Severe Weather Alert





As winter weather is again approaching with sub-freezing temperatures predicted for much of December, we wanted to advise you of some precautions to take to prevent pipes from bursting and other potential hazards.

Ghertner & Company’s Homeowner Service Center is available to help you should you need assistance during office hours of Monday-Friday from 8:00 am until 4:30 pm, and can be reached at 615-277-0358. Our 24 hour emergency number is 615-255-4736.

If you live in a condominium or town-home community, know who your neighbors are that live next door, and above or below you.  Share your contact information with them and ask for their contact information in case of an emergency due to a busted water line, etc.  Also, check your unit’s insurance policy, so you know what is covered, and the amount of any deductibles.  Your association’s policy also has a deductible, and you may be responsible for anything below that amount.

If your Association has parking areas, roads, or common walking areas salted, be aware that when the temperature reaches a certain point salting does not work.  Please take precautions if you are walking around the community. 

Below are several helpful suggestions to help you prepare for dangerously cold weather:

Keep your pipes from freezing
Take precautions now to ensure your home is ready for the extreme cold temperatures.   When the mercury dips well below freezing, pipes can freeze under your home.
Ø  Make sure all your foundation vents are closed, so cold air is not getting in.
Ø  Make sure your crawl space door is closed and sealed properly. The main thing is keeping the wind out from under your house.
Ø  In order to keep your water pipes from freezing, allow a steady drip of water from an interior sink to drip while the outside temperature is sub-freezing approaching zero degrees.
Ø  Unhook garden hoses from spigots and cover exterior faucets with insulating material to prevent freezing
Ø  Know where the main water shut-off is located in your home in the event of a broken pipe so the water can be shut off to minimize damage.
Ø  If your outside lawn & landscape irrigation system has not been winterized, know where the shut off valve is for that system in case a broken irrigation pipe occurs.

Other precautions and considerations
Ø  Avoid body exposure to prevent frostbite and hypothermia
Ø  Use electric heaters carefully so as to avoid any combustible materials within 3-4 foot radius; use only electric heaters with an automatic shut-off
Ø  Indoor gas, propane, kerosene space heaters can be deadly if not completed vented and monitored continuously; heaters not used and tested for some time should not be used until safety is confirmed; Carbon monoxide poisoning from improperly or unvented space heaters is extremely dangerous.   If any feeling of confusion, dizziness, or nausea occurs while using a vented heater, shut it off and seek immediate fresh air.

Protect animals from life-threatening cold

Keep pets inside.  If animals can't be inside, provide a warm, comfortable place.  Face shelter away from wind and provide a flap or door to help keep the animal's body heat inside.

August Volunteer Leadership SeriesCode of Conduct for Board Members


Kathleen Sutherland led the monthly Ghertner & Company Volunteer Leadership Series to a packed crowd of Board members and associates at the August 5th lunch & learn held at Ghertner & Company’s training center. 

Homeowners have a variety of motivations for serving on the Board of Directors, but it is still important for all the Directors to be on the same page regarding their basic fiduciary duties to the Association. For this reason it is helpful to adopt a written code of conduct, also known as a code of ethics. After the code is adopted by a vote of the Board, it should be signed by each of the Directors.

These workshops are one of the benefits of management by Ghertner & Company.  If you are a Board member who is interested in learning more about our management services, please contact Kathleen at Kathleen.sutherland@ghertner.com or 615-277-0314.

(L-R)  Board member at Mansker Farms and Deborah Wallace, Community Association Manager, catching a few minutes to talk before the lunch & learn.

We always have room for more!  Please join us for our next workshop in September. 


Recreational Water Illnesses



We're experiencing a very hot and humid summer this year in Tennessee.  Many of us are frequenting swimming pools more often to cool off, and enjoy time with family and friends. Before you head out to the pool or water park, consider the information and precautions below provided by Langley & Taylor Pool Company.
Swimming pools, spas, lakes, rivers, or oceans are all potential sources of water recreation illness. Recreational water illnesses typically affect a person's stomach and intestines, skin, or respiratory system.

