OPTIONAL HALF-DAY PROGRAM
WednesDay, JANUARY 18

Noon–1 p.m.

Registraton for Optional Half-Day Program

1–5 p.m.

$100 early registration by Dec. 9; $130 registration after Dec. 9

Judge, Lobbyist, Legislator, and Media Perspective on Community Association Law

This program imparts key perspectives from a diverse panel with discussion on local and federal issues that impact community association attorneys and their clients. Join a judge, lobbyist, legislator, and media representative to gain insight on how community association lawyers can influence the industry's law process. This program divulges a judge's thoughts during a community association law case and what they want to hear from you; a case study from a lobbyist who specializes in community association law; what a legislator hears from stakeholders and ideal responses to pending laws; and how to communicate with media outlets to successfully convey a clear message.
Dawn Bauman, CAE, Community Associations Institute, Falls Church, VA; C. Scott Canady, CAI's Federal Advocate, Tambala Strategy, Alexandria, VA; Garrett D. Gordon, Esq., Lewis Roca Rothgerber Christie LLP, Reno, NV; The Honorable Judge Joe Hardy, Jr., Las Vegas, NV; Mark Lodato, Walter Cronkite School of Journalism and Communications, Arizona State University, Amy Hawkes Repke, Community Associations Institute, Falls Church, VA and Assemblywoman Ellen Spiegel, Nevada Assembly

4–6 p.m.

Early Law Seminar Registration

Law Seminar Programming

THURSDAY, JANUARY 19

11 a.m.–5 p.m.

Registration and MCLE Sign-in

11:30 a.m.–Noon

Lunch

Noon–12:30 p.m.

Welcome & CCAL and CIRMS Inductions

12:30–1:30 p.m.

Wayne Hyatt Lecture Series Featuring Dave Barry

1:30–1:40 p.m.

Refreshment Berak

1:40–2:40 p.m.

Concurrent Sessions

The Shores of Panama Case: When Directors Serve the Wrong Master

In February of 2016, a federal jury in Tallahassee returned an $11.9 million verdict that included $10 million in punitive damages for a Florida condominium association against four of its former directors for breach of fiduciary duty. This presentation by trial counsel for the association examines the facts that led to the verdict, how the case was prepared and presented, and the national implications of the verdict.
Denise Hindes, All-In-One Community Management, Dallas, GA; John P. Townsend, Esq., Becker & Poliakoff, Ft. Walton Beach, FL

Between the Ears, Between the Lines: Reading the Minds of Board Members to Be a More Effective Community Association Lawyer

Community association attorneys need to ensure that they are providing clients with sound advice and communicating it in a manner that the board understands, respects, and follows, positioning the attorney to be a partner in their client’s success. Understanding the psychology of the board is key for community association attorneys and assists them in providing the best service to their clients. This session discusses some of the common board personalities and challenges in communications and provides real-life examples of how to address the same in practice.
Ursula K. Burgess, Esq., Rees Broome, PC, Tysons Corner, VA; Richard Allen Davis, III, Esq., Chmelik Sitkin & Davis PS, Bellingham, WA; Thomas L. Willis, AMS, PCAM, Association Bridge, LLC, Damascus, MD

Social Media in Communities: Is Facebook Your Friend or Foe? Is Using Twitter Good or Bad for the Community? How Associations Can Benefit from and Properly Handle Social Media Issues

Learn about how to properly control your clients’ online association profiles and communications and discuss situations in which social media exposes an association to potential liability, the possible insurance coverage issues that arise, and where the courts stand on these topics.
Daniela Burg, JD, Community Association Underwriters of America Inc., Newtown, PA; Edward Hoffman, Jr., Esq., Barrow Hoffman, Warminster, PA; Gerald C. Wigger, Esq., Ortale, Kelley, Herbert and Crawford, Nashville, TN 

2:40–2:50 p.m.

Refreshment Break

2:50–3:50 p.m.

