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Presentations

2016 Law Seminar Brochure


OPTIONAL HALF-DAY PROGRAM | WEDNESDAY, JAN. 27 | 1–4:15 P.M.

Noon–1 p.m.
Registration Optional Half-Day Program

Associates Track
1–2:30 p.m.
Legal Basis for Plats and Plans for Condominiums and Homeowner Associations
Many community association attorneys are responsible for reviewing plats and plans to ensure compliance with legal requirements. This program explores the common law and statutory basis for what must be shown to meet title requirements and properly define ownership and use rights in condominiums and homeowner associations.
Robert M. Diamond, Esq.*, Reed Smith LLP, Falls Church, VA

2:30–2:45 p.m.
Break

2:45–4:15 p.m.
Priority Lien Is Under Attack by the Feds and the Big Banks: Case Law and the Future of Super Priority Lien
Twenty-two states and the District of Columbia have adopted legislation that affords community associations priority lien rights for delinquent assessment collection, but the federal government and big banks have attacked these priorities. This session examines the latest court cases and most pressing priority lien rights issues community associations will face from federal agencies, mortgage bankers and their allies. Leave this session knowing what's happening now and how to navigate what lies ahead.
Robert M. Diamond, Esq.*, Reed Smith LLP, Falls Church, VA; Stephen M. Marcus, Esq.*, Marcus, Errico, Emmer & Brooks PC, Braintree, MA; Marvin J. Nodiff, Esq.*, Nodiff & Billy, The Community Association Lawyers, St. Louis, MO


Firm Owner/Managing Partner Track

1–2:30 p.m.
Your Website: Depreciating or Income-Producing Asset?
There are only 24 hours in a day, so where and how you spend those valuable hours is crucial. Just like the benefit of earning passive income, understanding your firm's passive assets is crucial to improving profits and growing your practice. In today's world more and more clients find legal counsel online, and the competition continues to grow. Even if there is a referral, most board members or managers will "check out" the law firm online. Is your firm's primary passive asset, its online presence, ready for this? This session explores: (1) the top three ways to optimize your website so that potential clients find you; (2) proven strategies to convert inquiries on your website into actual clients; and (3) techniques to ensure your website both reflects and distinguishes you.
Stephen Christopher, Burg Simpson Eldredge Hersh & Jardine PC, Englewood, CO; Loura K. Sanchez, Esq.*, HindmanSanchez PC, Lakewood, CO

2:30–2:45 p.m.
Break

2:45–4:15 p.m.
Priority Lien Is Under Attack by the Feds and the Big Banks: Case Law and the Future of Super Priority Lien
Twenty-two states and the District of Columbia have adopted legislation that affords community associations priority lien rights for delinquent assessment collection, but the federal government and big banks have attacked these priorities. This session examines the latest court cases and most pressing priority lien rights issues community associations will face from federal agencies, mortgage bankers and their allies. Leave this session knowing what's happening now and how to navigate what lies ahead.
Robert M. Diamond, Esq.*, Reed SmithLLP, Falls Church, VA; Stephen M. Marcus, Esq.*, Marcus, Errico, Emmer & Brooks PC, Braintree, MA; Marvin J. Nodiff, Esq.*, Nodiff & Billy, The Community Association Lawyers, St. Louis, MO

5–7 p.m.
Law Seminar Early Registration


LAW SEMINAR PROGRAMMING
 | THURSDAY, JAN. 28 | 11 A.M –6:15 P.M.

11 a.m.–5 p.m.
Registration and MCLE Sign-In

11:30 a.m.–Noon
Welcome and Lunch

Noon–2 p.m.
Case Law Update Part I
Join CCAL members George E. Nowack and Wilbert Washington as they discuss the significant cases that shaped community association law in 2015. In addition to reviewing individual cases, this session examines emerging trends in association jurisprudence.
George E. Nowack Jr., Esq.*, Weissman, Nowack, Curry & Wilco PC, Atlanta, GA; Wilbert Washington II, Esq.*, Chadwick, Washington, Moriarty, Elmore & Bunn PC, Fairfax, VA

2–2:15 p.m.
Break

2:15–3:15 p.m.
Washington from a Different Angle: Wayne Hyatt Lecture Series with Katty Kay
What's really going on in Washington? How will it affect you? Having covered Washington since 1996, Katty Kay has the experience and contacts to talk about the events behind today's headlines. She reveals the politics behind the posturing and provides a clearer picture of what's likely to happen with the many challenges facing the President and Congress—health care, industry regulation, curbing runaway spending, growing the economy and jobs, the impact of emerging economies and competition, immigration, tax reform, foreign policy, gun control and more.