Every year, we hear about stories in regards to Recreational Water Illness (RWI’s). Certified Pool Operator/National Swimming Pool Foundation and The Center for Disease Control recognize RWIs as the following:
  •    Cryptosporidium
  •    E-ColiLan
  •   Giardia
  •    Hepatitis
  •    Shigella
  •    Norovirus

Just to name a few..

According to the Center for Disease Control and Prevention as well as the Certified Pool Operator Handbook/National Swimming Pool Foundation; it can take up to several minutes or hours to de-activate or “kill” these bacteria and viruses that cause fecal borne illness.  For example, the deactivation time for Cryptosporidium is 12 hours when the Free Chlorine level is 20 (twenty) PPM.  Increased problem awareness, prompt response to fecal accidents, and proper water quality maintenance are vital to the prevention of RWIs and related adverse health effects.

This is why the health department states: “Take a shower before entering a pool” AND “persons with communicable diseases, do not enter the pool”

Furthermore, a pool does not need to be considered a cleansing bath that “heals” people of virus and bacteria. People CAN pass virus and bacteria to others in a swimming pool even though it is properly sanitized.

Parents, please make sure that if your child is sick, or just over coming an illness to not let them swim in the pool until they are completely healthy.

Handrails, ladders and pool furniture can also be an area that sick people touch and come in contact with bacteria or virus. 

A properly sanitized pool is pro-active care, BUT it does not negate the fact someone can become ill as others can introduce bacteria and virus and the chlorine takes time to kill them. In fact, without your help, even the best-maintained pools can spread illness.  

Think Healthy,

Be Healthy,

Swim Healthy!

Clear and Clean


Healthy water quality in community pools requires careful vigilance.
As clear and refreshing as swimming pool water looks, particularly on a sweltering hot day, it can harbor bacteria, viruses and para-­sites that can cause what the Center for Disease Control (CDC) call recreational water illnesses. Instances of these ailments, which include ear and eye infections and respiratory, intestinal and skin diseases, are dramatically on the rise according to the CDC; reported cases have more than tripled in the past 20 years.

Even if the community you manage has one swimming pool or several, indoors or out, salt water or fresh, Olympic size or a wading pool-even hot  tubs-it's important  that the water in which residents swim and relax won't make them sick. And community managers and pool maintenance staff, as well as municipal and local governments, can do a lot to minimize outbreaks of infections.

Pool Rules are Essential

Whether a community's pools are maintained and staffed by the association or a contractor, managers should work closely with pool personnel to make sure every one who uses the pool observes certain procedures.

It's essential that dressing rooms, bathrooms, showers and pool decks are cleaned and disinfected regularly. Pool users should be educated about why hygiene is a critical element in maintaining healthy pool water and why diapered children should be changed well away from the pool and the surrounding decks. All swimmers should be encouraged to take  frequent bathroom breaks and reminded not to swallow pool water. And urge swimmers to shower with soap each time they enter or leave the pool. Anyone – residents, guests, children, adults and employees – who has an infection or illness should be refused entry to the swimming or wading pool area. Also develop a disinfecting policy for responding to contamination.

Monitor Chemicals Closely

It's important to check water pH and chlorine levels regularly, particularly during the weekend or other busy times.  Also, managers and pool staff should be aware that while chlorine is an effective disinfectant, it doesn't kill germs immediately, and some viral and bacterial strains resist chlorine altogether. For instance, E. coli bacteria can be eliminated in less than a minute by normal disinfectants, but Giardia, which is a parasite, requires nearly an hour. The virus that  causes Hepatitis A survives in chlorine for only about 15 minutes, but the parasite Cryptosporidium can live in chlorinated water for more than a week before it's destroyed. Any of these organisms can cause mild to severe fatigue, stomach cramps, vomiting and diarrhea. Strep and other bacteria that cause colds and car infections also can spread freely in swimming pools. 

The chemicals used to sanitize pool water are themselves toxic if used, stored or applied improperly, so make sure they are always handled by properly trained personnel. The association also should keep records of pool maintenance, disinfectant use and pH measurements.

Get More Information

The CDC released the Model Aquatic Health Code (MAHC) in September 2014 as guidance for local governments, pool programs and others who have vested interest in "improving the health and safety at public aquatic facilities." This code is available on the CDC's website at www.cdc.gov/healthywater/swimming/pools/mahc/about.html. 

