 | Wayne Hyatt Lecture Keynote Speaker: Jeffrey ToobinCNN Senior Analyst & Best-Selling Author
A high-profile senior analyst for CNN and staff writer for The New Yorker, Jeffrey Toobin is one of the country’s most esteemed experts on politics, media, and the law. With unparalleled journalistic skill, Toobin has provided analysis on some of the most provocative and important events of our time. The author of critically acclaimed best-sellers, Toobin delved into the historical, political, and personal inner workings of the Supreme Court and its justices in his book The Nine: Inside the Secret World of the Supreme Court.
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Toobin’s latest
book, American Heiress: The Wild Saga of the Kidnapping, Crimes, and Trial of
Patty Hearst, was released to considerable acclaim in August 2016. The book
examines the 1974 kidnapping of Patty Hearst, granddaughter of publishing
magnate William Randolph Hearst, by the Symbionese Liberation Army. The
astonishing, theatrical details of the saga are firmly bound to a tangible
reality, aided by more than a hundred interviews and thousands of previously
secret documents. Toobin allows readers to peek into the past – right into one
of the most insane eras of American history. The book has already been optioned
for film by Fox 2000. His book, The Run of His Life: The People vs. O.J.
Simpson, was the basis for the acclaimed mini-series on FX, starring Cuba
Gooding, Jr., John Travolta, and Sarah Paulson.
OPTIONAL HALF-DAY PROGRAM | WEDNESDAY, JAN. 31 | 1–5 P.M.
$100 early registration by Dec. 15; $130 registration after Dec. 15
Associates Track:
L:100 – Essentials of Community Association Law (Attorneys Only)
Successful community association legal practice starts with the essentials and a strong ethical approach. Join experienced community association lawyers for an overview and case-law examples of the legal basis of community associations' rights and responsibilities as it relates to assessments, maintenance, policy, restrictions, and litigation, and how all the players involved make it come together.
Ellen Hirsch de Haan, Esq.*, Wetherington Hamilton P.A., Tampa, FL; Matt D. Ober, Esq.*, Richardson Ober PC, Pasadena, CA; Ronald L. Perl, Esq.*, Hill Wallack LLP, , Princeton, NJ; Loura K. Sanchez, Esq.*, Burg Simpson Eldredge Hersh Jardine PC, Englewood, CO; Steven L. Sugarman, Esq.*, Steven L. Sugarman & Associates, Berwyn, PA
Managing Partner Track:
Running a Community Association Law Practice
Join managing partners and other community association law firm executive leaders from around the country for a two-part workshop to help you better lead your association practice. The first half features a panel of managing and executive level partners discussing common challenges and best practices, including starting a new firm; what happens when a partner leaves the firm; practicing community association law within a multi-practice large firm; challenges of medium and small firm association practices; marketing; retirement planning; and human resource and business management issues. The second half provides time for attendees to gather in networking groups with firm leaders from different markets to share their own ideas and individual experiences.
Brendan P. Bunn, Esq.*, Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., Fairfax, VA; Elina B. Gilbert, Esq.*, HindmanSanchez, P.C., Lakewood, CO; Julie McGhee Howard, Esq.*, NowackHoward, LLC, Atlanta, GA; Marc D. Markel, Esq.*, Roberts Markel Weinberg Butler Hailey PC, Houston, TX; Daniel J. Miske, Esq.*, Husch Blackwell LLP, Milwaukee, WI
Law Seminar Program
GENERAL SESSIOns:
Case Law Update Part I
The Community Association Law Seminar Planning Committee is proud to present College of Community Association Lawyers (CCAL) fellows Scott B. Carpenter and Loura K. Sanchez to host Part I of the Case Law Update, a discussion of significant cases that shaped community association law in 2017 and upcoming, emerging trends in association jurisprudence.
Scott B. Carpenter, Esq.*, Carpenter, Hazlewood, Delgado & Bolen LLP, Tempe, AZ; and Loura K. Sanchez, Esq.*, Burg Simpson Eldredge Hersh Jardine PC, Englewood, CO
Case Law Update Part II
CCAL fellows J. David Ramsey and David J. Graf return to host Part II of the Case Law Update. Join "The Daves" as they review cases from 2017 that are sure to advance the future of community association law.
David J. Graf, Esq.*, Moeller Graf PC, Englewood, CO; and J. David Ramsey, Esq.*, Becker & Poliakoff, Morristown, NJ
Panel of Pundits
Got questions? Get answers. Attendees of all experience levels have the opportunity to ask an expert panel of attorneys about issues that have arisen, or may arise, in their practices, and hear the panel pose questions about pressing legal concerns and trends in the community association industry.