Concurrent Sessions

Practical Intellectual Property Issues for the Community Law Practitioner

Learn about intellectual property issues that may arise for the community law practitioner such as contracting for website creation, use of special software packages, cable contracts, and disputes regarding licensing various intellectual property for the community.
Scott J. Eriksen, Esq., Perkins & Anctil PC, Westford, MA; Geoffrey A. Lottenberg, Esq., Lewis Brisbois Bisgaard & Smith, Ft Lauderdale, FL; Joel M. McTague, Esq., Frank Weinberg & Black, Plantation, FL 

Hey Dude, Don't Bogart My Doobie: Restricting Medical and Recreational Marijuana in Common Interest Developments

Twenty-three states and the District of Columbia authorize recreational or medical marijuana use. There is a federal movement to reclassify marijuana under the Controlled Substances Act. Can community associations prohibit or limit marijuana use? Does an asserted medical need qualify as a disability requiring compliance with fair housing laws? How do municipalities address such problems? Hear about the impact of state marijuana laws, and the potential impact of federal legalization of marijuana, on association enforcement rights.
A. Patrick Munoz, Esq., Rutan & Tucker LLP, Costa Mesa, CA; Thomas M. Ware II, Esq., Kulik Gottesman Siegel & Ware LLP, Sherman Oaks, CA

Understanding, Preparing for, and Responding To Cyber Threats

Data breaches, hacking, malware, and accidental exposure of sensitive information are real problems facing every type of business and industry, including community associations. Associations maintain a variety of information about their members, as well as financial and other sensitive information relating to the association itself. Learn how to identify the types of lurking cyber threats and how to prepare for and respond to potential threats.
Howard R. Feldman, Esq., Whiteford, Taylor & Preston LLP, Baltimore, MD; Michael C. Gartner, Esq., Whiteford, Taylor & Preston LLP, Falls Church, VA

3:50–4 p.m.

Refreshment Break

4–5:30 p.m.

Case Law Update Part I

It’s a new dawn. It’s a new day. The Community Association Law Seminar Planning Committee is proud to present the first of its new lineup for the annual event’s most favored session. CCAL fellows Scott B. Carpenter and Loura K. Sanchez host Part I of the Case Law Update, a discussion of significant cases that shaped community association law in 2016. In addition to reviewing individual cases, this session examines emerging trends in association jurisprudence.
Scott B. Carpenter, Esq.*, Carpenter, Hazlewood, Delgado & Bolen PLC, Tempe, AZ; Loura K. Sanchez, Esq.*, HindmanSanchez PC, Arvada, CO

5:45–6:45 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.

FRIDAY, january 20

7:30 a.m.–5 p.m.

Registration, MCLE Sign-in and Bookstore

7:30–8:30 a.m.

Continental Breakfast

8:30–9:30 a.m.

President's Swearing In Ceremony Live Streamed

9:30–9:40 a.m.

Refreshment Break

9:40–11:10 a.m.

Concurrent Sessions

Hot Topics: Trends on the Horizon of Community Association Law

What does the future hold for community association law? Discussion topics include: transgender accommodations and housing rights with a focus on important cases and analysis trends; law firms’ vulnerability to cyber breaches and compliance with ISO 27001, an international standard for information security; insurance and liability issues surrounding increasingly popular electric car charging stations and whether stations should be considered limited or general common elements; and how covenant-controlled associations can remain viable and work with developer-created special districts rather than be subjugated into a district world.
Kevin M. Hirzel, Esq., Cummings, McClorey, Davis & Acho, PLC, Livonia, MI; Ashley Nichols, Esq., HindmanSanchez PC, Arvada, CO; Ronald L. Perl, Esq.*, Hill Wallack LLP, Princeton, NJ; Susan B. Tarley, Esq.*, Tarley Robinson PLC, Williamsburg, VA

Community Associations and the Joint Employer Conundrum: Is the Association Vendor its Employee?

Following the National Labor Relations Board’s recent decision expanding the scope of joint employer relationships, community associations may be inadvertently taking actions which could lead to the association being found to be a joint employer of its vendors’ employees. This could lead to exposure for workers compensation, overtime, vacation, discrimination, and other employment-related claims against the association by the employee. This session encourages audience participation and discussion as to circumstances where a joint employer relationship might be found, strategies associations and their counsel can take to limit the likelihood that the association would be found to be a joint employer, and how to limit liability in circumstances where the association could be determined to be a joint employer.
Greg Coulter, Esq., Litler Mendelson, Phoenix, AZ; Robert M. DeNichilo, Esq., Nordberg | DeNichilo, LLP, Irvine, CA; Deborah Birndorf Zeiler, Esq., Birndorf Law Offices, Los Angeles, CA

The Ethical and Legal Challenge of Advising Association Clients to Ignore the Law or their Governing Documents

Have you run into that one arcane provision in an applicable community association law statute or declaration that seems to stand in the way of a very sensible and completely unopposed action that a board is considering? Can you ethically and legally advise your board that they have the option of ignoring that provision if you believe there is no chance anyone will challenge the action? Is it ever in the association’s best interest to ignore the law or its own governing documents? This session explains the legal and ethical issues arising in this all-too-common situation.
John D. Morris, Esq.*, Morris Sperry, Midvale, UT

11:10–11:20 a.m.

