As baby boomers reach retirement they are choosing condominium living; and many others are choosing to live in areas with homeowners' associations. However, these communities are laden with potential legal problems for those who establish and operate them. Make sure you have the expertise and skills it takes to give your clients sound legal advice on condominiums and homeowners' associations. Keep your advice timely with an update on current findings and legislation that may affect your practice. Confidently counsel clients 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. Order today!

1. Legislative Framework and Overview of Common Interest Communities
2. Effective Document Preparation and Formation Process
3. Smooth Operation, Management and Conversions
4. Ethical Considerations
5. Conflict Resolution and Claims Against Developers
6. Q & A Discussion

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

LEGISLATIVE FRAMEWORK AND OVERVIEW OF COMMON INTEREST COMMUNITIES
9:00 - 9:30, Ryan A. Costello

• Types of Common Interest Communities
• Understanding Developer Rights and Liabilities
• Update on State and Federal Laws
• Complying with Local Ordinances
• Essential Case Law

EFFECTIVE DOCUMENT PREPARATION AND FORMATION PROCESS
9:30 - 11:00, Neil M. Hilkert

• Complying With Zoning and Subdivision Regulations – Plats and Plans
  (dealing with drawings and certifications, disclosure obligations)
• General Development Documents
  • Definition of Units
    (residential, commercial, convertible, right to relocate boundaries)
  • Common Elements
    (general, limited, exclusive use areas, right to re-allocate limited common elements, computing in undivided interests)
  • Articles of Incorporation for a Nonprofit Mutual Benefit Corporation
  • Condominium Public Offering Statement and Supporting Documents
  • CC&Rs and By-Laws
    (disclosure obligations, restrictions on use, operation of the association, determining expansion rights and successors, special rules for conversion, deposits and new right of developer to use for construction, sales, closing issues)
• Owner-Specific Documents
  (proper unit deed, crucial elements of the purchase agreement, necessary documents seller must provide prospective buyer)
• “Rules of Thumb” for Drafting Documents
• Ensuring Age Restricted Condominiums are Legal
• What Rights Can the Developer Retain and Transfer
  (control of board, management contracts, retention of interests in common areas)
• Sample Checklist for Effective Document Preparation

SMOOTH OPERATION, MANAGEMENT AND CONVERSIONS
11:15 - 12:15, D. Barry Pritchard Jr.

• Understanding the Concept of Initial Consent of Homeowners' Associations
• Resolving Conflicts Between Governmental Rules and Association Rules
• Maintenance and Improvements
• Rights and Obligations of Unit Owners
• Meeting Procedures, Voting and Elections
• Operation of Association
• Management and Control
• Setting Up Budgets, Reserves and Special Assessments
• Fulfilling Insurance Obligations
• Managing Conversions

ETHICAL CONSIDERATIONS
1:15 - 2:15, Alexander D. DiSanti

• Understanding Who Your Client Is
• What if Provision of the Governing Documents Conflicts With the Law?
• Avoiding Conflicts of Interest
• Determining and Collecting Attorneys' Fees

CONFLICT RESOLUTION AND CLAIMS AGAINST DEVELOPERS
2:15 - 2:45 and 3:00 - 3:45, D. Barry Pritchard Jr.

• Construction Defect Litigation
• Association Methods of Enforcing Governing Documents
• Enforcement of HOA Rules and Regulations
• Owners' vs. Association Conflicts
  (collection disputes, use restriction violations, major community association renovations and repairs)
• Association and Board of Director's Liability Issues
  (business judgment defense, statutory and contractual protections, insurance issues)
• Disputes Between Individual Owners
• ADR and Other Effective Dispute Resolution Strategies
• Litigation Process Overview

Q&A DISCUSSION
3:45 - 4:30, Ryan A. Costello, Alexander D. DiSanti, Neil M. Hilkert and D. Barry Pritchard Jr.

RYAN A. COSTELLO is a partner in the law firm of O'Donnell, Weiss & Mattei, P.C., in their Chester County office, where he focuses his practice in the areas of land use, community association law, real estate finance/leasing/acquisitions and sales, and real estate-related litigation matters. His representation involves commercial office and retail projects, senior housing, and mixed-use condominium and planned community projects. Mr. Costello also conducts a large volume of settlements serving in the capacity of a title insurance agent. A graduate of Ursinus College and Villanova School of Law, Mr. Costello previously served as a township supervisor in East Vincent Township, Chester County (2002-07) and Chester County Recorder of Deeds (2007-10); and presently serves as a Chester County Commissioner.

ALEXANDER D. DISANTI is a shareholder in the firm of Forbes, Bender, Paolino & DiSanti, P.C., where he focuses his practice in the area of automobile and premises liability. He also has been involved in civil litigation, representing multiple insurance companies; the representation of condominium and homeowner associations through various management companies; civil rights claims; and product liability claims. Mr. DiSanti is a member of the Delaware County and Pennsylvania bar associations. He was a presenter at the 2011 Bench Bar Conference for the Delaware County Bar Association. Mr. DiSanti earned his B.A. degree from West Chester University and his J.D. degree from Widener University School of Law.

NEIL M. HILKERT is of counsel to Reidenbach & Associates, LLC, where his practice focuses primarily on real estate and general business related transactions and litigation. Much of his real estate practice deals with the general operation of homeowner and condominium associations. Mr. Hilkert's practice includes developer and contractor litigation, property and casualty insurance requirements, enforcement of rules and controls, and drafting and amending documents and transition from declarant. He has more than 25 years of professional experience in law, business operations, management consulting and education. Mr. Hilkert is licensed to practice law in the Commonwealth of Pennsylvania and the state of New Jersey, and is a licensed real estate agent in the Commonwealth of Pennsylvania. He has been a real estate investor; has taught continuing education real estate courses; has served on boards of homeowners associations; and has represented individual homeowners, builders, realtors, and municipalities as part of his practice. Mr. Hilkert was an associate professor at Delaware Valley College, where he taught in both the business administration and criminal justice departments. He earned his B.A. and M.A. degrees from Bloomsburg University, and his J.D. degree from Thomas M. Cooley Law School. Mr. Hilkert is a member of Community Associations Institute's Pennsylvania and Delaware Valley chapters and is a member of the Delaware Valley Chapter's communication committee.

D. BARRY PRITCHARD JR. is a sole practitioner at the Law Offices of D. Barry Pritchard, Jr. in Norristown, Pennsylvania. His areas of practice include real estate, community association, municipal law and real estate litigation. He has represented community associations in litigation matters for 30 years, including claims involving declarants and disputes with unit owners over responsibilities and obligations. Mr. Pritchard earned his B.A. degree from the University of Pennsylvania and his J.D. degree from The Dickinson School of Law.

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