A complete checklist of critical steps to take to ensure pool water safety is available at www.cdc.gov/healthywater/swimming/resources/operating-public-swimming-pools-factshcet.html. 

Swimming pools are a great source of recreation,  exercise  and  relaxation-and managers should do everything possible to ensure they won't make swimmers sick.


Did you know that grills are prohibited at most Condominium and Town-home communities?

August 11, 2014

TO:          Multi-Family Dwelling Complex Managers

FROM:    Al Thomas
                Fire Marshal
                Nashville Fire Department

RE:          Grills on Balconies

The Metropolitan Council has adopted the "2006 edition of The International Fire Code" with some local amendments as Davidson County's fire code. There are some changes in the previous law concerning grills on combustible balconies or within 10 feet of combustible construction. The new fire code states that open flame cooking devices are not allowed on combustible balconies or within 10 feet of combustible construction unless the building and the deck is protected with an approved automatic fire sprinkler system.

The second section of the code states that even when grills are allowed because of construction or fire sprinklers LP gas fueled grills can't have storage cylinders with a water capacity larger than 2.5 pounds.  Typical residential propane grills meet this definition.

IFC
308.3.1 Open-flame cooking devices.
Charcoal burners and other open-flamed cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.
     Exceptions:
  1. One- and two-family dwellings.
  2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 
308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices.
LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds (nominal 1 pound (01454 kg) LP-gas capacity) shall not be located on combustible balconies or within 10 feet (3048 MM) of combustible construction.
     Exception: One- and two-family dwellings.

Good fire prevention practices should always be used when operating a grill. Always have a way of extinguishing the fire and never leave the grill unattended. Remember that your actions may have an effect on several.  Always think fire safety.



Circumstances that Prohibit Grills, Fire Pits and Recreational Fires at Condominium and Town-home Communities

Things to think about....


Nashville Fire Department Fire Marshal's Office









Fire Pits and Recreational Fires


Everyone enjoys roasting marshmallows over an open fire in the fall.  The thing to remember is to be safe and follow the rules. First of all we will define a recreational fire and then give you some guidelines.

RECREATIONAL FIRE:


An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height  for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

Recreational fires in an approved container should be not less than 15 feet from any structure.  An example of an approved container would be the commercially produced fire bowl/pits.

Recreational fires placed on the ground should be 25 feet from all structures.


SAFETY:


Recreational fires should constantly be attended and a method of extinguishing the fire should be on site. That could include a garden hose, fire extinguisher, etc.



PROBLEMS: 


 Any recreational fire that is offensive or objectionable because of smoke or odor emissions or when the atmospheric conditions or local circumstances make it hazardous are prohibited.


Grills in Multi-Family Dwellings


Charcoal and other open flame cooking devices are not allowed on combustible balconies or within 10 feet of combustible construction unless the building and the deck are protected with an approved automatic fire sprinkler system or if it is a single family home or duplex.

LP gas burners with a gas cylinder larger than 1 lb are also not allowed on combustible balconies or within 10 feet of combustible construction. The exception to this rule is for single family homes and duplexes.






Major Appliance Care & Maintenance


While appliances make our lives much easier, they also pose significant risks if not maintained properly. Here are some helpful maintenance tips and replacement recommendations to ensure the longevity of your major appliances.


A/C Problems? Check Your Condensate Line 
When you see water running from the area of your 
furnace and air conditioner, chances are there is a
clog in your condensate line.

When your air conditioner is operating correctly, the temperature difference causes moisture to accumulate on the coil. That moisture has to drain away from the unit and condensate line is what takes the water to the outside of your home.

In a perfect world the water would be completely clean and flow freely through the condensate line forever. Unfortunately, that is rarely the case. The water can contain algae, dust, and other debris that will clog the line. Removing the clog is a simple procedure and is usually a part of the seasonal service you receive from your HVAC contractor.