George E. Nowack Jr., Esq.*, (Moderator), NowackHoward, LLC, Atlanta, GA; Hope Derby Carmichael, Esq.*, Jordan, Price, Wall, Gray & Jones, Raleigh, NC; David W. Kaman, Esq.*, Kaman & Cusimano, Columbus, OH; Lisa A. Magill, Esq.*, Kaye Bender Rembaum, PL, Pompano Beach, FL; and Andrew J. Terrell, Esq.*, Whiteford, Taylor & Preston, LLP, Falls Church, VA
CONCURRENT SESSIONS
Ethics
If You Were Scared Before…Just Wait! Hot Ethical Trends and Updates on Ethics Cases and Opinions
A fast-paced review and interactive discussion of hot trends in ethics around the country and how they affect your practice with an expert panel of community association lawyers. Topics span all areas of ethics and professional responsibility from A to Z—attorney-client privilege to zero tolerance firm ethics policies. Bring a topic idea and prepare to discuss a variety of issues.
Jon H. Epsten, Esq.*, Epsten Grinnell & Howell, APC, San Diego, CA; Sandra L. Gottlieb, Esq.*, SwedelsonGottlieb, Los Angeles, CA; and Janet L. S. Powers, Esq.*, Fiore, Racobs & Powers, Irvine, CA
Ethics
Ego on Trial: Do Attorneys Succeed Because of, or in Spite of, Ego?
Attorneys surpass all other professions in several negative categories, including alcoholism, drug addiction, depression, and suicide. These problems are only symptoms of a deeper problem: the ego. Join your colleagues to examine to the burden of the ego, and whether we have succeeded as attorneys because of, or in spite of, our egos.
Bruce C. Jenkins, Esq.*, Jenkins Bagley, PLLC, Saint George, UT; and David S. Mercer, Esq.*, MercerTrigiani, Alexandria, VA
Technology: Rights
Special Topics: Association Names and Websites
One of the areas overlooked by community association law is the rights that a community association may have in its own name. Like any corporation, it's important for community associations to protect the usage of their name. Accompany your peers to explore various issues surrounding association names and websites.
Geoffrey A. Lottenberg, Esq., Lewis Brisbois, Ft Lauderdale, FL; Joel Martin McTague, Esq., Frank Weinberg & Black PL, Plantation, FL; and Erica Stump, Esq., Erica Stump PA, Capistrano Beach, CA
FHA: Avoiding Hostile Disputes
Navigating the Nuances of the Fair Housing Act
Understanding the complexities of determining what constitutes a "reasonable and necessary" accommodation is critical to avoiding a fair housing complaint. So is the art of advising clients regarding the parameters of a reasonable investigation of an accommodation request or a hostile housing dispute. Hear an in-depth discussion of the expectations that HUD and the courts have for community associations.
Augustus H. Shaw, IV, Esq.*, Shaw & Lines, LLC, Phoenix, AZ; and Wil Washington, Esq.*, Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., Fairfax, VA
FHA: Animal Accomodations
When is a Pig a Dog? Reasonable Accommodation of Assistance Animals in Community Associations
CC&Rs, and their enabling regulations, often include pet restrictions. One of the most potentially divisive association issues occurs when a resident requests an assistance animal pursuant to the Fair Housing Act that does not comply with the community governing documents. Community associations must navigate between effectively enforcing their CC&Rs without violating the FHA. Explore best practices to help you develop compassionate real-world'solutions to FHA animal accommodation requests that benefit the entire community.
Lydia Linsmeier, Esq., (Moderator), Carpenter, Hazlewood, Delgado & Bolen, LLP, Tempe, AZ; Candace Harper, Fair Housing Council of Riverside County Inc., Palm Springs, CA; Mary M. Howell, Esq.*, Epsten Grinnell & Howell, APC, San Diego, CA; Ms. Monica Lopez, Fair Housing Council of Riverside County Inc., Riverside, CA; and Jason Smith, Esq., Carpenter, Hazlewood, Delgado & Bolen, LLP, Tempe, AZ
Trends: Transgender
The New Normal: Transgender and Gender Variance in Community Associations
Join two CCAL attorneys and the Los Angeles LGBT Center's transgender economic empowerment project program manager for a panel discussion to explore the unique issues faced by transgender persons in housing with a focus on the emerging trends that affect community associations. Learn ways to address policies and rules, how to effectively communicate with transgender persons, and how to foster a discrimination- and bias-free environment.
