” at the recall meeting – essentially they get to state their case to the homeowners as to why they are fit to continue on the Board. Then the matter of whether that
Director ought to be recalled is referred out to a vote.
Recall meetings are very emotionally charged and can be hostile. I would consider having an experienced manager or even attorney run the meeting. I’ve run several. At a minimum, seek some legal advice before you circulate the petition, or if you are on the Board – when you receive the petition you ought to get some advice about following the correct procedures to give the homeowner their “full and fair”.
Finally – it’s important not to lose perspective. A homeowner’s association is a miniature democracy. The hardest thing to do as a director, but also the most important, is to respect the outcome of a vote when it doesn’t go your way. When Directors in the minority undermine the decisions of their fellow Board members in the majority, it can be toxic for an Association. You can have vigorous debate with your fellow board members, but once the vote is done and the decision is made – support your colleagues. I mention this because many of the recall efforts that I have been involved in could have been traced back to
exactly this issue.
Also, keep in mind that the key objective of a recall meeting isn’t just to remove the offending director. It is also to follow the Association procedures to a “T” so that the outcome of the recall effort is above procedural challenge. Nothing is worse than getting through a recall meeting just to spend the next six months or a year litigating issues arising out of whether the recall was handled properly…
Q: What can we do if we have a unit owner that
is a hoarder? To further that question, what about when it is with animals such as cats? Can we require them to remove or reduce the number of cats in a unit?
JG: Hoarding is a really difficult situation for an
Association. On the one hand,
the Board ought to approach all members with empathy and in a neighborly manner – especially a member that may be suffering from a mental health issue. On the other hand – the exterior “symptoms” of hoarding can constitute a nuisance to other homeowners – unpleasant sights, smells, occasionally noises, insect infestation and others. Since hoarding can be a mental health condition – one thing you can do is contact the local mental health department of the relevant municipality or county. About two years back – we had a CAI lunch on hoarding and we had a really fantastic presentation from the Multnomah County Mental Health and Addiction Services Department. They indicated that they will perform an on-site evaluation in certain situations to determine whether a person constitutes a danger to himself/herself of others. Other counties have similar departments.
Never underestimate the power of a neighborly resolution, or some contact with a family member or friend that cares about the resident. If there is a board member neighbor that has a good relationship with the homeowner, have them contact him/her about the hoarding issue. If there is a family member or caretaker, contact them to let them know about the situation and see if they will help the resident. It sets a bad precedent when the first communication the resident or the resident’s caretakers receive is from the Association’s attorney.
If you can’t get the resident to improve the condition in their unit and abate the violations, a letter from the attorney is the next step. If that doesn’t do it, a lawsuit for injunctive relief seeking to restrain the homeowner from violating the Associations rules or to affirmatively clean up his or her unit is the final step.
With regard to pets – some associations have a specific restriction that limits the number of pets in a unit. If your association has that substantive restriction, and a homeowner is known to keep pets in excess of that number, you would follow a similar process. Start with a neighborly discussion, then a letter from the manager. Next would be fines and ultimately a letter from the attorney. If that still doesn’t solve the issue, a lawsuit seeking injunctive relief would be the final step.
AB: Hoarding would probably fall under the category
of “nuisance” and are prohibited by more Association governing documents. However, Associations need to be cautious about this issue for a number a reasons, not the least of which is that inspection of interior units infringes on an owner’s privacy. Associations should only address these issues when there is a clear safety issue. If there is clear safety issue, oftentimes the hoarding is a symptom of a mental health issue so extra care is required for the safety of everyone involved. The Association could fine the violating owner and have the attorney write an enforcement letter, but that is rarely an effective approach. Most jurisdictions have local ordinances relating to animals, fire safety, and trash removal and have officials who will assist Associations with
enforcement. Those officials also have access to other services and can help owners get mental health services if needed. The best way to find the appropriate officials in your area is to search for code enforcement in your county.
The opinions above present general information only. It is not intended to be a source for legal advice and readers should not rely on this article for legal advice. The Oregon Chapter of CAI, CAI National, the panel attorneys or their law firms make no representation that the information in this article is reliable, accurate, or current. This article should not be used as a substitute for obtaining legal advice from an attorney who is qualified and informed about your specific legal issue.
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With the convenient location and availability of buildable
land, Gresham has historically been a top choice for builders. A Gresham townhome association CMI Teams with, built in 2004, was faced with construction defect issues in 2012. The 60 unit gated community was governed by a diverse Board with busy lives. As the Board worked to maintain the beauty and comfort of the association, they began to become divided over the looming issue of their possible construction defect litigation.
The defects in the siding and underlying building
cladding were extensive. The needed repairs were to ensure the 18 buildings would not be penetrated by Oregon’s punishing rainfall. While the developer wanted to take one course to rectify the water penetration, it was clear their suggested repairs
would not provide the needed long-term water prevention critical to the health of the relatively young community.
