CAI-NJ Nov. 2018 (w)

Community Trends ® November 2018

PLANNING AHEAD

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• Best Practices for Management Transitions • Getting into theWeeds • Irrevocable isn’t so Bad! ....and more In This Issue

2018 ULTIMATE PARTNERS NJ Chapter Communi t y Associat ions Inst i tute The Community Associations Institute New Jersey Chapter would like to thank its partners below. For more information on our sponorships, please contact Laura O’Connor at 609-588-0030 or laura@cainj.org.

CAI-NJ STAFF

LARRY P. THOMAS, PCAM CHAPTER EXECUTIVE DIRECTOR LARRY@CAINJ.ORG ANGELA KAVANAUGH DIRECTOR, CONFERENCE & PROGRAMS ANGELA@CAINJ.ORG LAURA O’CONNOR DIRECTOR, MEMBERSHIP & MARKETING LAURA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, EVENTS & EDITORIAL JACLYN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS OFFICE ADMINISTRATOR & GRAPHIC DESIGNER BROOKE@CAINJ.ORG JENNIFER FARRELL COORDINATOR, EVENTS & EDITORIAL JENNIFER@CAINJ.ORG

Contact CAI-NJ

ADDRESS CAI-NJ

500 HARDING ROAD, FREEHOLD, NJ 07728 PHONE 609-588-0030 FAX 609-588-0040 WEB WWW.CAINJ.ORG EMAIL INFO@CAINJ.ORG

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THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS

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CAI-NJ Board of Directors Adopts Best Practices for Management Transition — Created by the 2017 & 2018 Managers Committees By Christopher Nicosia, MM, CMCA, AMS, PCAM Prime Management, Inc., AAMC Getting into the Weeds By Robert N. Roop, P.E., Lockatong Engineering and David H. Greenwald, FirstService Residential, AAMC Planning for the Future: Irrevocable isn't so Bad By Heidi Friedman, Esq. Becker & Poliakoff LLP

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20

32

38

Management Trends: Slip Sliding Away — Keeping People Safe from the Number One Property Hazard

20

By Chuck Graziano, CPM, PCAM Wilkin Management Group, Inc.

EXTRAS President's Corner

5 6 7 8

Looking Ahead

CAI-NJ Upcoming Events

Legislative Update

CA-PAC “Dollar a Door” Campaign

10 13 18

32

Chapter Trends

CAI-NJ Legal Forum Wrap-up & Photos 2019 CAI-NJ Annual Awards Dinner Call for Nominations

26-31

2019 CAI-NJ Partner Program

36

CAI-NJ Managers Leadership Workshop Wrap-up & Photos

45 46 48 50 54 58

Community Trends ® Travels

New Members

CAI Membership Application 2019 National PMDP Schedule 2018 Ultimate Partner Listings

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CAI-NJ LEADERSHIP BOARD OFFICERS

BOARD OF DIRECTORS Benjamin Basch American Pool Enterprises Business Partner

Donna Belkot Taylor Management Company, AAMC, AMO Community Association Manager Jean Bestafka Renaissance Homeowners Association Homeowner Leader

PRESIDENT LISA VITIELLO, CPA TOWNE & COUNTRY MANAGEMENT, INC.

Jeffrey Logan Guardian Service Industries, Inc. Business Partner Deana Luchs Canal Walk Homeowners Association Homeowner Leader

VICE PRESIDENT JENNIFER NEVINS DW SMITH ASSOCIATES, LLC

PRESIDENT ELECT MOHAMMED SALYANI, CPA WILKIN & GUTTENPLAN, P.C.

Christopher Nicosia, CMCA, AMS, PCAM Prime Management, Inc., AAMC Community Association Manager Lawrence N. Sauer, CPM, CMCA, PCAM Association Advisors Community Association Manager

TREASURER LOREN LIGHTMAN, ESQ. HILL WALLACK, LLP

SECRETARY MARK WETTER, ESQ. RADOM & WETTER

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

GENERAL COUNSEL EMERITUS Wendell A. Smith, Esq., CCAL Greenbaum, Rowe, Smith & Davis, LLP

IMMEDIATE PAST PRESIDENT Denise Becker, CMCA, AMS, PCAM Homestead Management Services, Inc., AAMC

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PRESIDENT’S CORNER LISA VITIELLO, CPA CAI-NJ 2018 PRESIDENT | TOWNE & COUNTRY MANAGEMENT, INC.

P lanning Ahead – It’s an important task for any organi- zation or person to reach their goals. In this issue our authors address both community planning and offer a perspective on eldercare planning. For our members, at large, planning means different things for different age groups. The 20 somethings want to secure a high paying job but want work/life balance. They desire generous paid time off and working remotely from home, at least one day per week. The 30 somethings want to buy a home (aka condo/ co-op/townhome). Generally, they do not want to mow the lawn, clean gutters or worry about roof leaks. Exotic vacations are high on their list of planning; Iceland any- one? Retirement planning is low on their list as they per- ceive, there is still lots of time. Then come the children. Mini vans are out, a large SUV is the order of the day. Exotic Vacations, not so much. Child care and local vacations in Ocean City and the “big” one, planning for Disney World. The 40 somethings want more stability…. good schools, low taxes, their kids

need to be well educated and college is creeping up, so college planning begins. 50 somethings looking at kids graduating college, mov- ing out or NOT, but downsizing their large home is defi- nitely on their planning list. Saving for retirement becomes crucial and hoping the kids can make it on their own. Recently, driving past a cemetery, this soon to turn 60 something thought…. the cemetery is really the very first