Refreshment Break

11:20 a.m.–12:20 p.m.

Concurrent Sessions

A Primer on FDCPA Class Actions and How to Avoid Them

Attorneys who collect for associations have increasingly become targets for Fair Debt Collection Practices Act class action attorneys, who are scouring court filings and putting letters and pleadings under a microscope, looking for potential violations of the act. What steps can firms take to avoid FDCPA claims, and to limit their FDCPA class action exposure should a suit be filed against them? This session provides an overview of common FDCPA class action theories that have been filed against collection attorneys, practical advice for reducing your exposure to similar claims, and class action defense strategies.
Tomio B. Narita, Esq., Simmonds & Narita LLP, San Francisco, CA; Ellen A. Shapiro, Esq., Goodman, Shapiro & Lombardi LLC, Dedham, MA

"Don't Tweet Me That Way": Advising Community Association's on Effective Communication in the 21st Century

Common-interest communication in the age of social media presents a degree of risk and potential liability for community association directors and managers. This risk directly translates into an obligation for association counsel to guide clients in using social media effectively to avoid exposing the association to liability. While social media platforms provide more effective ways to engage owners in today’s multigenerational communities, community dissenters who are social media savvy are taking their causes online. This session identifies the legal challenges presented by social media in our communities and discusses how associations can manage communication expectations to lessen community frustration and to “get ahead of the game,” and how to defend against attacks by those actively campaigning against the association through social media while maintaining order and community harmony.
James McCormick, Esq.*, Peters & Freedman LLP, Encinitas, CA; Matt D. Ober Esq.*, Richardson Harman Ober PC, Pasadena, CA  

When Disaster Leads to Litigation, Leading to the Discovery of a Bigger Disaster (Insurance Crossover)

Complex community association litigation is unique in many aspects. Multiple players with often conflicting roles; service professionals with inadequate experience and training and the strife that accompanies litigation can and will often tear the community from the association. In this case study, plaintiff and defense counsel in a multi-year contentious dispute will share the lessons they learned in their efforts to resolve a case and restore a community in connection with that resolution.
Nathan D. Alder, Esq., Christensen & Jensen, Salt Lake City, UT; Lincoln W. Hobbs, Esq.*, Hobbs & Olson Carpenter Hazlewood, Salt Lake City, UT; Sarah H. Orme, Esq., Hobbs & Olson Carpenter Hazlewood, Salt Lake City, UT 

12:20–12:50 p.m.

Lunch

12:20–2:20 p.m.

Case Law Update Part II

The new format continues today, as CCAL fellows J. David Ramsey and David J. Graf host Part II of the Case Law Update. Join "The Daves" as they review cases from 2016 that will be advance the future of community association law.
David J. Graf, Esq.*, Moeller Graf PC, Englewood, CO; J. David Ramsey, Esq.*, Becker & Poliakoff, Morristown, NJ

2:20–2:30 p.m.

Refreshment Break

2:30–4 p.m.

Concurrent Sessions

Lawyers, Guns, and Covenants: Can Community Associations Regulate Gun Possession?

Gun control remains an ever-present, politically charged debate in America. Most of these debates focus on state and local governmental limitations on gun ownership and possession. However, is there any legal basis for community associations to regulate guns? Are community associations bound by the Constitution? Are there considerations beyond the Constitution? This presentation analyzes relevant legal issues related to enactment and enforcement of firearm regulations in community associations.
Joseph Adams, Esq.*, Becker & Poliakoff PA, Fort Myers, FL; Marc D. Markel, Esq.*, Roberts Markel Weinberg Butler Hailey PC, Houston, TX; Robin L. Strohm, Esq., Williams & Strohm, LLC, Columbus, OH; Kimberly Sutter, Esq., Eads, Murray & Pugh, PC, Indianapolis, IN

