Virginia Beach, June 14, 2002

Charlottesville, April 13, 2002

Williamsburg, January 18, 2002

Charlottesville, September 15, 2001

The Fall meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Saturday, September 15, 2001, at 10:00 a.m., in Room WB 105 of the University of Virginia Law School in Charlottesville, Virginia.

The following persons were in attendance: Paula S. Caplinger, Christina Meier, Larry J. McElwain, Rick Richmond, Karen French, Steve Romine, Randy Howard, Page Williams, Jay Steele, Lawrence A. Daughtrey, Eric V. Zimmerman, Jim McCauley, Steven W. Blaine, G. Michael Pace, Jr., David Helscher, Rob Pearsall, Chris Dillon, Grice McMullan, Richard Mendelson, Doug Dewing, Steve Gregory. Lawrence Schonberger, Chair, conducted the meeting. Paula Caplinger, Secretary, kept the minutes.

Mr. Schonberger called the meeting to order. (See official Agenda attached.) Mr. Schonberger presented the minutes of the June 15, 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 June 15, 2001 meeting. Those not in attendance at the June 15, 2001 meeting abstained.

Mr. Schonberger gave the financial report. He reported a balance of $21,915.68. He is working to resolve a billing question posed by the National Legal Research Group for services rendered by them in connection with legal research for the 19th Annual Real Estate Practice Seminar.

The next item of business was appointment of new Area Representatives. Upon motion duly made, and seconded, Susan Siegfried and Paul Belgarde were unanimously selected for appointment. The resignations of area representatives, Robin Alsop and Michael Smith were accepted.

Steve Romine and Larry McElwaine reported that the Section's CLE seminars are actively being planned. The Advanced Real Estate Seminar will be held April 12 and 13, 2002 at the Boar's Head Inn in Charlottesville, Virginia. Suggestions for relevant topics are being solicited. The focus of this seminar is more academic than the Section's other seminars. The Seminar Committee is seeking input on topics and speakers for the 20th Annual Real Estate Seminar. They are also exploring whether the Section should have a "combined" seminar with another section at the Annual Meeting in Virginia Beach.

Next, Steve Gregory presented information on proposed changes to the mechanic's lien agent statutes. Changes dealing with procedures to appoint a successor mechanic's lien agent (in the event of death, resignation or incarceration of the named MLA), defining "residential construction" and expanding the Statute to apply to all residential construction had been proposed to the legislature. The recommendations regarding successor mechanic's lien agent procedures passed and the attempt to define "residential construction" and expand the Statute to include all residential construction failed. After discussion by the group, the consensus was that the Section supported an attempt to define "residential construction." However, any attempt to expand the statute to all residential cases was not favored. Steve Gregory agreed to provide the group with the proposed language that will be reintroduced to refine the definition within the Statute of residential construction.

Doug Dewing provided an update on the activities of the Trusts and Estates Section's proposed revisions to Virginia Code 64.1. The major change the Trusts and Estates Section has advanced is the requirement for qualification of a personal representative on every estate. A lively discussion followed at the conclusion of which the group recommended Doug provide the Trust and Estates Section with feedback that the proposed statutory changes as presented are unacceptable to our Section. Upon motion duly made and seconded, the Chair and Doug Dewing were unanimously authorized to engage the services of an academic researcher or the National Legal Research Group to prepare a paper on how the proposed statute will affect real estate practice in Virginia. The paper should specifically address such issues as the title to real estate and finality in ownership. The cost for such research is not to exceed $2500 and the paper is to be available within 90 days. The Chair will invite Jim Cox, a real estate and trusts and estates lawyer from Charlottesville to our January meeting to provide the group with his perspective on the proposed legislation. Doug Dewing also agreed to circulate hypotheticals to the Section that the Trusts and Estates Section had prepared.

Steve Romine presented a report on behalf of the Environmental subcommittee. The new wetlands law goes into effect October 1, 2001. This would be an excellent topic for a Fee Simple article.