3:15–3:30 p.m.
Break

3:30–5 p.m.
Concurrent Sessions

Evidence and Ethics: Trying the Community Association Collection Case in the Face of Five Common Ethical Issues
For managers, board members and young attorneys, the trial presentation of a civil action seeking the collection of community association fees can be frightening. And there are ethical issues in these cases that all should be aware of for a successful action. In this session, two experienced community association practitioners present five ethical issues for discussion and an overview of a successful trial presentation in a collection action.
Angela Maione Costigan, Esq., Costigan and Costigan LLC, Philadelphia, PA; Samuel J. McNulty, Esq.*, Hueston, McNulty, Attorneys at Law, Florham Park, NJ

Tax Law and Tax Exemption: Updates and Effects on Community Associations
HOAs may never die and may not have to pay taxes. This session contrasts the 1120 and 1120-H tax forms. Emphasizing recent IRS actions that put associations at risk, you'll hear about qualification and procedural issues, tax risk factors and strategies to protect associations. Every association is at risk of an audit, and this session ensures you're prepared.
John Knobelsdorf II, Esq., CPA, Law Office of John Knobelsdorf II, Houston, TX; Gary Porter, CPA, Hinricher, Douglas & Porter CPAs, Ventura, CA

Perspectives on Practicing Community Association Law
This session gets creative using Ignite—multiple, short presentations in which speakers get five minutes to make their point in a focused, interesting way. Ignite presenters share personal or professional lessons, tips and insights, using 20 slides that auto-advance every 15 seconds. Reflecting the Ignite motto of "Enlighten us, but make it quick," this session features 10 unique presentations from experienced practitioners.
Scott B. Carpenter, Esq.*, Carpenter, Hazlewood, Delgado & Bolen, PLC, Tempe, AZ; Ellen Hirsch de Haan, Esq.*, Wetherington Hamilton PA, Tampa, FL; Kevin V. Harker, Esq., Harker Law Group, Portland, OR; Lincoln W. Hobbs, Esq.*, Hobbs & Olson LC, Salt Lake City, UT; Jennifer A. Loheac, Esq.*, Becker & Poliakoff, Morristown, NJ; Stephen M. Marcus, Esq.*, Marcus, Errico, Emmer & Brooks PC, Braintree, MA; Marc D. Markel, Esq.*, Roberts Markel Weinberg Butler Hailey PC, Houston, TX; Loura K. Sanchez, Esq.*, HindmanSanchez PC, Lakewood, CO; Scott J. Sandler, Esq.*, Perlstein, Sandler & McCracken LLC, Farmington, CT; Lucia Anna Trigiani, Esq.*, MercerTrigiani, Alexandria, VA

Aging Together: Association Buildings and Residents
(CIRMS Program)
Associations and their residents alike are aging in place—some as a matter of course and some deliberately so in 55+ communities. With 12 million condominium homeowners 55 or older, and another 12–15 million in that age range living in planned communities and cooperatives, longrange planning for aging together for most association stakeholders is non-existent or uncertain. This session presents an integrated view of both aging residents and aging buildings with a focus on how boards can apply best practices to association insurance, management and forwardlooking reserve practices so that buildings and people can grow old together gracefully.
Robert Browning, PCAM, RS, Browning Reserve Group, Carmichael, CA; Karyl Dicker Foray, CIRMS, Rosenthal Brothers Inc., Deerfield, IL; Mary M. Howell, Esq.*, Epsten Grinnell & Howell, APC, San Diego, CA; Lori A. Long, CIRMS, Community Association Underwriters of America, Newtown, PA; Phillip Masi, CIRMS, Brown & Brown Insurance, Winter Springs, FL; Francis McGovern Jr., Esq., McGovern Legal Services LLC, New Brunswick, NJ; ​Robert Sides, AMS, PCAM, Regatta Seaside Homeowners Association, Marina del Rey, CA; Jessica Towles, CMCA, AMS, PCAM, Foster/Premier Inc., Buffalo Grove, IL; Clifford J. Treese, CIRMS, Association Data Inc., Mountain House, CA

5:15–6:15 p.m.
Law Seminar Reception Hosted by CCAL
Join your colleagues for great food and drinks and an opportunity to socialize with the premier experts in the field.


LAW SEMINAR PROGRAMMING
 | FRIDAY, JA
N. 29 | 7 A.M –5:30 P.M.

