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6th Annual Legal & Legislative Symposium
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6th Annual Legal & Legislative Symposium

Legal Symposium Open to Homeowners & Managers - 1pm-5:30pm Networking Reception Open to All - 5:30pm-7:00pm

10/25/2018
When: 10/25/2018
From 1:00 PM until 5:30 PM (Registration Begins at 12:30 pm)
Where: Oronoque Village Clubhouse SOUTH
10 Midwood Trail
Stratford, Connecticut  06614
United States
Contact: Ellen Felix
860-633-5692

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Homeowners

Presidents, Board Members, Unit Owners

Managers

Community Association Managers

Service Providers

Accountants, Attorneys, Bankers, Insurance, Painting Contractors, Roofers, Restoration, etc.

1:00 - 5:30 pm

Legal Symposium

$50 - CAI Members/ $75 - Non-Members

1:00 - 5:30 pm

Legal Symposium

(This course is approved by the Community Association Managers International Certification Board (CAMICB) to fulfill continuing education requirements for the CMCA® - 4.0 Credits

$50 - CAI Members/ $75 - Non-Members

 

Join Us After the Symposium for a Reception

Sponsored by:

Bouvier Insurance

Imagineers, LLC

The Property Group of CT, Inc.

5:30 - 7:00 pm

Networking Reception

* Free for those registered for education

5:30 - 7:00 pm

Networking Reception

* Free for those registered for education

5:30 - 7:00 pm

Networking Reception

$75 - Attendee

$750 - Event Sponsor
$500 - Speaker Sponsor

$250 - Reception Sponsor

SOLD OUT - JOIN THE WAITING LIST SOLD OUT - JOIN THE WAITING LIST


Symposium Schedule                                                                                      Event Sponsor:

Registration begins at 12:30 pm for Symposium

 

1:00 pm – 1:15 pm


ROOM - A

Welcome & Legislative Update 2018

 

1:15 pm – 2:10 pm

 

ROOM - A

Common Misunderstandings in Governance

Speakers: Kristie Leff, Esq. & Edward Hill, Esq. - Bender, Anderson and Barba, P.C.

That Sinking Feeling - What You Don't Know CAN Hurt You! This session will review common misunderstandings which lead to condominium governance issues that typically, and often  embarrassingly, arise at a time when they cannot easily be fixed. You will gain a deeper understanding of the nature and structure of governing documents; the details and importance of the adoption of budgets and special assessments; the details and importance of proper documentation of board decisions; and the need for consideration of other laws in the operation of your condominium. It is important have a more complete understanding of governance issues in order to proactively avoid problems before they arise.

 

ROOM – B

Association Loans: The Devil is in the Details

Speakers: Robert A. Pacelli, Jr., Esq. & Joe Cessario, Esq. - Zeldes, Needle & Cooper, P.C.

This session will cover the following:

·         Review of Lender Commitment Letter

o    Commitment Letter v. Term Sheet

o    Pros and Cons of Line of Credit During Construction Period v. Drawing All Funds at Closing

o    Term of Loan – Positives and Negatives of Longer Term Loan v. Shorter Term

o    Paying off an Existing Loan with New Loan Proceeds

o    Permitted Uses of Excess Funds

·         Proper Board Meeting Timing, Notice and Vote

·         Proper Unit Owner Meeting Timing, Notice and Vote

·         Proper Unit Owner Meeting Voting Procedures and Counting of Ballots

·         Proxy Voting

·         Loan Closing

·         Post-Closing Concerns

o    Prepayment

o    Use of Funds

o    Accessing Funds/Signing Authority

 

ROOM – C

Everything you Wanted to Know about Mold (claims) and Were Afraid to Ask

Speakers: Jonathan R. Chappell, Esq. and Kelly A. Freitas, Esq. - Feldman, Perlstein & Greene, LLC

Mold is everywhere. Unfortunately, so are mold claims. This presentation will focus on various aspects of this hot-topic issue including:

1)    Best practices to handle mold or suspected mold claims

2)    Insurance issues involving mold

3)    Mold testing – when do you need it, what do you do with it, what does it mean?

4)    What can you expect when a mold claim turns into a lawsuit?

a.    Property damage lawsuits

b.    Personal injury lawsuits

5)    How should the Association communicate with unit owners about mold?

6)    What can you do to minimize the impact of mold claims on your Association?

 

2:20 pm – 3:15 pm

 

ROOM – A

Insurance and the Master Policy – Who Covers What?

Speakers: Scott J. Sandler, Esq., CCAL – Sandler, Hansen & Alexander, LLC & Rich Bouvier - Bouvier Insurance

This presentation will cover insurance issues, including a discussion of what is and is not covered by the association’s master insurance policy and how the master policy and individual homeowner policies work together to cover a claim.