Jeffrey A. Beaumont, Esq.*, Beaumont Tashjian, Woodland Hills, CA; Drian Juarez, Los Angeles LGBT Center, Los Angeles, CA; and Susan B. Tarley, Esq.*, Tarley Robinson, PLC, Williamsburg, VA
Trends
Hot Topics: Emerging Community Association Law Issues
Learn about the latest, most burning issues for community association law practitioners. This year's topics include: HUD's "hostile housing" rule; fair debt collection trends; how millennials impact legal issues for community associations; and free speech.
Kevin Hirzel, Esq., Cummings, McClorey, Davis & Acho, P.L.C., Livonia, MI; Margaret Wangler, Esq.*, Fiore, Racobs & Powers, Irvine, CA; Marla Diaz, Esq., Whiteford, Taylor & Preston, LLP, Falls Church, VA; and Tomio B. Narita, Esq., Simmonds & Narita LLP, San Francisco, CA
Legislation
Bucking the Trends: The Impact of Legislative Trends on Community Association Governance
The ever-increasing micromanagement of community associations through state and federal legislation significantly impacts how our communities govern effectively. From HAM radio antennas to short-term rentals, and free speech to clotheslines, community association leaders and managers across the country maneuver through a maze of legislation that challenges the way they manage, maintain, and govern. Learn about the role of legal counsel in preparing communities for new legislation on the horizon.
Dawn Bauman, CAE, Community Associations Institute, Falls Church, VA; Matt D. Ober, Esq.*, Richardson | Ober PC, Pasadena, CA; and Amy Tinetti, Esq., Hughes Gill Cochrane Tinetti, Walnut Creek, CA
Best Practices: Business Management
A Day in the Life of a Community Association Lawyers
Beyond the significant body of knowledge of the law and case law that governs the community association law practice are the actual business itself and daily realities and routines within the practice. Learn about recruiting attorneys, desirable skill sets to seek, client intake, developing and keeping clients, communications, marketing, talking to the media, and value billing.
Ellen Hirsch de Haan, Esq.*, Wetherington Hamilton P.A., Tampa, FL; Lincoln W. Hobbs, Esq.*, Hobbs & Olson | Carpenter Hazlewood, Salt Lake City, UT; and Frank A. Lombardi, Esq.*, Goodman, Shapiro & Lombardi, LLC, Lincoln, RI
Best Practices: Documents
Answering "Why?" Before "What?"
Governing documents tell owners, at great length, what must be done. Some owners resist being told what to do and resent the legalese that governing documents use. Join your colleagues to explore how lawyers might overcome such resistance with some simple shifts in how to approach drafting documents. Watch an expert panel use a sample declaration to illustrate that explaining why the tasks imposed by documents actually matter—and balancing legalese with simple English—can help replace owners' resistance with good citizenship.
Terrence A. Leahy, Esq.*, Leahy Fjelstad Peryea, Seattle, WA; Theresa M. Torgesen, Esq., Sound Legal Partners, Kenmore, WA
Best Practices: Hoarding
Dealing with Difficult People: Strategies for Responding to Hoarding Disorders and Hostile Environments
Five percent of the population suffers from hoarding disorder, and community associations will face greater numbers of these cases as the American population ages. The 2016 changes to the Fair Housing Act make dealing with these issues even more difficult. Learn about the laws related to both topics, explore the psychological elements associated with these complex issues, outline resources, and gain strategies and recommendations on how best to respond to these problems.
Sean D. Allen, Esq., Roseman & Associates, APC, Woodland Hills, CA; and Jasmine Hale, Esq., Adams | Stirling Professional Law Corporation, Los Angeles, CA
Best Practices: Over-55 Communities
Staying on Top of Issues in Over-55 Community Associations
With baby boomers expected to comprise over thirty-five percent of the United States' population within the next several years, housing for the over-55 owner or tenant is now a huge part of the real estate marketplace in today's community associations. Join your colleagues to dissect and evaluate real case scenarios involving the owner and associations—and in some instances, the lawyers—in age-restricted communities and take away creative and practical solutions to difficult problems.
Marshal Granor, Esq.*, CMCA, Granor & Granor, PC, Horsham, PA; and Steven L. Sugarman, Esq.*, Steven L. Sugarman & Associates, Berwyn, PA
Best Practices: Women Attorneys
The Power of Workplace Equality: Perspectives in a Community Association Law Practice
Join the women of the Law Seminar Planning Committee and community association law for a panel discussion about their perspectives on the unique challenges faced by women in our profession and area of expertise. Both men and women practitioners are welcome to learn real-world advice on topics including advancement in law firms and the profession, public perceptions of women lawyers generally and in community association law, discrimination (both overt and subtle), communication, marketing, technology, work-life-family balance, and more.
