SATuRDAy 11:30 a.m.–12:30 p.m., con’t.
The Fair Debt Collections Practices Act: The Bona Fide Error Defense in the Wake of Jerman v. Carlisle
Rory K. Nugent, esq.
This session provides an overview of the recent U.S. Supreme Court deci- sion interpreting the application of the bona fide error defense. Attorneys will learn how to establish the defense and how they may need to modify their practices. In addition, the session reviews recent case law to illustrate instances where the bona fide error defense was successfully established.
Jordan I. Shifrin, esq.*; A. Richard Vial, esq.; Michael S. Karpoff, esq.* and John Richards, esq.*
Tired of sitting through five hours of class to get the key points on hot top- ics? If so, the 15-Minute Masters ses- sion is for you. This fast-paced overview of key topics on a variety of community association law issues includes fair housing, teaching community associa- tion law, educating board members, photo liability issues and running the perfect meeting.
12:30–12:45 p.m. Break and boxed lunches
Town Hall Session: The Collections Conundrum
Marc D. Markel, esq.*; P. Thomas Murray, esq.*; Matt D. Ober, esq.* and Ellen Shapiro, esq. Moderated by P. Michael Nagle, esq.*
Assessment collections continue to be an issue that bedevils community asso- ciations. Many associations either can- not afford to pay or do not want to pay attorneys to pursue delinquent owners. No longer content to pay attorney fees as they are incurred and hoping to recoup those fees from owners, asso- ciations do not want to have to pay to collect. As such, clients are increasingly demanding that lawyers have a stake in the collection of delinquent assess- ments. In this town hall session, panel- ists will discuss the methods by which they are compensated for their work, including contingency arrangements, hybrid fee structures and flat-fee work. Attendees will be encouraged to par- ticipate in the dialogue.
3–4:15 p.m. Concurrent sessions
Touch and Concern Doctrine Superseded
“Touch and concern” and “dominant/ servient” are terms that have his- torically determined the existence and enforceability of covenants. Section 3.2 of the Restatement of Property: Servitudes declares the touch and concern doctrine superseded. Is it? If so, what determines the existence and enforceability of covenants?
implementing smoke-free policies in condos are also discussed. In addition, the session addresses noise complaints related to hardwood floors, which are increasingly popular with condo owners. It discusses related case law, how sound moves through buildings and construction standards to assist in resolving noise disputes.
The Sound and the Fury: Smoke and Hardwood Floor Issues in Condominiums
Ken Harer, esq., rs and Theresa Torgesen, esq.
Clean indoor air acts around the country have restricted smoking in public places, but have not always covered condominiums. This session reviews the results of 2009 surveys of owner-occupants and interviews with commu- nity managers on secondhand smoke. The legal issues of
CCAL was established in 1993 to acknowledge CAI member attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. The college provides a forum for information exchange among experienced legal professionals for the advancement of the community association field.
The goals of CCAL are to:
z Promote high standards of professional and ethical responsibility in the practice of community association law through education.
z Improve and advance community association law and practice.
z Facilitate development of community association legal education materials and programming for professionals and homeowners.
z Cooperate and consult with international, national, state and local organizations; government agencies; and other groups with an interest in community association law and practice.
z Encourage members to use their expertise to make community associations func- tion effectively.
z Create an environment in which members can work together to meet their pro- fessional needs and goals.
z Achieve the goals and objectives of CAI.
For more information about CCAL or for a membership application, please visit www.caionline.org/ccal/index.cfm.