Jim McCauley presented a report on behalf of the Ethics subcommittee. Due to a recent case where an attorney conducted a settlement conference, but was not listed as the settlement agent on the HUD-1 Settlement Statement, Jim inquired regarding the Section's sentiments on amending CRESPA to expand the definition of "settlement agent." A discussion ensued during which it was the consensus of the group that it was best not to suggest a change to the definition of "settlement agent." Rather, the group proposed amending Virginia Code 6.1-2.21(d) (2) to include language that fidelity bonds and insurance cover any persons who handle proceeds. This would protect the consumer but not enlarge the definition of "settlement agent." Jim is to prepare a draft proposal to address this issue and circulate it for discussion at the next meeting.

Due to time constraints, UPR 6 was not discussed. Members should review the materials (provided with the agenda at the meeting) and provide written comments to Jim McCauley.

On behalf of the First Day in Practice subcommittee, Rick Richmond reported that he will present the real estate portion of the First Day in Practice Seminar. If Ed Waugaman is willing to pass out information to new admittees, he should be at the session on October 30 at 3:00 p.m.

The membership subcommittee reports that we are still second in terms of section membership, behind only the litigation section. Our membership, however, has slightly declined.

On behalf of the Newsletter subcommittee, the chair reminded those persons writing articles that the deadline for submissions for the Fall issue is October 23, 2001. Possible topics to include in the next issue of the Fee Simple include information on the new wetlands law, UPR 6 and a draft of the proposed changes to the estates section of the Code with a request for comments by real estate practitioners.

On behalf of the VBA forms subcommittee, Rick Richmond reported that the commercial handbook, which was being drafted as a separate volume, is now being consolidated with the residential real estate handbook and one all-encompassing volume covering real estate law will be introduced in Virginia. Rick thanked all persons who have made contributions.

There was no old business discussed.

There was no new business discussed. The meeting adjourned by motion duly made, and seconded, at 12:45 p.m.

Respectfully Submitted,

Paula S. Caplinger Secretary

AGENDA
FALL MEETING OF THE BOARD OF GOVERNORS
OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
September 15, 2001
University of Virginia Law School, Room WB105
Charlottesville, Virginia

I. Call to order and welcome

II. Approval of minutes from the June 15, 2001 meeting

III. Financial Report

IV. Area Representatives - Appointments/Resignations

Appointment - Susan Siegfried
Resignations - Robin Alsop/Michael Smith

V. CLE Seminars & Workshop - Steve Romine and Larry McElwain Annual/Advanced/Summer

VI. Report of status of amendments to statutes

Doug Dewing - estates and trusts
Stephen Gregory - mechanics lien agents

VII. Subcommittee Reports

1. Bankruptcy: Stephen B. Wood
2. Current Developments and Legislation: Lucia Anna Trigiani
3. Environmental: Jean D. Mumm
4. Ethics: Susan M. Pesner
5. First Day in Practice: Edward R. Waugaman
6. Housing: Richard B. Chess
7. Information and Technology: Douglass W. Dewing
8. Land Use: Steven W. Blaine
9. Membership: Randy C. Howard
10. Newsletter - the Fee Simple: Lynda L. Butler
11. Small Firm and Sole Practitioner: Allen C. Tanner
12. Title Insurance: Edward R. Waugaman
13. VBA Forms: Joseph W. Richmond, Jr.

VIII. Liaison Reports

Bar Counsel - Ray W. King
Old Dominion Bar Association - Manus E. Holms

IX. Old Business

X. New Business

XI. Adjourn

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The Winter meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Friday, January 18, 2002, at 12:00, in Room 120 of the Marshall-Wythe School of Law, College of William and Mary in Williamsburg, Virginia.

The following persons were in attendance: Patrick R. Pettitt, Paula S. Caplinger, Christina E. Meier, Paul A. Bellegarde, Ray W. King, Grice McMullan, Jay Steele, John David Epperly, Jean Mumm, Susan Siegfried, Neil Kessler, Jane Marum Roush, Courtland Traver, Susan Pesner, Steven W. Blaine, David C. Helscher, J.B. Lonergan, Howard E. Gordon, Michael E. Barney, Lucia Anna Trigiani, Steve Wood, Steve Romine, Karen French, Doug Dewing, Joe Cochran, Rick Richmond, Wayne Glass, Jim Plumhoff, Rob Pearsall, Chris Dillon, Lynda Butler, Dan Goodwin, Kathleen Michener, Larry McElwain and Lawrence Schonberger. Lawrence Schonberger, Chair, conducted the meeting. Paula Caplinger, Secretary, kept the minutes.

