Community Association Connection Winter 2020

RESOURCES & BEST PRACTICES FOR THOSE SERVING WNY COMMUNITY ASSOCIATIONS ASSOCIATION WINTER 2020 No Secrets... Allowing Access to Association Records As members of your association, homeowners have the right to access and review official documents and records. There should be nothing secret about the business of your association. Ideally, every homeowner should be given key documents CAI Adopts New Public at the time of purchase including the declaration and by- Policy on Assistance Animals laws, and rules and regulations. If not, you may want to consider placing them on your website or offering copies and Pets in Community for a fee. Many Boards also place their minutes on their Associations website. Other documents/records commonly requested include: • Insurance policies • Financial statements and annual audits • Current contracts • Leases and agreements • Ballots and proxies It is advisable to have a policy in place regarding the request and review of association records such as the one below. Request and Review of Association Records Policy Please send the board a request in writing specifying exactly what records you wish to The new policy seeks to harmonize review, the date of those records and the purpose of your request. the rights of individuals with disa- The board will respond to your request within 30 days. During that time the board or bilities who benefit from assistance manager will locate the correct documents and get them ready for you. animals with the need for commu- The records you requested will be available for your review during regular business nity associations to adopt rules hours at the manager’s office for 30 days after we process your request. pertaining to assistance animals. The association will make copies of records for a reasonable fee. Please do not request documents that infringe on the privacy of an individual like View CAI’s full list of public medical or personnel records. These are not public records, and the association will policies at www.caionline.org/ not make them available. Salary information is available in the aggregate, but not for publicpolicies individuals. Some requests might also be denied if they involve ongoing legal or con- tractual obligations that might expose the association board or manager to liability. Community Association Connection - Winter 2020

ASSOCIATION CAI Business Partners program allows companies that provide a product or service to the industry to join WINTER 2020 the association and provides partners a forum to net- work and connect with our members. 2020 - 2021 CAI WNY Board of Directors As a Business Partner member, you will gain access to President: Bonnie Gionta our network of members and a wide range of benefits. Vice President, USI Insurance, Rochester Business Partner members also receive discounted rates for CAI print and digital advertising as well as some ex- Treasurer: Patrick Socker clusive sponsorship opportunities and list rentals. To VP Business & Professional Banking, M&T Bank, Rochester learn more visit caionline.org. Secretary: Jean Kough Celebrating 25 Years of Service: 1995—2020 Quaker Hollow HOA, Orchard Park Dedicated , Professional Managers Board Members & Staff Ready to Meet Your Anita Smith Association’s Needs CEO, Kenrick Corporation, Rochester Daniel Grabowski, President Corey Auerbach, Esq. & CAI WNY Board Member Partner, Barclay Damon, LLP, Clarence Main office: 4804 Transit Road • Depew, NY 14043 Satellite office: 33 Bristol Place • Ellicottville, NY 14072 Dan Grabowski President, Fairwood Management Phone: 716.656.9700 Robert Marvin President, Realty Performance Group, Rochester Kris Fulmer, Chapter Executive Director P.O. Box 764 East Rochester, NY 14445 585.730.2485 [email protected] Website: caiwny.org National Website: caionline.org Advertising Rates (per issue) 1/8 page $85 b&w $100 color 1/4 page $125 b&w $150 color 1/2 page $175 b&w $ 200 color full page $225 b&w $250 color ASSOCIATION is published by the CAI Western New York Chapter Publisher: CAI WNY Printing: CDS Printing Newsletter Editor & Design/Layout: Kris Fulmer Contributing Writers: Ronald S. Shubert, Esq., Corey Auerbach, Esq., Bonnie Gionta, CIC, Steven Grimaldi, CIRMS Images cover: Files photo by Roma 1880 from pixabay, pet photo by thevi- brantmachine from Pexels p.4 comics from https://gogladly.com/hoa -comics/ p.6 Civility Pledge from https://www.caionline.org/ HomeownerLeaders/CivilityPledge/Pages/default.aspx p.7 hairdryer photo by krazycouponlady p.9 NY state graphics from https:// www.caionline.org/Advocacy/LAC/NY/Pages/default.aspx This publication attempts to provide CAI-WNY’s membership with information on community association issues. Authors are responsible for their expressed opinions and for the authenticity of all presented facts in articles. CAI-WNY does not necessarily endorse or approve statements of fact or opinion made in this publication and as- sumes no responsibility for those statements. This publication is issued with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. All contributed articles must be original work; all previously published works must be accompanied by the publisher’s authorization to reprint. Community Association Connection reserves the right to edit contributed articles for clarity and length, and reserves the right to refuse to publish any contributed article. Permission to reprint is hereby granted provided: 1.) Notice is given to the publisher at 585.730.2485 and 2.) Proper credit is given as follows: Reprinted from Community Association Connection. Copyright by CAI-WNY Chapter, all rights reserved. © CAI- Western New York Chapter 2020 Community Association Connection - Winter 2020