The Board and owners quickly divided into two camps. One
camp felt the developer simply needed time to do the “right thing” and make the repairs. The other camp wanted to file litigation for the construction defect sooner rather than later. With owners waiting to learn what the Board would decide, we knew, more important than the decision, the Board needed to provide a uniform, united front to owners. As the board weighed their options we encouraged them to make a decision and support the decision regardless of their possible dissent. Thankfully, they heeded our advice and were able to present a positive, unified decision to owners to pursue the initial steps of litigation, involving
an attorney early on in the process.
The decision was the first of many positive decisions and
events for the community. They were able to avoid full litigation and were able to settle via mediation and avoided many expenses. Not only did the Board keep their legal costs relatively low, but they were awarded a settlement which nearly covered the cost of the needed repairs to their beautiful community.
Bottom line, when counseling Boards, remind them they are
a team of leaders whose attitudes and words can be an agent of positive change, especially if presented as a united mind.
In the words of Ben Franklin “We must all hang together,
or we shall most assuredly hang separately.”
Tales of Terror From community associations...
The Tale of the Divided Board
in a blue moon
Once
Innovative Landscaping
Why its time to start thinking outside the irrigation box...
Innovative Landscaping
Innovative LandscapingCole Hamilton
“Sustainable development is the masterful balance of meeting our own needs without jeopardizing future generations’ ability to do the same” - Light of Mine
With the current rise in utility costs, many Associations are facing the same issue:
wasting water in poorly landscaped common areas. Nearly a decade ago, the cost of living was at a low and new Associations were built faster than potential owners could purchase them. Developers were focused on one thing, and that was building in bulk. Aside from sloppy construction and deferred maintenance problems, Associations are now facing an issue for which they did not properly budget: landscaping that was not only poorly installed, but also inefficient.
As the building boom peaked, most developers were focused solely on quantity
over quality. It was a build it fast, sell it faster, and move on to the next project mentality. In an attempt to make profits during a time when unemployment was at a high and mortgage rates were low, Associations were being thrown together with little capital and planning, which resulted in homes selling for bottom dollar. The market was hot and developers didn’t have the time to be concerned with items such as planting appropriate trees in the proper locations. They also didn’t have the time or budget to ensure irrigation systems were being installed correctly or efficiently. Many times, the plants in front of a home were bought in mass quantity for a lower price, which can often mean that those plants might not be the best or appropriate choice for that space. How would you like to be the homeowner with a plum tree
because they ran out of birch when the developer did their one stop landscape shopping? As a result of this mindset of the developers, many Associations that contain common areas now need to have those spaces redesigned. Trees are overgrowing their intended zones, often damaging nearby sidewalks, and in some cases perforating water or sewer lines. As a Board member, would you be prepared to replace all twelve of those trees to ensure uniformity? What should be done to save this landscaping fiasco before basic needs of your Association turn into larger non-budgeted expenses?
For homeowners, there is often much more going on beneath the surface than can actually be
seen. Many of the tumultuous issues going on around their home, aside from prospective poor landscape planning and irrigation installation, are damages that happen outside of the HOA or owner’s control. Nature can be one of the greatest uncontrollable threats. The state of Oregon recently faced its longest summer, then quickly retreated into a very cold winter, and has had far less rainfall than anticipated. December had record rainfall, but those rainy days came in spurts, and we’ve yet to see many days like that since. Time has led us to believe that nature is unpredictable. While we have seen record amounts of rainfall, these occurrences have been infrequent in comparison to past years. Experts are saying that we are likely to have yet another long, dry summer in 2016. To top that off, in the last year the cost of water increased an average of 8% per household; this was a significantly greater increase than seen over the two prior years. As industry insiders predict, there is no end in sight to these yearly water cost increases.
Is it safe to say that unforeseen acts of nature combined with the rising cost of water were not likely part
of the discussion during budgeting season? An Association under
33
our management spent nearly $30,000 more than budgeted on water last year. However, had the Association turned the irrigation system off according to the routine maintenance schedule, it would have resulted in serious damage to the grass covered parking strips. Inefficient irrigation installation can cause Associations to waste money on water consumption, often resulting in saturated green spaces, or dying plant life. Therefore, costs associated with maintaining these landscaped areas also increase. Upon further review, it was also discovered that, due to the dry weather conditions, a large number of trees were found to be dead or dying, and needed to be removed before posing serious risk to the surrounding homes and a potential liability claim to their insurance. The Association decided to remove all of the grass from the parking strips and replaced it with more economical alternatives, such as mulch, and other low maintenance groundcovers. That action allowed the Association to turn off the irrigation systems in those areas. The savings in water costs over the first quarter nearly covered the cost of replacing the grass.