“For our members, at large, planning means different things for different age groups.”

condo…buy a parcel of land, everyone gets a plot, the lawn is mowed and not too many restrictions!!! My plan for 60 and beyond is to go back to the 20 & 30 somethings philosophy, work/life balance and Exotic Vacations. The French Riviera, here I come!!! n

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LOOKING AHEAD LARRY THOMAS, PCAM | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

E very community association, or for that matter, every organization, needs to get their team(s) to be pro- gressive thinkers and planners. Planning ahead is a crucial part of every association and if not carefully thought out and not getting the “buy-in” of the management and committee members can make or break a community’s budget and deter the long-term plans and functionality of the community. Careful planning is much more than creat- ing a budget and evaluating the income/ expenses on a regular basis. A community’s board and management team must be proactive as opposed to reactive when looking at the upcoming projects. A careful and timely review of your upcoming projects is critical and should be discussed and determined well in advance of any assignment. Assessing risks is a vital step in planning ahead. Discuss what may happen and develop steps to get your project back on track should an unexpected event pop up. I do caution you, however, that overthinking the “what ifs” can create hesitation and may delay your plans. Be realistic and con- sider the major items that can impact your mission. Again, be proactive, not reactive when planning out a major ren- ovation or improvement.

Planning ahead will also improve performance. Good preparation and task assignment ahead of time will allow everyone involved to know what their role is and will avoid any confusion as to who is doing what. It is imperative that everyone’s roles are clearly defined and conveyed (in writing) to all participants. Another great way to improve success is to create small teams to oversee specific details of the project.

“Planning ahead is a crucial part of every association...”

Try to assign your teams based on expertise and per- sonalities so that the small groups work well together and complement each other. If you plan your project well in advance, it will allow you to revisit and make revisions and updates. I know that from several years as a community manager, someone or something throws a wrench in the works and projects get delayed or off course. Following the above steps can help you prevent the unforeseen and cope with them in an efficient and practical manner when they arise. n

CAI-NJ 2019 Awards Dinner Call for Nominations is Now Open! See nomination forms on pages 26 - 31 of this issue!

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2018-19

EVENTS & EDUCATION CALENDAR

June

NOVEMBER

1

Coffee and Cram: CMCA Study Group CAI-NJ, Freehold Lecture Series: Reserve Studies, Understanding Adequate Funding CAI-NJ, Freehold

25

Dennis R. Casale Memorial Golf Outing Forsgate Country Club, Monroe Twp.

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27- 29

M-100: The Essentials of Community Association Management Mercer County Community College, West Windsor

DECEMBER

6

Annual Meeting and Chapter Retreat Clearbrook Community Association, Monroe, Twp.

August

8

Annual Beach Party Martell’s Tiki Bar, Point Pleasant

January 15 FEBRUARY

NewMember Welcome Breakfast Concordia, Monroe, Twp.

September

5-6

PCAM Case Study TBD

28

Annual Awards Dinner The Imperia, Somerset

APril

October 17- 18

12 25 Spring Break Party

M-202: Association Communications Mercer County Community College, West Windsor

M-310: Management Company Adminstration Freehold, NJ

The Grand Marquis, Old Bridge

Events are subject to change more information can be found on The CAI-NJ Website at www.cainj.org

LEGISLATIVE UPDATE

GEORGE GREATREX, ESQ. PARTNER, SHIVERS, GOSNAY & GREATREX, LLC LEGISLATIVE ACTION COMMITTEE CHAIR

F or several years now the introduction and passage of legislation into law requiring the licensure of prop- erty managers has been a legislative priority of CAI’s Legislative Action Committee – NJ. This initiative recog- nized that the LAC’s primary duty is to improve the lives of those who live and work in New Jersey’s 6,800 common interest communities by promoting legislation that would further that goal, and by opposing legislation that would prevent us from reaching that goal. It was based on the consensus at the time that requiring mandatory education, training and licensing of property managers would benefit those living in common interest communities, would benefit the property management industry and was in fact long overdue. Indeed, this initia- tive was originally conceived and promoted by property managers, and is still supported by many property manag- ers in New Jersey today. Legislation was introduced in New Jersey several years ago by motivated sponsors who agreed with our view that mandatory manager licensing would benefit our members. The preamble to the bill said this: “The Legislature finds and declares that the citizens and residents of New Jersey are entitled to the maxi- mum protection practicable when living in a community association, and that they be protected by the setting of clear licensing requirements for persons engaging in the practice of providing management services to a community association. It is therefore necessary and in the public interest to establish education, training and experience standards and to provide for appropriate examination of those persons who serve as common interest community managers.” This bill garnered significant support and eventually passed both chambers of the Legislature. It was then

“Legislation was introduced in New Jersey several years ago by motivated sponsors who agreed with our view that mandatory manager licensing would benefit our members.” The LAC’s task was then to resurrect the bill in the next legislative session, address the concerns of the Governor’s office regarding the estimated costs (which we believe were unfounded), seek passage of the new bill in both the Assembly and the Senate, and resubmit the bill to the new administration (Governor Murphy) for passage into law. But times had changed. During this time several states around the country had been successful in passing into law mandatory manager licensing, in varying forms, but with mixed results. One state, Colorado, allowed its manager licensing law to expire this year, stating that it hadn’t accomplished the goals it was intended to achieve [Virginia, on the other hand, has reported good results from its manager licensing law]. CAI’s national organization headquartered in Washington D.C. has adopted a policy of favoring voluntary certification of property managers over mandatory licensing. Further, one national property management firm with offices in New Jersey has adopted a policy opposing the idea of presented to then-Governor Christie for his signature and passage into the law of New Jersey. Unfortunately, the Governor did not sign the bill, citing the estimated cost to the State of administering the licensing program, so the bill did not become law.