Replace Washing Machine Hoses Every 5 Years to Avoid Disaster



 The washer supply and discharge hoses are often overlooked, but they are all too common culprits of water damage.  These hoses usually fail at a specific place – the coupling.  Standard hose couplings are rolled and stamped from thin sheets of copper, inserted into the hose ends and then crimped. Over time, flowing water polishes the metal coupling edges to a razor sharp edge. Those edges then cut the hose inside and outside where it bends at either end. If it has been more than 5 years, you are gambling!  You don’t want to wait until water shoots out the sides to find out. If it 
has been more than 5 years, go ahead and replace the washing 
machine hoses while everything is dry. While you’re changing 
out the washer supply hoses, install a new discharge hose, too.

Have Your Dryer Vent Cleaned Annually

Lint and other debris can build up in your dryer hose and vent duct, reducing air flow, backing up exhaust gases and eventually creating a fire. These hazards can be avoided by thoroughly inspecting and cleaning your dryer vent every year. Not only are you reducing the risk of fire, you’re also putting money back into your wallet by improving the dryer’s efficiency.  
Signs of a Blocked Dryer Vent

·        Lengthy drying times.
·        Clothes are hotter than normal at the end of the dry cycle.
·        Dryer deactivation due to high temperatures
·        Increased heat and humidity in the area of the dryer.
·        Flapper on vent hood does not open when dryer is on. 






Common Water Heater Problems and Signs You Might Need a New Unit

Other than a fire, nothing causes more damage to the inside of a property than leaking water. Like any appliance, water heaters break down over a period of time.  No one enjoys taking a cold shower, so ideally you’d like to be able replace your water heater before it completely stops working.  If you wait too long it may lead to bigger problems as well, such as large leaks and water damage to your home. So how do you know when it’s time for a replacement? Here are a few signs:


Age

The older a water heater gets, the more likely it’s about to break down. Electric water heaters generally last 8-10 years, while gas water heaters may only be good for 6-8 years. If your water heater is any older than this, it may be time to check for some of the symptoms below.
Rust and corrosion
Check your tank for any rust or corrosion, particularly the area around the temperature and pressure relief valve and the inlet and outlet connections. Also check your water to see if it’s turning a rusty color, which could mean there’s rust inside the tank. Unfortunately, rust and corrosion can’t be fixed. Once it starts it’s only a matter of time before the tank is leaking and needs to be replaced.
Unable to drain water through the drain valve
Over time, sediment builds up inside a water heater. Flushing your water heater once a year will help solve this and extend the life of your water heater. However, if this task isn't performed for an extended period of time then the sediment build-up will eventually reach a point where it can no longer be resolved. At this point a water heater replacement will be necessary.
Your hot water tank is leaking
A leak from your hot water tank is usually caused by an internal problem and is rarely fixable. If you spot a leak anywhere on your water heater it’s quite likely your water heater needs to be replaced.
Your water is lukewarm or cold
If your water isn't as hot as it used to be, or isn't hot at all, then there is likely something wrong with your water heater.
Check for any of the symptoms above. If you find any of them then it is likely your water heater is beyond repair and will need to be replaced.

March Volunteer Leadership Series

Bids, Contracts and Maintenance

Presented by Kent Knapp, Director of Ghertner Maintenance & Remodeling 

L to R: Kent Knapp, Bridgemill at Providence Board member




Kent spoke to a full room of Board members and Community Association Managers at the March 4th Lunch & Learn held at Ghertner & Company’s learning center.  Discussion included the importance of a maintenance plan for routine, preventative, emergency and deferred maintenance.  Recommendations for creating a bid schedule to obtain proposals for services based on detailed specifications; and what to consider when choosing a bid prior to signing a contract for services or planned projects.

If you are a Board member who is interested in learning more about our management services, please contact Kathleen Sutherland at kathleen.sutherland@ghertner.com or 615-277-0314.


L to R: Kathleen Sutherland, Saundersville Station Board member


L to R: Paul Matthys, Community Association Manager, Hermitage Meadows Board member

Tennessee 615 Area Code Overlay


The Tennessee Regulatory Authority approved an overlay for the 615 area code to accommodate the need for more telephone numbers. The new 629 area code will serve customers in the same geographic region as the current 615 area code.  An overlay does not require customers to change their existing area code.