Mr. Schonberger called the meeting to order. (See official Agenda attached.)

Mr. Schonberger presented the minutes of the September 15, 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 September 15, 2001 meeting. Those not in attendance at the September meeting abstained.

Due to a scheduling conflict which required his departure, the meeting agenda was shifted and next Steve Romine offered his report on upcoming CLE Seminars and Workshops. Steve reported that the 20th Annual Seminar is progressing well. Seminar dates of May 9 (Norfolk), May 10 (Richmond), May 16 (Falls Church) and May 17 (Roanoke) have been established. The moderators have been selected for all locations. The seminar will be submitted for six hours of continuing legal education credit. The topics being discussed for the seminar include: one hour of ethics, one hour relating to title insurance coverage issues, one hour by panel discussion on lending/lender issues, one hour on a landlord/tenant topic and one hour each on current legislation and a case law update. The presenters doing the case law and current legislation topics, as well as the group, feel more time, rather than just an hour, should be devoted to this portion of the program. The Business Law Section of the Virginia State Bar has contacted Steve regarding the possibility of a cooperative program at the Summer Meeting. The program topic is as yet undetermined. The Section has requested the same room and meeting time as in prior years.

Mr. Schonberger introduced Paul Bellegarde, a new area representative from northern Virginia.

Mr. Schonberger gave the financial report. He reported a balance of $27,075.00 as of December 31, 2001. Based upon his evaluation of past budgets and expense projections for the year 2002, a budget short-fall is imminent. An anticipated deficit of $4000 will occur in 2002 unless the dues for the Section are increased. A discussion by the group followed centering on possible ways to conserve costs and the impact of a dues increase.

One approach suggested to cut costs was to request Virginia CLE absorb the expense of the legal research necessary to produce the legislative and case law portion of the Annual Seminar. Another idea proposed was to review the pricing of the Annual Seminar; perhaps giving Section members an additional discount and offsetting that cost with an overall increased seminar fee. Court Traver, Neil Kessler and Rick Richmond agreed to consult with Lee Hickok on these issues and report back to the group.

Based on the budget and the anticipated deficit, even if cost savings are achieved, the consensus of the group was that a dues increase was still necessary. Upon motion duly made and seconded, the Board of Governors and the membership voted to increase the Section dues to $20, effective with the next fiscal year.

Next, Larry McElwain reported that the planning for the Advanced Real Estate Seminar to be held April 12 and 13, 2002 at the Boar's Head in Charlottesville is now complete. A variety of topics including new products in title insurance, ethics, land use issues and caveat emptor are slated for the program. Chicago Title has agreed to sponsor a cocktail reception on Friday evening. Our next Board meeting will follow the Saturday session of the seminar. This promises to be a fun weekend and a good opportunity for continuing education.

Doug Dewing provided an update on the activities of the Trust and Estates Sections' proposed revisions to Virginia Code 64.1. The legislators have suggested to Tom Michie that he and members of his committee discuss the impact of their proposal with various Virginia commissioners of accounts. As a result of these conversations, legislation to revise Virginia Code 64.1 was not introduced in this session of the General Assembly. Since the legislation has effectively been "tabled," the funds allocated by the Section, for research on the impact of this legislation on real estate transfers in Virginia, are also being held in reserve.

Larry Schonberger announced that Steve Gregory has informed him that due to a conflict of interest, he will not be able to provide proposed language to present to the General Assembly which would refine the definition within the MLA Statute of residential construction. This matter has been tabled.

Doug Dewing reported that the legislature has pending before it changes to the "notice" provisions of the mechanic's lien agent section of the Code.

On behalf of the Bankruptcy Subcommittee, Steve Wood and the group offered several ideas as possible topics for the Annual Seminar. Some of the suggestions included: "The Treatment of Leases in Bankruptcy," "Chapter 13 Cases: What can a debtor do with his real estate?" and "The Soldiers and Sailor's Relief Act." Kathleen Michener agreed to present these ideas to Steve Romine along with a possible speaker, Alex Laughlin, to cover any of these topics.