Assault on Limited Lien Priority: Issues and Strategies to Protect Associations

The statutory limited lien priority in 22 states and the District of Columbia is under assault by Fannie Mae, Freddie Mac, and the Federal Housing Finance Agency. CAI is defending this vital tool as an amicus curiae and through political strategies. This session explains the latest cases and issues in dealing with loan servicers, federal agencies and their allies, and takeaway practice advice on how to protect your associations’ rights.
Robert M. Diamond, Esq.*, Reed Smith LLP, McLean, VA; Jaime Fraser Carr, Esq., Nodiff & Billy, The Community Association Lawyers, St. Louis, MO; Stephen M. Marcus, Esq.*, Marcus, Errico, Emmer & Brooks PC, Braintree, MA; Marvin J. Nodiff, Esq.*, Nodiff & Billy, The Community Association Lawyers, St. Louis, MO

Buyer Beware: Construction Defect Law Changes That Affect Homeowners Associations

During the recent recession, condominium construction slowed down nationwide. In response, some states passed laws to incentivize condominium development. The result is lower construction standards, limited liability for construction defects, and complex and onerous burdens on communities with construction defects. Recent case law developments also have created additional obstacles that associations dealing with construction defects must overcome. This session explains recent changes in the law and how to best protect your clients.
Ken Harer, Esq., RS*, Condominium Law Group PLLC, Seattle, WA; Mari K. Perczak, Esq., Burg Simpson Hersh Eldredge Hersh & Jardine PC, Englewood, CO; Jennifer A. Seidman, Esq., Burg Simpson Hersh Eldredge Hersh & Jardin PC, Englewood, CO

4–4:10 p.m.

Refreshment Break

4:10–5:30 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.
Andrew G. Elmore, Esq.* (Moderator) Chadwick, Washington, Moriarty, Elmore & Bunn PC, Fairfax, VA; Edmund Allcock, Esq.*, Marcus, Errico, Emmer & Brooks PC, Braintree, MA; Darcy Mehling Good, Esq.*, Kaman & Cusimano LLC, Cleveland, OH; Beth Mulcahy, Esq.*, Mulcahy Law Firm PC, Phoenix, AZ; Scott J. Sandler, Esq.*, Sandler, Hansen & Alexander LLC, Middletown, CT

SATURDAY, january 21

8–11:10 a.m.

Registration, MCLE Sign-in and Bookstore

8–9:30 a.m.

Continental Breakfast

9–9:30 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.

9:30–9:40 a.m.

Refreshment Break

9:40–11:10 a.m.

Concurrent Sessions

Wrestling with Short-Term Rentals and the Challenges Community Associations Face

This session addresses the phenomenon of short-term rentals and the impact on community associations nationwide. Discussion includes Airbnb, VRBO, and similar platforms, how they operate, and the challenges and opportunities these enterprises pose for community associations. The session also identifies relevant issues and effective enforcement strategies; surveys short-term rental cases, statutes, and legislation throughout the country; explores the relationship between unit owner and renter; and much more.
Jaja Jackson, Global Multifamily Housing Partnerships at Airbnb, San Francisco, CA; Lisa Tashjian, Esq., Beaumont Gitlin Tashjian, Woodland Hills, CA; Steven S. Weil, Esq.*, Bearding & Weil LLP, Walnut Creek, CA

Community Associations: The New Guardians of Civil Rights?

Recent developments in the implementation and enforcement of the Fair Housing Amendments Act of 1988 as applied to community associations will—and in some cases, already are—presenting significant challenges for associations, board members, management companies, and managers. This session discusses the proposed U.S. HUD rules regarding “quid pro quo” and “hostile environment” harassment, as well as disparate impact issues, which may limit an association’s ability to reject proposed occupants “for cause.”
Michael E. Chapnick, Esq., Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel PA, West Palm Beach, FL; Michael L. Hyman, Esq.*, Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel PA, Coral Gables, FL; Scott D. Weiss, Esq., Weiss & Weiss, Attorneys at Law, Nashville, TN

The Insurance Defense Dilemma: Conflicts of Interest Regarding Insurance Defense Under a Reservation of Rights

Insurers have duty to defend their insured against any claim covered by the policy. This session addresses insurers’ coverage options regarding defense of potential claims with a focus on the most prevalent coverage option, as well as defense under a reservation of rights and the potential conflicts of interest a reservation of rights defense may cause for the insurer, the insured, and insurance defense counsel.
Joel W. Meskin, Esq., CIRMS*, McGowan Program Administrators, Fairview Park, OH; Nicholas A. Rogers, Esq., Berding & Weil, Walnut Creek, CA; Augustus H. Shaw IV, Esq.*, Shaw & Lines LLC, Phoenix, AZ

