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2000-2001 Board of Governor's Meeting Minutes
Williamsburg, January 19, 2001
Charlottesville, September 16, 2000
MINUTES OF THE MEETING OF THE BOARD
OF GOVERNORS OF
THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
Charlottesville, Virginia
September 16, 2000
The Fall meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Saturday, September 16, 2000, at 10:15 a.m., in Room WB103 of the University of Virginia School of Law, Charlottesville, Virginia.
The following persons were in attendance: Steve Romine, Mike Pace, Richard Mendelson, Larry McElwain, Joe Cochran, Eric Zimmerman, Steve Wood, Minerva Andrews, Christian Chiles, Leslie Argenta, Paula Caplinger, Christina Meier, Lawrence Daughtrey, Steven Blaine, Grice McMullan, Lawrence Schonberger, Louis Rogers, Rob Pearsall, Patrick Pettitt, Randy Howard, Robin Alsonyz, David Helscher, Steve Gregory, Ed Waugaman, Douglass Dewing, and John Epperly. John David Epperly, Chair, chaired the meeting. Steve Romine, Secretary, kept the minutes.
Mr. Epperly called the meeting to order.
Mr. Epperly presented the minutes of the June 16, 2000 meeting of the Real Property Section and upon motion duly made, and seconded, the minutes were unanimously approved as written by those who attended the June 16, 2000 meeting. Those not in attendance at the June 16, 2000 meeting abstained.
Mr. Epperly presented the financial report.
Mr. Randy Howard presented the membership report. Membership is currently at 1,747.
Christina Meier nominated Christian Chiles of Williams Mullen Clark & Dobbins to serve as an Area Representative from the Tidewater Region. The nomination was duly seconded and Mr. Chiles was elected.
Mr. Epperly discussed the current policy regarding attendance requirements for Area Representatives. Steve Wood discussed a proposed attendance policy for Board Members and Area Representatives (see attachment). No consensus was reached regarding mandatory attendance. It was also decided that Steve Wood would draft a welcome letter with guidelines and expectations for consideration by the Board.
Mr. Epperly next discussed the pamphlet, Purchasing Your House, and the need for revisions. He encouraged each of us to provide input. Joe Cochran volunteered to assist Steve Gregory in finalizing revisions.
Messrs. Epperly and Schonberger next discussed articles for the Fee Simple magazine. The publication deadline was October 23, 2000. Lynda Butler was not present. A lengthy discussion occurred and the following list of articles were volunteered:
Mr. Schonberger led a discussion regarding the section CLE program and made an appeal for speakers for the May, 2001 program. Possible program topics include:
The Section also needs to provide an update to State Bar regarding changes
in law.
The Seminar Committee will consist of Paula Caplinger, Louis Rogers, and David
Helscher.
The Committee will set the time and place. They were encouraged to consider
planning the meeting coincide with the Spring Board meeting.
Mr. Dewing then reported on a Trust and Estates Section initiative. The Trust & Estates Section is attempting to rewrite the common law so that all assets vest in the personal representative and any transfer will require a written instrument. They contend, if adopted, this would place real estate on the same level as personal property and provide for ease of administration.
Mr. Epperly then gave an update on the status of UPL 183 & the Fears case. The appeal will be granted by Supreme Court. (comment from January meeting by Mr. McCauley - the appeal was not granted)
UPL 197 & LEO 1742 were also briefly discussed.
Various committee chairs made reports as noted in the Agenda:
The Board voted to continue extending free membership for one year after a new
member joins the Section.
Mr. Dewing discussed the activities of the Information and Technology Committee.
Mr. Blaine reported that Land Use Committee is drafting chapters for the Commercial
Real Handbook.
There being no further business, upon motion duly made, and seconded by Lawrence Schonberger, the meeting was adjourned at 12:40 p.m.
Steve Romine, Secretary
MINUTES OF THE MEETING OF THE BOARD
OF GOVERNORS OF
THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
Williamsburg, Virginia January 19, 2001
The Winter meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Friday, January 19, 2001, at 2:15 p.m., in Room 120 of the William & Mary School of Law, Williamsburg, Virginia.