When the overlay area code is implemented:
·        Beginning February 28, 2015, customers with 615 or the new 629 area code must dial the area code + the seven-digit number when making local calls.
·        Long distance calls remain the same. Callers need to dial 1 + area code + seven-digit telephone number whenever placing a long distance call from the 615 or 629 area code.



Completing calls:
·        To complete calls from a land line phone, the new dialing procedure requires callers to dial ten-digits (area code + telephone number) for every local call.  This means that all calls in the 615 area code that are currently dialed with seven-digits need to be dialed using the area code + telephone number.
·        To complete calls from a cellular or mobile phone, callers may dial the area code + telephone number or 1 + area code and telephone number whenever placing a call to a phone number with the 615 or 629 area code.
In addition to the new dialing procedure, automatic dialing equipment or other types of equipment that are programmed with a seven digit telephone number, need to be reprogrammed to use the new dialing procedure. Some examples are life safety systems, fax machines, Internet dial-up numbers, alarm and security systems, gates, speed dialers, mobile phone contact lists, call forwarding settings, and voice mail services.
Your telephone number, including current area code, will not change.

·        The price of a call, coverage area, and other rates and services will not change due to the overlay.
·        What is a local call now will remain a local call regardless of the number of digits dialed.
·        You can still dial just three digits to reach 911, as well as 211, 311, 411, 511, 611, 711, and 811.
Questions?  If you have any questions regarding information provided, contact more information is available through the Tennessee Regulatory Authority (TRA) at www.tn.gov/tra/dockets/1100018.htm

Ice Damming

Middle Tennessee residences  have been experiencing a phenomenon called "ice damming" which is commonplace in the north, but unusual in the south.  Ice damming is difficult to rectify in the immediacy and will typically resolve itself when the freeze/thaw cycle subsides.
Dams can tear off gutters, loosen shingles, and cause water to back up and pour into residences. This is will lead to peeling paint, warped floors, stained and sagging ceilings, wet insulation, etc. 
Here is how an ice dam is formed:

1. Heat collects in the attic and warms the roof, except at the eaves.
2. Snow melts on the warm roof and then freezes on the cold eaves.
3. Ice accumulates along the eaves, forming a dam. Melt-water from the warm roof backs up behind it, flows under the shingles, and into the house.



Ice dams will often stop leaking to the interior at night as temperatures drop, and begin leaking again as the sun comes up and warms the roof and attic.    
As difficult as it is to not take action, chipping at ice dams will damage shingles, flat roofs, siding, gutters, etc.  Additionally, it is unsafe to be walking icy or snow covered roofs and in many cases isn't possible. 




There are long term solutions to ice damming that should be taken into consideration:
  • Seal air leaks in the attic to stop warm air leakage (the source of the problem).
  • After sealing leaks, add additional insulation in the attic.
  • Provide adequate attic ventilation so that the underside of the roof and outside air are at the same temperature. Check to make sure attic insulation is not blocking roof ventilation.
  • Clean leaves and other debris from gutters before the first snow. This will help prevent ice build-up in gutters.

February Volunteer Leadership Series

Fair Housing for Homeowner Associations

Presented by Angelita Fisher of King & Ballow


Angelita Fisher led February’s lunch and learn workshop to an audience of Board members and Community Association Managers at Ghertner & Company’s learning center. Though some may think that the Fair Housing Act does not apply to Homeowner Associations, it does!  Fair Housing applies to entities and associations that provide services and facilities in connection with housing.  Your CC&R’s and Fair Housing Laws may conflict, and if they do, Fair Housing Laws trump your CC&R’s.  So next time you have a request for reasonable accommodation or modification be sure to do your research and seek legal counsel. A wrong decision could be very costly.


If you are a Board member who is interested in learning more about our management services, please contact Kathleen Sutherland at kathleen.sutherland@ghertner.com or 615-277-0314.




Severe Weather Alert



As winter weather is again approaching with sub-freezing temperatures predicted for the next several days, we wanted to advise you of some precautions to take to prevent pipes from bursting and other potential hazards.

Ghertner & Company’s Homeowner Service Center is available to help you should you need assistance during office hours of Monday-Friday from 8:00 am until 4:30 pm, and can be reached at 615-277-0358. Our 24 hour emergency number is 615-255-4736.

