Optional Pre-Forum

California Common-Interest Development (CID) Law Course

Thursday, Oct. 20, 8:00 a.m.–5:00 p.m. (registration begins at 7:30 a.m.) at the Renaissance Indian Wells Resort & Spa

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.

Registration fees (lunch included) on or before Sept. 30: $95 members | $130 nonmembers
After Sept. 30: $110 members | $145 nonmembers

Legal Forum Education Sessions

Short-Term Rentals: Long-Term Enforcement Strategies

One of the most persistent problems facing associations today is short-term rentals. Homeowners are reaping significant financial benefits and websites such as Airbnb and VRBO have made short-term renting in community associations more prevalent. This lively discussion explores the impact of short-term rentals on association resources and community values. The presentation offers options for adopting and implementing rental provisions, as well as case studies on how to effectively enforce violations.
Robert DeNichilo, Esq., Nordberg|DeNichilo, LLP; Laurie Poole, Esq.*, Peters & Freedman, L.L.P.; Amy Tinetti, Esq., Hughes, Gill, Cochrane, P.C.

Does D&O stand for Dangerous and Offensive? Sometimes!

Maximizing Directors and Officers Liability Insurance Coverage and Indemnity for Claims against Managers, Directors, and Community Associations Community association management becomes more complex every day, and legal challenges and claims related to basic operations, management contracts, and board policies arise. Claims can arise from neighbor disputes, breach of contract, alleged discrimination, trespass, employer liability, improper voting and elections, wrongful assessment collection, and more. Is the association covered appropriately under the association's Directors and Officers policies? Learn how associations can handle such claims while protecting managers and board members.
Steven S. Weil, Esq.*, Berding|Weil, LLP; James R. McCormick, Esq., CCAL, Peters & Freedman, L.L.P.

The Politics of it All

Election Day is just a few weeks away, and politics are on everyone's mind. This year's presidential election should prove to be contentious because every U.S. citizen has a strong opinion about the candidates running for office. The 2016 presidential election is one of many changes in office anticipated this year—confirmation of new Supreme Court Justices and filling Congressional seats will also be big issues. Learn what to expect this dynamic election year during this informational presentation.
David Wankel, Esq., Iger Wankel & Bonkowski, LLP; Thomas Ware, Esq., Kulik, Gottesman, Siegel & Ware, LLP; A. Patrick Munoz, Esq., Rutan & Tucker, LLP

It's a Bird, It's a Plane, No ... It's a Drone!

Drones are flying everywhere—they've become increasingly popular as a hobby, a tool for property inspection and contractor management, and even as a delivery vehicle. However, drones also are controversial and a point of contention within community associations. How can your association control drones? Should your association limit drone usage? This presentation educates you on everything you need to know to help your association chart this airspace, including how associations can effectively manage and regulate this up-and-coming technology.
W. Alexander Noland, Esq., SwedelsonGottlieb; Melissa B. Ward, Esq., Hughes Gill Cochrane P.C.

​Slippery When Wet: Managing the Risk of Water Losses

Community associations are vulnerable to property losses, especially those caused by water damage. Associations rely on community managers to help protect association assets by ensuring an association's insurance and risk management program is as effective as possible. This presentation tackles water related losses head-on and gives you the information  you need to understand processing and managing water loss insurance policies, as well as how to approach managing risk with insurance coverage, governing document provisions, and water loss policies.
Andrea L. O'Toole, Esq., Berding|Weil, LLP; Dennis Socher, Socher Insurance Agency; TBD

The Good, The Bad, and The Ugly: A Guide to HOA Law

This presentation explores multiple scenarios and case studies about the everyday governance in community associations and offers managers essential strategies for navigating related legal issues. Learn how to approach defamation claims against and on behalf of community associations, board members, and managers; contract provisions, such as insurance, liability, and arbitration clauses; and productive mediation and arbitration methods. Key takeaways include practical theories, remedies, and defenses for both associations and managers.
Karen Kokowicz, CMCA, PCAM, Coro Community Management & Consulting; Steven Roseman, Esq., Roseman & Associates