It’s time to start thinking outside of
the box when it comes to Association landscaping. We need to think long term, and big picture. While the green spaces in your Association may look beautiful, is it really necessary and cost effective to have so much of it? Is
it cost effective to pay water bills in excess of $10,000 for green spaces that are now dying from being over or under watered? A Board may fear that they cannot turn irrigation systems off or down as that action may result in a negative change to the aesthetics which could also impact resale values. By not taking action, they are left with a hefty utility bill. Landscapers in our industry are working with Associations, like yours, to design new sustainable and efficient ways to keep your common areas looking beautiful, while requiring little to no water or maintenance. This type of landscaping is referred to as Architectural landscaping, which is a term more frequently heard throughout our industry. Where architects were once hired primarily to help redesign communities to prevent water intrusions and correct improper construction, they are now being hired to assist landscapers and Associations in developing sustainable landscaping design. Aside from the long term cost savings, think about the environmental footprint you are establishing for your community.
So what does it take to have your landscaping reviewed? It is not an easy process, as
it will take months of planning, and a significant monetary investment. An important piece to this process is developing a knowledge base surrounding the nuances of the landscaping specific to your Association. Much like an Association has a reserve study completed to determine the life expectancy and costs of maintenance your building envelope, a good starting point would be to meet with your landscaping maintenance contractors to develop a comprehensive long-term maintenance plan, including options for cost effective modifications and improvements over time. Create a committee or assign a project manager who can dedicate time to see this all the way through. This way, all parties involved will be in a stronger position to determine an affective course of action. Is that rhododendron the best plant to have in front of a home? Is grass really necessary between the driveways? Does your Association need to modify landscape components immediately, or can modifications be phased over time? Collaboration with industry experts will provide an education to better help you find the answers. With this education you can create a plan and a budget, and thus, you can create sustainability.
Cole Hamilton is a dedicated community manager and the director of marketing for Community Association Partners. In his spare time he is volunteering for multiple causes throughout Portland and spending time with his two daughters.
“While the green spaces in your
Association may look beautiful, is it really necessary and cost effective to have so
much of it?”
Accountants/Accounting Services
Ihde CPA14845 SW Murray Scholls Dr Ste 110Beaverton, OR 97007-9237Tel: (503) 475-6478www.ihdecpa.com
Schwindt & Co. Certified Public Accountants3407 SW Corbett AvePortland, OR 97239-4621Tel: (503) 227-1165www.schwindtco.com
Williamson & Associates, LLP4949 Meadows Rd Ste 375Lake Oswego, OR 97035-3162www.willamsoncpa.com
Attorneys/Legal Services
Anderson Ballard LLC1455 NW Irving StPortland OR 97209(503) 974-8555www.andersonballardlaw.com
Aldrich Eike, P.C.621 SW Morrison St Ste 1050Portland, OR 97205-3822Tel: (503) 226-7045www.aldrichlawoffice.com
Bagby Law Firm LLC10260 SW Greenburg Rd Ste 400Portland, OR 97223-5515Tel: (503) www.bagbylegal.com
Ball Janik, LLP101 SW Main St Ste 1100Portland, OR 97204-3219Tel: (503) 228-2525www.balljanik.com
Attorneys/Legal Services
Barker Martin, PS319 SW Washinton St Ste 420Portland OR 97204(206) 381-9806www.barkermartin.com
Dunn Carney Allen Higgens & Tongue LLP851 SW 6th Ave Ste 1500Portland, OR 97204-1352Tel: (503) 417-5373www.dunncarney.com