If you live in a condominium or townhome community, know who your neighbors are that live next door, and  above or below you.  Share your contact information with them and ask for their contact information in case of an emergency due to a busted water line, etc.  Also, check your unit’s insurance policy, so you know what is covered, and the amount of any deductibles.  Your association’s policy also has a deductible, and you may be responsible for anything below that amount.

If your Association has parking areas, roads, or common walking areas salted, be aware that when the temperature reaches a certain point salting does not work.  Please take precautions if you are walking around the community. 

Below are several helpful suggestions to help you prepare for dangerously cold weather:

Keep your pipes from freezing
Take precautions now to ensure your home is ready for the extreme cold temperatures.   When the mercury dips well below freezing, pipes can freeze under your home.
Ø  Make sure all your foundation vents are closed, so cold air is not getting in.
Ø  Make sure your crawl space door is closed and sealed properly. The main thing is keeping the wind out from under your house.
Ø  In order to keep your water pipes from freezing, allow a steady drip of water from an interior sink to drip while the outside temperature is sub-freezing approaching zero degrees.
Ø  Unhook garden hoses from spigots and cover exterior faucets with insulating material to prevent freezing
Ø  Know where the main water shut-off is located in your home in the event of a broken pipe so the water can be shut off to minimize damage.
Ø  If your outside lawn & landscape irrigation system has not been winterized, know where the shut off valve is for that system in case a broken irrigation pipe occurs.

Other precautions and considerations
Ø  Avoid body exposure to prevent frostbite and hypothermia
Ø  Use electric heaters carefully so as to avoid any combustible materials within 3-4 foot radius; use only electric heaters with an automatic shut-off
Ø  Indoor gas, propane, kerosene space heaters can be deadly if not completed vented and monitored continuously; heaters not used and tested for some time should not be used until safety is confirmed; Carbon monoxide poisoning from improperly or unvented space heaters is extremely dangerous.   If any feeling of confusion, dizziness, or nausea occurs while using a vented heater, shut it off and seek immediate fresh air.

Protect animals from life-threatening cold
Keep pets inside.  If animals can't be inside, provide a warm, comfortable place.  Face shelter away from wind and provide a flap or door to help keep the animal's body heat inside.

Government Affairs - Lien Priority 



The Federal Housing Finance Agency (FHFA) released a statement on December 22, 2014 expressing concern about state statutes that allow community associations to obtain lien priority over first mortgages for unpaid association assessments. By asking a federal court to intervene, FHFA is trying to bail out mortgage servicers that have failed to fulfill basic contractual obligations to Fannie Mae and Freddie Mac.


"Make no mistake, FHFA is bailing out mortgage servicers that lacked the competency to meet basic contractual requirements and follow established rules of civil procedure," said Thomas M. Skiba, CAE, chief executive officer of Community Associations Institute (CAI). "By suing community associations, FHFA is trying to protect Fannie and Freddie at the expense of association homeowners. That's unfair, unconscionable and unacceptable."

For years, CAI has joined with federal regulators (as well as Fannie Mae) to call on mortgage servicers to secure and maintain vacant and abandoned properties and meet their financial obligations to community associations and their homeowners. These calls and regulatory directives have been largely ignored with impunity by mortgage servicers.


"In one case, Fannie Mae’s servicers failed to respond to legal service of process and, despite mandatory notification pursuant to Nevada law, failed to appear at a foreclosure auction to protect Fannie Mae's financial interests," Skiba continued. "It says a lot about FHFA priorities that the agency now is suing to recoup Fannie Mae's losses from the pockets of community association homeowners, rather than suing servicers for breach of contract. Someone must stand up for homeowners and that’s what CAI will continue to do."


FHFA is nothing if not strategic, electing to release its statement on the heels of a lawsuit filed by the agency in federal court in Nevada. FHFA is seeking a determination that an HOA's foreclosure sale is invalid and contrary to federal law because it would extinguish Fannie Mae's property rights. However, the right of foreclosure FHFA is seeking to invalidate nationwide is permitted by law in Nevada, 21 other states and the District of Columbia.