 

ROOM – B

CHRO Complaints: How to Avoid them and How to Deal with Them

Speaker: Kristen Schultze Greene, Esq - Feldman, Perlstein & Greene, LLC

When it comes to fair housing, fair does not mean equal. For a condominium association board, treating everyone the same under a written set of rules may seem like the best way to avoid claims of discrimination. In reality, treating everyone the same without exception can be discrimination. If a person is disabled and requires a reasonable accommodation to use and enjoy their home, the board must consider and grant such requests so long as they are reasonable. Disabilities may or may not be obvious. It is important for all boards to recognize a request for reasonable accommodation and have a set procedure in place to consider and respond promptly to such requests. This presentation will include: (1) Overview of fair housing law, and in particular, Connecticut Human Rights and Opportunities (“CHRO”) complaints and proceedings; (2) Reasonable Accommodations Requests – recognizing them; what to consider; and how to respond; (3) Hot Button Topics (a) Service animals/emotional support animals (b) Parking (c) Modification of owner/resident’s property or common elements/area for disability.

 

ROOM – C

Board Discretion - Is that Reasonable?

Speaker: Jared Alfin, Esq. - Hassett & George, P.C.

Discussion and analysis of the Appellate Court's decision in Duane Grovenburg, et al  v. Rustle Meadow Homeowner's Association, Inc., et al.  I was the Plaintiffs' attorney.  The topic will address the court's decision and implication to Board Member's discretion on matters relating to decision making, rule making, as well as the effects of suing an Association, including financial consequences.  There will be a discussion about good practices for a Board in connection with its decision making. and the overall effect of the court's decision on Associations.

The court's decision expanding on the Supreme Court's decision in Weldy  was  essentially a treatis  of the law and outlined how courts will  review decisions made by a Board, and the Board's broad authority and effect on unit owners that seek to challenge Board authority.

 

3:25 pm – 4:20 pm

 

ROOM A

Executive Sessions - Do's & Don’ts

Speaker: Bill Ward, Esq. - Ackerly & Ward

Learn what is appropriate for Executive Sessions, how to schedule and hold Executive Sessions during Board meetings, and exploring the use of minutes for Executive Sessions. Learn how to use committees to discuss controversial issues rather than improperly using Executive Sessions.

Boards often misuse Executive Sessions. They seek to avoid discussing controversial issues in front of owners rather than limiting Executive Sessions to the statutory categories. Educate board members and property managers to vote in open session and how to protect the confidentiality and privacy of owners when necessary.

 

ROOM B

Reviewing and Enforcing Association Documents

Speaker: Chas Ryan, Esq. - Pilicy & Ryan, P.C .

So you sent a rule infraction letter...now what? This program will explore how to enforce association declarations, bylaws, rules and regulations. It will go beyond drafting rules but instead provide the participants with the hands on knowledge to review their governing documents, revise their governing documents, and when necessary - enforce their documents.

All too often we know something isn't right, but we forget to find a prohibition on the action. For example, a Unit Owner is screaming at the top of their lungs at 3am. We know it is wrong, but do we have a rule? Furthermore, we all know (hopefully) that hearings are necessary before enforcement action can be taken. But what information must be in the notice of hearing, the minutes of the hearing, and the notice of results of hearing? Finally, what can happen when we don't guide our clients accordingly.

 

ROOM C

A Review of Legal Issues Relevant to Homeowners’ Associations: Radon and Surface

Speaker: Steve Berg, Esq. – Frankel & Berg

A.        Who is responsible if a unit has high levels of radon?

1.         Who pays for the radon remediation equipment? Jamalipour v. Fairway’s Edge Association, 2016 WL 10182711 (2016)
2.         What are the duties of the Association with respect to remediation?

B.        Legal Issues arising from surface water runoff and damage.

1.    Is the association responsible for damage to units caused by surface water runoff from the common elements?

2.    Is the association obligated to correct improper grading of the site which was created by the declarant?

3.    Does the association’s master liability policy cover damage caused by surface water runoff?

 

4:30 pm – 5:30 pm

 

ROOM A

Legal Panel - Q&A

Jared Alfin, Esq. - Hassett & George, P.C.

Steve Berg, Esq. - Frankel & Berg

Kristie Leff, Esq. - Bender, Anderson and Barba, P.C. 

Matthew Perlstein, Esq - Feldman, Perlstein & Greene, LLC

Scott J. Sandler, Esq., CCAL - Sandler, Hansen & Alexander, LLC


Networking Reception 

5:30 pm – 7:00 pm - Open to Homeowners, Managers & Service Providers

ROOM A

Reception 

 


Thank you in advance for your support!

Admission to all CAI-CT events requires advance registration either by mail, online, or in person. Individuals will not be admitted to an event without payment. Failure to attend an event does not constitute a cancellation of event registration and you will be charged for registering.  

Video/Audio Taping

Courses are copyrighted by CAI and may not be audiotaped, videotaped or reproduced in any way for personal use or for public distribution or viewing without prior written permission.

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