Moderated by Julie McGhee Howard, Esq.*, NowackHoward, LLC, Atlanta, GA
Panelists: M. Katherine Bushey, Esq., Kaman & Cusimano, Columbus, OH; Gabriella Comstock, Esq.*, Keough & Moody, P.C., Naperville, IL; Elina B. Gilbert, Esq.*, HindmanSanchez, P.C., Lakewood, CO; Gayle A. Kern, Esq.*, Kern & Associates, Ltd., Reno, NV; Sara Ross, Esq., Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., Fairfax, VA; Susan B. Tarley, Esq.*, Tarley Robinson, PLC, Williamsburg, VA
Best Practices: Freedom of Speech
Land of the Free? Not if You Live in a Community Association!
Join two California attorneys to learn about the First Amendment right to free speech and how such right may be restricted in community associations across the country. Under what circumstances can the right to free speech be curtailed? Where can and should the line be drawn? Hear the most prevalent scenarios where the right to free speech is being invoked, state and federal legislation surrounding the topic, and procedures and protocols boards can adopt to manage and address First Amendment issues.
Brian D. Moreno, Esq.*, SwedelsonGottlieb, Los Angeles, CA; and Lisa A Tashjian, Esq., Beaumont Tashjian, Woodland Hills, CA
Best Practices: Fiduciary Duty
Fiduciary Duty in Community Associations: A Moderated Panel Discussion with Association General Counsel, a Senior Claims Adjuster, and Trial Defense Counsel – CIRMS Crossover Session
An interactive, moderated panel discussion from the perspective of an association attorney, senior claims adjuster for a leading association insurance provider, and trial defense counsel. Join a discussion about fiduciary duty issues in the community association, including the legal standards that are applied to community association boards, alleged breach, insurance coverage issues, defense of claims, and best practices a board can follow in order to avoid a breach of fiduciary duty claim.
Daniela Burg, J.D., Community Association Underwriters of America, Newtown, PA; Terry A. Fox, Esq., Flaherty & Youngerman, P.C., Chicago, IL; Edward Hoffman, Jr., Esq., Barrow | Hoffman, Warminster, PA; Gerald Charles Wigger, Esq., Ortale, Kelley, Herbert and Crawford, Nashville, TN
Best Practices: Business Judgement Rule
For Whom The Bell Tolls: Is the Business Judgment Rule Dead?
Traditionally, the Business Judgment Rule insulated volunteer directors from honest mistakes in judgment. The Model ABA Rule adopted in more than thirty states includes language suggesting that the application of the Business Judgment Rule is dependent upon demonstrating reasonable diligence. A California Court has interpreted such language as creating a reasonable diligence (i.e., negligence) standard. Does this case signal the end of Business Judgment Rule's protection for honest mistakes? If so, what are the legal and insurance impacts?
Joel W. Meskin, Esq.*, CIRMS, McGowan Program Administrators, Fairview Park, OH; and Thomas Ware, II, Esq., Kulik Gottesman Siegel & Ware LLP, Sherman Oaks, CA
Best Practices: Priority Lien
Does Foreclosure of the Superpriority Lien Violate the Takings Clause? Bourne Valley Court Trust v. Saticoy Bay LLC (Series 350 Durango 104)
Join a discussion of superpriority lien foreclosure litigation using cases from the Nevada Supreme Court and Ninth Circuit who, within five months of each other, issued contradictory holdings where one found the foreclosure of a common-interest community superpriority lien (amended version of 1982 UCIOA) facially unconstitutional and the other constitutional, followed by discussion of how Nevada fixed the constitutional defects to save its superpriority statute.
Michael McKelleb, Esq., Angius & Terry, LLP, Las Vegas, NV
Best Practices: Bankruptcy
Trends Involving Owners: A Case study of a Bankrupt Association
Part I of the session focuses on the latest cases, opinions, and trends in bankruptcies involving owners as debtors. Learn about the increasingly challenging issues in owner-related bankruptcy matters across the country that require skill and experience in community associations and bankruptcy practice. Part II explores a case study of a luxury condominium association in Baltimore's Inner Harbor forced to file for bankruptcy protection when all of its bank accounts were frozen by garnishments filed by a unit owner who had judgments against the Council of Unit Owners.
