2022 Law Seminar Sessions You Don't Want to Miss!

In terms of legislation, a lot has happened throughout the year of 2021. In preparation for the Law Seminars in 2022, our Law Seminar Advisory Committee has come up with timely topics and discussions that are relevant to all managers, from veterans to those who just joined the industry. Every attendee will walk away with tangible and practical ideas to implement in their day to day. Here are the topics and details we will cover at next year’s events. All managers who attend the Law Seminar will earn 8 CEUs for recertification (or up to 12 if you take the pre-seminar Ethics courses being offered the day before the event).

NUANCES OF NUISANCES

Nuances of Nuisances

Living in multifamily units presents challenges including noise, smoking, parking, etc. Through this session, you’ll understand what constitutes as a nuisance, when an HOA needs to step in or if it should involve itself in a neighbor-to-neighbor dispute, if nuisances are handled differently in condos vs. PUDs, and when a nuisance overstep its bounds and becomes harassment to neighbors, board members, and management. A sample nuisance policy and a tool to outline the nuisance process will be provided during the session.

TIME MANAGEMENT: DO MORE, STRESS LESS

Time Management

Do you find there is not enough time to complete the ever-demanding tasks of this industry? This session will teach you tips from experts that they use to stay on track with minimal stress, how to create a schedule and communicate expectations for your board and membership, how to make the best use of annual calendars, action lists, etc., how to rely on your support team for help and assistance, and the best practices for time management. A cheat sheet for tips and strategies including delegation responsibilities within your team, a sample annual calendar, and action list will also be provided.

BALCONY 101

Balcony 101

SB 326, otherwise known as the Balcony Bill, has presented a lot of questions and clean-up legislation. We’ll go over what the new changes are with the bill, what impacts it will make on your communities, what exactly “majority” (majority of stairs, decks, balconies, etc.) pertains to in terms of inspection, who inspects, what reports are needed, what to do if replacements are required, the timeline from inspection to completion of repairs, which balconies, decks, stairs, etc. that don’t require inspection, and if the bill only addresses balconies instead of other components. Similar to the previous topic, this session will also cover the liabilities that associations have to tackle if they’re unable to afford or secure a Special Assessment via owner approval and if an emergency assessment could be used to offset the liabilities at hand.

PLAYING REF IN CIDs

Playing Ref In CIDs

Knowing how to handle conflict without taking it personally is crucial for long term success in this industry. Whether it is conflict between neighbors or within the board of directors, there are tips you can use in order to achieve a “win-win” outcome. This session will cover two types of conflicts that a manager deals with, the steps for resolving conflicts, when a manager should engage in conflict resolution, contact legal counsel/insurance company, what an IDR and ADR are and when they should be used, and the proactive steps to take when resolving member issues and with governance that should be communicated to the board of directors to avoid conflicts. Strategies used to resolve conflicts and tips for guidance on where to learn more on this subject will be provided.

AVOID CATASTROPHE AND PLAN PROPERLY

Avoid Catastrophe & Plan Properly

To reserve or not to reserve? Learn Civil Code requirements for reserves along with learning strategies on how to educate your board on the reserve study, how to use it for strategic budgeting for upcoming projects, the timelines to start getting them done and approved, and what to do if components are not listed (i.e., balconies). We’ll also cover the different types of funding models, what percent funded means, how to address issues balcony repairs immediately, borrowing from reserves or failure to fund reserves, the current cost of components vs. what’s in the study, how to handle transitions from DRE Budgets, and the disclosures needed to provide to homeowners.

NAVIGATING FAIR HOUSING

Navigating Fair Housing

A growing challenge for managers and boards of directors is the consistent pursuit of rule enforcement without triggering a claim of discrimination. Learn how to avoid a claim (from the most common to the most complex), process a claim (should you receive one), the fines and appeal process of the claim, and the proper procedures to prevent, mitigate, and manage a claim. This session will also cover how to educate your board regarding what Fair Housing Laws are, how and when it began, and how long it takes for Fair Housing to come up with a determination. We’ll also go over what a protected class is, who falls under that category, if an HOA has to comply with ADA or provide a reasonable accommodation, if they are required to allow a service or companion animal, and how to distinguish between a service and companion animal. Timeline and checklists of the claim process will be provided as well.

NEW CASE LAW & SURFSIDE CONDO COLLAPSE

New Case Law & Surfside Condo Collapse

Hear the latest on new laws and cases that impact our industry and the communities we manage. A comprehensive review of the laws that affect CIDs and recent litigation.

The recent condo collapse is an ever-changing situation. This session will prepare you on how to educate a board to understand the importance of a situation as unpredictable as this, how a manager/management company can protect themselves, how an association can plan ahead (mandatory reserve funding, budget, reserves, etc.), how a board can apply the business judgement rule if they don’t want or have the ability to spend money, and what impacts this collapse could have on future legislation. We’ll also discuss what liabilities an association could helm if they can’t afford and secure a Special Assessment through owner approval and if an emergency assessment would be sufficient in shielding the association from those liabilities. You’ll learn what kind of impact this situation could have on insurance (property, liability, D&O) for your communities.

COVER YOUR ASSETS

Cover Your Assets

Poorly drafted contracts can present significant legal and financial issues for community associations. Contracts drafted by vendors will often protect their own best interests, and the boilerplate language they include could expose the association to liability or limit its right to recover in the event of unsatisfactory work. This session will explore the proactive steps an association should take prior to executing their next contract in an effort to mitigate its risk exposure. The most common (or most litigated) liability exposures and issues found in contracts, the bare minimum provisions and indemnifications that every contract should have to mitigate liability, special considerations for insurance policies, special coverages that reduce liability in contracts, thresholds that a community should have its legal counsel review or draft a contract, “template contracts” used to fill in gaps and liability exposure in the proposal and bids produced by vendors, the board’s role and what can be done to set clear expectations regarding contractual obligations prior to ratification, and additional best practices managers and boards can employ to limit potential contract breaches and liability exposure will be covered as well. A checklist of provisions that every contract should include will be provided.

ALL YOU NEED TO KNOW ABOUT ADUs

All You Need to Know About ADUs

Designed to help alleviate the affordable housing crisis, a new law in California was established to authorize owners to convert their garage or even add a small accessory dwelling unit to their yard despite the rule of their HOAs. However, HOAs aren’t powerless, and there are proactive steps that can be taken to mitigate some of the adverse effects. Managers who attend this session will be educated on AB 670 and its requirements of Common Interest Developments, its impacts on existing restrictions in the governing documents, and the challenges that it raises. They will also learn its effects on amenity usage and wear and tear on common areas, how governing documents should be amended to comply with it, and a reflection of what we have learned since its implementation and the blurred lines that still remain. We’ll also cover the effects in assessments and whether or not additional assessments are required. A checklist of what to look for within a HOAs’ governing documents to ensure compliance with AB 670 will be provided.