Fred T. Whitney, Esq.
Neuland & Whitney, APC - Rancho Santa Margarita
Fred has successfully tried cases on issues involving CC&R enforcement, contract disputes and complex election issues. Additionally, he has successfully argued association industry issues before the California Appellate Court, which resulted in published Appellate opinions setting standards within the community association industry.
Service With Staying Power: Long-Term Contracts Done Right
May 22, 2012
11:00 am - Noon
Generally, association governing documents limit the board’s authority to enter into long-term service contracts without membership approval. On the other hand, long terms are mandated by certain service providers, such as cable providers, elevator maintenance contractors, internet providers and laundry equipment lessors. Learn to avoid pitfalls and traps associated with these complex, yet common, contracts.
Participants in this webinar will:
- Learn how to deal with prohibitions against long-term contracts found in governing documents
- Discover how to spot unacceptable termination provisions
- Receive pointers on negotiating appropriate revisions to provider contracts
Webinar II Speakers:
Michael J. Hughes, Esq.
Hughes Gill Cochrane, PC - Walnut Creek
For more than 25 years, Mike has provided counsel to boards of directors and memberships in all aspects of CID operations, including CC&R interpretation, revisions and enforcement, commercial relationships with vendors, member disputes and construction defect litigation.
Denise Iger, Esq.
Hickey & Petchul, LLP - Irvine
Denise’s practice focuses on community association law, with an emphasis on corporate matters, including opinion letters, disciplinary proceedings, governing document drafting and enforcement, and contract review and drafting.
Manager Turned Election Inspector?
Recalls, Cumulative Voting and Other Challenges
June 5, 2012
11:00 am - Noon
Should the manager ever be the Election Inspector? If so, when? California law permits this if authorized by contract or in the election rules. But is it wise? What unique challenges will a manager face serving as the inspector? Elections are sometimes stressful, recalls are frequently antagonistic, and cumulative voting adds another level of stress. Therefore, being able to professionally manage the election process brings value to the services a manager can provide to clients, and it's a service that is often desperately needed.
Participants in this webinar will learn:
- What part of the recall/removal is statutorily driven and what part is driven by the governing documents
- How the reverse cumulative voting formula works in a recall/removal process and whether managers should recommend document amendment to remove cumulative voting
- What risks and challenges can be expected before, during and after the election when the manager serves as the Election Inspector
Webinar III Speakers:
Sandra L. Gottlieb, Esq.
SwedelsonGottlieb - Los Angeles, San Francisco
Sandra is one of California’s leading community association attorneys representing California homeowner associations. She works with volunteer board members, association managing agents and opposing counsel, and she also provides sound counsel regarding association operational issues.
Steven S. Weil, Esq.
Berding & Weil, LLP - Alamo
Steve’s 27 years of experience as a community association attorney includes analyzing board and member duties under the Davis-Stirling Common Interest Development Act and other state and federal laws. He has also helped communities deal with CC&R amendments and director recalls and worked on campaigns for large special assessments to fund capital improvements or major repairs.
Stop Before You Send: Avoiding Hurtful Email Habits
June 19, 2012
11:00 am - Noon
Managers are expected to provide quick, correct responses on a broad range of issues. But, hasty responses are often not the best responses, and they can place the manager and the board at risk. The improper use of email communications between management, homeowner boards and members has increasingly created serious liability issues for community managers. Learn important lessons from our expert attorneys’ court battles, and gain tips on using email effectively while simultaneously keeping yourself out of hot water.
Participants in this webinar will learn:
- Why uncontrolled emailing may result in legal issues
- Techniques for lessening the number and detail of email responses demanded by the board of directors and membership
- How emails can be manipulated
Webinar IV Speakers:
Erin A. Maloney, Esq.
Fiore Racobs & Powers, APLC - Irvine, Riverside
Erin has been serving the industry for 20 years, specializing in assessment collection, and additionally she has served as a Judge Pro Tem for the San Bernardino County Superior and Municipal Courts. She has also served as a Small Claims Judge and Mandatory Settlement Conference facilitator.
David M. Peters, Esq.
Peters & Freedman, LLP - San Diego, Palm Desert
David has served on the California Department of Real Estate Subdivision Advisory Committee and the Homeowners Association Task Force, and he has also been Co-Chair of the Subdivision Advisory Committee Litigation Task Force.