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

LEGISLATIVE FRAMEWORK AND OVERVIEW OF COMMON INTEREST COMMUNITIES
9:00 - 9:30, Jay S. Claypoole

• 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, Jay S. Claypoole

• 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, David J. Parrish

• 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, David J. Parrish

• 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, W. Jefferson Leath 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, Jay S. Claypoole, W. Jefferson Leath Jr. and David J. Parrish

JAY S. CLAYPOOLE is an associate of Nelson Mullins Riley & Scarborough LLP, where he handles a wide range of commercial real estate transactions, including golf, hotel and resort property development and finance, land sales registrations, sales of timberland, representation of construction and permanent lenders and developers and lease negotiation on behalf of both landlords and tenants. He has experience with the development and documentation of planned and mixed-use communities, including condominiums, condominium hotels, hotels, rental management programs, homeowners' association covenants and bylaws, restrictions, easements and condominium master deeds. Mr. Claypoole is a member of the South Carolina Bar and the American Bar Association (Hotels, Resorts, and Tourism Committee). He earned his B.S. degree from Duke University and his J.D. degree, cum laude, from the University of South Carolina School of Law.

W. JEFFERSON LEATH JR. is the senior partner of Leath, Bouch, & Seekings, LLP, with offices in Charleston and Columbia, South Carolina. A graduate of The George Washington University Law School, Mr. Leath has been a member of the International Association of Defense Counsel for more than 20 years. Since 1985, he has been active in construction litigation, and since the early 1990s, he has been involved in Exterior Insulated Finish Systems (EIFS) litigation. Mr. Leath has served as a member of the South Carolina State Board of Architectural Examiners and also on the South Carolina Board of the Community Association Institute. His construction practice generally involves representing homeowners and homeowner associations in complex construction claims, and over the years, he has obtained numerous multi-million dollar settlements and verdicts at trial. Additionally, Mr. Leath has been lead counsel in establishing significant state Supreme Court decisions regarding the issues of duties of developers and coverage under property insurance policies. He is also listed in the publication The Best Lawyers in America.

DAVID J. PARRISH is a member of Nexsen Pruet, LLC, in Charleston, South Carolina, where he practices in the areas of construction litigation, business litigation and real property litigation. Mr. Parrish has frequently lectured to various groups and organizations on his areas of practice. He is a member of the Charleston County Bar Association and the South Carolina Bar Association. Mr. Parrish earned his B.S. degree and J.D. degree, cum laude, from the University of South Carolina.

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