Community Insurance and Risk Management Specialists (CIRMS)
Insurance Masters Program

CCAL and CIRMS members are pleased to bring back the CIRMS Insurance Masters Program, conducted concurrently with the Law Seminar. The program is for the experienced insurance professional and is taught at a master's level by community association insurance experts, the program goes beyond the basics of community association insurance to include risk management and legal issues. Space is limited. Registration for the Law Seminar includes the CIRMS Insurance Masters Program.

Thursday, January 19

1:40–3:50 p.m.

Residential Mortgage Lending: Roundtable Discussion with Fannie Mae, Freddie Mac, FHA and FEMA on Risk Management & Insurance Issues

This session provides an open dialogue among Law Seminar attendees and CIRMS designees with those from the "Agencies" to promote a better understanding of problems and possible solutions concerning community association risk management and insurance issues. Topics include obtaining insurance to value; determining fidelity/crime insurance limits; joint loss endorsements in mechanical breakdown policies; flood insurance for all types of community associations; and responding to mortgage lender insurance concerns.
Clifford J. Treese, CIRMS (Moderator), Association Data Inc., Mountain House, CA;  Jodi Horne, Senior Credit Risk Analyst, Single-Family Credit Policy, Fannie Mae; Patricia E. McMenomy, Credit Risk Analyst, Fannie Mae; Kevin R. Hickey, Director Collateral Risk Policy, Freddie Mac; Joanne B. Kuczma, Housing Program Officer, FHA; John Hintermister, Insurance Examiner - Underwriting Branch, FEMA

Friday, January 20

9:40 a.m.–12:20 p.m.

Community Associations and Liability Issues in Contracts

This session provides a closer focus on community association issues in hold harmless clauses, key elements of AIA contracts, bonding-basics for construction and rehab work, aviation risks involving drones, and special coverage situations and verifying coverage. These five focus areas also feature material to supplement a 170+ page manual distributed to session attendees that covers insurance requirements in contracts and a broad range of liability insurance issues as applied to many different types of contracts.
Clifford J. Treese, CIRMS (Moderator), Association Data Inc., Mountain House, CA; Kevin Miller, ARM, Alliant Insurance Services Inc., Seattle, WA Chapter Topics from the Insurance Requirements Manual topics presented by: Timothy Cline, CIRMS, Timothy Cline Insurance Agency, Santa Monica, CA; Michele King, CIRMS, Arthur J. Gallagher Risk Management Services Inc., Itasca, IL; Robert M. Mulhern, Jr., Esq., Steven L. Sugarman & Associates, Berwyn, PA; Steven L. Sugarman, Esq.*, Steven L. Sugarman & Associates, Berwyn, PA

11:20 a.m.–12:20 p.m.

When Disaster Leads to Litigation, Leading to the Discovery of a Bigger Disaster (Insurance Crossover)

Complex community association litigation is unique in many aspects. Multiple players with often conflicting roles; service professionals with inadequate experience and training and the strife that accompanies litigation can and will often tear the community from the association. In this case study, plaintiff and defense counsel in a multi-year contentious dispute will share the lessons they learned in their efforts to resolve a case and restore a community in connection with that resolution.
Nathan D. Alder, Esq., Christensen & Jensen, Salt Lake City, UT; Lincoln W. Hobbs, Esq.*, Hobbs & Olson Carpenter Hazlewood, Salt Lake City, UT; Sarah H. Orme, Esq., Hobbs & Olson Carpenter Hazlewood, Salt Lake City, UT

2:30–4 p.m.

Community Association Risk Management & Insurance Case Law

This new session explores significant legal cases involving critical aspects of association risk management and insurance such as property losses, liability claims, directors and officers litigation, mechanical breakdown, and recent important insurance trends. Attendees gain a better understanding of not only the mechanics of insurance coverage litigation, but also of insurance coverages as seen in the context of litigation.
George E. Nowack, Jr., Esq.*, NowackHoward LLC, Atlanta, GA;  Jennifer Wojciechowski, JD, Community Association Underwriters of America, Newtown, PA

* CCAL fellow