Elasser Law Office7327 SW Barnes Rd #117Portland, OR 97225-6119Tel: (503) 477-9116
Karnopp Petersen et al.1201 NW Wall St Ste 300Bend, OR 97701-1957Tel: (541) 382-3011www.karnopp.com
Landerholm P.S.805 Broadway St Ste 1000Vancouver, WA 98660-3343Tel: (360) 696-3312www.landerholm.com
Landye Bennett Blumstein, LLP1300 SW 5th Ave Ste 3500Portland, OR 97201-5641Tel: (503) 224-4100www.landye-bennett.com
Office of Gregory W. Byrne4248 Galewood St #3Lake Oswego, OR 97035-2405Tel: (503) 323-9100www.gbyrnelaw.com
Profitt Law PC10121 SE Sunnyside Rd., Ste 300Clackamas, OR 97015Tel: (503) 908-1229www.profittlaw.com
Attorneys/Legal Services
Rafel Law Group, PLLC600University St Ste 2520Seattle, WA 98101-3302Tel: (206) 838-2660www.rafellawgroup.com
Schwabe, Williamson & Wyatt, PC360 SW Bond St Suite 300Bend OR 97702 (541)749-4044www.schwabe.com
Stoel Rives, LLP900 SW 5th Ave, Ste 2600Portland, OR 97204-1235Tel: (503) 294-9215www.stoel.com
Vial Fotheringham, LLP17355 SW Boones Ferry Road, Suite ALake Oswego, OR 97035Tel: (503) 684-4111www.vf-law.com
Wyse Kadish LLP621 SW Morrison St Ste 1300Portland, OR 97205-3816Tel: (503) 517-8115www.wysekadish.com
Construction/Maintenance/ Repair Services
Charter Construction, Inc.3747 SE 8th AvePortland, OR 97202-3701Tel: (503) 546-2600www.chartercon.com
Gores Construction, Inc.PO Box 1519Clackamas, OR 97015-1519Tel: (503) 723-7500www.sgores.com
Service Directory
Service DirectoryConstruction/Maintenance/ Repair Services
GreenPointe Design &Construction, Inc.16313 Oak Tree TerraceOregon City, OR 97045Tel: (503) 756-2404www.greenpointedc.com
I & E Construction, Inc.9550 SE Clackamas RdClackamas, OR 97015-9074Tel: (503) 655-7933www.iandeconstruction.com
J.R. Johnson, Inc.9425 N Burrage AvePortland, OR 97217-6966Tel: (503) 240-3388www.jrjohnsoninc.com
Lifetime Exteriors6807 NE 79th Ct, Ste APortland OR 97218Tel: (503) 719-6644www.lifetime-exteriors.net
Pete Fowler9320 SW Barbur Blvd Ste 170Portland, OR 97219-5439Tel: (503) 246-3744www.petefowler.com
Summit Reconstruction818 SW 3rd Ave #145Portland, OR 97204-2405(503) 403-9270
Concrete
Safe Sidewalks, LLCPO Box 22174Milwalkie, OR 97269-2174Tel: (971) 275-0885www.safesidewalks.com
Building Scientists/Engineers/Architects
Energy Trust of Oregon620 SW 5th Ave, Suite 400Portland OR 97204-1419Tel: (503) 243-7377www.energytrust.org/multifamily
Forensic Building Consultants1200 NW Naito Pkwy Ste 100Portland, OR 97209-2831Tel: (503) 772-1114www.forensicbuilding.com
Hays Consulting, LLC1206 NE 75thPortland, OR 97213Tel: (503) 757-3286www.hays-consulting.com
J2 Building Consultants Inc.17 SW Gibbs StPortland, OR 97239-4660Tel: (503) [email protected]
Morrison Hershfield5100 SW Macadam Ave Ste 500Portland, OR 97239-3831Tel: (503) 595-9128www.morrisonhershfield.com
RDH Building Sciences2101 N 34th St Ste 150Seattle, WA 98103-9158Tel: (503) 243-6222www.rdhbe.com
Banks/Lending Institutions
Alliance Association Bank227 Bellevue Way NW #531Bellevue WA 98004(206)327-0496allianceassociationbank.com
Banks/Lending Institutions
Columbia Bank805 SW Broadway Ste 2700Portland, OR 97205-3366Tel: (503) 478-1700www.columbiabank.com
First Citizens Bank309 SW 6th Ave Ste 100Portland, OR 97204-1764Tel: (503) 276-6000+www.firstcitizens.com
Northwest Bank4900 Meadows Road, Suite 410Lake Oswego, OR 97035-3298Tel: (503) 906-3955
U.S. Bank Property Management – HOA Division10800 NE 8th St Ste 1000Bellevue, WA 98004-4464Tel: (866) 375-8615www.usbank.com
Garage/Gate
Metro Overhead Door2525 NE Columbia BlvdPortland, OR 97211Tel: (503) 595-4716www.metrogates.com
I N S U R A N C E
Service DirectoryInsurance/Risk Management
American Benefits, Inc.9755 SW Barnes Rd Ste 290Portland, OR 997225-6609Tel: (503) 292-1580www.abipdx.com
American Family Insurance - Larry Thompson Agency15573 Bangy Rd Ste 220Lake Oswego, OR 97035-3396Tel: (503) 924-2200www.larrytompsonagency.com
American Family Insurance - Michael Jenkins15630 Boones Ferry Road, Ste 5Lake Oswego, OR 97035Tel: (503) 699-2575www.amfamonline.com