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2018 CAI-NJ COMMITTEES

mandatory licensing of managers and favoring voluntary education and certification of managers. Last month your New Jersey LAC studied and debated at length our long-standing legislative priority of pursuing mandatory licensing here in New Jersey. It was decided, overwhelmingly I might add, that we owe it to the nearly 1.4 million people who live in CICs in our state to continue to pursue legislation that mandates manager licensing. It may not have been right for Colorado, but we believe it is right for New Jersey. Drafted properly, such a law will ensure that homeowner associ- ation boards and the members they serve will be assisted by proper- ty managers who have undergone appropriate education, training and testing in this field, and will provide proper safeguards and remedies to those associations who are ill-served by those managers who do not meet those standards. At the same time, if properly drafted, such a law will not be overly burdensome to the many people who endeavor to join the property management industry in our state, and who strive to provide high quality service to their CIC clients. As I’ve been known to say before, a rising tide lifts all boats… Such requirements will benefit the property management industry by making all managers and their firms better at what they do…serving their homeowner clients. And that in turn will benefit the homeowners, our constituents, who deserve nothing less. See you here next month! n

AWARDS COMMITTEE Dori Novick — Chair Andrew Linfante — Vice Chair Tana Bucca, Esq.

Glen Masullo, CMCA, PCAM Jack McGrath Michael Pesce, PCAM Paul Raetsch J. David Ramsey, Esq. Lisa Rayca

Angela Morisco, Esq. Steven Morris, RS Robert Roop

Board Liaisons: Lisa Vitiello, CPA Deana Luchs Staff Liaison: Jaclyn Oskierko FAST COMMITTEE Lauren Vadenais — Chair Kristy Winchock — Vice Chair Matthew Antico

Jennifer Carr Rich Cassilli Drew Cowley Gabby Grimes

Caroline Record, Esq., CCAL Audrey D. Wisotsky, Esq. Board Liaisons: Jean Bestafka Loren Lightman, Esq. Staff Liaisons: Larry Thomas, PCAM Laura O'Connor MANAGERS COMMITTEE Erin O'Reilly, CMCA, AMS, PCAM — Chair Glenda Carroll, CMCA, AMS, PCAM, LSM — Vice Chair Tracey Allen, CMCA, AMS Tony Nardone, CMCA, AMS Kerri Stimpson, CMCA, AMS Ilene Uydess, CMCA, AMS Elaine Warga-Murray, CMCA, AMS, PCAM Michelle Williams, CMCA Board Liaisons: Donna Belkot, CMCA, AMS Christopher Nicosia, CMCA, AMS, PCAM Staff Liaison: Angela Kavanaugh MEMBERSHIP COMMITTEE Lysa Bergenfeld, Esq. — Chair Nikolaos Haralambopoulos, CPA — Vice Chair Claire Diallo Tara M. Melick, CPA Steven Mlenak, Esq. Debbie Pasquariello, CIC, CIRMS Kathleen Radler Ken Shah Peter Throndson Briana Walsh Board Liaison: Loren Lightman, Esq. Mark Wetter, Esq. Staff Liaison: Laura O'Connor NETWORKING EVENTS COMMITTEE Jeff Cirkus, CMCA, AMS, PCAM Chuck Graziano, PCAM, CPM Dawn Mackanic, CMCA Kristina Munson, CMCA, AMS, PCAM

Vanessa Hilsdon, Esq. Christine Maldonado Vanessa Pena, Esq. Kari Prout Nicole Skaro Eileen Szelewicki, CMCA Tino Tandurella Mary Visco Sandi Wiktor

Jessica Baker, Esq. Jamie Cullen, CMCA Jessica Hatton Vincent Kazmierski Sierra Kressin, Esq.

Board Liaisons: Lisa Vitiello, CPA Mohammed Salyani, CPA Staff Liaison: Jaclyn Oskierko BUISNESS PARTNERS COMMITTEE

Jessica Long Rob Mignone Nicole Miller, Esq. Ashley Payne, CMCA Adrianna Rudzinsky, Esq. David Vargas Gabe Vitale Board Liaisons: Larry Sauer, CPM, CMCA, PCAM Jeffery Logan Staff Liaisons: Jaclyn Oskierko GOLF COMMITTEE Chris Belkot — Chair Paul Migliore — Vice Chair Raymond Barnes, CMCA, AMS, PCAM Scott Brandle Martin Cabalar, Esq. Patricia Clemente Eric Eggert Marty Ehrlich Robert Frustaci Keith Giliberti, PE, RS Matt Grobert Frederick Hodge

Robert Flanagan, Esq. — Chair Kim Manicone — Vice Chair Beth Barnett John Buglione

Bernie Cosentino Frank Gencarelli Toni Licciardi Julie Nole

Ken Sauter, Esq. Herman Shauger Amy Shorter Jessica Vail Patricia Ventura Gregory Vinogradsky, Esq. Lisa Wagner

Kristy Winchock Board Liaisons: Jeffrey Logan

Jennifer Nevins Staff Liaison: Angela Kavanaugh CONFERENCE & EXPO Cheryl Rhine — Chair Jay Burak — Vice Chair

