California Common-Interest Development (CID) Law Course
Thursday, Oct. 15, 8 a.m.–5 p.m. (registration
begins at 7:30 a.m.) at the Hilton Long Beach
This eight-hour, pre-forum session is an in-depth legal course for community
managers, board members and attorneys in California. Taught by experienced
community association attorneys, this is the most comprehensive legal course
available covering California and federal laws affecting community associations.
Attendees will gain a clear understanding of the Davis-Stirling Act, California
Corporations Code and common law as they relate to CIDs. A California CID Law
Seminar workbook, a valuable resource for use after the seminar, is included.
Topics covered include: conflict of interest, governance, board members’
fiduciary duties, operations, homeowners rights and responsibilities, finances,
reserves and assessment collections, meetings (notices and voting), rules
enforcement and disclosure requirements and CID and board liability.
Legislative Action Committee (CLAC) Benefit Fundraiser
Thursday,
Oct. 15, 6:30 p.m.–9 p.m.
In conjunction with the Legal Forum, please join CAI’s eight California
chapters and CLAC for an exciting evening of eating, drinking and networking
with peers while benefitting CLAC at the same time. The CLAC Benefit Fundraiser
dinner will be held at The Federal Bar, a unique experience in Long Beach.
Entering The Federal Bar’s Parlour, housed in the basement level of the
1924-built Security Pacific Bank, is like stepping into a 1920s prohibition-era
speakeasy. For more information about The Federal Bar, visit
http://lb.thefederalbar.com. For CLAC Benefit Fundraiser sponsorship and
registration go to www.caiclac.com. Separate registration and fee required.
Silent Auction
During the Legal Forum a silent auction
will be held. Items will include gift baskets, day trips, wine, exclusive art
and much more! The bidding will end before the last session of the day. Proceeds
will be donated to the California Legislative Action Committee (CLAC) to support
legislative efforts.
Education Sessions
Water, Water, Everywhere, Nor Any Drop to Drink
If
weather conditions stay as they are, by many accounts California has only a
one-year water supply. Governor Brown recently issued his second executive order
to address the severe drought conditions, mandating city- and county-wide
reductions. Community associations are also a target, and proposed new
legislation promises more limitations on water consumption. This session will
address the legal and practical aspect of turning a water-consuming community
into a water-conscious, drought-tolerant one, using a real-life example from a
community association success story.
Lesley Millender-Irwin, CMCA, AMS,
PCAM, Seabreeze Management Co. Inc., AAMC; Matt D. Ober, Esq.*, Richardson
Harman Ober PC
Protecting the Board, Manager and Association from the Unmanageable
Rogue Director
This panel presentation will identify the challenges
managers and boards face from “rogue” directors who refuse to follow the law,
board resolutions, sensible standards of practice and even common courtesy.
While a small minority of those who serve, directors who’ve “gone wild” can
hamper a manager’s ability to carry out contractual obligations, interfere with
productive board decision making, undermine the board’s credibility and subject
it and the association to unnecessary and unreasonable liability. This session
will identify the red flags associated with a difficult director (or committee
member) and give you tools to help your board operate
effectively.
Jeffrey A. Beaumont, Esq.*, Beaumont Gitlin Tashjian; Karen
Bennett, PCAM, Action Property Management; Steven S. Weil, Esq.*, Berding|Weil
LLP
Common Myths of the So-Called Neighbor-to-Neighbor Dispute
Defense
Distinguishing between a true neighbor-to-neighbor dispute
and a dispute that requires a community association to get involved is often a
difficult task. Associations often mischaracterize neighbor-to-neighbor disputes
and believe that certain disputes are exempt from the usual enforcement
obligations. What if two neighbors are embroiled in a dispute about second-hand
smoke, water leaks, hard-surface flooring or noise? Does the association need to
get involved, and if so, to what degree? This session will set the record
straight about the types of disputes that require association enforcement and
the types of disputes where an association shouldn’t get involved. It will also
address risk management and enforcement techniques to protect associations from
liability if an owner asserts that an association has failed in its duty to
enforce the governing documents.
Corinne Crawford, The Management Trust;
Brian D. Moreno, Esq.*, SwedelsonGottlieb; Lisa A. Tashjian, Esq., Beaumont
Gitlin Tashjian
Oh, the Horror! Scary Situations for Managers to
Avoid
This session will address 13 “horror stories” that community
managers can find themselves in and how to deal with those situations.
Discussion topics will include social media exposure, hostile work environments,
failing to enforce governing documents and hoarding. The scenarios will include
nuanced fact patterns appropriate for both new and experienced
managers.
