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 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
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
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
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.
11:00 a.m. - 11:20 a.m.
IV. Laws Governing Common Interest
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
11:45 a.m. - 12:00 p.m.
VI. The Department Of Real Estate (DRE)
Requirements (Includes Overview Of DRE
Application Process And Obtaining
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
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:00 p.m.
VIII. 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
2:00 p.m. - 2:25 p.m.
IX. Transition From Developer To Association
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
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.
3:30 p.m. - 4:00 p.m.
XI. Judicial Decisions Shaping Common Interest
E. Frances T.
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
B. State Legislature
C. California Law Review Commission
D. Ombudsperson Program