Hank Johns Pete Katula Georgette Kyriacou Michael Polulak, Esq. Ross Rutman Christopher Tensen, CMCA, AMS Ryan Weiner Tom Witowski Board Liaisons: Larry Sauer, CPM, CMCA, PCAM Mark Wetter, Esq. Staff Liaison: Jaclyn Oskierko HOMEOWNER LEADER COMMITTEE Charles Lavine — Chair Bruce Kunz — Vice Chair Nina Bell Roslyn Brodsky Cheryl Palent Board Liaisons: Jean Bestafka Deana Luchs Staff Liaison: Angela Kavanaugh LEGISLATIVE ACTION COMMITTEE (LAC) George Greatrex, Esq. — Chair A. Christopher Florio, Esq. — Vice Chair Liz Comando, PCAM Barbara Drummond, CMCA, PCAM

Joe Bonafede Stacey Cadoff Jessica Chelkowski, CPA Ellen Comiski Sudeep Das John Echelmeier Eric Frizzell, Esq. Eleni Giannikopoulos Tanya Jimenez Barbara Kelly Terry Kessler, Esq. Konrad Kurach Steve Lang Denise Mack Patricia McGlone, Esq. Carol Nickerson

Jeffrey Paige, Esq. — Chair Pam Illiano — Vice Chair Denise Becker, CMCA, AMS, PCAM

Monica Caporosa Dean Catanzarite Diane Cody, PCAM

Rhett Cowley Steve Ferrara Angelo Giacchi Gary Gleitman

Fred Hodge Arthur Holl Allison Jacques Jessica Long Sharon Maldonado Jessica Marvel Daniel Reilly Chris Rosati David Shahrabani Mark Siwiak Jodi Smallwood Christina Smith Melissa Volet, Esq. Board Liaisons: Jennifer Nevins Benjamin Basch Staff Liaison: Jaclyn Oskierko

Kevin Oliver Kelley Rojas Harriet Schwarzber, CMCA, AMS Lenny Stern Jackie Thermidor, CMCA Board Liaisons: Donna Belkot Mohammed Salyani, CPA Staff Liaison: Angela Kavanaugh EDITORIAL COMMITTEE Kari Valentine, CMCA, AMS — Chair Mary Barrett, Esq. — Vice Chair Robert Arnone, CMCA, AMS David Cerra, Esq.

Matthew Earle, Esq. Vincent Hager, CIRMS Sue Howe, CMCA, AMS, PCAM Carol Koransky, CPA Steve Kroll Christine Li, Esq., CCAL James Magid, CMCA, LSM, PCAM Thomas Martin, Esq.

Joseph Chorba, CPA Jessica Flynn, Esq. Richard Linderman, Esq.

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CA-PAC WORKS HARD PROTECTING THE INTERESTS OF COMMUNITY ASSOCIATIONS

SUPPORT CA-PAC “A Dollar a Door”! The Community Association – Political Action Committee (CA-PAC) is a volunteer committee consisting of homeowners, professionals and managers who serve New Jersey’s community associations. CA-PAC was created to give our members a stronger voice in Trenton by supporting candidates who support key issues important to CAI-NJ members. Please do your part and support our 2018 “Dollar a Door” campaign. Donate $1 per door or at least $250.00 per year for com- munities and $25.00 for individuals. 2018 A Dollar a Door Community Associations • Cedar Village at East Brunswick • Manors at Lawrenceville • The Plaza Grande at Old Bridge • The Ponds • Union Gap Village Association • Wildflower Village COA

TO DONATE TO CA-PAC, SEND CONTRIBUTIONS TO: CA-PAC, 500 Harding Road, Freehold, NJ 07728 | or visit: www.cainj.org/capac

YES, I’D LIKE TO SUPPORT CA-PAC WITH A PLEDGE!

COMMUNITY ASSOCIATION DOLLAR PER DOOR __________________ X ____________________ $_________ Number of Doors A Dollar or More Total Pledge PROFESSIONAL PLEDGE __________________ X ____________________ $_________ Number of Doors A Dollar or More Total Pledge FLAT RATE PLEDGES Business Partner ............................................... $250-$500 $_________ Management Company ..............................................$500 $_________ Other ....................................................................................... $_________

Community/Company: ________________________________________________________________________________________________

Individual Name:_____________________________________________________________________________________________________

MailingAddress:______________________________________________________________________________________________________

City, State, ZIP:______________________________________________________________________________________________________

Phone:_________________________________________________________Fax: ________________________________________________

Email:________________________________ Occupation:______________________ Employer:_____________________________________

Employer Address:___________________________________________________________________________________________________

City, State, ZIP:______________________________________________________________________________________________________

Please make your CORPORATE or PERSONAL CHECK payable and mail to: CA-PAC, 500 Harding Road, Freehold, NJ 07728

Management Company Name: _________________________________________ (Community Association’s Only) DO NOT INCLUDE MY NAME OR COMPANY ON THE LIST OF CA-PAC CONTRIBUTORS

The New Jersey Election Law Enforcement Commission requires us to collect and report the name, mailing address, occupation and name of the employer of contributors whose contribution exceeds $300 in a calendar year. Contributions to CA-PAC are not deductible for federal income tax purposes. Contributions are not limited to suggested amounts. CA-PAC will not favor nor disadvantage anyone based upon the amounts or failure to make PAC Contributions. Voluntary political contributions are subject to limitations of ELEC regulations. CA-PAC contributions are not considered payment of CAI dues.