The following persons were in attendance: Steve Romine, John David Epperly, Harry R. Purkey, Jr., Grice McMullan, Leslie Argenta, Jane Marum Roush, Randy C. Howard, David Helscher, Wayne Glass, Jim Plumhoff, Lee Hickok, Susan Hepner Siegfried, Chris Dillon, Rob Pearsall, Minerva Andrews, Eric V. Zimmerman, Jean D. Mumm, Douglass Dewing. Louis Rogers, Ronald Donn, Joe Cochran, R. Michael Smith, Kathleen H. Michener, Steven W. Blame, Lawrence A. Daughtrey, G. Michael Pace, Jr., Robert C. Barclay. IV, Karen French, James M. McCauley, Neil Kessler, Larry Newman, Paula S. Caplinger, Patrick R. Pettitt, Lynda Butler, Ray W. King, Christian H. Chiles, Chip Land, David Stroh, Ed Waugaman, Manus E. Holmes, Dan Goodwin, and Pia Trigiana. John David Epperly, Chair. chaired the meeting. Steve Romine, Secretary, kept the minutes.
Mr. Epperly called the meeting to order. (See official Agenda attached.)(not to this version)
Mr. Epperly presented the minutes of the September 16, 2000, meeting of the Real Property Section and upon motion duly made, and seconded, the minutes were unanimously approved as written by those who attended the September 16, 2000 meeting. Please note the following amendments to the minutes: spelling of "Douglass Dewing" was revised; the appeal of the Fears case was denied" by the Supreme Court "not granted". Those not in attendance at the September 16, 2000 meeting abstained.
Mr. Epperly dispensed with the presentation of the financial report.
Mr. Randy Howard presented the membership report. Total membership is at 1,874, 1,840 of which are active. This Section membership is second largest, litigation ahead and criminal behind.
The next item of business was to appoint New Area Representatives. Jean Mumm, Karen French and Jim Plumhoff were elected Area Representatives for Tidewater-Virginia, Central-Virginia, and Western-Virginia respectively.
Jean Mumm was also appointed Chair of the Environmental Section upon Steve Romine's resignation. The Housing subcommittee continues without a Chair.
John Epperly then made some remarks regarding a memorial for Priscilla deB. Rome. He proposed that a $500.00 contribution to Hampden-Sydney be made and that a Resolution and article be included in the Fee Simple.
The next item of business was a discussion by Lynda Butler regarding articles for the Fee Simple. Deadline for articles is April 20, 2001. The members agreed that the following articles would be appropriate:
Case discussions regarding mergers
Wetlands article
Software products article
Effect of bankruptcy on negotiability of non-recourse note
Electronic land records
Cover sheet legislation
Community development authority
Various upcoming events, including CLEs, were discussed next. The Advanced Annual Real Estate Practice Seminar is proposed for May 1 - Falls Church; May 2 - Richmond; May 8 - Norfolk; and, May 9 - Roanoke. Lee Hickok carried the discussion and indicated the program is shaping up.
The next item of business was the discussion of the Advanced Real Estate Practice Seminar to be held March 23-24, 2001 at the Boars Head Inn, in Charlottesville, Virginia. Grice McMullan and Lee Hickok are organizing the program. The program will focus on securitization, 1031 exchanges and choice of entity law. The annual meeting program scheduled for June in Virginia Beach is being organized by Steve Blame of LeClair Ryan.
The next item discussed was new legislation affecting real estate attorneys. Mr. Epperly discussed:
1. Amendments to the recording statute.
2. Mortgage release statute changes.
3. Electronic filing, and
4. HB 1760 - Crespa amendment
Doug Dewing and Ron Donn gave a final report on the initiatives taken by the Wills, Trusts and Estates section with respect to eliminating distinctions between real and personal property in estate administration. They indicated the Maryland experience had been good (see the various handout attached to these minutes). Upon motion duly made, and seconded, the members present approved spending $1500, subject to Virginia State Bar approval, to prepare a research paper on the issues addressed by the proposed legislation. Lynda Butler will advertise for a student to undertake the project.
John Epperly then addressed the letter attached from Mr. Shapiro with respect to lawyers' certification. The ethics subcommittee was assigned the responsibility to respond to Mr. Shapiro's inquiry.