Andrew Stearns Agency - American Family Insurance124 NW Franklin AveBend, OR 97701Tel: (541) 312-4444www.astearns.com
Fournier Group510 SW 5th Ave, Suite 701Portland OR 97204-2140Tell: (503) 251-2255
Insurance/Risk Management
Hub International Northwest16555 Boones Ferry Road Ste 200Lake Oswego OR 97035(971)224-1922hubinternational.com
Hays Companies5285 SE Meadows Rd Ste 451Lake Oswego, OR 97035-3166Tel: (503) 624-4751www.hayscompanies.com
Timothy Cline Insurance Agency, Inc.121 SW Salmon St. 11th floorPMB #1218Portland, OR 97204Tel: (503) 345-8005www.timothycline.com
Internet/Technology
Wave G2420 NE Sandy BlvdPortland OR 97232503.830.8158gowave.com/G
Landscpape Services
Dennis’ Seven Dees Landscaping7355 SE Johnson Creek BlvdPortland, OR 97206-9329Tel: (503) 777-7779www.dennis7dees.com
Landscape East & West, Inc.PO Box 430Clackamas, OR 97015-0430Tel: (503) 256-5302www.landscapeeast.com
Northwest Landscape Service19350 SW 89th Ave Ste BTel: (503) 486-5154www.nlswa.com
Landscpape Services
Pacific Landscape Management21555 NW Amberwood DrHillsboro OR 97124-6928Tel: (503) 648-3900
Showplace Landscape ServicesPO Box 746Wilsonville, OR 97070-0746Tel: (503) 682-6006www.showplacelandscape.net
Signature Landscape Care21375 NW Cherry LnHillsboro, OR 97124-6691Tel: (503) 673-0142www.landscapecare.com
Springtime Landscape & Irrigation, Inc.62990 PlateauBend, OR 97701-5874Tel: (541) 389-4794www.springtimeirrigation.com
TruGreen LandCare, LLC22901 NE Sandy BlvdFairview, OR 97024-9655Tel: (503) 867-7741www.landcare.com
ValleyScapes150 NE Hogan DrGresham, OR 97030-7910Tel: (503) 492-4736www.valleyscapes.com
Willamette Landscape Services18480 SW Pacific DrTualatin, OR 97062-8057Tel: (503) 625-9600www.willamettelandscape.c
Maintenance-General
Finmark Property Services, LLC8383 NE Sandy Blvd, Suite 208Portland OR 97220-4948Tel:(503) 704-8951www.finmarkps.com
Service DirectoryManagement Services & Software
Aperion Management Group20310 Empire Ave Ste A 103Bend, OR 97701-5723www.aperionpropertymgmt.com
Bluestone & Hockley9320 SE Barbur Blvd Ste 300Portland, OR 97219-5405Tel: (503) 222-3800www.bluestonehockley.com
BPM Management1800 SW 1st Ave Ste 180Portland, OR 97201-5362Tel: (503) 595-3041www.bpmcondos.com
Bridgetown Community Manage-ment7106 SW Terwilliger BlvdPortland, OR 97219-2255Tel: (971) 258-2826www.bridgetowncm.com
BuildingLink.com695 Pylant St NE Unit 231Atlanta, GA 30306-3728Tel: (212) 501-7117www.buildinglink.com
Cascadia Management, Inc.805 SW Industrial Way, Ste 9Bend, OR 97202Tel: (541) 617-3863www.cascadiamgmt.com
Commercial Property Management718 Black Oak Dr Unit AMedford, OR 97504-8580Tel: (541) 773-6400www.cpmrealestateservices.com
Management Services &
Software
Community Association Partners, LLCPO Box 2429Beaverton, OR 97075-2429Tel: (5063) 546-3400www.capartners.net
Community Management, Inc.2105 SE 9th AvePortland, OR 97214-4653Tel: (503) 233-0300www.communitymgt.com
Crystal Lake Property Management204 SE Miller AveBend, OR 97702-1304Tel: (541) 617-7006www.crystallakepm.com
Fieldstone Management, LLCPO Box 700Bend, OR 97709-0700Tel: (541) 385-7799www.fieldstonemanagement.com
HOA Management, Inc. 335 NE Lafayette AveBend, OR 97701 Tel: (541) 382-3033www.hoa-bend.com
Invest West Management12503 SE Mill Plain Blvd Ste 260Vancouver, WA 98684-4008Tel: (360) 245-5700www.investwestmgmt.com
Jenna’s Place CondominiumPO Box 25469Portland OR 97298Tel: (503) 292-4305
Management Services &
Software
Kappes Miller Management50 SW Pine StPortland, OR 97204-3535Tel: (503) 296-0428www.kappesmiller.com
The Management Trust - NorthwestPO Box 23099Tigard OR 97281Tel: (503) 718-5205www. managementtrust.com
Multi-Services, Inc.1500 NE Irving St Ste 414Portland, OR 97232-4208Tel: (503) 222-7073www.msipm.com
RealManage9601 Amberglen Blvd, Ste 150Austin, TX 78729Tel: (512) 219-5696www.realmanage.com
Resort Resources, Inc.516 SW 13th St Ste 201Bend, OR 97702-2688Tel: (541) 639-8094
Spectrum Real Estate Advisors, Inc.1125 SE Division St Ste 209Portland, OR 97202-2567Tel: (503) 235-5743www.sectrumrea.com
