This highly informative seminar will enhance your knowledge and understanding of the fundamental legal issues related to common interest developments. Discussions will examine these legal issues as they relate to all aspects of the common interest developments, 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 developments and will be able to handle a much broader range of HOA issues that arise in your daily practice.
- Overview of statutory and regulatory scheme governing CIDs
- Review of key judicial decisions impacting CIDs
- Examination of the current DRE subdivision requirements
- Review of governing document drafting techniques to aid in effective operation and management of CIDs
- Overview of current CID enforcement, operation and maintenance requirements
- The attendee will be able to understand the legal aspects of community associations and the most effective and efficient ways to operate the association and govern its members.
- The attendee will be able to develop a working knowledge of the Davis Stirling Act governing common interest developments.
- The attendee will be able to learn the key components of the documents that govern CID operations.
- The attendee will be able to develop a check list of the DRE subdivision requirements for common interest developments.
- The attendee will be able to learn effective ways of creating common interest developments with positive living environments.
9:00 a.m. - 12:00 p.m.
(Break 10:30 a.m. - 10:45 a.m.)
I. Characteristics Of Common Interest
B. Modern Era
C. Developments And Trends
D. Conflict Between Legislative Developments And Judicial Decisions
II. Why Common Interest Developments?
A. Pros And Cons
III. Types Of Common Interest
Developments And Ramifications
IV. Laws Governing Common Interest
A. Federal Statutes
B. Department Of Real Estate Regulations
C. Government Code
D. Business And Professions Code
E. Corporations Code
F. Civil Code 'The Davis Stirling Act'
V. The Department Of Real Estate
A. The SPRAG Manual
B. Single Responsible Person ('SRP')
C. Budget Operations Cost Manual
VI. Pinks, Whites And MMDs 'The
VII. Budgeting And Reserve
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.)
VIII. The Governing Documents
A. Articles Of Incorporation
C. Declaration Of Covenants Conditions And Restrictions ('CC&Rs')
D. Operating Rules And Regulations
E. Condominium Plan
IX. Governing Document Drafting
A. Common Area, Separate Interest And Exclusive Use
B. Defining Maintenance Responsibilities
C. Use Restrictions
D. Developer Control Provisions
E. Architectural Standards And Review Procedures
F. Amendment Of Governing Documents
X. Transition From Developer To
A. When Does Transition Occur
B. Fiduciary Responsibilities And Developer Board Members
C. Records Retention And Turnover
D. Maintenance And Repair Issues
E. Financing Of Association During Developer Control
F. Hiring Professional Community Association Management
XI. Post-Transition Operation Of Common
A. Rule Adoption And Amendment
B. Rule Enforcement And Member Discipline
C. Alternative Dispute Resolution ('ADR')
D. Architectural Compliance And Enforcement Procedures
E. Board And Member Meeting Procedure
F. Assessment Collection Practices
G. Annual Disclosures And Reserve Studies.
H. Member Access To Records
XII. Judicial Decisions Shaping Common
Interest Development Operations
XIII. Construction Defect Considerations
A. Developer Transition Considerations
B. Alternative Dispute Resolution Of Construction Defect Claims
1. CC § 1375 'Calderon'
2. SB 800
XIV. Future Regulation Of And Legislation
B. State Legislature
C. California Law Review Commission
D. Bureau Of CIDs