Ursula K. Burgess, Esq., Rees Broome, P.C., Tysons Corner, VA; Michael A. Feltenberger, CMCA, AMS, PCAM, Barkan Management, LLC, Tysons, VA; Jacqueline D. Foster, Esq., Fiore, Racobs & Powers, Irvine, CA; Erin Maloney, Esq., Fiore, Racobs & Powers, Irvine, CA; Paul Sweeney, Esq., Yumkas Vidmar Sweeney & Mulrenin, LLC, Columbia, MD
* College of Community Association Lawyers (CCAL) fellow
Community Insurance and Risk Management Specialists (CIRMS)
Insurance Masters Program
The CIRMS Insurance Masters Program, conducted concurrently with the Law Seminar, is a program 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.
CIRMS Programming
CIRMS Risk Management & Insurance Case Law
Learn about important insurance case law directly involving community associations as well as insurance cases that could impact association governance, maintenance, and operations. As in the CIRMS Case Law 2017, all of the CIRMS Case Law 2018 will be supplemented with additional links for supporting material. Included with the CIRMS Case Law 2018 will be Appendices including one on "Deductibles and Self-insurance Retentions."
Moderated by Clifford J. Treese, CIRMS
Presented by George E. Nowack, Jr., Esq.*, Jennifer Wojciechowski, J.D.
Building a Partnership in Claims: Adjusting
Significant Property Losses Before They Occur
The successful adjustment and processing of significant property claims must begin before the loss occurs. Learn about the values at risk, who is responsible for determining those values, how those values are stored and how they're communicated to the various stakeholders. The presenters include specialists in insurable replacement cost valuation and estimating debris removal, and adjusters with experience in dealing with significant property losses from a variety of perils.
Moderated by Clifford J. Treese, CIRMS
Presented by Marc D. Markel, Esq.*, Sandra K. Denton, CMCA, LSM, PCAM, Vincent J. Hager, CIRMS, Lisa A. Magill, Esq.*, Kathryn C. Danella, CMCA, LSM, PCAM, Phillip Masi, CIRMS
Contributors Dawn Bauman, CAE, C. Scott Canady, Robb Greenspan (Public Adjuster), Theresa N. Melson, PCAM, CIRMS, Ronald R. Reitz (Public Adjuster), Robert Sides, AMS, PCAM, Robert A. Travis, CIRMS, Jennifer Wojciechowski, J.D., George E. Nowack, Jr., Esq.*
Building a Partnership in Claims: Adjusting and
Funding Significant Property Losses After They Occur
Now that the loss has occurred, where will the funds come from to repair the damage? And how will the loss be adjusted? For property losses involving high valued claims, insurance may or may not be available. If coverage is available, the deductibles and self-insured retentions may be very expensive and the use of insurance may limit certain types of federal aid. Experience indicates that it is unlikely that a single source of funding (such as insurance) will be sufficient to pay for major property losses. In some instances, parts of the association may be subject to eminent domain and/or zoning laws that forbid entire reconstruction. The presenters include those involved with adjusting, insuring, and funding large losses.
Moderated by Clifford J. Treese, CIRMS
Presented by Marc D. Markel, Esq.*, Sandra K. Denton, CMCA, LSM, PCAM, Vincent J. Hager, CIRMS, Lisa A. Magill, Esq.*, Kathryn C. Danella, CMCA, LSM, PCAM, Phillip Masi, CIRMS
Contributors Dawn Bauman, CAE, C. Scott Canady, Robb Greenspan (Public Adjuster), Theresa N. Melson, PCAM, CIRMS, Ronald R. Reitz (Public Adjuster), Robert Sides, AMS, PCAM, Robert A. Travis, CIRMS, Jennifer Wojciechowski, J.D., George E. Nowack, Jr., Esq.*
Best Practices: Fiduciary Duty
Fiduciary Duty in Community Associations: A Moderated Panel Discussion with Association General Counsel, a Senior Claims Adjuster, and Trial Defense Counsel – CIRMS Crossover Session
An interactive, moderated panel discussion from the perspective of an association attorney, senior claims adjuster for a leading association insurance provider, and trial defense counsel. Join a discussion about fiduciary duty issues in the community association, including the legal standards that are applied to community association boards, alleged breach, insurance coverage issues, defense of claims, and best practices a board can follow in order to avoid a breach of fiduciary duty claim.
Daniela Burg, Community Association Underwriters of America, Newtown, PA; Terry A. Fox, Esq., Flaherty & Youngerman, P.C., Chicago, IL; Edward Hoffman, Esq., Barrow Hoffman, Warminster, PA; and Gerald Charles Wigger, Esq., Ortale, Kelley, Herbert and Crawford, Nashville, TN
* College of Community Association Lawyers (CCAL) fellow