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Who should attend Establishing And Operating Common Interest Developments In California
This one-day seminar is designed for attorneys, presidents and vice presidents, real estate professionals, project and property managers, developers, escrow agents, condominium association members, construction lenders, construction professionals, engineers and paralegals.
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Establishing And Operating Common Interest Developments In California  

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This one-day seminar is designed for attorneys, presidents and vice presidents, real estate professionals, project and property managers, developers, escrow agents, condominium association members, construction lenders, construction professionals, engineers and paralegals.

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Seminar Summary:

This highly informative seminar will enhance your knowledge and understanding of the fundamental legal issues related to common interest developments. (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 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.

Seminar highlights:

  • Overview of statutory and regulatory schemes 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

9:00 a.m. - 9:15 a.m.

I. Characteristics Of Common Interest Developments

A. History

B. Modern Era

C. Developments And Trends

D. Conflict Between Legislative Developments And Judicial Decisions

9:15 a.m. - 9:35 a.m.

II. The Governing Documents

A. Articles Of Incorporation

B. Bylaws

C. Declaration Of Covenants Conditions And Restrictions (CC&Rs)

D. Operating Rules And Regulations

E. Condominium Plan

9:35 a.m. - 10:05 a.m.

III. Types Of CIDs And Ramifications

10:05 a.m. - 10:45 a.m.

IV. Laws Governing Common Interest Developments

A. Federal Statutes

B. Department Of Real Estate Regulations

C. Government Code

D. Business And Professions Code

10:45 a.m. - 11:00 a.m.

Break

11:00 a.m. - 11:20 a.m.

IV. Laws Governing Common Interest Developments (Continued)

E. Corporations Code

F. Civil Code – 'The Davis Stirling Act'

11:20 a.m. - 11:45 a.m.

V. Pinks, Whites And MMDs – 'The Subdivision Game'

11:45 a.m. - 12:00 p.m.

VI. The Department Of Real Estate (DRE) Requirements (Includes Overview Of DRE Application Process And Obtaining Subdivision Report)

A. The SPRAG Manual

B. Single Responsible Person (SRP)

C. Budget Operations Cost Manual

12:00 p.m. - 12:30 p.m.

VII. Budgeting And Reserve Considerations (Exempt Application Process/Insurance Considerations)

12:30 p.m. - 1:30 p.m.

Lunch (On Your Own)

1:30 p.m. - 2:00 p.m.

VIII. Governing Document Drafting Considerations

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

2:00 p.m. - 2:25 p.m.

IX. Transition From Developer To Association Control

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/Disclosure

G. Hiring Legal Counsel And Contractors

2:25 p.m. - 3:15 p.m.

X. Post-Transition Operation Of Common Interest Developments

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; First Organizational Meeting

F. Assessment Collection Practices

G. Annual Disclosures And Reserve Studies

H. Member Access To Records

3:15 p.m. - 3:30 p.m.

Break

3:30 p.m. - 4:00 p.m.

XI. Judicial Decisions Shaping Common Interest Development Operations

A. Naherstedt

B. Terifaj

C. Lamden

D. Ruoff

E. Frances T.

F. Behan

G. Ironwood

H. Dolan-King

I. Aas

4:00 p.m. - 4:15 p.m.

XII. Construction Defect Considerations

A. Developer Transition Considerations

B. Alternative Dispute Resolution Of Construction Defect Claims

1. CC §1375 – 'Calderon'

2. SB 800

4:15 p.m. - 4:30 p.m.

XIII. Future Regulation Of And Legislation Regarding CIDs

A. DRE/CAR

B. State Legislature

C. California Law Review Commission

D. Ombudsperson Program

Seminar Summary:

This highly informative seminar will enhance your knowledge and understanding of the fundamental legal issues related to common interest developments. (see full course description)

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