John Epperly then received subcommittee reports from the following subcommittees:
A. Bankruptcy: No report
B. Current Developments and Legislation: A new chairman needs to be appointed
C. Environmental: Steve Romine gave a brief report on the new Wetlands law. . Jean Mumm will be the new chair of this subcommittee.
D. Ethics: No report.
E. First Day in Practice: Ed Waugaman gave a report and indicating and we have received 75 new members.
F. Housing: No chair currently in place. Rick Chess resigned.
G. Information and Technology: Doug Dewing indicate that the website is running and he is working on new links to other sites.
H. Land Use: Steve Blame made a report with respect to the status of a chapter to the Real Estate Handbook.
I. Membership: No report.
J. Newsletter: No report.
K. Small Firm and Sole Practitioner: No report.
L. Title Insurance: No report.
M. VBA Forms: No report.
There being no old business or new business the meeting adjourned by motion duly made, and seconded, at 4:12 PM.
Steve Romine, Secretary
MINUTES OF THE MEETING OF THE BOARD OF
GOVERNORS
OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
Boars Head Inn, Charlottesville, Virginia March 24, 2001
The spring meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Saturday, March 24, 2001, at 12:45 p.m., in the Patio Room at The Boar's Head Inn, Charlottesville, Virginia.
The following persons were in attendance: Steve Romine, Rob Pearsall, Steven Blaine, Larry McElwain, Eric Zimmerman, Doug Dewing, Jim Plumhoff, David Stroh, Jean Mumm, Kathleen Michener, Louis Rogers, Richard Mendelson, Susan Pesner, Leslie Argenta, Michael Barney, Lawrence Schonberger, Steve Wood, Karen French, Steve Gregory, Christian Chiles, Grice McMulIan, John Toole, Howard Gordon, Rick Richmond, Joe Cochran, Page Williams, David Helscher. John David Epperly, Chair, chaired the meeting. Steve Romine, Secretary, kept the minutes.
Mr. Epperly called the meeting to order. (See official Agenda attached.)
Mr. Epperly presented the minutes of the January 19, 2001, meeting of the Real Property Section and upon motion duly made, and seconded, the minutes were unanimously approved as written by those who attended the January 19, 2001 meeting. Those not in attendance at the January 19, 2001 meeting abstained.
Mr. Epperly dispensed with the presentation of the financial report.
Randy Howard presented the membership report. Total membership is at 1,878 members. Following the litigation section, the Real Property Section membership is the second largest.
The next item of business was appointment of new Area Representatives. No new Area Representatives were appointed, however, David Stroh was appointed Chair of the Housing Subcommittee.
The next item of business was a discussion led by Mr. Epperly regarding seminar planning. Steve Romine suggested that the officers of the Section assume primary leadership responsibility for the annual Section seminars. A proposal to form a CLE subcommittee was made. Mike Barney suggested that we also consult the by-laws and analyze the terms of Board members. The Board reached a consensus that the executive leadership should make a proposal for consideration.
The next item of business was the discussion of the articles for The Fee Simple issue scheduled for April 20, 2001. (See attachment for listing.) The fall issue of the Fee Simple was also discussed.
Various upcoming events, including CLEs, were discussed next. Lawrence Schonberger made a brief report. Steven Blame is planning the annual CLE for the summer meeting in Virginia Beach on Multi-Party Negotiations in Land Use Matters.
Steve Gregory reported briefly about new legislation of interest to real estate lawyers.
Doug Dewing next reported on the Wills, Trusts and Estates project concerning qualification for all estates (testate and intestate).
Mr. Epperly led a discussion regarding the need to replace Bob Hawthorne on the Virginia State Bar Legal Ethics Committee. The membership asked Mr. Epperly to decide whom to recommend based on members who have expressed an interest.
Mr. Epperly then received subcommittee reports from the following subcommittees:
A. Bankruptcy;
B. Current Developments and Legislation;
C. Environmental;
D. Ethics;
E. First Day in Practice;
F. Housing;
G. Information and Technology;
H. Land Use;
I. Membership;
J. Newsletter;
K. Small Firm and Sole Practitioner;
L. Title Insurance; and
M. VBA Forms.
Under old business, Rick Richmond discussed the Real Estate Transactions Manual. Comments were received on the 5th Annual Advanced Real Estate Seminar and topics for next year's program were discussed.
