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CAI-MN Law Seminar 2014
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10/14/2014
When: Tuesday, October 14, 2014
11:15 AM - 4:30 PM
Where: Minneapolis Marriot Southwest
5801 Opus Parkway
Minnetonka, Minnesota  55343
United States


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Agenda | Speaker Information | Credentials


 

Rates

– $45 for members
– $55 for nonmembers

 


Agenda

11:15 a.m. Registration
11:45 a.m.

Lunch & Keynote Presentation

Regulating Kids, Pools, and Pets: Staying Out of the "Deep End" of the Fair Housing Act
Nancy Polomis, Hellmuth & Johnson, PLLC | bio

This seminar will address how associations (including management agents) can properly regulate use of community pools by children in light of the Fair Housing Act. It will also cover how associations should address requests for reasonable accommodations involving animals as well as the importance of complying with the Fair Houseing Act and the possible penalties for failure to do so.

Learning Objectives:

1. Develop appropriate regulations regarding children's use of pools
2. Addressing requests for reasonable accomodation of animals in communities that regulate or prohibit animals
3. Responding to alleged violations of Fair Housing Act

12:45 p.m. Networking Break
1:00 p.m.

Breakout Sessions - Round 1

 

Track 1 - A Storm is Brewing: Navigating the Choppy Waters of Property Insurance Claims
Anthony T. Smith, Roeder Smith Jadin | bio

This session is intended to provide residential and commercial property managers with an overview of "best practices" for handling insurance claims from from the initial occurence through its resolution and to train them to recognize potential pitfalls in the insurance claims process.

Learning Objectives:

1. Understand how to teach residential and commercial property managers how to properly report an insurance claim with appropriate documentation
2. Understand how to teach residential and commercial property managers how to recognize and comply with duties under property insurance policies.
3. Understand how to teach residential and commercial property managers about the insurnace appraisal process as a method of alternative dispute resolution.

 

Track 2 - Handling Construction Defect Claims - What you Don't Know Can Really Cost You
Jon Edin, Levin & Edin, LLP | bio

Interactive presentation involving hypothetical situation posed to a manager beginning work with a new client file. Analyze what is a defect and what is a maintenance item, use of contractors or engineers, reporting, types of defect claims, timelines, statues of limitations.

Learning Objectives:

1. Learn to recognize when an issue might flag a defect
2. Basic familiarity with causes of action and timelines
3. Learn to recognize when you need expert advice

2:00 p.m. Networking Break
2:15 p.m. Breakout Sessions - Round 2
 

Track 1 - Collections: Current Strategies & Best Practices
Thomas Carlson, Carlson & Associates, Ltd. | bio

This session will provide an overview of the collection options available to associations. It will provide the property manager with information and knowledge to effectively advise associations regarding the collection process. We will review the current state of the real estate market and other issues that can impact the choice of collection remedy that an association may want to pursue.

Learning Objectives:

1. Understand the collection options available to associations.
2. Understand the specific requirements, procedures and expense related to each collection option
3. Understand how various factors can and should guide the decision regarding which option to pursue in a particular case.

 

Track 2 - Contracts: Negotiation, Enforcement and Cancelling
David McGee, Attorney at Law | bio

Outline and review the critical elements of a contract and discuss issues which arise from attempting to enforce contract terms or cancelling contracts. Outline and discuss legal issues that can arise and their implications.

Learning Objectives:

1. Describe what are the necessary terms for an enforceable contract.
2. Understand how to address contract language to anticipate and address problems.
3. Understand what steps to follow to enforcing or cancelling a contract.

3:15 p.m. Networking Break
3:30 p.m. Breakout Sessions - Round 3
 

Track 1 - The ABCs of CICs: Understanding MCIOA
Mary C. Taylor, Lindquist & Vennum, LLP | bio

This presentation will give attendees a thorough understanding of the various types of common interest communities (CICs) governed by MCIOA, and the rights and obligations of the parties who develop, sell, buy, own and manage these unique property types.