Proactive Strategies for Handling Specific Challenges of Elderly Residents – Their Rights, Needs, and the HOA's Responsibilities

As the population ages and lives longer, community associations face issues that affect elderly residents, such as neglect, loss of mental function, death, disability, and injury. Most common-interest communities are not equipped to handle these issues and often are unprepared when they arise. As the fiercely independent Baby Boomer generation grows older, associations should proactively plan to handle issues related to aging. This presentation examines community associations' legal responsibilities and provides practical solutions.
Timothy Flanagan, Esq., Green Bryant & French, LLP; David Kline, Esq., Epsten Grinnell & Howell, APC; Sharon Badham, PCAM, Desert Resort Management

HOAs in the Digital Age: Social Media and Internet Presence in Associations

Our world is growing increasingly digital, and associations are not immune to the effects of the digital age. With new technology and internet resources, the omnipresent "cloud" and increasingly tech-savvy owners, how can boards and managers balance making use of such resources? Find out how associations and owners can benefit from social media and internet presence while avoiding potential issues, how associations should integrate technology and where to draw the line.
Sandra L. Gottlieb, Esq.*,, SwedelsonGottlieb; Farrah Esquer, CMCA, AMS, PCAM, Cardinal Property Management, AAMC

Disabilities and Assistance Animals in HOAs: Reasonable Accommodations

The topic of associations and assistance animals for individuals with disabilities can be confusing, and statutes surrounding the matter are ever-evolving. The State Department of Fair Employment and Housing is adopting new regulations concerning assistance and service animals, including new guidelines for reasonable accommodations to a disability. This presentation will give you the latest information on this important topic that affects all community associations.
Janet L.S. Powers, Esq.*, Fiore, Racobs & Powers, A PLC; Representative of the California Department of Fair Employment and Housing (DFEH)

How to Enforce the Course

Rules enforcement within community associations can be challenging, but it doesn't have to be. This presentation reviews a 12-step process detailing how managers and board members can enforce community association policies and governing documents effectively—including rules, architectural review committee guidelines, and CC&Rs. This in-depth discussion addresses everything from violation letters, hearings, internal and alternate dispute resolution, lawsuits, and more.
Margaret G. Wangler, Esq.*,, Fiore, Racobs & Powers, A PLC; Eric Angle, CMCA, AMS, PCAM, Trilogy at La Quinta Maintenance Association

I Can't Believe You Said That! Community Association Liability for the Written and Spoken Word

We live and work in a society where people speak, write, blog, post or tweet whatever they may be feeling at the moment—without a filter. While certain community association speech is protected, there is a growing concern that some of the words we use in our communities not only engender resentment and hostility, but also place the association, its board and managers at risk of liability. This interactive presentation reviews the law of defamation in the community association setting and engages participants to develop best practices for association communication.
Matt D. Ober, Esq.*, Richardson Harman Ober, PC; Jeffrey A. Beaumont, Esq.*, Beaumont Gitlin Tashjian; Jennifer Jacobsen, Esq., Baydaline & Jacobsen, LLP

Hot Topics for 2017 and Beyond

This presentation delivers an overview of issues expected to impact California community associations in 2017. How can associations manage and maintain golf courses when the sport is in decline? How will associations process the excessive requests for governing documents and sensitive information that needs to be redacted?  And how will associations comply with the new California law that reallocates repair and replacement responsibility to the association for exclusive-use common areas that owners are responsible for maintaining? Get answers to these and other questions about what's in store for community association in the next few years.
Mary Howell, Esq.*, Epsten, Grinnell & Howell, APC; Wayne Guralnick, Esq., Guralnick & Gilliland, LLP; MGR TBD

*CCAL fellow