Pia Trigiani reported on behalf of the Current developments and Legislation Subcommittee. There are a number of bills pending. The legislature has sought feedback from the legal community on certain of this legislation and that is very important since the number of "lawyer/legislators" has declined. Some bills of note include: Senate Bill 526, which requires the performance of a title search before a title commitment or policy is issued. Senate Bill 527, which clarifies that a lender can hand deliver a certificate of satisfaction to the clerk's office and thereby meet the 90 day recordation requirement. Senate Bill 528, dealing with Certificates of Satisfaction. Senate Bill 67 dealing with the power of a settlement agent to execute a release. House Bill 440 amending CRESPA to modify the definition of "settlement agent." Senate Bill 512, dealing with business trusts. Larry Schonberger asked Pia to include our membership on notices she may send to the VBA membership regarding pending legislation. Pia agreed to do so and asked anyone with comments on the legislation to contact her or other members of the VBA. She also stressed the ease with which one may access the legislation on-line.

Jean Mumm presented a report on behalf of the Environmental Committee. On December 21 Congress passed HR 2869, which became law January 11. Jean suggested this may be a good possible topic for a future "Fee Simple" article. Jean also announced that there have recent changes to the Clean Water Act which will facilitate obtaining permits to dredge and fill wetlands. These changes are controversial. Jean generally updated the group on the Environmental Covenants Project (a remediation plan/covenant regime). She has submitted, and Mr. Schonberger has accepted her resignation as subcommittee chair. Effective immediately, the Environmental Subcommittee will be combined with the Land Use Subcommittee and will be chaired by Steve Blaine.

On behalf of the Ethics Subcommittee, Susan Pesner reported that members of the Section should consider joining committees at the State Bar level. With many future issues facing the State Bar, such as multidisciplinary practice, involvement by our membership is very important. Susan inquired if any members have had difficulties with any State Corporation Commission audits? No difficulties were reported. She also offered that the Bar has asked every section to stress the importance of having a succession plan to small and solo practitioners. This could also be a good "Fee Simple" article.

Rick Richmond reported that the First Day in Practice session was well attended.

Rick Chess reported that he is reactivating the Housing Subcommittee. The subcommittee has two other members and others are encouraged to join.

On behalf of the Information and Technology Subcommittee, Doug Dewing reported that there is currently legislation pending requiring continuing education for notaries.

Steve Blaine reported that the Land Use Subcommittee has been active in assisting Virginia CLE in revamping the land use seminar which will be held next month.

Paula Caplinger reported on behalf of Randy Howard for the Membership Subcommittee. The Real Estate Section is still a strong second so far as active and associate members, but third overall due to the number of judicial members in the Criminal Section. The group discussed the possibility of extending section membership, at no cost, to members of the judiciary. The consensus, however, was that due to current budgetary constraints, the benefits of increasing our membership numbers would not outweigh the cost.

Lynda Butler provided a list on behalf of the Newsletter Subcommittee of the articles she currently has slated for the May 2002 "Fee Simple." The deadline for submissions is April 19, 2002. Lynda asked the group for additional suggestions for articles. Possible topics offered were: "Defeasance Provisions in Commercial Loan Documents"-Ray King, "Limitations on Abilities of Convicted Felons to Sell Real Property"-Steve Gregory, "Automatic Subordinations," "Privacy/Disclosures Issues"-Rick Chess, "Enhanced Title Policies/Leasehold Endorsements"-Jeanne LaBelle, "Reverse 1031 Exchanges"-Louis Rogers, "Business Trusts"-Mike Pace and a checklist or form to show the availability of different owner's title insurance products and the differences in owners policies. The list of subcommittee membership has become quite dated. Larry Schonberger agreed to review the subcommittee lists and provide Lynda with an updated list for the "Fee Simple."

No reports were offered by the Small Firm and Sole Practitioner Subcommittee and the Title Insurance Subcommittee.

On behalf of the VBA Forms Subcommittee, Rick Richmond reported the VBA Real Estate Section announced this morning the goals of reviewing all current real estate forms and keeping them updated and developing "mini-forms" with annotations. The Virginia Real Estate Transactions Manual (two volumes with a CD of forms) is now available. Rick Richmond, Court Traver and Neil Kessler would like to thank all those who participated in this project. Neil Kessler suggested a "Fee Simple" article for the future might address "search standards in Virginia." An updated "form engagement letter" might also be a good "Fee Simple" topic.