Sperlonga Data & AnalyticsPO Box 461987 Aurora, CO 80046Tel: (303) 720-2610www.sperlongadata.com
Service DirectoryManagement Services & Software
Sterling Community Management, Inc.PO Box 25469Portland, OR 97298-0469Tel: (503) 292-4305www.sterlingcmi.com
Superior Community ManagementPO Box 4585Tualatin, OR 97062Tel: (503) 684-1832www.superiorcommunity.com
Turner Northwest Community Management10725 SW Barbur Blvd Ste 350Portland, OR 97219-8681Tel: (503) 297-1014www.turnernorthwest.com
Woollard Ipsen Management, LLC132 W Main St Ste 201AMedford, OR 97501-2703www.woollardipsenmanage-mentllc.com
Metering Services
MeterNet145 E Fig St Ste CFallbrook, CA 92028-2872Tel: (800) 985-1179www.mkrhost.com
Painting/Paint Supply
Behr Paint and Kilz Primers11135 SW Novare PlaceTigard, OR 97223-3946Tel: (503) 332-5393www.behrpro.com
Painting/Paint Supply
CertaPro Painters, Ltd.1501 SE 121st AveVancouver, WA 98683-6244Tel: (360) 260-1460www.certapro.com
Indigo Contracting NW5331 SW Macadam Ave #258-104Portland OR 97239-6104(877)845-2870www.indigocontracting.com
Laurus Management, Inc. dba Cer-taPro of West Linn2050 Beavercreek Rd Ste 101-233Oregon City, OR 97045-4301Tel: (866) 537-1742www.certapro.com
Portland Painting and Restoration924 SE Stephens St.Portland, OR 97214-4648Tel: (503) 238-7003www.paintpdx.com
Certa Pro Painters1501 SE 121st AveVancouver, WA 98683(360)260-1460www.certapro.com
Verhaalen Painting, Inc.PO Box 910Oregon City, OR 97045-0910Tel: (503) 657-5570
Webfoot Painting Company20685 Brinson Blvd, Suite 4Bend, OR 97701-8741Tel: (541) 420-4140www.webfootpainting.comPlumbing
Reliant Plumbing & Mechanical11575 SW Pacific Hwy #219Portland, OR 97223-8671Tel: (503) 246-1201www.reliantplumbing.com
Pest Control
Alpha Ecological1200 NE 112th AveVancouver, WA 98684-4953Tel: (360) 885-4000www.alphaecological.com
Reserve Study/Services
Advanced Reserve Solutions, Inc.392 Fir Ave Ste 101Reedsport, OR 97467-4400Tel: (541) 271-1292www.arsinc.com
BRG Northwest, LLCPO Box 633Emmett, ID 83617-0633Tel: (208) 365-0977www.browningrg.com
Regenesis, Inc.PO Box 19605Portland, OR 97280-0605Tel: (503) 977-7974www.regenesis.com
Reserve Studies by Reserve Funding16869 65th Ave Ste 366Lake Oswego, OR 97035-7865Tel: (800) 301-3411www.hoareserves.com
Reserve Study Group, LLC701 5th Ave, Ste 4200Seattle, WA 98104Tel: (888)316-4587www.reservestudygroup.com
ReserveStudyupdate.com LLCPO Box 66778Portland, OR 97290-6778Tel: (503) 862-9349www.reservestudyupdate.com
Service DirectoryRestoration/Emergency
Mitigation Services
Alegis Restoration, Inc.6900 SW Atlanta St Ste BPortland, OR 97223-2514Tel: (503) 427-6065www.alegisconstruction.com
Har-Bro West10898 SW Tualatin Sherwood RdTualatin, OR 97062-7575Tel: (503) 863-0945www.harbro.com
LP Building Products19000 SW Mobile PlTualatin, OR 97062Tel: (503) 807-5141www.lpcorp.com
Kennedy Restoration315 SE 7th AvePortland, OR 97214-1233Tel: (503) 234-0509www.kennedyres.com
RWC Restoration, Inc. 5520 SW Macadam Ave, Suite 200Portland, OR 97239-3779Tel: (503) 477-7286www.rwcrestoration.com
Servepro547 N 4th AveCornelius, OR 97113-9140Tel: (503) 648-8513www.servpro.com
Roofing
Carlson Roofing Company, Inc. 550 SW Maple StHillsboro OR 97123Tel: (503) 846-1575www.carlsonroof.com
Roofing
Northwest Quality Roofing, LLCPO Box 2237Bend, OR 97709-2237Tel: (541) 647-1060www.nwqualityroofing.com
Safety Products
Zumar Industries12015 Steele St STacoma WA 98444(253)536-
Tree
Bartlett Tree Experts11814 SE Jennifer StClackamas, OR 97015-9012Tel: (503) 519-9001www.bartlett.com
Treecology, Inc.23506 S Bonney RdColton, OR 97017-8524Tel: (503) 804-7866www.treecology.com
Vendor Credentialing
Net Vendor, LLC7589 SW Mohawk St, Bldg NTualatin, OR 97062-9189Tel:(503) 922-1111www.netvendor.net
Window
Great Northern Window & Door20685 Brinson Blvd, Suite 3Bend OR 97701-8741Tel: (541) 382-9615www.greatnorthernwindowsand-door.com
iask a busy
personFrom the desk of a
COMMUNITY manager
• Why community management?