The meeting adjourned by motion duly made, and seconded, at 2:10 p.m.
Respectfully Submitted,
Stephen R. Romine Secretary
AGENDA
SPRING MEETING OF THE BOARD OF GOVERNORS
OF THE REAL PROPERTY SECTION
OF THE VIRGINIA STATE BAR
March 24, 2001
The Boar's Head Inn
Charlottesville, Virginia
I. Call to order and welcome
II. Approval of minutes from the January, 2001, meeting
III. Financial Report
IV. Membership Report
V. Appointment of New Area Representatives
VI. Replacements for Subcommittee Chairs
A. Environmental
B. Housing
VII. The Fee Simple (submission deadline April 20) (Lynda Butler)
VIII. Upcoming Events, CLEs
A. Annual Real Estate Practice Seminar, May 2001 (Larry Schonberger)
B. Seminar at the 2001 Annual Meeting (Larry Schonberger)
IX. New legislation of interest to real property lawyers
X. Report on the Wills, Trusts and Estates/Real Property Section subcommittee (Doug Dewing)
XI. Retirement of Bob Hawthorne from the Virginia State Bar Legal Ethics Committee
XII. Subcommittee Reports
A. Bankruptcy: Stephen B. Wood
B. Current Developments and Legislation
C. Environmental
D. Ethics: Susan M. Pesner
E. First Day in Practice: Edward R. Waugaman
F. Housing
G. Information and Technology: Douglass W. Dewing
H. Land Use: Steven W. Blame
I. Membership: Randy C. Howard
J. Newsletter: Lynda L. Butler
K. Small Firm and Sole Practitioner: Allen C. Tanner
L. Title Insurance: Edward R. Waugaman
M. VBA Forms: Joseph W. Richmond, Jr.
XIII. Old Business
XIV. New Business
XV. Adjourn
ARTICLES FOR THE MAY FEE SIMPLE
1. Patrick Pettitt: Federal Electronic Signature
Act and the Virginia Uniform Electronic Transaction Act
2. Grice McMullan: Article 9 changes
3. Legislative update: Pia Trigiani (??)
4. McCauley: Response to Meier's article on LEO 1742
5. Steve Romine: Final Virginia Wetlands Regulations dealing with the Tulloch
issue
6. John David Epperly: Resolution for Phil deB. Rome
7. Gary Peterson or John David Epperly (??): merger case before Supreme Court
(involving pre-printed and handwritten language)
8. Doug Dewing: article on software
9. Neil Kessler - Alex Laughlin (??): leases and bankruptcy law
10. Doug Dewing Jack Kennedy (??): online land record searches
11. Christian Chiles: Short Pump Town Center and the new legislative authority
for community development
12. Ronnie Donn: Powers of appointment (??)
13 Steve Romine, Environmental Subcommittee: various proposed regulations; US
Supreme Court migratory bird case
14. Pia Trigiani: property owners association bill involving conditional zoning
MINUTES OF THE MEETING OF THE BOARD OF
GOVERNORS
OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
Virginia Beach, June 2001
The summer meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Friday, June 15, 2001, at 12:25 p.m., in the Skytop Room at Holiday Sunspree Resort, Virginia Beach, Virginia.
The following persons were in attendance: Steve Romine, Lawrence Schonberger, Kathleen H. Michener, Susan Pesner, Richard Mendelson, Wayne Glass, Paula S. Caplinger, Rick Chess, Craig Erdmann, Chris Dillon, Larry McElwain, Page Williams, Lawrence A. Daughtrey, Lenore A. Barron, Howard E. Gordon, Christina E. Meier, Steven W. Blame, Pia Trigiani, Jim McCauley, Robert Barclay, Harry Purkey, Jean Mumm, Doug Dewing, Steve Gregory, Christian Chiles, J.B. Lonergan, Chip Land, Jane Marum Roush, Joe Cochran. John David Epperly, Chair, chaired the meeting. Steve Romine, Secretary, kept the minutes.