CA-PAC WORKS HARD PROTECTING THE INTERESTS OF COMMUNITY ASSOCIATIONS

Municipal Bonding Requirements – (A1425, S3233) - Last year, the legislature passed a law removing developers’ requirements to post performance and maintenance guarantees on construction not ultimately dedicated to the municipality. While intended only to apply to shopping centers, CA-PAC is concerned that our communities could be swept into the exemptions, and will be working to correct the oversight. Delinquencies and Expedited Foreclosures – (A2085, S1243) – We continue to attempt to work with the banks to maintain vacant units and assume responsibili- ty for maintenance fees while pushing for rent receiverships as an option. Municipal Services / Fire Hydrant Maintenance - (A1745) – CA-PAC is advocating for expansion of the municipal services provided to your community. Our top priority for now is passage of legislation that would ensure that your local municipal utility authority keep your neighborhood safe by properly maintaining fire hydrants, and we hope to make the cost of such maintenance fair by banning the practice of charging our associations more than their host municipalities. Electric Charging Stations - (A1030) - There is National and State legislation concerning the installation of electric charging stations for existing and future common interest communities. CA–PAC will be there to make sure you have say over when, where, and if to include these stations in your communities. DCA Inspections - (S1150) - This bill would reduce inspections from every 5 years to every 2 years. Solar Panel Installations – (A2469) - Recent legislation proposes controls for regulation and installation of solar panels in your community. Insurance Deductibles – (A2439) - Recent legislation proposes to prevent an association’s ability to transfer the responsibility for a damage claim’s deductible to homeowners in condominium associations. Snow Contractor Indemnification – (S665) - This legislation would require snow contractors to be indemnified for any damage or injuries as a result of their snow removal/ice control operations.

TO DONATE TO CA-PAC, SEND CONTRIBUTIONS TO: CA-PAC, 500 Harding Road, Freehold, NJ 07728 | or visit: www.cainj.org/capac

CAI-NJ 2018 PARTNERS

GAF Kipcon Inc. McGovern Legal Services, LLC mem property management, co., inc. Rezkom Enterprises, Inc. Taylor Management Company, AAMC, AMO

Ansell Grimm & Aaron, PC Associa Community Management Corp., AAMC Belfor Property Restoration Brown & Brown Insurance of Lehigh Valley C & L Sweeping & Pavement Maintenance DW Smith Associates, LLC FWH Associates, P.A. G & C Electronics

The Falcon Group - Engineering, Architecture & Reserve Specialists Wilkin & Guttenplan, PC

Greenbaum, Rowe, Smith & Davis, LLP Griffin Alexander, P.C. Hill Wallack, LLP Hillcrest Paving & Excavating, Inc. Jesan Construction and Maintenance JGS Insurance KPI 2 Contractors, Inc. L.N. Rothberg & Son, Inc. Landscape Maintenance Services, Inc. Mackoul Risk Solutions, LLC Morris Engineering, LLC National Contractors, Inc. NFP Property & Casualty Services, Inc. O & S Associates, Inc.

Pardini R Construction Corporation Popular Association Banking Quality 1st Contracting, Inc. R.M. Termite & Pest Control Radom & Wetter Attorneys at Law Rainbow G & J Painting, LLC Regal Restoration Republic Services of NJ, LLC Stark & Stark Suburban Consulting Engineers, Inc. Technocality, Inc. Towne & Country Management, Inc. USI Insurance Services Wilkin Management Group, LLC

Advanced Pavement Group Accent Group Becht Engineering, BT, Inc. Becker

Berman & Wright Architecture Engineering & Planning, LLC Buckalew Frizzell & Crevina LLP Capital One Bank, N.A. Corner Property Management Cowley’s Termite & Pest Control Services Curcio, Mirzaian & Sirot, LLC Cutolo Barros, LLC Denali Property Management, Inc. FirstService Residential, AAMC

Renda Roads, Inc. RMG, Regency Management Group, Inc., AAMC Shivers, Gosnay & Greatrex, LLC South Shore Construction, LLC Union Bank HOA Services

Giordano, Halleran & Ciesla, P.C. Hueston, McNulty, Attorneys at Law Mirra & Associates MyPropertyBilling.com, LLC National Cooperative Bank Peter Waldor & Associates, Inc.

Accurate Reconstruction Dan Swayze & Son, Inc. Diversified Property Management Environmental Designers Irrigation, Inc. Eosso Brothers Paving Felsen Insurance Services

CHAPTER TRENDS mem property management recently announced the hire of Duke Davis as a new property manager for its Marlton, New Jersey office. Davis brings over 20 years of pro- gressively responsible property management experience, overseeing the daily operations for thousands of condo- miniums, townhomes and single-family residences in New Jersey while working as a Senior Property Manager and Senior Project Manager with a large property management company in South New Jersey. Davis will have management responsibility for the day- to-day operations of a number of properties in South New • All submissions must come from and be about: - A member of CAI-NJ (Manager, Management Company, Board Member, Business Partner or Business Partner Employee) in good standing. • Companies/Communities are permitted four (4) announcements per calendar year. • Submissions are limited to 150 words. - Members are responsible to condense the information appropriately, as CAI- NJ will not do so. Any submissions over 150 words will not be published. Chapter Trends Editorial Guidelines

mem property management Hires Duke Davis as Property Manager

Jersey. Davis’s key areas of oversight will include man- aging and delegating maintenance staff and contractors, property repairs and maintenance and owner and board relations. “Duke is ideally qualified to serve the residents of our residential properties in South Jersey with a level of per- sonalized service based on years of experience in the New Jersey residential real estate market,” said Martin H. Laderman, founder and CEO of mem property manage- ment, “we are very excited to have Duke join our outstand- ing team as a new property manager.” n

• Submissions may include (1) image. • Submissions should not be advertorial in nature.