Learning Objectives:

1. Understand the key distinctions between condominiums, planned communities (townhomes) and cooperatives, and how these impact both unit ownership and management.
2. Understand how to use MCIOA as a guidebook for forming CICs and operating and managing CIC associations.
3. Understand how to comply with recent legal changes impacting association replacement reserve requirements.

 

Track 2 - Governing Documents: When & How to Revise
Mark S. Radke, Esq. Felhaber & Larson | bio

This presentation will discuss the basic governing documents for CICs, the circumstances that commonly give rise to the need to amend the governing documents of a CIC, and the process generally involved in amending the governing documents of a CIC.

Learning Objectives:

1. Gain a clear understanding of the form and function of the governing documents for CICs.
2. Learn about the events and circumstances that often require HOA’s to begin the process of amending their governing documents.
3. Talk over the process (and common pitfalls) for amending the governing documents of CICs.

4:30 p.m. Adjourn

Speaker Bios

Nancy Polomis

Nancy Polomis, Hellmuth & Johnson, PLLC

Nancy T. Polomis is a partner with the firm and chair of the Real Estate Development Practice. Her clients include builders, developers, banks, condominium and townhouse associations, and individuals and entities involved in real estate transactions. Nancy brings an in-depth understanding of the real estate market, coupled with the unique perspective of a former mortgage banking professional to work for her clients, who benefit from her decidedly direct and proactive counsel. Nancy's services include real estate purchases, sales, financing, land acquisition, the negotiation of commercial leases and the formation and maintenance of community associations. Representing numerous community associations, she brings considerable experience and insight to all stages of association development – and all association matters – including entity formation, the creation and interpretation of covenants and bylaws, and collections. Her ongoing representation of established associations enables her to anticipate potential issues when new associations are formed, and she works accordingly with builders in the initial development process to help ensure that documents are crafted with future needs in mind.

Licensed to practice law in the state courts in Minnesota, Nancy is a member of the Real Property Section of the Hennepin County and Minnesota State Bar Associations, and a member the American Bar Association. She is also active in the Professional Women in Building Council of the Builders Association of the Twin Cities (BATC), and is a member of the BATC Core Committee. Nancy is also active in CAI-MN, the local chapter of the Community Associations Institute, and is a member of the Board of Directors of CAI-MN. Nancy is a frequent speaker for continuing education seminars and is a regular resource for and contributor to several print and online publications. Nancy obtained her J.D. from William Mitchell College of Law, graduating cum laude. She completed her undergraduate studies at the College of Saint Benedict with a Bachelor of Arts degree in English and Business Administration.

Anthony T. Smith

Anthony T. Smith, Roeder Smith Jadin

Anthony (“Tony”) T. Smith has been representing property owners for most of his career. He regularly represents and advises condominium and townhome associations, property management companies and individual homeowners in insurance claim disputes involving both coverage and valuation. He has represented condominium and townhome associations in insurance appraisals, federal and state district court, the Minnesota Court of Appeals, and the Minnesota Supreme Court. Additionally, Tony frequently advises property managers on other legal issues affecting community associations, including construction defect litigation; governing document review, interpretation, and enforcement; and collections. He has also lectured to local and national organizations on insurance claims and coverage. Tony graduated from the University of Minnesota Law School in 2001. Well-respected by his clients and peers, he was selected as a Minnesota Rising Star from 2007-2010 and 2012-2014, a distinction awarded to only 2½ % of Minnesota attorneys under the age of 40.

Jon Edin

Jon Edin, Levin & Edin, LLP

Jonathan Edin is the managing attorney of the Minneapolis/St. Paul office of Levin & Edin. Raised in central Minnesota, Jonathan is an honors graduate of both the University of Minnesota and Pepperdine University School of Law. In his 20 years of practice, Jonathan has focused his career on litigation, both as an elected County Attorney and in the private sector. He has represented private individuals, insurance companies, and governmental entities. He is an accomplished trial attorney, having handled hundreds of bench trial cases and many jury trial cases to verdict. Jonathan has served as Chapter President of the Community Associations Institute, Minnesota Chapter, and is presently chair of the Trade Show Committee. He is a past member of CIC Midwest’s planning committee. Jonathan has presented numerous seminars on construction defect litigation topics in the Twin Cities area, as well as writing several articles on construction defect-related issues for CAI Community Living Magazine and CIC Midwest Magazine.