FHFA asserts that it is compelled by law to file suit to protect Fannie Mae's and Freddie Mac's rights and to prevent taxpayers from incurring losses. Skiba said the FHFA statement "blatantly ignores" Fannie Mae and Freddie Mac rights under the respective seller/servicing guides that allow these mammoth enterprises to recover losses resulting from the mismanagement of mortgage servicers. Despite a range of available remedies, FHFA has opted to sue to invalidate state priority lien statutes rather than enforcing its rights under contract.


"It's incredulous that a Federal agency would sacrifice the interests of 65 million taxpayers who live in community associations to protect the very banks all American taxpayers spent billions of dollars to bail out during the economy-shattering housing crisis," Skiba said. "And it’s shocking for FHFA to attack state laws that have been in place for more than 100 years of precedent and practice. Fact is, by paying their association assessments and protecting property values, these homeowners protect the value of lenders' assets in associations. Yet, FHFA is enabling the bad behavior of mortgage servicers who don't spend a dime to maintain and protect their own property investments."


CAI will continue to monitor FHFA's hostile actions against the right of community associations to secure priority liens on properties within their boundaries.”


Get more information on the priority lien issue, including a detailed CAI statement and a map of states with priority lien statutes See the Nevada Supreme Court decision.

With more than 33,000 members dedicated to building better communities, CAI works in partnership with 60 chapters to provide information, education and resources to community associations and the professionals who support them. CAI’s mission is to inspire professionalism, effective leadership and responsible citizenship—ideals reflected in communities that are preferred places to call home. Visit www.caionline.org or call (888) 224-4321.  
Community Associations Institute (CAI) | 6402 Arlington Blvd., Ste 500, Falls Church, VA 22042 | www.caionline.org | 888.224.4321

December Volunteer Leadership Series

Realistic Reserves for Today's Economy

Presented by Miller + Dodson Associates


L to R: Peter Miller, Kathleen Sutherland, Larry Ellis
Peter Miller, RS, and  Larry Ellis, spoke to a packed room of Board Members and Community Association Managers at the December 11th Lunch & Learn at Ghertner & Company's learning center. Discussion included challenges in today's economic climate, as well as funding and understanding the reserve study recommendations and strategic funding solutions. The best tool to predict a community association's capital projects is a reserve study. It's a reliable guide to assist the Board of Directors plan for future replacements.  A reserve study can help avoid special assessments by forecasting the cost and timing of replacing big-ticket items such as roofs and sidewalks, so the money is available when needed. 

Peter also recommends performing annual preventive maintenance by inspecting common elements and building components at least once a year. 




L to R: Villas at Concord Place Board member,
Scott Ghertner, Sullivan Farms Board member


  

Safe Haven Family Shelter - Hike for the Homeless

Big Goal. Big Team Effort. Huge Hike Success.




The 10th Annual Hike for the Homeless on November 8, 2014 was a huge success! Our very own Janice Tantaris and the Ghertner Guardians received an award for the Team with the most members/donors who gave $25 or more.  Way to go Janice and the Ghertner Guardians!

  The Ghertner Guardian Team

Front row: Steve Ghertner, Glenda White, Barb Smith
Second row: Scott Hebrank, Parry Ghertner, Mary Margaret, Janice Tantaris, Angie Brown, Mark Smith


Team award for the most members/donors who gave $25 or more





September Volunteer Leadership Series

Budget Process and Communication


Kathy Sutherland, Theodora Winkler, CAM Financial Manager
and Retreat at Tollgate Board member
Kathy Sutherland led September’s lunch and learn workshop to a packed room on September 3rd.  The topic was the Budget Process and Communication, and was held in the training center at Ghertner & Company.

A few topics from the presentation include:

The Association Manager, Treasurer and Budget Committee’s role in the budget process;  It takes team work!

Funds needed for daily operation of the community and to maintain reserve funds at sufficient levels.

 Reserve funds provide for the repair and replacement of the community’s assets.

Funds needed for additions or enhancements to the property; What members of the community want and are willing to pay for.

Preventative and routine maintenance; The long term value of a plan for maintenance, replacement and refurbishment of common area items.

Realistic fees; A fee increase is an investment in the continual upgrading of the community.