7 a.m–5:30 p.m.
Reigistration and Bookstore

7 a.m–8 a.m.
Breakfast

8–8:20 a.m.
Welcome and CCAL and CIRMS Inductions

8:20–9:40 a.m.
Case Law Update Part II
CCAL members George E. Nowack and Wilbert Washington continue their overview of significant cases that shaped community association law in 2015. CAI's government and public affairs department will also present a federal affairs update covering critical changes to laws and regulations affecting community associations.
George E. Nowack Jr., Esq.*, Weissman, Nowack, Curry & Wilco PC, Atlanta, GA; Wilbert Washington II, Esq.*, Chadwick, Washington, Moriarty, Elmore & Bunn PC, Fairfax, VA

9:40–9:50 a.m.
Break

9:50–11:20 a.m.
Concurrent Sessions

Practicing from the Shadows: Depression in the Legal Profession
Left untreated, addiction and mental illness spread to every part of a person's life—work, home, finances, family, friends—eventually affecting the community as a whole. Fortunately, treatment and recovery have ripple effects too. This session helps you identify and cope with the issues that impair lawyers' daily ethical practice and the quality of their lives.
David S. Mercer, Esq.*, MercerTrigiani, Alexandria, VA; J.E. "Buddy" Stockwell III, JD, executive director of the Lawyer Assistance Program Inc., New Orleans, LA

My Association Client Has Been Sued: How Can I Be a Hero and Make Sure Defense Fees and Costs Are Covered? (Attorney/CIRMS Crossover Program)
When the association, the board of directors and/or the community association manager receives a demand or is served with a lawsuit, the potential financial impact on the association's assets is significant. What must counsel do to determine who will pay the potentially significant defense fees and cost? This session presents a logical sequence for reviewing insurance, contracts and indemnity agreements to make sure each potential source for funding the client's defense is revealed. In addition, a risk management audit checklist is provided to help maximize potential funding before a suit or demand arrives.
David S. Kasdan, Esq., Hoey, King, Epstein, Prezioso & Marquez, New York, NY; Joel W. Meskin, Esq.*, CIRMS, McGowan Program Administrators, Fairview Park, OH

Associations in the Media: Why Such a Negative Image?
In this session, the speakers review social media clips, newspaper and journal articles, and other messaging that portrays associations in a negative light. The speakers look at what went wrong and how bad press might have been avoided. Engaging participants in the discussion, the session seeks to find common themes and causes of poor publicity and brainstorm how association legal counsel can help prevent it.
Elina B. Gilbert, Esq.*, HindmanSanchez PC, Lakewood, CO; James R. McCormick Jr., Esq., Peters & Freedman LLP, Encinitas, CA

11:20 a.m.–11:30 a.m
Break

11:30 a.m.–12:30 p.m.
Concurrent Sessions

Difficult and Disabled: Strategies for Dealing with Aging in Place and Disabled "Warehousing"
Handling elderly or disabled residents can present challenges for the most seasoned practitioners and wellmeaning boards. This session provides an understanding of cases and laws that govern interactions with elderly residents who elect to age in place and disabled residents whose families warehouse them in community associations as opposed to qualified treatment facilities or at home. It also identifies liability considerations and outlines strategies for creating successful relationships with these individuals.
Sean D. Allen, Esq., Roseman & Associates PC, Sherman Oaks, CA; Jasmine Fisher Hale, Esq., Adams|Stirling PLC, Los Angeles, CA

Avoiding Litigation and Using Alternative Dispute Resolution When You Can't
(Attorney/CIRMS Crossover Program)
This session offers an interactive discussion on methods for avoiding litigation—from the plaintiff or defense side of an issue—from the perspectives of an association attorney and a claims manager. Discover some of the many minefields associations face that appear to lead to unavoidable litigation, and explore statutorily required alternative dispute resolution (ADR) as well as the voluntary use of ADR.
Edward Hoffman Jr., Esq., Barrow|Hoffman, Warminster, PA; Jennifer Wojciechowski, JD, Community Association Underwriters of America Inc., Newton, PA

Anatomy of a Transition Construction Defect Case: How to Make It Successful and How Statutory Requirements Can Help
This session discusses a transition construction defect case gone wrong. Learn how the legal system can hinder a settlement even if all parties agree that defects occurred, and find out how the process can be bogged down by determining the cost of the corrective work and who is responsible for payment. In addition hear how various statutory guidelines can help or hurt the process.
Edmund A. Allcock, Esq.*, Marcus, Errico, Emmer & Brooks PC, Braintree, MA; Mitchell Frumkin, PE, RS, Kipcon Inc., North Brunswick, NJ; E. Richard Kennedy, Esq.*, Kennedy Wronko Kennedy, Montville, NJ