President’s Corner Looking Forward! Bonnie Gionta, Chapter President I am proud to be serving as your Chapter President and working with our Executive Director , Kris Fulmer and Board of Direc- tors, including our newest members Jean Kough of Quaker Hollow HOA in Orchard Park, and Anita Smith, CEO of Kenrick Cor- poration in Rochester. Together, we are pleased to announce our Calendar of Events for 2020 comprised of educational pro- grams, networking events and professional development opportunities. You may notice a variety of new venues , a twist on our trade show, as well as the addition of a breakfast program and holiday gala with awards ceremony! We have also introduced a new event sponsorship and advertising package, making it easier for businesses to market them- selves while supporting our mission. Increasing outside funding is a key goal for 2020. Other goals include increasing chapter membership to 300 and providing high interest programs and quality resources to our members. Member feedback and comments guide us in our planning. We rely heavily on you, our members , to tell us what programs and courses you would benefit from or need. Just drop us a line at [email protected]. Anyone working towards, or main- taining property management credentials will earn CE credit for attending any of our events this year. Part of providing quality resources is improving upon our quarterly newsletter, Community Association Connection. We are striving to add more color and content such as “HOVL Spotlight”, and “Ask the Experts”, as well as articles of interest. If you would like to contribute an article, please email it to [email protected]. I look forward to all our chapter has planned for 2020 and hope to see you at the upcoming legal panel! Welcome! We are pleased to welcome the following new members to CAI WNY: • ClickPay • Gerard Drinkard, President Amber Meadows, Clarence Center, NY • Kelley Ross Brown Woods Oviatt Gilman LLP, Rochester, NY Community Association Connection - Winter 2020

Ask the Experts QUESTION Ronald Shubert, Esq. We have a Unit that has a reverse mortgage on it and the Homeowner is now deceased. What is our recourse? ANSWER A reverse mortgage is no different than a purchase money mortgage in that it is a lien on the property and, if not paid upon the death of the Owner, the bank or holder of the mort- gage, will foreclose it. In the case of a purchase money mort- gage, the Homeowner borrows money from a lender to pur- chase the home. In the case of a reverse mortgage, the Homeowner borrows money against the equity of the home. There are several ways of dealing with the situation of un- paid assessments. The first being contacting the executor of the estate and, if satisfactory results are not achieved, the Association can foreclose its Association lien, subject to the reverse mortgage. QUESTION When a bank foreclosure has been commenced, how can we “get ahead” of the process to get the money owed to the Association? ANSWER Once A lender commences a foreclosure, it is very difficult to “get ahead” of that foreclosure. The Association should have in place a collection policy so that it proactively col- lects past due assessments. Typically a bank will not start a foreclosure until a Homeowner is at least six months behind in the payment of a mortgage, and usually the bank foreclo- sure is a long process (more than one year). For this reason, I recommend that an assessment collection policy be adopt- ed by the Board of Directors and that it be strictly followed. QUESTION Please explain the appropriate steps to take and when to take those steps when a Homeowner falls behind on the As- sociation assessments. ANSWER Your Association should adopt an assessment policy which involves the Board, management company and attorney. Typically, the management company will forward a past due notice to the Unit Owner in compliance with the Declaration and By-Laws of the Association (typically 15 days after the assessment is past due). Usually, the delinquency will be turned over to the Association attorney once the Homeown- er is 30 days in arrears. At that point, the attorney sends a “30 day demand letter”. If the debt remains unpaid, a lien is filed. The lien should be foreclosed once the Homeowner is six (6) months delinquent or the amount due is more than $5,000.00. Ronald S. Shubert, Esq. is a partner in the law firm of Phillips Lytle LLP. He represents over 300 Community Associations in Upstate New York . Community Association Connection - Winter 2020

