Stave Off Problems With Proactive Strategies
The real estate market is booming. New developments are popping up on almost every corner. As baby boomers reach retirement they are choosing carefree condominium living; and many others are choosing to live in areas with homeowners´ associations to help protect their real estate investments. Make sure that you have the expertise and skills that it takes to give your clients sound legal advice on both of these hot topic areas: condominium development and homeowners´ associations.
Our expert faculty will give you the knowledge that you need to successfully help your clients avoid potential problems with condominium development and homeowners´ associations. Keep your advice timely with an update on current findings and legislation that may affect your practice. Confidently counsel clients during formation and operation of these entities by knowing the laws governing creation and management. Easily prepare any needed documents after our procedural overview. Effectively resolve conflicts and handle claims against developers.
- Avoid fines and foreclosure by knowing what often triggers them.
- Properly set up age-restricted condominiums without running afoul of discrimination laws.
- Master the skills to effectively draft documents, including general development documents and owner-specific documents.
- Knowledgeably settle issues that arise when there are conflicts between governmental and association rules.
- Be prepared to handle liability disputes that may come up.
- Protect your developer clients from construction defect litigation and misrepresentation claims.
- ESSENTIAL BASICS AND UPDATES
9:00 - 9:45
- Understanding Developer Rights and Liabilities
- FNMA and FHLMC Secondary Market Certification Requirements
- Details of the Administrative Law and Rule Update
- Update on Federal and State Law
- Avoiding Fines and Foreclosure
- Complying with Local Ordinances
- FORMATION OF COMMON INTEREST COMMUNITIES
9:45 - 10:30
- The Basics of Condominium, Cooperative or Subdivision Ownership
- Sailing Through the Declaration with Governmental Approval Process
- Which Entity is Responsible for Governing the Homeowners´ Association?
- Easily Handling the Transfer of Developer Rights
- What You Need to Know During Condominium Conversions
- Ensuring Age Restricted Condominiums Are Legal
- EFFECTIVE DOCUMENT PREPARATION
10:45 - 12:15
- Thorough Identification of Necessary Documents
- "Rules of Thumb" for Drafting Documents
- How to Create Binding Pre-Construction Contracts
- Avoid Mistakes With General Development Documents
- The Legalities of the Master Deed
- How a Homeowners´ Association Trust Works
- Covering Your Bases in Trust By-Laws, Rules and Regulations
- Crafting an Error-Free Tax Readjustment Agreement
- Limited Power of Attorney Granting Declarant Amendment Rights to Certain Development Documents
- Drafting Airtight Owner Specific Documents
- Thorough Unit Deed Preparation
- Certificate of No Unpaid Common Charges (the "6d Certificate")
- Addendum to Standard Form of Offer to Purchase and Contract
- Crucial Elements of the Recognition Agreement
- Documentation Requirements of Lenders Offering Governmental Loan Programs (FHMA)
- Sample Checklist for Effective Document Preparation
- SMOOTH OPERATION AND MANAGEMENT OF HOMEOWNERS´ ASSOCIATIONS
1:15 - 2:30
- Recognizing Different Types of Homeowners´ Associations
- Complying With Laws Governing Association Powers and Duties
- Guiding Your Clients Through Owner´s Rights and Responsibilities
- Development of Conditions, Rules, Restrictions, and Regulations That Prevent Trouble Later
- Resolving Conflicts Between Governmental Rules and Association Rules
- Setting Up Budgets, Reserves and Special Assessments
- Deciding How Repairs and Improvements Will Be Handled
- Confidently Dealing With Contracts and Contract Disputes
- Being Aware and Prepared for Liability Issues
- Fulfilling Insurance Obligations
- ETHICAL CONSIDERATIONS
2:45 - 3:45
- Understanding Who Your Client Is
- Avoiding Conflicts of Interest
- What if Governing Documents Conflict With the Law?
- Guidelines for Setting Up Attorney´s Fees
- CONFLICT RESOLUTION AND CLAIMS AGAINST DEVELOPERS
3:45 - 4:30
- Strategies for Working Out Owner vs. Association Conflicts
- How Disputes Between Individual Owners Should be Handled
- Maneuver Your Way Through Construction Defect Litigation
- Avoiding the Dangers of Misrepresentation
- Common Controversies - Airtight Solutions
Agendas and Speakers may differ slightly depending on the location. Please
e-mail or call
a representative to obtain an agenda for a particular location.