DeBary will OK chickens for autistic boy after Mark Nation threatens federal suit

 

December 11, 2013|By Martin E. Comas, Orlando Sentinel

 

It seems J.J. Hart, a 3-year-old autistic boy, will be able to continue chasing his pet chickens around his family's backyard after all.
DeBary City Council members will vote Dec. 18 on a resolution that allows the Hart family a special accommodation to keep up to three hens for J.J. because of his disability.

"We're very happy," J.J.'s mother, Ashleigh Hart, said Wednesday. "We like to think that the chickens have been a great help in addition to everything else that we've done for J.J."
The Harts' attorney, Mark Nation, said city officials agreed to the resolution after he threatened to sue DeBary in federal court.

DeBary's ban on backyard chickens meant the Harts would have to get rid of J.J.'s therapeutic chickens. In effect, Nation said, that would violate the boy's rights under the Federal Fair Housing Act, Americans with Disabilities Act and the Rehabilitation Act.

"This is a 100 percent win for J.J.," Nation said about the council considering an exception for J.J. "People with disabilities do have special needs and accommodations."
The resolution would apply only to the Harts and not to other DeBary residents, city officials said.
About two years ago, J.J. Hart would hardly speak and often threw temper tantrums because of his autism. His parents, Joe and Ashleigh Hart, bought several chickens hoping the hens would help.
Since then, J.J. has loved playing with the chickens and is now able to communicate better because of the birds, his parents say.

But last week, DeBary Council members decided to end a one-year trial program on Dec. 31 that allowed residents — including the Harts — to keep chickens in backyard coops as pets. The Harts said they faced either getting rid of their chickens or moving out of DeBary because of the council's action.

Mayor Bob Garcia said he supports the resolution to accommodate the Harts.
"I always felt that it was a violation of a person's rights," Garcia said

Tonya Bates, CMCA, AMS, PCAM Nominated for Gala Awards

 TONYA BATES, CMCA, AMS, PCAM NOMINATED FOR

CAI NEVADA CHAPTER GALA AWARDS

 

 Reno, NV — December 2, 2013 – Tonya Bates, CMCA, AMS, PCAM announced today that she has been nominated for not only PCAM of the YEAR but also Northern Nevada Portfolio Manager of the Year. This is the 3^rd year that Tonya Bates has been nominated as the Northern Nevada Portfolio Manager of the year and 1^st year she has been nominated for PCAM of the Year.

The Northern Nevada Portfolio Manager of the Year award is presented to the individual in Northern Nevada who has been a certified CAM for two years or more and that not only exemplifies the ethics and goals of CAI but also supports and fosters the educational and management goals of the associations for which he/she is working and MUST BE an individual manager member of CAI in good standing.

The PCAM of the year award is presented to the individual who is a certified PCAM. Must exemplify the ethics and goals of CAI but also supports and fosters the educational and management goals of the associations for which he/she is working and MUST BE an individual manager member of CAI in good standing.

“Just to be nominated by my peers and association board members is such a distinct honor, “said Tonya Bates.

Winners will be announced on Saturday, February 8, 2014 and honored at the Annual CAI Nevada Chapter Awards “Glitz and Glam” event at the TI Grand Ballroom in Las Vegas, NV.

About Tonya Bates

Tonya Bates is the Managing Member of Opus 1 Community Management in Sparks, NV.  She has been in the community management industry for over 7 years, earning her PCAM designation in 2012.  Tonya has experience in managing various sized associations from less than 12 to over 1300 units, this includes Single Family, Master Associations, Mixed Use, Condominiums, Business Parks and Coops.  She is a multi-award winner for her dedication to the communities she manages and the CAI-Nevada Chapter.

About The Gala Awards:

The Gala Awards are presented by the Community Association Institute-Nevada Chapter.  Hailed as the CAI-Nevada Chapter’s Highest Honor, the Gala Awards are the leading awards honoring excellence in community management in Nevada.  The Gala awards has honored Community Associations, Business Partners, Community Managers and Volunteer Homeowners since 2002.  This Year’s Gala received over 100 entries from all over the state of Nevada. 

 

Las Vegas HOA settles over ambulance

Posted  October 30, 2013 - 12:06pm Updated  October 30, 2013 - 1:52pm

Feds announce settlement with Las Vegas HOA over ambulance

Ambulance: Side view of emergency services vehicle over black. (Thinkstock)

ASSOCIATED PRESS

A Las Vegas homeowners association agreed to pay $65,000 to a family after refusing to allow them to park an ambulance they used for their disabled son in the driveway, federal officials said Wednesday.

The homeowners association admits no wrongdoing in the settlement announced by the U.S. Department of Housing and Urban Development. But the payment will put closure on the disability discrimination complaint that was filed in December.

“Homeowners associations must grant reasonable accommodations that enable residents to meet the needs of family members with disabilities,” Bryan Greene, HUD’s acting assistant secretary for fair housing, said in a statement. “Homeowners associations have the same responsibility as housing providers to follow fair housing laws.”

Federal officials said the family bought the ambulance because their disabled son needed to be taken to medical appointments while lying down.

According to the complaint, the Harbor Cove Homeowners Association banned the family from keeping the ambulance in their driveway in the upscale Summerlin neighborhood, saying community rules prohibited parking commercial vehicles there.

Family members said they submitted a letter explaining their need for the ambulance, but they were rebuffed by the homeowners association.

Harbor Cove, First Columbia Community Management Inc., and HAE Investments Ltd. have agreed to pay the family and revise their policy. They also are required to send their staff members to fair housing training and prominently feature the statement, “We are a fair housing provider” on letterhead.

Officials from the management company didn’t immediately return a message seeking comment Wednesday.