Mr. Epperly called the meeting to order. (See official Agenda attached.)
Mr. Epperly presented the minutes of the March 24, 2001, meeting of the Real Property Section and upon motion duly made, and seconded; the minutes were unanimously approved as written by those who attended the March 24, 2001 meeting. Those not in attendance at the March 24, 2001, meeting abstained.
Mr. Epperly gave the financial report. He reported a balance of $13,330.96. He then led a discussion on William & Mary's request for reimbursement related to the publication of The Fee Simple. Upon motion made by Susan Pesner, and seconded by Christina Meier, the Executive Officers of the Section (Chair, Vice-Chair and Secretary) were authorized to expend appropriate funds, in their discretion, for (1) VBA disks, as necessary, (2) reimbursement of William & Mary costs related to publication of The Fee Simple, and (3) other expenditures as deemed appropriate.
Mr. Epperly presented the membership report. Real Property Section membership is at 1,849 members. The Section membership is the third largest trailing the Litigation and Criminal Sections, respectively.
The Nominating Committee made its report. As proposed, Richard Mendelson, Lawrence Daughtrey, and Chris Dillon were elected members of the Board of Governors. The Section then elected Lawrence Schonberger, Chairman, Stephen Romine, Vice Chairman, and Paula Caplinger as Secretary.
A Seminar Committee was appointed comprising the Executive Officers and Larry McElwain. The Seminar Committee will be responsible for planning the Summer Program, the Advanced Real Estate Seminar, and the Annual Real Estate Practice Seminar.
Next, Wayne Glass and Jay Steele were elected Area Representatives by the Section membership.
Mr. Epperly led a discussion regarding articles for The Fee Simple. The next publication deadline is October 23, 2001. Susan Pesner suggested an article on the sale of small practices and receivership issues related thereto.
Doug Dewing next reported on the Wills, Trusts and Estates project concerning qualification for all estates (testate and intestate).
There were no substantive subcommittee reports.
There was no old business discussed.
Mr. Epperly distributed the schedule for future meetings. (See attached.)
The meeting adjourned by motion duly made, and seconded, at 1:10 p.m.
Respectfully Submitted,
Stephen R. Romine Secretary
AGENDA
SUMMER MEETING OF THE BOARD OF GOVERNORS
OF THE REAL PROPERTY SECTION
OF THE VIRGINIA STATE BAR
June 15, 2001
I. Call to order and welcome
II. Approval of minutes from the March, 2001, meeting
III. Financial Report
IV. Membership Report
V. Election of New Board Members and Officers
VI. The Fee Simple (Lynda Butler)
VII. Report on the Wills, Trusts and Estates/Real Property Section subcommittee (Doug Dewing)
VIII. Subcommittee Reports
A. Bankruptcy: Stephen B. Wood
B. Current Developments and Legislation
C. Environmental
D. Ethics: Susan M. Pesner
E. First Day in Practice: Edward R. Waugaman
F. Housing
G. Information and Technology: Douglass W. Dewing
H. Land Use: Steven W. Blame
I. Membership: Randy C. Howard
J. Newsletter: Lynda L. Butler
K. Small Firm and Sole Practitioner: Allen C. Tanner
L. Title Insurance: Edward R. Waugaman
M. VBA Forms: Joseph W. Richmond, Jr.
IX. Old Business
X. New Business
XI. Adjourn
Virginia State Bar Real Property Section
Board of Governors
Proposed Meeting Schedule 2001-2002
| Fall Meeting: | Saturday, September 15, 2001 * | Charlottesville |
| Winter Meeting: | Friday, January 18, 2002** | Williamsburg |
| Spring Meeting: | At Advanced Real Estate Seminar*** (March or April 2002) | Charlottesville |
| Summer Meeting: | Friday, June 14, 2002*** | Virginia Beach |
Notes on the proposed schedule:
*UVa. has home football games on September 1 and September 29, 2001.
**VBA Winter Meeting is January 17-20, 2002
***Easter Sunday is March 31, 2002; Passover is March 27 - April 4, 2002.
**The VSB Annual Meeting is June 13-16, 2002.