This crazy industry called Community Association Management has so many different aspects that challenge me, and that’s probably it in a nutshell! There really is something new every day, while also balancing the consistent and cyclical needs of a community. I love driving that schedule. I came into this industry with a background in accounting, maintenance, and real estate, so it totally suits me. I also really enjoy special projects and working with people. It’s rewarding for me to help find a solution to something that seems really difficult or impossible. I also enjoy the relationships I’ve built with vendors, and other professionals as well as our clients. There is nothing else quite like what we do. • What gets you up in the morning?
Thankfully I am blessed with a lot of energy and I’m naturally a morning person. That said though, I really think it’s my “task oriented” personality that often keeps me going. I do enjoy accomplishing things, making them better, and I was raised to work hard and play hard. I think it is super important to try new things, take challenges head on, be a good role model and serve others, and project positive energy to those around us.
• How do we find the balance in our unique role as a community manager?
Are we the leader, or just the contracted service hired to carry out the board’s to do list? I say we are both, and being professional and confident while maintaining a humble demeanor is key. In this industry, we have a unique relationship with our clients and there is an art to that balance. The reality is they can terminate us at any time. Understand that most of our clients are not professional CPAs, reserve analysts, engineers, etc… We are charged with educating them, so it is a balance between providing them the information they need to make their best decisions and accepting it when they don’t always follow our recommendations. A bigger challenge comes when they are making decisions that may cause liability for the management company or their community. These situations come up often when you are a Community Manager, and it takes finesse to navigate them. You know what I’m talking about. In our industry, we often hear the phrase “best practices”, and that can include a lot of grey area or ambiguity. When navigating these situations, we may be relying on our best judgement, common sense, and fairness. As the professionals, it is imperative to handle yourself with ethical behavior and character at all times…no matter what!
• What is the key to keeping long term clients?
I strongly believe that maintaining long term contracts with our clients is by valuing relationships. To perform our job, of course our managers have to have a good knowledge of maintenance, accounting, and strong organizational and communication skills. They need to know how to prioritize and multitask, but what I have found most essential is the relationship they build with our boards. Do they trust you? Do they count on you? Do they look to you for guidance as the leader? Those things are essential to the long term mutually beneficial relationship? Your ethics and professionalism are what earns you that trust. You can have the “book knowledge”, but if you don’t connect with your boards they will not have the same loyalty to you.
• What has been your biggest challenge and how did you overcome it?
Looking back, one of my biggest challenges was when I was new to the industry and I had an extremely difficult owner, and they were not even
40
Pam Hill Bluestone & Hockely
a board member. She would monopolize my time and disparage me on a daily basis. She would send vicious emails to the board and copy my boss, Cliff Hockley. The harder I worked to try and accommodate her, the more she found fault with me. She also monopolized the board’s time and made it impossible for me to manage them effectively so we gave them notice. Cliff Hockley attended the Annual Meeting with me and it ended up being a very tumultuous meeting, but ultimately they ended up asking us to stay. The “difficult owner” did not get elected to the board, and the board and owners all recognized that we were doing a good job for their community. I learned a big lesson in perseverance and integrity, and I have referred back to that situation many times. It was one of the toughest periods in my career as a community manager, but it taught me the most. We do grow through the tougher times in life and it definitely broadened my shoulders and equipped me with the ability to navigate these difficult situations with less stress and more confidence.
• What does it take to survive long term in this industry?
There are many things that should be added to this recipe, but I think aptitude, tenacity, and a strong reputation will serve you well when you choose this industry long term. Like with many careers, you have to learn to balance your stress, and accept when you have given it “your all”. This industry certainly is not for everyone and there is a high burn out rate. It’s imperative that you maintain a good reputation and working relationships with vendors, professionals and other management companies. Portland really is a “small sand box”, and this industry is so specialized that we rely heavily on referrals. This is one of the many reasons that CAI is so beneficial. I also think you have to love it and be inspired by it’s never ending challenges in order to maintain your quality of life
if you are going to stay in long term. It is more than just earning a paycheck. I have thoroughly enjoyed so many aspects about this industry, and the many professionals and clients that I have worked with. I think the people have been the biggest reason I have continued doing this for almost 15 years.
