Pub. 3 2018 Issue 6

21 ISSUE 6 2018 FCC regulations, onsite staff differ- entiates marketing and information messaging. Paul Yount, Industry Principal, Yardi, says the first text sent to a resident must be an opt-in message, which secures the required expressed written consent. “We’ve seen clients have a lot of suc- cess with getting opt-ins by making sure their leasing teams are trained on the process and actually walking their residents and prospective residents through it while they’re on the phone with them or while they’re in the office,” Yount says. “Additionally, having call to actions such as ‘Call or Text 855- 867-5309’ on marketing campaigns and a ‘Text Us’ widget on your website increases the awareness and usage of texting by your customers.” With the open and read rates of text messages far exceeding emails, and messaging being the preferred method of contact for key renter age groups, Yount says clients are seeing big spikes in prospect-to-resident conversions. “LumaCorp has used text-messaging to communicate with residents for a num- ber of years,” Mattingly says. “We do require them to opt in at move-in, but more importantly, we feel that as long as we’re providing only useful informa- tion (such as package notification, water shut-offs, etc.) and not bombarding them monthly, we have the minimal risk from a legal standpoint.” Kingi says, “During the leasing pe- riod, the texts we send typically are quotes, pictures and answers to ques- tions. Once they become residents, the messages more often become maintenance-related requests.” Balas says JVM Realty avoids send- ing texts related to social-event reminders, such as pool parties or wine tasting. “We normally reserve those for posts to our resident portal’s activity wall or email,” Balas says. “It also depends on the demographic at the site—if you have a highly electronic, savvy resident base, you might see more social alerts. Rivergate KW Residential based in Charlotte texts residents and prospects upon receiving permission to do so. “Our platform creates efficiencies because it allows for automation—we can schedule messages such as Happy Birthday, based on trigger events, “Joya Pavesi, Vice President, Marketing, Riv- ergate KW Residential says. “As a best practice, we do not text residents more than once per week.” Peer-to-Peer Texting Employee-to-employee texting is creat- ing efficiencies in operations for many management companies. Requirements and concerns about text communication are not applicable solely between residents or prospects and the onsite teams, Terry Danner, CEO, SightPlan adds. The rules are equally applicable when employees communi- cate with one another both during and after normal business hours. Danner says with the introduction of mobile tools at the site level to improve efficiency and performance, companies need to ensure that they’re establishing proper protocol on how to use those tools. Helpful guidelines can be found in the Solving Your Company’s BYOD Office Policy article that was published in the March 2018 article of units magazine. “During business hours, team-member communication via text is difficult to monitor and is generally not archived in company records,” Danner says. “Texting about business-related activities outside of documentable systems or apps should not be permitted between employees and certainly not permitted between employ- ees and residents or prospects. “After-hours communication via tex- ting is fraught with potentially high costs since employees then have doc- umentation for which they can claim, and are legally entitled to, overtime compensation. “Communication with and between employees after hours should be limited to emergency situations where it is vital employees be contacted and where own- ership or management is effectively au- thorizing overtime pay for work deemed necessary. When considering text-like communication alternatives, ensure that the systems put in use have the ability to shut down or go in do not disturb mode for all non-emergency communication.” The Federal Communications Com- mission (FCC) restricts what type of communication can be sent via text and requires the recipient to “opt-in.” Click here to read “Are You Texting Programs FCC Compliant.” Greater Nashville Apartment Associ- ation (GNAA) member, Senior Policy Advisor/Attorney, Waller Lansden Dortch & Davis, LLP, Catie Lane Bailey, says email is highly preferable if electronic communication is necessary. Here are points she makes when advis- ing association members: • Most people can receive their email from their phone – so you’re not significantly eliminating any delay in receiving information by texting. • Communicating by text can result in truncating thoughts that usually should be more fully explained. • Parties to a text conversation may be too informal and lull an employ- ee into not giving proper thought to what is being said. • An owner will undoubtedly be bound by promises made or implied in a text message. • Texting can become more unwieldy than email. How many different employees up and down a man- agement company might have text conversations with a debtor that are not as easy to track down and save as would be emails.