REVIEW - HOAMCO.com

REVIEW
Fall Edition | September 2014
Building
a lasting
resolution
opens doors
to better
understanding.
In This Issue
>> HOAMCO’s CEO Jusin
Scott, Announces New
Company President
Pg. 1
>> “HOAMCO’s got it!”
Pg. 1
>> Constructive Conflict
In Your Homeowners
Association
Pg. 2
The
culture at
HOAMCO
is customer
driven.
>> Licensing Movie and
Music Use
Pg. 3
>> Your Association Has
Been Sued—Now What?
Pg. 4
CEO and Founder, Justin Scott, Announces
HOAMCO’s New Company President
It is my pleasure to introduce you to Jim Hanley, our new company President, whose appointment is expected to propel HOAMCO’s
further growth within the Southwestern United States. Jim has been brought on board to initially focus on our company’s expansion
in the Phoenix Metropolitan area. His 25 years’ experience in the HOA management industry include 10 years with Rossmar &
Graham where, as President, he grew the organization to the number one ranking property management company in Arizona for
five years in a row. Most recently, Jim has been serving as Chief Operating Officer in Washington, DC at Legum & Norman, a large
management company serving condominiums, high rises and HOAs. With extensive experience in all
factors of community association management, a strong command of the substance of our work, and an
engaging leadership style that relies heavily on collaboration and partnership, he represents the best of all
worlds.
Jim will be based at HOAMCO’s newest office in the Scottsdale Airpark, which is scheduled to open August
18, 2014. This office will allow HOAMCO to better serve its clients in that region and strategically position
us for the anticipated growth. With the opening of this office, HOAMCO now has a total of ten locations
throughout Arizona and New Mexico.
Jim can be contacted at [email protected] or by phone at the Scottsdale office (480-994-4479).
“HOAMCO’s got it!”
Jim Hanley, President
It is with great excitement that I start this new adventure at
HOAMCO. Justin Scott, CEO and Founder, has put together
an outstanding team of professionals that clearly enjoy
working together and providing services to their clients. The
culture at HOAMCO is customer driven and a positive working
environment, which I believe is the soul of any company –
“HOAMCO’s got it.” My initial focus will be on significantly
increasing our market share in the Greater Phoenix area while
at the same time integrating best practices that are used on a
national level in the HOA management industry.
As we set our sights on continuing to satisfy our existing
clients, we also focus on delivering the message that our
Northern Arizona communities already know, “HOAMCO is an
excellent property management company.” Having spent most
of my career in the Phoenix market, I believe HOAMCO is the
best kept secret and that is about to change. The HOAMCO
team should be very proud of their excellent reputation and
the high-quality customer service they provide. Knowing our
competitors, this will be one of the many differentiators we
have in the market place.
HomeOwners Association Management Company | AZ • NM | T: 800.447.3838 | E: [email protected] | www.hoamco.com
1
HOAMCO Current Review
Fall Edition | September 2014
Conflict rarely gets better with time. If allowed to fester by avoidance
or grow by ongoing aggression, the feuding parties become more
entrenched in their positions and arriving at resolution becomes
more difficult. Resolution is most easily achieved early on. Here
are the steps to getting it done:
Speak Directly. Speaking directly with the person with whom
you have the problem, assuming that there is no threat of violence,
will usually resolve the issue. Meet in person or talk over the phone
to explain your concern in a positive, respectful way. (Anonymous
letters, banging on the wall or complaining to your neighbors does
not qualify.)
Jim will be working out of HOAMCO’s new office at
14861 N. Scottsdale Rd, Suite 201 in the Scottsdale Airpark
To our clients, I want to thank you for your business and
look forward to continuing to bring you the best property
management services utilizing our quality team and the latest
technology. Most importantly, we will also continue to listen to
you on how to best satisfy our clients’ needs.
On a personal note, while I’ve spent the last two years in
Washington, DC, my wife, Michelle, and I are very happy to
be back in Arizona. Arizonans truly live in paradise! I have
three grown daughters, all of whom are excited to visit us in
AZ instead of DC.
Plan Your Approach. Think about what you want to say in
advance. Talk about the problem as you see it and how it affects
you. Help the other party understand that a problem exists and
invite them to help you find a solution that you can both live with.
Choose a Good Time. Consider a time when you think the
other person will be most receptive. A quiet place where you won’t
be easily disturbed, perhaps with a cup of coffee, can make it
easier to talk and listen. Avoid cocktail hour.
Communicate Openly and Honestly. Express a positive
attitude about working together to find solutions. Blaming the
other person makes it harder for him to hear and understand your
concerns. Remain open to a different perspective than your own
and try to understand it.
Listen. Give the other person a chance to explain their view,
concerns and feelings. Summarize what you hear and ask
questions to clarify your understanding. Understanding doesn’t
mean that you agree. But just echoing another’s thoughts goes a
long way toward compromise.
Open Up. Get the issues and feelings out in the open. Don’t
ignore the part that seems too “difficult” or “minor.” Your resolution
will be durable if the issues are considered and addressed.
Consider Options. Be creative and offer solutions that you
both think might work. Cooperating to find a solution is much more
effective than one person demanding that the other change.
Jim Hanley and Family
Constructive Conflict
In Your Homeowners
Association
Richard Thompson
While conflict is inevitable in a homeowner association,
there are choices about how it’s dealt with. When handled
constructively, conflict can create a healthier awareness and
better relationships.
2
Be SMART. SMART stands for Specific, Measurable, Achievable,
Realistic and Timely. For example, “Beginning tomorrow, I’ll turn
down my music by 9:30. If I forget, call me and let me know.”
