ALI-ABA Topical Courses Homeowner Association Governance: New Developments in Troubling Times Fall 2009 Update November 18, 2009 Telephone Seminar/Audio Webcast AGENDA FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. Distressed Projects: Is It Safe to Return Yet? By Michael J. Gelfand Page ix 2. Homeowner Association Governance Material 17 By Wilbert Washington, II a. Ten Tips for Collecting Assessments 18 b. The Pros and Cons of Lease Restrictions 22 c. Weed Out Improper Requests for 'Reasonable Accommodation' Verification Form 25 d. Handling the Fair Housing/Parking Issues in Your Association 31 e. Neighbor-to-Neighbor Disputes Involving a Protected Class 36 3. The Plaza East Trilogy: Not a Nursery Rhyme, But Scary Warfare By Michael J. Gelfand 4. Homeowner Association Governance Material By Steven H. Mezer xi xiii 1 39 53 vii
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ALI-ABA Topical Courses Homeowner Association Governance: New Developments in Troubling Times Fall 2009 Update Wednesday, November 18, 2009 Telephone Seminar/Audio Webcast PROGRAM (All Times Eastern Standard) 1:00 pm Homeowner Association Governance: New Developments in Troubling Times Fall 2009 Update --Panel Discussion 2:15 pm Audience Questions--Panel Discussion 2:30 pm Adjournment ix
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ALI-ABA Topical Courses Homeowner Association Governance: New Developments in Troubling Times Fall 2009 Update Wednesday, November 18, 2009 Telephone Seminar/Audio Webcast PLANNING CHAIRS Michael J. Gelfand, Esquire Wilbert Washington, II, Esquire Gelfand & Arpe, P.A. Attorney/Corporate Treasurer Regions Financial Tower, Suite 1220 Chadwick, Washington, Moriarty, 1555 Palm Beach Lakes Blvd. Elmore & Bunn, P.C. West Palm Beach, FL 33401 9990 Fairfax Boulevard, Suite 200 Fairfax, VA 22030-1720 PANELIST Steven H. Mezer, Esquire Bush Ross, P.A. 1801 North Highland Avenue Tampa, FL 33602-2656 ALI-ABA Staff Producer: Harry Kyriakodis, Esquire xi
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Planning Chairs FACULTY BIOGRAPHIES Michael J. Gelfand, Esquire Gelfand & Arpe, P.A. Regions Financial Tower, Suite 1220 West Palm Beach, FL A founding partner of his firm, Mr. Gelfand focuses his practice on Florida community association law in Palm Beach County Courts, including matters affecting condominium, homeowners, property owners and country club communities. A Florida Bar Board Certified Real Estate Attorney, he is also a Mediator (Florida Circuit Civil and Florida County Civil) and has served as a Special Master for Florida's Fifteenth Judicial Circuit Court and for the City of Boca Raton, Florida. Mr. Gelfand served the maximum two terms as the chair of The Florida Bar's Condominium and Planned Development Committee. He is a sought after community association law commentator, speaking for ABA, ACREL, The Florida Bar, the University of Miami, and ALI-ABA, among others. The Florida Bar has published Mr. Gelfand's works including "Alternate Dispute Resolution, Arbitration and Mediation" and "Condominium and Homeowner Association Liens" and many statutory updates. He also contributed to Harrison's legal treatise Florida Admissibility of Evidence. Mr. Gelfand graduated from Northwestern University in 1979 and obtained his J.D. from the University of Florida School of Law in 1982. Wil Washington, II, Esquire Attorney/Corporate Treasurer Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. Fairfax, VA Mr. Washington is a principal in his firm's Fairfax office and co-founded the firm in 1990. In his practice, which is devoted to community association law, Mr. Washington provides counsel and advice to the firm's clients regarding general community association issues, warranty, contract, fair housing and litigation matters. He recently taught courses on drafting and amending community association documents and on fair housing laws as they apply to community associations. He has recently been involved in projects concerning warranty negotiations, litigation of contract, fair housing, mold and corporate disputes, and the conversion of apartments to condominium associations. Mr. Washington has served on the Board of Trustees of the Community Associations Institute and was president of the Washington Metropolitan Chapter of the Community Associations Institute in 1998. Admitted to practice in Virginia, Maryland, and the District of Columbia, he graduated from Duke University in 1980 with a B.A. in History and obtained his J.D. from Vanderbilt University in 1983. xiii
Panelist Steven H. Mezer, Esquire Bush Ross, P.A. Tampa, FL Mr. Mezer has built one of the largest and most successful practices dedicated to serving the unique needs of homeowners associations and condominium associations in Florida. Board certified by state bar's Board of Legal Specialization and Education, he is currently general counsel to over 700 community associations, routinely handling matters involving real estate litigation, foreclosures, collection of assessments and deed restriction enforcement. Mr. Mezer is Vice Chair and Secretary of the Condominium and Planned Development Law Committee and Community Associations Subcommittee of the Real Property, Probate and Trust Law Section of The Florida Bar. He has also been a member of the Homeowners Association Law Subcommittee of the ABA Real Property Section, the Executive Council of the Real Property Section of the Florida Bar's Real Property Probate and Trust Law Section, and the Suncoast Chapter of the Community Associations Institute, where he has served as Director, Education Chairman and President. In addition to lecturing at seminars for many continuing legal education providers, Mr. Mezer has had articles published in Condo Management Magazine, The Association Advisor, and Clearwater Bar News. He has received recognition as a member of Florida's "Legal Elite" by Florida Trend Magazine, and has been recognized as a "Super Lawyer" by Florida Super Lawyers Magazine. He graduated from the University of Miami in 1974 and obtained his J.D. from Stetson University in 1977. xiv