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Educational programs available at Feldsott & Lee include, but are not limited to the following:
Legislative
and Legal Update
It is important for board members and managers
to be kept abreast of changes in the law that effect the way industry
professionals do business. Managers and boards are expected to comply
with new changes in the law, regardless of whether that person was made
aware of the change. Thus legal updates are essential to safeguard individuals
and homeowners associations. We recommend that this seminar be conducted
every January to reflect changes effective at the beginning of the year.
However, because the law may change any day of the year, this seminar
may be taught year-round. [Seminar
Index]
Assessment
Collection
This session covers the fundamentals of assessment collection, including
the judicial and non-judicial foreclosure options. The discussion will
include specialized concerns such as disclosures required by the Davis-Stirling
Act and compliance with the Fair Debt Collection Practices Act. A brief
overview of bankruptcy procedures and considerations will be conducted.
[Seminar Index]
Negotiating
Vendor Contracts
Everything you ever wanted to know about hiring and firing a contractor
are included in this session. Managers and board members learn how to
check the references and status of a contractor's license. The fundamentals
of drafting good contracts are also discussed, including what contract
clauses you should never do without. [Seminar
Index]
Running
a Great Annual Election
The focus on the session is how to avoid a legal challenge to voting procedures.
The session will include the proper drafting notices, ballots and proxies.
Additionally, there will be a discussion on quorum requirements, nominations,
cumulative voting and recall election procedures. Managers will find that
the common pitfalls discussed in this session will help avoid similar
problems in the future. [Seminar Index]
Satellites
and Cable Wiring
This particular aspect of the law is complicated and constantly changing.
Violations of certain aspects of telecommunications laws may subject homeowners
associations to monetary sanctions and lawsuits. This program discusses
the homeowner's right to cable wiring and satellite dishes. The program
also focuses on how to promulgate architectural guidelines and rules in
compliance with both federal and state law. [Seminar
Index]
Security
Considerations
This session covers a brief history of the case law regarding security
measures and the lack thereof. The session discusses practical ways of
limiting liability for unexpected and expected criminal actions. Additionally,
the seminar discusses methods of "beefing up" security and putting
homeowners on notice of security problems without admitting liability
for the problems. This is a particularly important session for gated communities,
high crime communities and communities utilizing security guards. [Seminar
Index]
Using Small
Claims Courts
This session sets forth the basic elements involved in establishing and
prosecuting a case in small claims court, as well as the circumstances
under which a homeowners association would benefit from a small claims
action. This session will cover recent legislative changes in the small
claims procedures and the role of attorneys and managers in collecting
small claims judgments. [Seminar Index]
And the
Barking Got Louder. . .
This session begins with a discussion of the legal treatment of pets throughout
the last century. Protections for pets under federal regulations, such
as the Fair Housing Act, are discussed in detail. A practical guide for
developing pet-related rules and regulations is discussed, with an emphasis
in drafting reasonable regulations. Finally, several case studies are
presented which deal with creative ways to solve pet related nuisances.
[Seminar Index]
Architectural
Submission System "The Three R's of Architectural Review"
Feldsott & Lee has developed the "Three R's" of architectural review
in an effort to assist associations and their committees in the architectural
review process. This area is, by far, the largest stimulus for disputes
between association and members. In fact, it is estimated that some seventy
percent of community association disputes deal with the conduct of the
architectural committee. Feldsott & Lee's "Three R" system has been
successfully implemented by numerous boards and management companies.
They are: Receipt of the Application, Review of the Application, and Response
of the Application. It is imperative for associations to create safeguards
and checklists for their architectural committees. This "Three R"
system is written based on the language set forth in your governing documents
and provides all necessary checklists for the entire application and review
process. [Seminar Index]
Board Resolutions
"The P-A-S-S System"
By virtue of the tremendous liability concerns attached to association
living, Feldsott & Lee believes it is imperative to assist the Board in documenting
its business judgment decisions. To accomplish this, we work closely with
Boards of Directors in implementing what we call the "P-A-S-S System"
of Board resolutions which sets forth four essential ingredients of any
Board resolution. These resolutions become the Board's best ally when
faced with allegations regarding improper conduct or the failure to exercise
proper business judgment. [Seminar Index]
CC&R
Enforcement "The Four Classifications"
The backbone of community association operations is founded within the
Declaration of Covenants, Conditions and Restrictions which sets forth
the following: a. Covenants: Promises on the part of all members, b. Conditions:
Conditions to membership in good standing, c. Restrictions: Restrictions
on the use of property. Recognizing the need to create non-discriminatory,
uniform policies Feldsott & Lee assists the Board in classifying almost every
conceivable violation into one of the four following categories: Work
in Progress, Completed Act, Ongoing Infractions and Dispute Resolution.
Once the violation is classified, the Board can make a business judgment
decision as to the proper course of conduct. Alternatives range from a
decision not to take any action to fines, arbitration, mediation and litigation.
This decision is documented pursuant to Board resolution. [Seminar
Index]
Amending
Governing Documents
Does your Association really need to amend its Governing Documents?
Understand the reasons why an Association should or should not amend
it’s Governing Documents versus just updating them. We will discuss
why to amend, what’s required by statute, updating documents, clarifying
specific issues, why not to amend, and the procedures to amend Articles,
Bi-laws and CC&R’s. [Seminar
Index]
Parking
Problems and Solutions
Every Homeowners Association is faced with parking issues. Learn how
to draft parking rules, and determine if your HOA can assign fees under
your current governing documents. We will also discuss curing violations,
suspending privileges, and fines. This seminar also includes a segment
on towing. You will learn when notice is not required to tow a vehicle,
and how to work with local law enforcement agencies. [Seminar
Index]
Member
Discipline
This seminar assists the Board of Directors with ways to discipline members
who do not adhere to the CC & R’s. Learn about the authority
to impose fines and suspend privileges, how to set a fine schedule, notice
a hearing and conduct a hearing as well as ways to notice the ruling.
You will also learn the differences between fines and assessments. We
will discuss what becomes a lien and what cannot become a lien, how to
collect assessments and fines and how to litigate for fines. [Seminar
Index]
Customized Education Programs
Feldsott & Lee would also be pleased to work with you in designing
and presenting specialized and educational programs to suit your management
company's needs. For your convenience, we would be happy to host an in-house
seminar or a. Please call us at 888-HOA-LAW2 for more information. [Seminar
Index]
For more information on our seminars, please
call 888-HOA-LAW2 or click here
to schedule in-house training.
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