Events Calendar Chapter Events Community Association Connection - Winter 2020

Community Matters! HOVL Spotlight: Francine O’Neill- President, French Court West Condominium Rochester, NY Francine “Fran” O’Neill was nominated for the Homeowner Volunteer Leader Spotlight by Jeff Hawkes, CMCA, AMS of Clover Management in Williamsville, New York. Fran has served on the Board of Managers of the French Court West Condominium since 2003 and as the board president for most of those years. She is an invaluable part of the community as she has extensive knowledge of the his- tory of the association. She and her husband Bob have lived at French Court West since the late 1970’s when it was still an apartment complex. They bought their unit with a gorgeous view of the Erie Canal, when it was converted from an apartment to a condominium in 1980. Fran is always available to hear the concerns of the owners , many of whom she has known for years. She believes in looking out for, and taking care of her neighbors. It was how she was brought up, and how she feels community life should be. Fran has noticed it has become increasingly hard over the years to get people interested in the association, much less serve on the board, but her commitment to stewardship has not waned. Fran always has the best interests of the association first in mind. As a former banker, she treats the association funds like it was her own money. Whether working on negotiation contracts for the best value or reviewing insurance or legal documents to ensure all T’s are crossed and I’s dotted, she has been a constant reliable volunteer who has done this challenging thankless task for 17 years. Under Fran’s direction, the association has completed major roofing, blacktop and drainage projects. Fran hopes to start plans for the replacement of fencing and siding soon. Many thanks to Fran for her many years of service and dedication! The Community Association Civility Pledge Community associations are comprised of people with different ide- CAI strives to promote harmony, community, responsible citizenship, als, preferences, and values. The Community Association Civility and effective leadership with this initiative. In the process, they make Pledge provides a framework for effective community conversations. life better for the millions of people living in community associations around the world. How we talk about things matters. While we may be able to share our views with people who already agree with us, sharing our opinions How Can You Make It Happen? while leaving room for someone’ else’s viewpoint can be challenging. Adopting the Civility Pledge starts with YOU! How can we seek to listen to those who hold different beliefs? How can we respectfully disagree? 1. Distribute the document throughout your community, announc- ing and publicizing where and when the adoption will be considered. Community association boards are regularly faced with challenging 2. Explain why this is important to your community and the benefits and complex issues that can spark strong emotions. A critical respon- it can create. sibility of a board leader is to facilitate community conversation 3. Review and discuss the merits of the principles at an open meet- about these important issues. By adopting the Community Associa- ing of your board of directors. tion Civility Pledge, community association boards commit to em- 4. Solicit input from homeowners. bracing principles that establish a framework for effective community 5. Hold a board vote to adopt a resolution endorsing the Community conversations. Association Civility Pledge. Community association boards use this framework to lead their com- 6. Share the news of adopting the Community Association Civility munities through conversations about difficult and complex issues Pledge throughout your community regularly, post on your website, and harmonizing feedback from residents resulting in decisions that social media, and on every community association meeting agenda. are informed and well balanced for the community as a whole. 7. Tell CAI that you’ve adopted the Community Association Civility Pledge so they can share the information on their website. Community Association Connection - Winter 2020