W. Alexander Noland, Esq., SwedelsonGottlieb; Amy K. Tinetti,
Esq., Hughes Gill Cochrane PC
Resolving Ethical Dilemmas and Conflicts of Interest
What
ethical trends are community associations facing today? What does it mean to “do
the right thing,” and when do you do it? What can managers, community leaders
and business partners do to avoid conflicts of interest, and what are the
potential risks and consequences if they don’t? Join the conversation between
industry experts, including legal counsel, a community manager and a business
partner, to gain tips and best practices to avoid stepping out-of-bounds and
into hot water.
Kathryn Henricksen, CMCA, FirstService Residential;
Jennifer M. Jacobsen, Esq., Baydaline & Jacobsen LLP
What to Do When Homeowner Requests Become Abusive
This
informative and entertaining session will provide community managers with the
tools to handle demands for documents and records that become burdensome and
draining on an association’s resources and management’s time. Through
interactive examples, you’ll learn what documents must be provided, as well as
helpful tips for responding to requests that become too extensive or
exhaustive.
Christina A. Ciceron, Esq., Christina A. Ciceron APC; James
R. McCormick Jr. Esq.*, Peters & Freedman LLP
Shedding Light on Solar: Addressing the Demand for Solar Energy in
California Associations
Advances in solar power systems have
increased their production potential and significantly lowered their price,
making them an enticing concept. This session will review current California law
related to installing solar power systems within community associations, as well
as the emerging technical evaluations and practical considerations in properly
applying them. An expert panel will address owner requests for installation
within their own separate interests, owner requests for installation upon
elements of the association common areas, association proposals to install
systems upon the association common areas and more.
Charles Antis, Antis
Roofing & Waterproofing Inc.; Christopher Blevins, Pickmysolar.com; Kendrah
Kay, CMCA, PowerStone Property Management; Dirk E. Petchul, Esq., Hickey &
Petchul LLP
The Birth of a Common-Interest Development
Experts,
including a lawyer who represents homeowners association developers, a lawyer
who represents new developments and a manager that transitions new developments
from developer to homeowners, will discuss legal and operational issues during
the “birth and toddler stage” of a new community. Topics will include BRE
filings (including pink, yellow and white reports), phasing and annexation, BRE
budgets, bond requirements and exoneration, subsidy and maintenance agreements,
class voting, and special rights and exceptions for developers. In addition,
practical tips will be provided for the first annual meeting and turnover
walk-throughs.
Denise D. Iger, Esq., Iger Wankel & Bonkowski LLP;
Sheri L. Marvin, Esq., Jackson DeMarco Tidus Peckenpaugh; Kellie Sambrano, CMCA,
FirstService Residential
What Happens in Cyberspace
When it comes to e-mail and
social media, the interests of managers, boards and the law generally don’t
mesh. Directors can’t access e-mails of other directors, members or managers,
nor can they respond to every negative attack on social media. Managers are
overwhelmed by the number of e-mails they receive and aren’t sure how to keep
their directors off social media. And lawyers usually say, “Just stay away from
it,” as if the problems will magically disappear. This session will offer
practical advice and discuss the dos and don’ts for managers using e-mail and
social media for their associations.
Tracie Blankenship, CMCA, AMS, PCAM,
FirstService Residential; Cang N. Le, Esq., Adams Kessler PLC
Finding the Needle in the Haystack: Uncovering HOA Embezzlement,
Recouping Stolen Funds and Protecting HOAs from Future Theft
As they
are operated by volunteer board members typically without accounting expertise,
HOAs are more vulnerable to embezzlement than most for-profit businesses.
Fidelity insurance provides valuable protection against such a risk; however,
such coverage can be subject to strict notice and reporting deadlines, resulting
in coverage denial of suspected theft if claims are delayed. This session
provides tips on the detection of fraud, successful prosecution of fidelity
claims and future theft prevention.
Thomas M. Ware II, Esq., Kulik
Gottesman & Siegel LLP; Ronald S. Stone, Ph.D, CPA, CFE
Friend or Foe: How to Work with Local and Regional Municipalities and
Government Agencies
This interactive session will address when and
how associations should work with government. When should you turn to the city
for local ordinances for enforcement? Should you have provisions in your
governing documents or rules? Do city ordinances or regional codes trump your
governing documents? Who do you speak to when you need information? And how can
associations work with local officials in real estate issues related to
easement, planning commissions, etc.? Get answers to these questions and
more.
Wendy Bucknum, CMCA, AMS, PCAM, Associa-PCM and councilwoman for
the City of Mission Viejo; Steven A. Roseman, Esq., Roseman & Associates APC
and commissioner for the City of Calabasas Historic Preservation
Committee
*College of Community Association Law (CCAL) fellow