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Alternative Dispute Resolution for the 21st Century

E. Richard Kennedy, esq.* and Jeffrey Van grack, esq.*

This session provides a full overview of the strategies, benefits, mindset and preparation for mediation, as well as day-to-day approaches for keeping mediation moving forward within a com- munity and using the spirit of media- tion to prevent future claims and loss. Ethics and confidentiality are discussed as important parts of the mediation process and as factors affecting settle- ment security. In addition, the session will review case law involving alternative dispute resolution.

3:45–5:30 p.m. Panel of Pundits

Loura K. Sanchez, esq.*; Samuel J. mcnulty, esq.*; Joseph E. Adams, esq.*; mary m. Howell, esq.* and Stephen m. marcus, esq.* moderated by george E. nowack Jr., esq.*

Our annual session giving community association attorneys of all experience levels the chance to get answers to their pressing legal concerns takes a new twist. Spoofing popular sports shows, the panel of pundits will face the shot clock while providing their thoughts on your questions. Will they make the grade, or will penalty flags fly? Advance submission of written questions is encouraged.

5:30–6:30 p.m.

Cocktail reception Hosted by CCAL

Join your colleagues for great food and drinks and an opportunity to socialize with the premier experts in this field. (Please RSVP on the registration form if you are attending the reception.)


7–8 a.m. Continental breakfast

8–9:30 a.m.

Opening General Session Case Law update: Part II

george E. nowack Jr., esq. and wilbert washington II, esq.

CCAL Dean George E. Nowack and CCAL member Will Washington contin- ue their in-depth overview of significant cases that shaped community associa- tion law in 2010.

9:30–10 a.m. Legislative update: Part II

  • J.

    David Ramsey, esq.*

  • J.

    David Ramsey continues his examina-

tion of important state developments, emerging trends and the evolving statutory framework shaping community associations.

10:15–11:15 a.m. Concurrent sessions

Ground Zero: Strategies for Coping with the Collapse

of the Real Estate Market Joseph E. Adams, esq.* and J. Kevin miller, esq.

Community associations and their lawyers are facing serious challenges dealing with the collapse of the real estate market and its economic impact on communities. This session addresses cutting-edge litigation strategies to advance stalled mortgage foreclosure actions, non-litigation strategies, legisla- tive responses to the economic crisis, judicial decisions in foreclosure and collection cases and unconventional collections methods. The presenters offer their perspectives from Florida, one of the most impacted markets in the nation.

Legally Green: Reconciling Restrictive Covenants with Eco-Friendly Practices in the Community Association

Steven L. Sugarman, esq.* and mitchell Frumkin, pe, cgp, rs

With increasing interest in eco-friendly practices, community associations are facing significant pressure to reconcile long-standing restrictive covenants and architectural controls with materials and devices that, in many instances, are directly antithetical to the association’s governing documents. Moreover, many state legislatures are now looking to limit associations’ authority to regulate alternative energy components. Learn about the types of energy solutions cur- rently available and how to effectively address these solutions in the face of existing CC&Rs.

Difficult Situations

Henry A. goodman, esq.*; Ellen Hirsch de Haan, esq.* and Ellen Shapiro, esq.

What does a board do when a barking dog disturbs a homeowner’s sleep, but the dog is required by a handicapped

person? Or when a person with Tourette’s Syndrome howls at the moon at 2:00 a.m.? How does a board handle a home- owner’s claim that his health is affected by cigarette smoke from another unit or the enjoyment of his home is affected by a neighbor’s cooking with a pungent spice? How should a board deal with a rogue board member? This session explores solutions to these and other difficult situa- tions faced by community associations.

11:30 a.m.–12:30 p.m. Concurrent sessions

Insuring Your Association’s Property: Steps to Take Before There’s a Loss

J. David Ramsey, esq.*; Jennifer Loheac, esq. and Vincent J. Hager, cirms

Failing to understand association prop- erty insurance can result in significant coverage gaps that can have devastat- ing consequences for homeowners and communities. This session presents a step-by-step analysis of how to best guide boards to informed decisions. Learn about the wide-ranging positions held by major CIC insurers and the agents who communicate the options. Understand the legal significance of board resolutions in clarifying insurance obligations in advance of purchasing insurance. Gain strategies for commu- nicating effectively with communities about insurance coverage before there is a loss as well as organizing leadership in the event of loss.


This event has been submitted for CLE credit. In past years, the law seminar qualified in most states for 11–13 hours of CLE credits. CAI applies for CLE credit in California, Colorado, Florida, Georgia, Indiana, Minnesota, Missouri, Nevada, New Hampshire, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, Washington and Wisconsin. CAI cannot guarantee CLE approval for all of the above-mentioned states. For information regarding CLE credit in other states, please contact CAI at (888) 224-4321.


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