12:30–1:10 p.m.
Lunch

1:10–2:10 p.m.
Panel of Pundits
Got questions? Get answers. This interactive session gives attendees of all experience levels the opportunity to ask an expert panel of attorneys about issues that have arisen, or may arise, in their practices. It also gives the panel of experts the opportunity to pose questions about pressing legal concerns and trends in the industry.
Brendan P. Bunn, Esq.*, Chadwick, Washington, Moriarty, Elmore & Bunn PC, Fairfax, VA; Patrick Costello, Esq.*, Keay & Costello PC, Wheaton, IL; Jennifer A. Loheac, Esq.*, Becker & Poliakoff, Morristown, NJ; Janet L. S. Powers, Esq.*, Fiore, Racobs & Powers, Irvine, CA. Moderated by Scott B. Carpenter, Esq.*, Carpenter, Hazlewood, Delgado & Bolen PLC, Tempe, AZ

2:10–2:20 p.m.
Break

2:20–3:50 p.m.
Concurrent Sessions

Hot Topics in Community Association Law
This session covers the latest trends in association law, including legal considerations associated with adopting and administering enforceable leasing restrictions and statutory limitations on associations' authority to regulate alternative energy components. Further, implications and liabilities that social media, green initiatives, technologies and conservation methods will be addressed.
David J. Graf, Esq.*, Moeller Graf PC, Englewood, CO; W. Alexander Noland, Esq., SwedelsonGottlieb, Los Angeles, CA; Steven L. Sugarman, Esq.*, Steven L. Sugarman & Associates, Berwyn, PA; Raymond B. Via Jr., Esq., Whiteford, Taylor & Preston LLP, Bethesda, MD. Moderated by E. Richard Kennedy, Esq.*, Kennedy Wronko Kennedy, Montville, NJ

So the Case Didn't Settle, Now What? An A to Z Experience of Trial Preparation Through Post-Trial Motions
This advanced session addresses all aspects of trial matters, from preparation to close. Get strategies and skills for evidence delivery, pre-trial planning, documents and witness organization, jury selection, delivering effective testimony and ways to overcome evidentiary exclusions and exclude opposing party evidence. Gain information for the trial binder, direct- and cross-examination tips and tactics and do's and don'ts for presenting your case. Also learn how to effectively use demonstrative evidence and the best and most cost-effective technology.
Judge Jonathan Cannon, JAMS, Orange, CA; Steven S. Roseman, Esq., Roseman & Associates APC, Sherman Oaks, CA

Mixed Use Is All Mixed Up!
With the growing popularity of mixeduse condominium developments comes growing pains, the result of commercial and residential owners being thrown together to co-exist happily ever after—or not. This session identifies areas of conflict; explores the physical, social and "governing document-generated" origins of conflicts; and recommends ways to narrow the divide between two somewhat competing common-interest development interests.
Jeffrey A. Beaumont, Esq.*, Beaumont Gitlin Tashjian, Woodland Hills, CA; Matt D. Ober Esq.*, Richardson Harman Ober PC, Pasadena, CA

3:50–4 p.m.
Break

4–5:30 p.m.
Concurrent Sessions

Wouldn't Debtors' Prisons Be More Effective?
With the downturn in the economy, dealing with delinquent owners has become commonplace. Join an indepth discussion of the interplay between the Fair Debt Collection Practices Act (FDCPA), bankruptcy and assessment collections. Topics include: (1) avoiding FDCPA violations; (2) avoiding an automatic stay violation when collecting debts from owners in bankruptcy, including the difference between chapter 7 and chapter 13 cases; (3) getting the most out of chapter 13 plans; (4) dealing with an owner who has received a discharge of debts; (5) collecting from non-bankrupt co-owners; and (6) protecting your clients from management company bankruptcy.
Katherine Bushey, Esq., Kaman & Cusimano LLC, Cleveland, OH; Christopher A. Jones, Esq., Whiteford, Taylor & Preston LLP, Falls Church, VA; Edward J. O'Connell, Esq., Whiteford, Taylor & Preston LLP, Falls Church, VA

The Attorney/Client Privilege and Confidentiality in Community Associations
The attorney/client privilege is the oldest privilege protecting communications and has been well-developed by the law. Yet when the client is a membership organization such as a community association, there can be a great deal of confusion. Every attorney who represents associations needs to understand the reach and limits of the privilege and related confidentiality issues. This session will improve such understanding and is particularly pertinent to attorneys for whom organizational representation is new.
Michael S. Karpoff, Esq.*, Hill Wallack LLP, Princeton, NJ; Amy Tinetti, Esq., Hughes, Gill, Cochrane PC, Walnut Creek, CA