Choosing bids for services; The lowest bid is not always the best bid. Choose the bid with the best value.

Armed with this knowledge, expenses for the coming year can be projected and compared to the association’s potential revenue.  If expenses are greater than revenue, the committee will look for ways to lower expenses without compromising service.  If that doesn't  balance the budget, the committee may have to make a tough decision; whether to recommend a fee increase or a one-time special assessment.

These workshops are one of the benefits of management by Ghertner & Company.  If you are a Board member who is interested in learning more about our management services, please contact Kathy at kathleen.sutherland@ghertner.com or 615-277-0314.


Photo's from the workshop

Damon Morris, Community Association Manager,
 Ann Claud, On Site Manager
at LaurelBrooke and LaurelBrooke Board member 



Heritage Trace Board members
and Linda W. Mason, Community Association Manager
Innsbrooke Crossing Board member, Reggie Tullis
and Bob Welborn, Community Association Managers

Retreat at Tollgate Board member
and Theresa Savich, Administrative Assistant






Jaye Kloss, Community Association Manager
and Enclave at Carronbridge Board members
Wessex Towers Board member
and Innsbrooke Crossing Board member



FHA Extends Temporary Approval Provisions for Condominium Approved Process



The Federal Housing Administration (FHA) released the long-awaited extension of its condominium project approval guidelines on August 29. The two-year extension is contained in Mortgagee Letter 2014-17 and is set to expire on August 31, 2016. To read ML 2014-17, please click here.

As expected, the extension was issued to allow time for completion of the condominium rule-making process and there are no changes made to the policy that was released in Mortgagee Letter 2012-18. Community Associations Institute (CAI) views FHA's extension as favorable as it allows more time to develop approval guidelines that are in the best interests of all stakeholders. To read ML 2012-18, please click here.

CAI looks forward to continuing its work with FHA on the condominium project approval guidelines as well as the development of the Single Family Housing Policy Handbook.

To view CAI's current action item in opposition to H.R. 4969 - the Amateur Radio Parity Act of 2014, click here and help to protect your association's rules and standards.


CAI Government Affairs represents the interests of the 65 million people living and working in America's community associations on legislative and regulatory issues at the local, state, and federal level of government.

Community Associations Institute (CAI) | 6402 Arlington Blvd., Ste 500, Falls Church, VA 22042 | www.caionline.org | 888.224.4321



July Volunteer Leadership Series 

Delinquencies at Your Association










Attorney John Curtis spoke to a packed crowd at the July 9th Volunteer Leadership series lunch and learn at Ghertner & Company.  Here are just a few highlights from the presentation:

Jon mentioned that he uses private process servers in most instances in lieu of the sheriff to serve people with suits since they are more assertive in finding people who he is trying to serve. Private process servers have more interest in locating and serving the defendant to grow their business and keep business, rather than the Sheriff.

Some delinquent payers are “professional non –payers” against whom Mr. Curtis ultimately serves a subpoena to come to court so he can find out where their assets are to garnish assets. Many are held in contempt when they don’t show up to court and the Court will ultimately send then the Sheriff to arrest the person if they fail to show at Court.

One particular national bank averages over two years on a foreclosure.  Mr. Curtis said that associations could consider legal action against the mortgage company for “negligence to foreclose and maintain the property”. This is a possible option in the case where pipes burst in empty units because the bank failed to take possession in a timely manner.  This will be a difficult road, but one option. This scenario was quite common in the winter months of this year when temperatures dropped for many days. 

Collecting from owners who are in bankruptcy is more expensive now than in the past due to the extensive claim filing requirements, especially to increase the assessments. These costs will be recouped from the owner in the chapter 13 plan provided the plan is completed and there is no foreclosure, but the costs will be paid up front first by the association. There has been some “sticker shock” from associations on these new costs.  Please make sure to contact the property manager to notify the trustee at least 25 days before the increase is to take affect to make sure the paperwork can be filed within the bankruptcy Court rules filing requirements.  Please make sure to notify the legal department for any and all changes in assessments, insurance charges, or fines to get them added to the plan with the Court, otherwise there will be challenges to overcome for payment in full of the balance upon discharge.