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Who should attend Problem Solving For Wisconsin Condominiums And Homeowners' Associations: The Development And Governance Of Green Acres, A Hypothetical 40-Acre Homeowner And Condominium Planned Community
This seminar is designed for attorneys, brokers, sales managers, realtors, escrow agents, developers, property managers, homeowner and condominium association members, construction lenders, construction professionals, engineers, project managers, surveyors, presidents, vice presidents and paralegals.
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Problem Solving For Wisconsin Condominiums And Homeowners' Associations: The Development And Governance Of Green Acres, A Hypothetical 40-Acre Homeowner And Condominium Planned Community  

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This seminar is designed for attorneys, brokers, sales managers, realtors, escrow agents, developers, property managers, homeowner and condominium association members, construction lenders, construction professionals, engineers, project managers, surveyors, presidents, vice presidents and paralegals.

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Seminar Summary:

This seminar will examine the fundamental legal issues as they relate to all aspects of the homeowners' and condominium associations, including formation, rule enforcement, conflict resolution, and documentation. (see full course description)

 
 

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Training Course Syllabus:


This highly informative seminar will enhance your knowledge and understanding of the fundamental legal issues related to homeowners' and condominium associations. Discussions will examine these legal issues as they relate to all aspects of the homeowners' and condominium associations, including formation, rule enforcement, conflict resolution, and documentation. After attending this seminar, you will have a greater sense of applicable laws and processes involved in developing and operating a common interest community, and will be able to handle a much broader range of community issues that arise in your daily practice.

Topics to be discussed:

  • Doing Well By Doing Good: Some Hints For Developers To Keep Their Customers Happy
  • How Can A Developer Minimize Financial Responsibility To An Association For Assessments?
  • What Is The Common Law Duty, If Any, For Developer Reserve Funding And What Are Statutory Proposals?
  • How Can A Successful Transition To Homeowner-Control Reduce The Likelihood Of Developer Liability Later?
  • What Are Strategies For Developing An Over-55 Community?
  • How Do You Deal With A Disability Claim?
  • Strategies And Pitfalls In Creating An Expandable Condominium

9:00 a.m. - 12:00 p.m.

(Break 10:30 a.m. - 10:45 a.m.)

I. Forty Acres, A Barn And A Shoreline

A. Forms Of Common Interest Communities In Wisconsin

B. Advantages And Disadvantages Of Choosing One Form Over Another

C. Municipal Involvement In The Choice Of Form

D. Mixed Use Opportunities

E. Purposes: Architectural Controls, Use Controls, Maintenance Of Common Amenities

II. Fifty Home Sites, A Map And A Marketing Plan

A. The Law Of Servitudes

B. The Homeowner Association: Characteristics And Choice Of Entity

C. The Creating And Governing Documents

D. Developer Objectives, Control And Responsibilities

III. Ten Condominiums With Balconies And A View

A. Characteristics And Differences From Homeowners' Associations

B. Formation Requisites Under Chapter 703

C. Role Of The Drafting Attorney At Formation

D. The Drafting Attorney's Legacy To Future Homeowners And Mortgage Lenders

E. Developer Objectives, Control And Duties

F. Special Issues Concerning Phasing

G. Fiduciary Duties Concerning Reserves And Physical Plant

IV. Riparian Rights – Shorelines And Piers

A. Common Law

B. Statutory Law

C. ABKA Limited Partnership v. Wisconsin DNR

V. Lending To The Developer (Loans, Collateral, Construction Liens)

VI. Lending To The Condominium Association

A. Need For Association Loans

B. Loan Structures

C. Underwriting Requirements

D. Collateral

E. Other Professionals Involved In The Loan Transaction

F. Time Line Of Loan

G. Defaults

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 4:30 p.m.

(Break 2:30 p.m. - 2:45 p.m.)

VII. Lending To The Homeowners (Secondary Market Requirements)

VIII. Using A Good Transition Plan To Make Friends And Influence Customers

A. Minimizing Liability And Selling Units

B. The Role Of The Developer Attorney Before And After Transition

IX. Life Of The Community

A. Funding The Association For Expenses And Reserves

B. Lien Power

C. Developer's Obligation To Contribute To Funding

D. Opportunities For Developer To Minimize Funding Obligation

E. Maintaining The Common Elements

F. Special Rules For Condominiums

X. Over-55 Communities: Creation versus Conversion

XI. Autonomy And Community: A Delicate Balance

A. Framework Of Governance: Deed Restrictions, Declaration And Bylaws

B. Architectural Control

C. Use Restrictions

D. Special Issues: Trucks, Home Office, Flags

E. Pets

F. Rentals

G. Satellite Dishes

H. Citizen Rights To Petition The Municipality

XII. Enforcement Remedies And Rules Of Construction In The Interpretation Of Servitudes, Past, Present And Future

XIII. Defenses To Enforcement Statutes

A. Fair Housing Acts

B. Common Law

XIV. Safe Place Issues: Crime And Punishment

XV. The Impact Of Pending Legislation

Seminar Summary:

This seminar will examine the fundamental legal issues as they relate to all aspects of the homeowners' and condominium associations, including formation, rule enforcement, conflict resolution, and documentation. (see full course description)

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