Please note, CAI-NJ reserves the right to edit any submissions. The chapter reserves the right to omit information as necessary. CAI-NJ has the exclusive right to refuse to publish any submissions for any reason. For questions regarding the Chapter Trends section of Community Trends ® , please contact jaclyn@cainj.org or 609-588-0030.

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CAI-NJ Board of Directors Adopts BEST PRACTICES FOR MANAGEMENT TRANSITION Created by the 2017 & 2018 Managers Committees By Christopher Nicosia, MM, CMCA, AMS, PCAM, Prime Management, Inc., AAMC

© iStockphoto.com

A t the April 2018 Board of Directors meeting, the CAI-NJ Board of Directors adopted the Best Practices for Management Transition that were created by the 2017 & 2018 CAI-NJ Managers Committees and recom- mended for adoption by the 2018 Managers Committee. The Management Transition Best Practices were created because the Managers Committee identified the lack of a uniform approach to management transition when com- munities decide to change management. The Committee recognized the importance of establishing an approach for transition that minimized disruption to affected com- munities while facilitating a professional and efficient mechanism to transfer necessary information and files. The “Best Practices” resulted from months of evaluating various processes followed by several industry leaders in the man- agement field. The result is a simple, yet detailed set of best practices that provides an efficient and straightforward approach to the management transition process. The Best Practices in Management Transition document is a guide that CAI-NJ hopes will be followed by all our

member companies and communities when a management transition is necessary. It facilitates a professional process and keeps the stability of the community as the primary focus during the change. We are excited to see important industry guidelines com- ing from our active, knowledge and engaged committees and support the many industry professionals who continual- ly contribute to this process. For the full text and sample letter that were created as part of the Management Transition Best Practices, please go to: www.cainj.org/membership/managers/. CAI-NJ Management Transition Best Practices Management transition is inevitable from time to time as Associations change and evolve. As manager members of CAI-NJ, it is our responsibility to work collaboratively when transitioning clients to minimize disruptions. CAI-NJ believes that cooperative efforts amongst management members helps maintain professional relationships and fosters a positive image to community associations during times of CONT I NU E S ON PAGE 16

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BEST PRACTICES... from page 14.

ability; if it finds it is unable to meet any of the stipu- lated deadlines, it must advise the new management company and mutual client and provide the soonest possible date it will be able to achieve task. ✔ Both parties shall maintain an open dialogue to address concerns as they arise. • Both parties must cooperate in the best interest of the mutual client with a goal of minimizing disruptions to the Association. ✔ Mutual client shall be kept abreast of status of the trans- fer process. • Both parties shall provide regular updates on transfer progress to the mutual client. ✔ All Association files shall be transferred. • As a reminder, management does not own the files of an Association, but only serves as a custodian during the term of service. Upon dissolution of the relationship, all files must be transferred. - Files should be inventoried, boxed in a method- ical fashion and the inventory listing should be placed onto sign-off sheets for both parties to

transition. It is important that industry standards and pro- fessional ethics are maintained during the process. Above all, the parties should focus on a successful and seamless transition on behalf of the Association. Below is a list of best practices and a suggested letter template that members are encouraged to follow for the transition of a community. Summary of Transition Process ✔ Upon execution of new management agreement, new management should provide a letter to the outgoing management company or individual manager (if no management company) within ten (10) days outlining specific needs and a timeline for transfer. ✔ Upon receipt of the transition letter, outgoing manage- ment shall comply with the request to ensure the speci- fied timeline is met. • The outgoing management company shall follow the specified timeline outlined in letter to the best of its

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sign. Both parties should keep a copy of the signed inventory sheet; the invento- ry provides a chain of custo- dy record to ensure files are not lost during the transition.

CAI-NJ presents these best practices in an effort to provide a standardized method for transitioning Associations from one management company or individual to another with minimal disruption to Association operations. Transparency and communication are key elements to a successful manage- ment transition and CAI-NJ wishes to set guidelines to ensure Associations are afforded a smooth and transpar- ent process to change management as the need arises. Below is a tem- plate that management companies may adopt when notifying outgoing management of transition needs. n

ATTENTION ALL CAI-NJ SEMINAR ATTENDEES:

© iStockphoto.com

Please remember to keep your seminar completion certificates in a safe place. These certificates are distributed at the end of each CAI-NJ seminar. This is proof that you attended and completed the seminar. You may need to reference the certificate in the future and CAI-NJ does not keep track of each member’s attendance record. Community managers will definitely need the certificates to obtain credit for continuing education towards their designations.

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Thursday, September 20, 2018 Stonebridge Community Association 1 Cobblestone Blvd, Monroe Township, NJ 08831

CAI-NJ LEGAL FORUM WHAT WOULD YOU DO? LEGAL ISSUES IMPACTING COMMUNITY ASSOCIATIONS

THANK YOU TOOUR PANEL INCLUDING: (Left to right: Martin C. Cabalar, Esq., Becker & Poliakoff LLP; Jason Sena, Esq., Cutolo Barros, LLC; Christine F. Li, Esq., Greenbaum, Rowe, Smith &Davis LLP; Scott Penick, Esq., McGovern Legal Services, LLC; MaryWynn Seiter, Esq., Buckalew Frizzell &Crevina LLP)

On September 20th, Stonebridge Community Association hosted the CAI-NJ membership for thesecondyear, an interactivepanel discussionwhereproperty managers and community boards were able to pose questions to our esteemed panel of legal experts on topics such as elections, emotional support animals, and insufficient reserves as well as other questions related to legal issues that boards andmanagement companies are currently facing.