A Little More About Pam:
Pam was born in Tillamook, Oregon and moved to Salem when she was in the 4th grade. She has always loved sports and played volleyball, basketball and field events in track all through high school. Pam also played volleyball for two seasons at Clackamas Community College. Pam was married in 1987. Together, they owned a building maintenance company that contracted with small school districts in Clackamas County. They also owned a small general construction company, and in total had 35 employees. After working as Head of Maintenance at one of the school districts, Pam decided she wanted a change, and obtained her license as a real estate agent. Pam sold real estate in Gresham for a short period of time prior to becoming a mom. Pam has a lovely daughter. Pam also did full-charge accounting for a small company for 7 years prior to entering the industry of community association management. Pam has been at Bluestone & Hockley Real Estate Services since 2001, and she is a Vice President, and the Community Association Department Manager, as well as being in charge of the marketing and periodic special projects. What brings Pam the most joy in life is spending time with family and friends. Her interests are very broad, but a few of them include backpacking, traveling, dodgeball, hiking and several other outdoor activities.
Community Association Volunteer Leader Spotlight
The volunteers that serve on community association boards are amazing people. Join us in celebrating their stories!
Welcome to a unique HOA community – The Stables at Coyote Run. Nestled in the wine country, located outside of Newberg, Oregon, this new development has 16 single family homes. Each owner has 2 or 3 acre lots. Designed as an equestrian cowwmmunity, there is 1.2 miles of equestrian trail surrounding the development, ideal of riding. And ample room for dogs, cats, chickens, goats, sheep – and horses – to roam.
Meet Connie Plowman, HOA President, who seems to retire – un-retire – retire – un-retire. For 22 years, Connie worked for an international project management training and consulting firm and retired as their Chief Operating Officer. She is a certified Project Management Professional and teaches (part-time) project management classes for several education institutions.
Her project management skills and COO experiences have come in
handy to help organize their new, self-managed HOA.
“Our biggest challenge has been ‘we don’t know what we don’t know’, “ Connie said. Along the way, she is learning a lot. This is a first for her: living in an HOA, living in the country, having water come from a community well, having a septic system, following governing documents, living on a county road that is privately maintained by the HOA. Lots of firsts!
“At the turnover with our developer, I wished we had engaged a HOA management firm to help us through the transition. We didn’t know what questions to ask. We had not heard of CAI and the extensive resources available. As HOA President, I spent my first few months at the local library just trying to find out information.”For Connie, CAI has been a wealth of information and networking. The Stables Board of Directors uses CAI’s book “The Board Member Tool Kit” and have attended numerous seminars and workshops offered in the community on HOA topics. When needed, it engages a legal firm who specializes in HOA matters
to help the Board with necessary
documentation and other matters.
Connie was invited to a CA Day and jumped in with “both feet.” She immediately became a CAI Member, and a few months later, was elected to the CAI-Oregon Board of Directors. In February, Connie will be leading a Strategic Planning session with the CAI-Oregon Board and Committee Chairs as the organization plans its long-term goals in delivering member value and supporting its mission.
So much for retirement!
Association Spotlight
Brookwood Crossing Homeowners Association is a large mixed townhome and single-family associaiton with almost 400 units. Reaching turnover from the developer in 2010, the homeowners association went through a major construction defect challenge almost immediately after turnover. Facing the hardships that were associated with construction defect, the Board found itself looking for ways that it could bring together its community in a positive way to promote a sense of unity and emphasize the great aspects of the community, incluiding the large amount of green space, large family population, great location, and positive outlook. C o m m i t e d to looking for positive ways for its community to come together, the Board, with the help of its manager and a local event planning company that specializes in community events, M Events, the board had its first community yard sale in 2011. While this event was small in scale, it was well attended and showed the neighborhodd and its members that Brookwood crossing was a great place to live. In the four years that this event has happened, it has grown from a handful
of homeowners selling their goods in the townhome promenade, to a full fledged community event with over 70 homes participating, and included selling wares, entertainment including a clown and music, food, balloons, facepainter, and local area vendors. “This is one of my favorite events to
plan,” says Sara Spera, owner of M Events. “The community is great to work with. There is always lots of excitement about the event, and each year I look forward to seeing how it will grow.” “Most importantly, our annual yard sale is an opportunity for our members to remember how much fun it can be to spend a day with your neighbors, share experiences, and come together as a community. We really have a great time,” notes Josh Rice, the Brookwood Crossing HOA Board President and former Board
member of CAI Oregon. Interested in attending this year’s event? The Brookwood Community garage sale will be on July 16, 2016 at 8am. Brookwood is located in Hillsboro, Oregon, just across the street from Witch Hazel Elementary School. Interested in a community event? Contact M Events for more information at www.meventspdx.com.
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Brookwood Crossing Homeowners Associaiton; Hillsboro, Oregon
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