Building Community-Press Release

Coming soon to a neighborhood near you, it’s “the Biggest Little Community Management Company” in Northern Nevada.  With over 20 years experience in managing common interest communities, Tim Cleary and Tonya Bates have partnered to form Opus 1 Community Management, LLC.  With the focus on building a sense of community in Northern Nevada neighborhoods, Opus 1 is dedicated to combining top technological advancements with personalized, professional customer service homeowners have come to appreciate. 

Whether it is a request to pull overgrown weeds or cleaning up oil stains on the driveway, one example of this new approach to community management is the “Thank You” letters Opus 1 Management will send to homeowners who come into compliance with their community’s governing documents.  This is a noticeable improvement on the traditional approach to community management in that it tells the homeowner who corrected the violation that the community board of directors and the community manager noticed their efforts.

Manager Tonya Bates believes that one way Opus 1 can make a difference is by encouraging a volunteer spirit toward community building.  “We asked the board members of the neighborhoods we manage for suggestions in community building and volunteerism,” Tonya said.  Many community board members responded by suggesting holiday lighting contests.  Other board members have contacted civil organizations to assist in weed and lawn maintenance for elderly and disabled individuals whose homes may be in non-compliance.

About Opus 1 Community Management, LLC

Tonya grew up in rural Northwest Iowa.  Tim Cleary was raised in the Pacific Northwest.  With this background, they are hoping to bring a personalized “small town” feeling to what some would call a “big city” business.  Opus 1 Community Management offers a wide array of common interest community management services from Single Family, Mixed Use, Condominiums, Cooperatives, Townhomes, Business Parks, and self-managed accounting services.  The website www.opus1cm.com offers a variety of articles for anyone curious about living in a common interest community.

Ethics?

 Recently in a Continuing Education Class, the topic of Ethics arose.  As the participants shouted their definition of ethics, one definition stood out among the rest, “If I don’t feel some one is ethical, I don’t want to be seen speaking to them, I don’t want others to ‘think’ we are friends or I’m unethical too.” This shocking statement, created some self-realization that maybe, I just didn’t know how I looked through other people’s eyes.  Did this person really think that I lacked ethics, and if so, how do I change his mind?

At every point in her career, a community manager or Board Member is faced with a choice to follow their inner moral code or not.  Sometimes, when choosing the latter the community manager or board member rationalizes and justifies her decision, “I’m wearing the black eye for the entire industry;” “I needed to feed my children that week.”  Ultimately in the end, the manager or director not following the ethics, code of conduct or legal requirements set forth by CAI and the NRED CIC Commission, loses their reputation.  Once her reputation is tarnished, maintaining employment or a board position in this industry is increasingly difficult, it doesn’t matter how well her management or director skills are honed.

Practicing ethics in today’s world is an increasing challenge and is immeasurable.  The ethics of this writer may be different than the reader’s ethics.  Some people define ethics as what is legal; however, just because it’s legal doesn’t mean it’s ethical.  If one travels down the unethical path, how does one get their ethics back?

It’s easy for the industry to continue to condemn managers or board members, if they are continuously beating themselves up for the mistake.  Accepting the error that was made and attempting to make amends to the people that were hurt by the oversight, demonstrates that the manager or director has acknowledged the gaffe. Then, they can take the situation as a learning experience and teach other managers and directors how the lapse has affected their life and encourage others to not make the same miscalculation.  Once the colleagues and homeowners see that she has learned from the action and accepted the consequences of her actions, they may be willing to understand the situation.  This demonstration of skill may regain the trust of a manager’s or director’s associates and teammates.

Now that the faux pas has been acknowledged the next step is to take action to rectify and correct the wrong.  This is easier said than done, if the inaccuracy includes one of CAI’s top Ethic Complaints; Embezzlement, Fraud, Forgery, Theft, Misappropriated Funds, Conflict of Interest, Price Fixing or Unlicensed Practice.  If the mistake concerns embezzlement, do not rationalize the theft, offer to make amends and repay the victim.  If it concerns improper transition or failure to turn over documents, agree to improve the transition process in the future always remain civil and professional.  If it concerns conflict of interest, practice disclosure, no matter how silly or inconsequential the conflict may seem.  If you are unlicensed, get licensed don’t practice law, insurance or any other profession without the proper license.  Above all, maintain your model professionalism, composure and a positive attitude.

Against sociology beliefs, when I encounter a member of the industry that others view as unethical, I’m intrigued.  Not because I want to learn to be unethical, but because I want to learn from her mistakes.  Every day the CIC Industry can learn something new from each participating member, even those judged to be the most unprincipled, can teach future manager’s the utmost in ethics.  How?  At one point a good manager made a poor decision.  Future managers should be shown, there are reinforcements to improper decision making to prevent a future mistake.

 

Ultimately, the choice to be ethical, moral and just, lies within each individual.  It is taught by society, parents, families, associates and friends.  I made the choice to think positive and make upbeat decisions in regards to the Associations I manage. 

 

Positive work attitudes say, “I can achieve success.”  Negative work attitudes say, “I cannot achieve success.”  When negativity is exhibited by expecting challenges and difficulties, interactions with industry professionals are strained.  People don’t always want to be around, not only do they not trust an alleged unethical manager, but the alleged unethical manager’s view of the industry is dismal and bleak, creating an even greater divide.

 

Being happy is a choice, to look at the brighter side of life and staying optimistic.  Smiling is contagious, do it often, it helps to stay optimistic.  Associate yourself with happy people that are inspiring, well respected and ethical.  These professionals may often change your thought process and encourage you to make more rewarding, ethical choices.  Most importantly treat people how you would like to be treated, and ask, “Would I do this if my grandma, dad, mom, kids, grandkids (insert your person of choice) could see me now?”