Getting into the Weeds By Robert N. Roop. P.E., Lockatong Engineering and David H. Greenwald, FirstService Residential, AAMC

A construction project for a condominium asso- ciation is relatively straight forward to award. Retain an engineer, design the project, develop plans and specifications, solicit and evaluate contractor proposals, make an award and perform construction monitoring to ensure the project is built as designed. But what happens when the project can’t be so well defined like landscape maintenance? What are the important factors in defining the scope of services, soliciting bids and monitoring a contractor’s performance? Let’s start with the scope of services: mowing, trimming, mulching, weeding, clippings removal, leaf collection. All of these services can be subjective as to the level of perfor- mance. Is mowing based on maintaining a grass height? Frequency of mowing? Then comes mulching. How many inches deep? Coarse or finely ground? When defining the scope of services, a review of the associations’ governing documents is

description of the community should also be reviewed; no board member wants to find out that the association has been paying the landscape contractor to mow the neighbor’s field. Defining the scope of services must be a customized process for each association. Perhaps you have a good relationship with your current landscaper. A negotiated renewal could be the approach you take. First, look at the past proposal and scope of work upon which the cur- rent contract is based. Sit down with the landscaper and review performance. Tighten up the scope of work, add measurable performance objectives, and add or remove services. A measurable objective could be to maintain hedge height at 42” plus or minus 3”. With unpredict- CONT I NU E S ON PAGE 22

also required. This is a critical step as all parties involved must understand the association’s responsibilities when it comes to maintaining com- mon areas. The metes-and-bounds

"Sit down with the landscaper and review performance."

© iStockphoto.com

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Stuff Happens.

Does your legal team take action Before, During, and After issues arise?

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CONTACT : ROBERT C. GRIFFIN, ESQ. OR JENNIFER L. ALEXANDER, ESQ.

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WEEDS... from page 20.

Some specifics of scope in your request for proposals could be:

Grass mowing: Frequency or height-based performance standard.

able weather, it may not make sense to demand 24 mowing’s per season when a height-based performance standard like maintain grass height 2½ - 4” would be better. It is important to involve board members and the landscape com- mittee. It might even be worthwhile to involve the homeowner that is the loudest critic of past performance. While a committee-based approach may take a bit longer and present certain challenges, it can also make the final agreement (not to mention management and the board) less susceptible to broad based criticism or revision due to an oversight or omission. With good faith and trust between all parties, a negotiated renewal with a current vendor that incorporates lessons learned, could be the best solution for your community. However, keep in mind that due diligence is still required. If you are looking to make a change in contractor, research becomes criti- cal. Drive around to look at similar communities in the vicinity. If they look good, find out the name of the con- tractor that maintains that property. If you are in a large management com- pany, confer with your colleagues. Look in the CAI-NJ Membership Directory. Call 3 – 5 companies of the size needed for the magnitude of your community and discuss elements of service. In your initial discussion with contractors, you will probably get some ideas of how to define scope in your request for proposals. Ask for a proposal with 2 – 3 service package options based on your experience.

Hedge clipping: Maintain height and width dimensions plus or minus X inches.

Leaf cleanup:

Beginning and end dates of leaf removal and how many removal cycles will there be during leaf season.

Storm damage: Minor damage not causing a delay in normal land- scape maintenance should be in normal scope of work.

Herbicides:

This can be a hot button issue, allowable types and application periods should be defined — resident notification, and warning signage as required by law. One of the biggest challenges is the subjective measure of weeding – “Neat and orderly appearance” is the industry standard with a couple of metrics. Some finicky owners want to maintain their own plant- ings. Carefully define the specific area(s) carved out and make sure they conform to the governing docu- ments. This can be a touchy subject, but the question here should be about what the association is purchasing. Is it buying a process, a result, a bit of both? Some communities want specific numbers of personnel on site for specific numbers of days each week. However, the more well defined the scope, the more flexible man-hour and days-per-week requirements can be – this flexibility can be very beneficial to all parties involved. Reducing focus on man-hour requirements while increasing focus on performance standards may lead to better results. Presence on site will depend on the community’s wants, needs, and finances. For large properties one day per week minimum, three days per week maximum could be a good range. Crew size will also be dependent on size and type of property.

Weeding:

Owner responsibility:

Time on site

Winter pickup:

Reports and meetings:

Define reports required and meetings to be held with landscaper.

After you have selected your con- tractor and they have begun work, a weekly evaluation of performance is a must. On a large site, 40% or more of a single manager’s time could be spent on landscape, landscape work

orders, and performance evaluation of the landscape contractor. Develop a checklist to be submitted weekly by the contractor: • Completed tasks

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• Problems • Omissions from scope and why Send the weekly reports to the landscape committee or the board of directors. For seasonal activities, do a walk through with the landscape contractor supervisor. For example: Mulch com- pleted and to the proper depth; leaves were all removed as of this date. Provide the documentation to the land- scape committee, board of directors, and the contractor. Schedule quarterly meetings with mul- tiple levels of contractor management. The site supervisor in the same room with the account manager and compa- ny president will impress upon the land- scape company how seriously the com- "Education of the community is almost as important as managing the landscaper." munity views landscape appearance. It can have a very positive effect on performance. This is the time for a mutu- al check-in, review of weekly checklists and any mid-course corrections. Be careful of scope creep. Severe storm damage requires a new work order. Owners may request the con- tractor perform separate work on their specific unit. Make sure the contractor understands they must have a separate contract with that owner, that double dipping on labor is not allowed, and the bylaws may require adherence to an approved planting list. Have a year-end performance eval- uation. What went well and what