Insurance & Risk Management Risk Prevention Freezing Pipes Bonnie Gionta, CIC Did You Know? Generally, pipes that are exposed to outdoor temperatures freeze more readily, such as hose bibs, swimming pool lines and water sprinkler lines. Pipes that run along exterior walls in the home with minimal insulation also tend to freeze more easily. Read on for some hints to help keep your pipes from freezing. Use the following recommendations to prevent frozen pipes in your home: • Insulate pipes in unheated interior areas, such as crawl spaces and attics. • Wrap pipes in heat tape or thermostatically controlled heat cables. • Open cabinet doors to expose pipes to warm air. • Seal any leaks with caulk or insulation. caionline.org • Disconnect outdoor items such as hoses and faucets. • Shut off these items completely using an indoor valve and allow the excess water to drain out. • Trickle a little water out of your faucets periodically to keep water moving within the pipes. • Keep your garage door closed if there is a water supply in there. • Keep your thermostat set at the same temperature during the day and night. • Do not set your thermostat lower than 55° F when going on vacation. Ask someone to periodically check the tem- perature in your home while you are away. Safety First! If you turn on a faucet and no water or only a trickle comes out, your pipes may be frozen. Turn off the main water valve and keep the faucet on. Apply heat to the pipe by using an electric heating pad, hair dryer or portable space heater, or by wrapping the pipe in towels soaked in hot water. You should apply heat until you regain water pressure. If this does not solve the problem, contact a licensed plumber to inspect your Community Association Connection - Winter 2020

THE MARKETPLACE ACCOUNTANTS IRRIGATION Crofton Perdue Associates, Inc. Clark & Nahill, CPA LLP American Irrigation. Inc. 111 Marsh Rd. 1325 Union Hill Rd. 5474 Shunpike Rd. Pittsford, NY 14534 West Seneca, NY 14224 Lockport, NY 14094 585.248.3840 716.674.4459 716.438.0417 [email protected] Paul Clark, CPA Jay Few Barbara Perdue ATTORNEYS INSURANCE Fairwood Management Barclay Damon LLP John J. Grimaldi & 4804 Transit Rd. #1 9276 Main St., Ste. 3 Associates, Inc. Depew, NY 14031 Clarence, NY 14031 137 Summer St. 716.656.9700 200 Delaware Avenue Buffalo, NY 14222 Dan Grabowski Buffalo, NY 14202 716.636.1355 Kenrick Corporation 716.858.3801 Steven Grimaldi, CIRMS 3495 Winton Place, D-4 [email protected] See display ad on page 7 Rochester, NY 14623 Corey A. Auerbach, Esq. Lawley Insurance 585.424.1540 Phillips Lytle LLP 501 John James Audubon Pkwy Ste. 302 [email protected] One Canalside, 125 Main St. Amherst, NY 14228 Anita Smith Buffalo, NY 14203 716.636.5800 LMM PROPERTIES, INC. 28 East Main St., Ste. 1400 [email protected] PO Box 904 Rochester, NY 14614 Stuart Scheff Amherst, NY 14226 Buffalo: 716.847-5491 See display ad on page 9 716.693.4670 Rochester: 585-223-2000 ext 5491 USI Mary Fildes [email protected] 777 Canal View Blvd. Ste. 100 Realty Performance Group Ronald S. Shubert, Esq. Rochester, NY 14623 1800 Hudson Ave. Ste. 100 Trevett, Cristo, Salzer & Andolina 585.736.5908 Rochester, NY 14617 2 State St. Ste. 1000 585.736.5850 fax 585.225.7440 Rochester, NY 14614 [email protected] Robert.marvin@ 585.454.2181 ext 118 Bonnie Gionta, CIC, VP realtyperformancegroup.com [email protected] See display ad on page 5 Robert Marvin William LaForte, Esq. LANDSCAPE SERVICES PAINTING CONTRACTORS Woods Oviatt Gilman LLP One Step Tree & Lawncare CertaPro Painters 1900 Bausch & Lomb Place 4343 Buffalo Rd. 7220 Porter Rd. Rochester, NY 14604 North Chili, NY 14514 Niagara Falls, NY 14304 585.987.2824 585.594.1095 Dominic Ventresca [email protected] Steve Lukins Fell & Szmania Painting Kelley Ross Brown, Esq. MANAGEMENT COMPANIES 6196 Bridlewood Dr. South BANKS Andruschat Real Estate East Amherst, NY 14051 M&T Bank Services, Inc. 716.741.3262 3 City Center P.O. Box 448 [email protected] 180 S. Clinton Ave., Ste. 600 Getzville, NY 14068 Steve Toth Rochester, NY 14604 716.688.4757 SECURITY SERVICES 585.258.8453 James Andruschat, CPM, Allied Universal [email protected] AMS, President 455 Delaware Ave. Ste. 101 Patrick Socker Clover Management Buffalo, NY 14202 348 Harris Hill Rd. 716.852-0738 Williamsville, NY 14221 [email protected] Toll Free: 866.GOCLOVR Kelly Kehoe [email protected] Jeffrey Hawkes, CMC, AMS Interested in having your business listed in ? contact Kris Fulmer at [email protected] Community Association Connection - Winter 2020

