Condominiums and Common Interest Developments: Legal Considerations

Forming Entities and Structuring Documents That Meet Complex Legal Requirements

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Thursday, May 17, 2012

Recorded event now available

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Course Materials

This CLE course will present real property counsel with practical information on the various types of condominiums and common interest developments. The panel will provide guidance on creating, structuring, documenting, governing, operating and managing these increasingly popular types of developments.

Description

According to some reports, the fastest growing type of housing in the U.S. is the "common interest development" (CID). Yet, confusion persists about the legal distinction between condominiums, homeowners associations and CIDs. 

Each entity has its own laws of formation and operating procedures. To avoid common pitfalls, counsel must structure the initial documentation according to governing statutes and ordinances and based on a thorough grasp of the rights and liabilities of the respective parties. After formation, effective operation and management of each entity depends on a practical understanding of the governing procedures.

Counsel for developers, associations, owners and property managers must master the terminology to confidently navigate through this often confusing landscape.

Listen as our panel of experienced practitioners offers guidance to attorneys on creating, structuring, documenting, governing and managing condominiums and CIDs. The panel will explain differences in these types of entities and discuss common mistakes and how to avoid them.

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Outline

  1. Understanding the legal distinctions and applicable statutes
  2. Formation and required documentation
  3. Governance and associations
  4. Management, operation and enforcement
  5. Emerging Issues and future concerns

Benefits

The panel will review these and other key questions:

  • What are the distinguishing features of the various types of CIDs?
  • What are the necessary steps in the formation of these entities and how can counsel avoid the common pitfalls?
  • What procedures should counsel adopt to establish the basis for effective operation and management of CIDs?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Lincoln W. Hobbs
Lincoln W. Hobbs
Founding Member and Firm Manager
Hobbs & Olson

He was the first Utah member of the College of Community Association Lawyers. His practice encompasses all areas of...  |  Read More

David A. Herrigel
David A. Herrigel
Principal
Hyatt & Stubblefield

He has worked exclusively in the field of community association law since 1989, and he represents developers of all...  |  Read More

J. David Ramsey
J. David Ramsey
Partner
Becker & Poliakoff

With experience spanning more than 30 years, he concentrates his practice in community association, real estate,...  |  Read More

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