Keep the Door Open. Agree to revisit the issue to make
sure your agreement is working. Communicate immediately if
the solutions are not having the desired effect. Congratulate
yourselves on working together to resolve the problem.
Building a lasting resolution from conflict can not only solve an
immediate problem, but open the door to better understanding
and even, possibly, a lasting friendship. Don’t preclude the latter.
Build on your success and miracles can happen.
Used with permission from www.Regenesis.com
HomeOwners Association Management Company | AZ • NM | T: 800.447.3838 | E: [email protected] | www.hoamco.com
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HOAMCO Current Review
Licensing Movie and
Music Use
We all remember the ominous F.B.I. warning that unmistakably
flashes across the big screen right before the start of a
movie, but are we aware of its implications for community
associations?
Movies, including those fixed in VHS, DVD, Blu-Ray, or
digital video recorders, are protected by Federal copyright
law. While copyright law (and the F.B.I. warning) prohibits the
unauthorized reproduction or “copying” of copyrighted works,
it also prohibits the unauthorized public performance of a
copyrighted work. A “public performance” is the performance
or display of a copyrighted work at a place open to the public
or where a substantial number of persons outside of a normal
circle of family and its social acquaintances are gathered.
In other words, renting a DVD or purchasing it at a retail
store does not provide the proper licensing required to
“publicly display” the movie (i.e., play the DVD) to a group
larger than one’s family circle or a reasonable group of social
acquaintances.
What does this mean for Community
Associations?
While associations are not in the movie theater business,
many associations’ spring and summer events lists may
include a Friday night at the movies or a Sunday matinee
on the common area. While there are narrow exceptions, a
license from the copyright owner is almost always required
where an association wishes to publicly display a copyrighted
work. As a result, if an association decides it would like to
sponsor a day at the movies or a movie night, it should make
sure it has obtained a license from the rights holder for any
film it wishes to screen.
Fall Edition | September 2014
What’s the worst that can happen?
Besides the risk of the F.B.I. knocking down your door, failing
to obtain a license to publicly exhibit a movie can mean large
fines or even prison time for the offending party. Statutory
damages can range anywhere from $750.00 to $250,000.00,
and even inadvertent infringement is subject to substantial
civil damages should the rights owner file suit.
Indeed, courts have also weighed in on the “public performance” issue in the context of community associations. A
Florida court held that the performance of copyrighted material in an association’s clubhouse was a “public performance”
that obligated the association to obtain a license from the
copyright owner to display the copyrighted work.
Where does one obtain the license
required to screen a movie?
Licenses for the public display of most titles can be obtained
from one of the three major licensing agencies: Criterion
Pictures (www.criterionpicusa.com), the Motion Picture
Licensing Corporation (“MPLC”) (www.mplc.com), or Swank
Motion Pictures, Inc. (www.swank.com). The pricing for each
film will vary, and the cost is typically dependent upon whether
a blanket or one-time license is purchased. Most importantly,
since these agencies generally provide form licenses drafted
in favor of the rights holder, associations should always
consult legal counsel to ensure that the association’s interests
are protected prior to entering into any licensing agreement.
If you have any questions regarding licensing, please contact Lynn
Krupnik of Ekmark and Ekmark - AZ ([email protected]) or
Krupnik Law - NM ([email protected]).
HomeOwners Association Management Company | AZ • NM | T: 800.447.3838 | E: [email protected] | www.hoamco.com
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HOAMCO Current Review
Fall Edition | September 2014
Your Association Has Been Sued—Now What?
By Mark Holmgren
Having your association sued may simultaneously be infuriating, insulting, frustrating, and scary. Regardless, it is important
to know what to do to protect the association.
When served with a lawsuit, you should immediately contact the association’s insurance carrier and attorney. The association
will typically have twenty days to file an answer or other response to the lawsuit. The association’s attorney will need to act
quickly to perform an investigation into the facts and draft an appropriate pleading.
The association should tender any lawsuits to its insurance carriers. Associations are sometimes tempted to avoid tendering
disputes to their insurance carrier because they fear an increase in their rates or do not believe the policy provides coverage.
Even if there is no coverage for the lawsuit, policies often require notice of all claims against the insured. If the association
does not notify the carrier of the lawsuit, it may unwittingly forfeit coverage on future claims.
When the association’s attorney is contacted, the most complete compilation of information about the dispute should be
provided. Your community manager can assist the board in, not only forwarding the required information to the attorney, but
also ensuring the correct information is documented as part of the association’s records. This will help ensure speedy and
accurate communication. Having those lines of communication open early in the process will help the attorney analyze the
case and possibly facilitate an early settlement or motion to dismiss the lawsuit.
Finally, the association should do everything it can to preserve written and electronic records related to the dispute, as well as
any other evidence (recordings of meetings, photographs, etc.). Destruction of evidence could result in an association being
sanctioned by the court including potential monetary fines or even the entry of a default judgment against the association.
Litigation is a time of stress and anxiety and is a time when the association should rightly rely on its attorney and insurance
professionals. Those professionals are there to defend and protect the association and its board members, and the
association should take advantage of their help.
Compliments of Carpenter Hazlewood Delgado & Bolen, PLC (carpenterhazewood.com)
This newsletter is provided for informational purposes only and is not specific legal advice or a substitute for specific legal counsel.
Readers should not act upon this information without seeking professional counsel.
Prescott, AZ 86301
3205 Lakeside Village
HOAMCO
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