Rulings & Legislation NY State Legislative Action Committee (LAC) The New York State Legislative Action Committees (LAC) works to monitor state legislation, educate lawmakers, and protect the interests of those living and working in New York community associations. The committee is comprised of homeowner leaders, community managers, and representatives from community association business partners who graciously volunteer their time. Several CAI WNY members currently serve on the NY State LAC including Treasurer, Mary Fildes of LMM Properties, Inc., Tonawanda, Secretary, Carole Riehman of Cross Creek Homeowners Association in Henrietta, Chapter Delegate Members Jean Kough of Orchard Park, and Ronald Shubert, Esq. of Phillips Lytle LLP, in Buffalo, LAC Delegate Member James Andruschat, Jr, of Andruschat Real Estate Services in Getzville, and Administrator Frank Lysiak of Rivermist Homeowners Association in Buffalo. We thank them for their time and service! To see the current legislation being tracked by the NY State LAC visit: https://www.caionline.org/Advocacy/StateAdvocacy/ Laws/Pages/NY.aspx New York State Community Associations facts & figures The most important action you can take as a property manager to increase your earning potential, accelerate your career, and grow your business in this booming industry is to obtain credentials that keep you sharp and competitive. CAI's Professional Management Development Program and credentialing program can help you achieve these goals. Visit caionline.org to learn more! Community Association Connection - Winter 2020

THANK YOU TO OUR 2020 PRECIOUS METAL BUSINESS SPONSORS PLATINUM CLOVER MANAGEMENT, INC. FAIRWOOD MANAGEMENT GROUP JOHN J. GRIMALDI & ASSOCIATES, INC. KENRICK CORPORATION REALTY PERFORMANCE GROUP USI INSURANCE SERVICES GOLD ANDRUSCHAT REAL ESTATE SERVICES, INC. SILVER BARCLAY DAMON LLP LAWLEY INSURANCE LMM PROPERTIES, INC. PHILLIPS LYTLE LLP AMERICAN IRRIGATION BRONZE M&T BANK CERTAPRO PAINTERS ONE STEP TREE & LAWNCARE CLARK & NIHILL CPA LLP CROFTON PERDUE & ASSOCIATES, INC. FELL & SZMANIA PAINTING WOODS OVIATT GILMAN LLP See the MARKET PLACE on page 8 for complete Business Sponsor information. Community Association Connection - Winter 2020

Community Association Connection - Winter 2020

CAI WNY Membership Referral Incentive! Recruit board members, property managers and service providers to join CAI WNY and receive a Target gift card! Just ask them to list you as the referral on their membership application. Once you have reached 10 referrals you can choose to receive a $15 gift card or wait and cash in on the total of your referrals at the end of the offer. Only one gift card will be issued per offer per participant. Offer is good from September 2, 2019 - September 1, 2020. An entire Board of up to 15 members can join for only $250.00! PO Box 764 East Rochester, NY 14445 Community Association Connection - Winter 2020