The Best of the Best of Association Attorneys
Among the thousands of attorneys who practice community association law, fewer than 150 have been granted fellowship in CAI’s prestigious College of Community Association Lawyers (CCAL). If you’re an attorney who meets the following criteria, CCAL is for you:
You’ve been licensed for at least seven years
Your practice has concentrated on community association law for at least five years
Association law is 50 percent of your practice
You are active in the common-interest community industry
You write about and teach association law
Sept. 30 is the deadline for winter 2015 applications—apply now.
CAI’s Government & Public Affairs Department has issued an action alert respecting pending HAM radio legislation, and their asking for your support. Here’s their plea, as released by Dawn Bauman:
Dear CAI Member,
The HAM Radio legislation has 86 co-sponsors in the House of Representatives (H.R. 1301) and a new Senate Bill (S. 1685). If you don’t want 75 foot towers throughout your community, you must contact your Members of Congress today and ask them to oppose H.R. 1301 (in the House) and S. 1685 (in the Senate).
Contact your U.S. Representative and U.S. Senators today and ask them to oppose all legislation prohibiting community association review or approval of HAM radio towers and large, fixed antennas by clicking here.
H.R. 1301/S. 1685 pre-empt community associations’ architectural guidelines and rules related to installation of HAM radio towers and antennas. If the legislation passes (and it is moving forward in a way that is threatening), community associations would not be able to require prior approval for 70′ HAM radio towers and antennas nor would community associations have the ability to create reasonable processes and aesthetic guidelines.
HAM radio enthusiasts indicate this legislation is needed so they may respond to and assist in communication during a local disaster. The truth is HAM radio enthusiasts who aid the public interest do so at the site of a local disaster with portable equipment. They do not need permanent equipment at their residence; especially towers and antennas that pose a health and safety risk to their neighbors.
The truth is the majority of community associations tell CAI that HAM radio operators are welcome to pursue their hobby if they follow community guidelines
In a 2014 survey conducted by CAI covering community associations in 46 states, 64 percent of respondents confirmed their association’s board or architectural review committee had never denied a request to install a HAM radio antenna.
An additional 27 percent of survey respondents found no record of a denial. The survey also found that associations routinely provide space for HAM radio clubs so residents can pursue their radio hobby.
Please contact your Member of Congress today via phone and let them know you oppose the Ham Radio bill – H.R. 1301 and S. 1685.
Thank you for taking a few minutes out of your day to preserve the self-governance model of America’s community associations.
If you need additional information about this issue, please contact us anytime at firstname.lastname@example.org or (888) 224-4321.
Dawn M. Bauman CAE
Thirteen years ago, when I thought I was quite knowledgeable about what I then called condominium law, I traveled to Southern California to attend my first College of Community Association Lawyers Law seminar. At the conference, I learned that there was a lot to learn about community association law, including that it involved much more than condominium law.
Having gone to every annual CCAL conference since then, and having taught courses at about half of those, I’m more aware than ever that there’s still a lot to learn. And many other Utah community association practitioners and even one board member will be joining me in San Francisco for the 36th Annual Community Association Law Seminar, to be held on January 28-31. As of today, there are 17 Utahans registered, including managers, insurance agents and a community association board member. Sarah Orme will, of course, be joining me once again, and I will be co-presenting with Karin Hobbs, among others. Our session will cover effective mediations with insurers.
If you’re reading this post, you must have some interest in Utah community association law, and if you’ve never been to a CCAL Law Seminar, this is an excellent opportunity. Beware, however, that if you attend one conference, you’re likely to make it an annual event. Almost all of the Utah registrants have been before, and most of them have made it an annual event.
One of the sessions I attended at the CCAL Community Association Law Conference last week was the Essentials of Community Association Contracts. Entire sessions could surely be filled discussing each kind of contract that community associations commonly enter into, including management agreements, maintenance contracts, and construction contracts, but this course gave a great overview of various considerations for each kind of contract. Here are a few of the considerations that apply to many different types of contracts, and that board and management committee members should keep in mind before signing:
– There are advantages and disadvantages to arbitration clauses. Advantages include lower cost (sometimes) and greater flexibility, and disadvantages include limited discovery and limited grounds for appeal. So, it is important to consider these advantages and disadvantages as they pertain to every situation, and to not simply agree to an arbitration clause.
– Define your terms carefully and clearly, including when the contract will be completed, when payment will be made, when warranties begin to run, etc.
– Be sure that the terms of your contracts, especially management agreements, are consistent with your governing documents. For example, be familiar with any limits on the length of the engagement and the process for terminating the manager or management company that are set forth in your governing documents, and be sure the contract is consistent with these provisions.
– Be sure that you satisfy any necessary preliminary requirements before entering into a contract. For example, before entering into a construction contract, get membership approval and/or zoning approval, if necessary.
My associate, Sarah Orme and I have spent the last couple of days at the 34th Annual CCAL Community Association Law Conference, attending a number of informative sessions on community association law, including:
- The always informative and amusing case law update (community associations present amusing stories, and Wil Washington and George Nowack always make them even more amusing;
- A keynote speech on influencing people, by New York Times bestseller Joseph Grenny;
- A Fair Debt Collections Practices Act update;
- Rogue Board Members;
- Ethical Issues in Representation of Community Associations;
- Transparency in Community Associations;
- Cloud Comuting to Increase Firm Efficiency;
- The Essentials of Community Association Contracts;
- Legal and Insurance Ramifications of Water Infiltration and Other Damages;
- Survey and Analysis of Standard of Care Statutes Across America;
- Law Firm Management; and
- iPad Applications for the Community Association Management/ Practitioner
As time permits over the next days and weeks, we’ll summarize what we learned.
Presumably, most readers come here to learn about Utah community association law, but I want to try to turn the tables, because I’ve perplexed myself.
I’m wondering if anyone out there can point to any authority that would require the board (management committee if you prefer) of an unincorporated homeowners association to produce records for inspection. I could have sworn there was such a provision in the Utah Community Association Act, but I can’t find it.
Any help out there?