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CONT I NU E S ON PAGE 24

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WEEDS... from page 23.

could be improved? Hopefully, the landscape committee or board of directors will be satisfied and you will be able to negotiate next year’s con- tract with a known quantity. Education of the community is almost as important as managing the landscap- er. Leaves still fall in February long after leaf cleaning season is over. Extended rain, like we have had in 2018, will make mowing of steep slopes and wet areas difficult and even destructive or dangerous. Nothing looks good in a drought or immediately following a destructive storm. Owners must have realistic expectations, even with high performance standards. We are deal- ing with living, growing organisms. If perfection is expected, tear it up; put down AstroTurf and plant plastic. n

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HML-4488 construction ad mech02.qxp_1/2 pg vertical 9/17/15 4:14 PM Page 1

Your requests are welcome...

Who canYOUR Association count on today for guidance in Transition and Construction Defect Litigation?

Readers of Community Trends ® can ask the Editorial Committee of the magazine for their feedback about any issue facing the community association industry. The committee is made up of legal, insurance, engineering and property management professionals with a wealth of information and experience specific to community associations.

A Professional Corporation

Hueston McNulty, P.C. Defense and General Counsel Serving New Jersey, New York & Pennsylvania N Value–Experience–Quality We provide our Association clients with qual- ity and value.We strive to solve the problem– resolve the issue–and make life easier for our Associations and their property managers. Samuel J. McNulty, Esq. smcnulty@huestonmcnulty.com /www.huestonmcnulty.com Tel: 973-377-0200 / Fax: 973-377-6328 Florham Park - Sparta - Toms River - Philadelphia - Manhattan

Letters and e-mails should be directed to: Jackie Oskierko CAI-NJ 500 Harding Road Freehold, NJ 07728 Phone: (609) 588-0030 Fax: (609) 588-0040 Email: jaclyn@cainj.org

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2019 Annual Awards Dinner CALL FOR NOMINATIONS NOW OPEN!

Deadline to submit nominations is Friday, January 4, 2019 Each year, theNew Jersey chapter of Community Associations Institute celebrates excellence in the industry during the Annual Awards Dinner. There is no limit to the number of nominations a person can submit, and self-nominations are welcome. Award winners will be contacted directly by CAI-NJ staff if they are selected.

Nominations are now open for the following categories: • CAI-NJ COMMITTEE CHAIR OF THE YEAR • CAI-NJ COMMITTEE OF THE YEAR • CANDICE BLADT COMMUNITY MANAGER OF THE YEAR • COMMUNITY ASSOCIATION BOARD OF THE YEAR • OUTSTANDING YOUNG PROFESSIONAL OF THE YEAR

GENERAL RULES: 1. Nominees must be a CAI-NJ member in good standing. (Please contact the CAI-NJ office to confirm) 2. You must be a CAI-NJ member to submit a nomination. 3. Nominations must be completed in accordance to the requirements listed in the following pages required by each category. 4. All nominations must be received by CAI-NJ no later than Friday, January 4, 2019. 5. All information requested must be completely filled out to be accepted as a nomination. Nomination packets can be submitted the following ways:

• Electronically filed on CAI-NJ website: www.cainj.org

• Emailed to info@cainj.org • Faxed to 609-588-0040 • Mailed to CAI-NJ, 500 Harding Road, Freehold, NJ 07728, Attn: Awards Nominations

Questions? Contact CAI-NJ at info@cainj.org or 609.588.0030.

Please provide your contact information for your nominations.

Name:_____________________Company/Community:______________________ Phone:___________________ Email: _________________________________

CAI-NJ Committee Chair of the Year

Nomination Information

Please fill in all the information below. Incomplete applications will not be accepted. You may attach additional pages and other supporting documents to this application.

PLEASE CHECK OFF ONLY ONE FROM BELOW

___Dori Novick (Awards) ___Robert Flanagan, Esq. (Business Partner) ___Cheryl Rhine (Conference & Expo) ___Kari Valentine, CMCA, AMS (Editorial)

___Lauren Vadenais (F.A.S.T.) ___Chris Belkot (Golf) ___Charles Lavine (Homeowner Leader) ___George Greatrex, Esq. (LAC) ___Erin O’Reilly, CMCA, AMS, PCAM (Managers)

___Lysa Bergenfeld, Esq. (Membership) ___Jeffrey Paige, Esq. (Networking Events) ___James Rademacher (CA-PAC)

Please describe what this nominee has done as the chair of their respective committee to earn your nomination. (Minimum of 350 words.)

CAI-NJ Committee of the Year

Nomination Information

Please fill in all the information below. Incomplete applications will not be accepted. You may attach additional pages and other supporting documents to this application. PLEASE CHECK OFF ONLY ONE FROM BELOW

___Managers Committee ___Membership Committee

___F.A.S.T. Committee ___Golf Committee

___Awards Committee ___Business Partner Committee ___Conference & Expo Committee ___Editorial Committee

___Networking Events Committee ___CA- Political Action Committee

___Homeowner Leader Committee ___Legislative Action Committee

Please describe what this committee has done to earn your nomination. (Minimum of 350 words.)