Thomas Carlson

Thomas Carlson, Carlson & Associates, Ltd.

Thomas Carlson is the founding shareholder of Carlson & Associates, Ltd. law firm in Vadnais Heights, Minnesota. Tom’s practice areas include community association law, municipal law, insurance defense, subrogation and civil litigation. His clients include community associations, property management companies, insurance carriers, various Minnesota counties, private businesses and individuals. Tom has been representing community association clients for twenty years and his firm presently represents hundreds of associations throughout the Twin Cities and greater Minnesota. He practices in all areas of community association law, including collections/lien foreclosures; governing document drafting, interpretation and enforcement; FHA compliance issues; construction defects and litigation. Tom is a frequent speaker and author on issues affecting community associations. He has been consistently recognized as a Minnesota Super Lawyer. He is licensed to practice in all Minnesota State and Federal Courts, the Eighth Circuit Court of Appeals and the United States Supreme Court.

David McGee

David McGee, Attorney at Law

David J. McGee has been practicing for 25 years and is a partner with Thomsen & Nybeck, P.A. Mr. McGee practices in the area of community association, real estate, construction, and commercial litigation. He is a frequent lecturer and author of numerous articles on construction defect, real estate and community association issues. He is a qualified neutral in both arbitration and mediation. He represents clients in arbitrations, mediations and district court actions, in both state and federal court. He handles professional liability claims for numerous insurers in arbitrations, administrative proceedings, licensing agencies and in court. Mr. McGee has been consistently recognized by several publications, including Minneapolis-St. Paul Magazine and Minnesota Law and Politics as a Top Lawyer in the State of Minnesota.

Mary C. Taylor

Mary C. Taylor, Lindquist & Vennum, LLP

Mary Taylor is a partner with Lindquist & Vennum LLP, where she has practiced for 11 years in the Real Estate Group, after spending her first decade of practice in software licensing as in-house counsel for Oracle Corporation and for Nistevo, an Eden Prairie start-up. Mary’s experience in commercial real estate encompasses commercial development, residential projects, and general leasing; she has represented both buyers and sellers in the purchase and sale of a wide variety of commercial properties, including office buildings and retail shopping centers. Mary has extensive experience in the development of single-family, condominium, and townhome communities in the greater Twin Cities metropolitan area, and has assisted developers in all stages of the development process, from lot assemblage and platting to construction and home sales. Mary is a Minnesota State Bar Association Certified Real Property Law Specialist, and has also recently joined the board of Gilda’s Club Twin Cities, Inc., a nonprofit providing social and psychological support to people living with cancer and their families and friends.

Mark S. Radke

Mark S. Radke, Esq. Felhaber & Larson

Mark Radke practices primarily in the areas of real estate, CIC and homeowner association law, business law, and mergers and acquisitions, with a special emphasis on the structuring, development and operation of common interest communities, multi-family housing and commercial developments, primarily under MCIOA, general transactional work, and commercial leasing. He has substantial experience in the ongoing representation of homeowner associations and the formation and ongoing representation of business partnerships, limited liability companies and other corporate entities, and general contract law. Mark is certified by the Minnesota State Bar Association as a Real Property Specialist and he is a member of the Committee on Minnesota Common Interest Ownership, which advises the Real Property Council concerning legislation affecting the Minnesota Common Interest Ownership Act (MCIOA). Mark currently serves as Chair of the firm's Business Section and Chair of the firm’s Finance Committee.


Professional Credentials & Real Estate Credits:

Professional Credentials:
All CAI-MN events qualify toward earning and maintaining your professional credentials (CMCA, AMS, PCAM, etc.). Visit the Professional Credentials webpage to learn more! Click Here

Real Estate Credits:
CAI-MN submits application for Real Estate Credits with the state of Minnesota for each educational program.


Admission to all CAI-MN events requires advance registration either by mail, online, or in person. Individuals will not be admitted to an event without payment. Failure to attend an event does not constitute a cancellation of event registration and you will be charged for registering.

 

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