Intellectual Property Issues for Community Associations
With associations branding themselves, owners creating websites to complain about associations and the relative ease that associations may infringe on intellectual property rights, this session explores ways community associations can protect themselves from intellectual property claims.
Geoffrey A. Lottenberg, Esq, Malin Haley DiMaggio & Bowen PA, Ft. Lauderdale, FL; Joel Martin McTague, Esq., Frank Weinberg & Black PL, Plantation, FL

Getting Your Association’s Electronic Pocket Picked: Cyber and Technology Risks
(CIRMS Program)

Risks in the wired world have never been easy to understand much less manage and insure. The electronic exposures to loss typically range from damaged or compromised data, exposure of personally identifiable information and theft of money and property caused by malicious bugs or hacking by unknown predators. In addition, the proliferation of drones and electronic surveillance elevates the possibility of invasion of privacy, and the risks related to the Internet of Things is just emerging. Associations, like the business world, may be becoming so dependent on the wired world that a loss of connectivity may mean the loss of existence. As a result, a number of association insurance agents and professionals are stepping into this cyber and technology risk market with new products and timely technical information.
Michael Cavanaugh, RPLU, Apogee Insurance Group, Wayne, PA; Kevin Davis, CIRMS, Kevin Davis Insurance Services, Los Angeles, CA; Evan Fenaroli, RPLU, Philadelphia Insurance Companies, Bala Cynwyd, PA; Nick Graf, CISSP, CEH, CIPT, Risk Control, San Francisco, CA; Robin C. Manougian, CIRMS, John Manougian Insurance Agency, Silver Spring, MD; Michael Schleich, McGowan Program Administrators, Fairview Park, OH; Robert A. Travis, CIRMS, Community Association Underwriters of America, Newtown, PA; Clifford J. Treese, CIRMS, Association Data Inc., Mountain House, CA 


LAW SEMINAR PROGRAMMING | SATURDAY, JAN. 30 | 8–11 A.M.

8–11 a.m.
Registration and Bookstore

8–9:30 a.m.
Breakfast

8:30–9:30 a.m.
CCAL Business Meeting
Want to contribute more to CCAL and its success? Join the CCAL Board of Governors for a discussion about the goals, challenges and achievements of CCAL over the last year. During this one-hour session, you'll hear reports from each of the committees and have the opportunity to provide input and feedback on the direction and goals of CCAL. This is a great opportunity take part in your organization.

9:30–11 a.m.
Concurrent Sessions

Golf and the Association: Trying Times for Both
As golfing in the United States declines, associations owning, operating or cooperating with non-owned golf facilities are confronted with difficult problems. This session addresses limitations on the association's right to fund golf operations, shared-use agreements, land-use concerns and relationships with golf entities (developer-owned, third-party purchasers and equity clubs). Hear about community dynamics (such as club members vs. non-club members and voting requirements), case law and problem-solving lessons learned.
Mary M. Howell, Esq.*, Epsten Grinnell & Howell APC; P. Michael Nagle, Esq.*, Nagle & Zaller PC, Scottsdale, AZ

Amending Governing Documents: Providing Effective Legal Counsel (and Effective Amendments)
This session examines the challenges of shepherding clients through the process of amending their governing documents. Learn the factors that lead clients to contemplate amending their original founding documents and explore initial considerations for attorneys and clients to discuss before getting knee-deep into the amendment process. Find out how to provide effective legal counsel throughout that process (including mistakes to avoid) and review case law and the lessons learned from those cases.
Marion A. Aaron, Esq., Berding|Weil LLP, Walnut Creek, CA; Allen B. Warren, Esq., Chadwick, Washington, Moriarty, Elmore & Bunn PC, Fairfax, VA

Pet Regulations, Pet Peeves and Pets That Aren't Pets
Animal-related issues are important and emotionally charged. Learn about the wide range of pet issues in associations, from regulations for everyday living to core rules on who stays and who goes. This session covers the practical and legal handling of complaints, breedspecific regulations, the drafting and enforcement of regulations, pet amenities and "pets" as service, assistant and therapy animals.
Laura Brandow, Esq., Marcus, Errico, Emmer & Brooks PC, Braintree, MA; Carmen Rowe, Esq., Gryphon Law Group PS, Centralia, WA

11 a.m.
Law Seminar Adjourns

© 2017-2018 Community Associations Institute