On behalf of Bar Counsel, Ray King reported that recent complaints he has addressed should cause real estate lawyers to examine their record retention policies for closed files. There is no statute of limitations on disciplinary complaints. He recently reviewed two complaints involving cases that were over 15 years old. It may be necessary to keep closed real estate files in perpetuity.

No report was offered on behalf of the Old Dominion Bar Association.

There was no old business discussed.

There was no new business discussed.

The meeting adjourned by motion duly made, and seconded at 2:20 p.m.

Respectfully Submitted,

Paula S. Caplinger Secretary

AGENDA
WINTER MEETING OF THE BOARD OF GOVERNORS
OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
January 18, 2002
Marshall Wythe School of Law, Room 120
College of William and Mary
Williamsburg, Virginia

I. Call to order and welcome

II. Approval of minutes from the September 15, 2001 meeting

III. Financial Report & Approval of Proposed Budget for 2002-2003

IV. CLE Seminars & Workshop Report

Steve Romine & Lee Hickok - Annual Seminar & Summer Workshop
Larry McElwain & Lee Hickok - Advanced Seminar

V. Reports on estates and trusts legislation Doug Dewing & Jim Cox

VI. Subcommittee Reports

A. Bankruptcy: Stephen B. Wood
B. Current Developments and Legislation: Lucia Anna Trigiani
C. Environmental: Jean D. Mumm
D. Ethics: Susan M. Pesner
E. First Day in Practice: Edward R. Waugaman
F. Housing: Richard B. Chess
G. Information and Technology: Douglass W. Dewing
H. Land Use: Steven W. Blaine
I. Membership: Randy C. Howard
J. Newsletter - the Fee Simple: 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.

VII. Liaison Reports

Bar Counsel - Ray W. King
Old Dominion Bar Association - Manus E. Holms

VIII. Old Business

IX. New Business

X. Adjourn

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The spring meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Saturday, April 13, 2002, at 12:30 at the Boar's Head Inn in Charlottesville, Virginia.

The following persons were in attendance: Paula S. Caplinger, Randy C. Howard, Larry McElwain, David Helscher, Kathleen Michener, Dan Goodwin, Christina Meier, Rick Chess, Lee Hickok, Eric Zimmerman, Steve Wood, Christian Chiles, Steve Blaine, Steve Romine, Howard Gordon, Michael Barney, Rick Richmond, Page Williams, Susan Pesner, Grice McMullan and Lawrence Schonberger. Lawrence Schonberger, Chair, conducted the meeting. Paula Caplinger, Secretary, kept the minutes.

Following lunch, Mr. Schonberger called the meeting to order. (See official Agenda attached.)

Mr. Schonberger presented the minutes of the January 18, 2002 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 18, 2002 meeting. Those not in attendance at the January meeting abstained.

Mr. Schonberger gave the financial report. He reported a balance of $16,090.62. The money which the Section had previously authorized for research on the proposed trusts and estates legislation has not been expended since the legislation has been tabled. Upon motion duly made and seconded, the Section unanimously voted that the funds which had been previously allocated for this research project be used to satisfy other Section expenses and further, that any surplus Section funds at fiscal year-end, after the satisfaction of all other Section expenses, be paid to Virginia CLE.

Next, Steve Romine offered his report on the 20th Annual Real Estate Practice Seminar and the summer workshop. The Annual Seminar is set for May 9, 10, 16 and 17. The seminar has been approved for 6.5 hours of continuing education credit and the topics will include: update on new legislation and case law, ethics, title insurance and 1031 tax-deferred exchanges. The summer workshop will be held June 14 as part of the annual meeting. The workshop is entitled: "Hot Topics Potpourri" and will include three one-half hour segments on wetlands, changes in the Virginia Property Owner's Act and the UCC. A discussion followed regarding possible future seminar topics and the desire to avoid duplication of topics between the different seminars sponsored by the Section.

The Chair and Section members expressed appreciation to Larry McElwain for his efforts in organizing the successful 6th Annual Advanced Real Estate Seminar. Larry has agreed to coordinate this program again in 2003. Mr. Schonberger indicated that information on the proposed trust and estates legislation has been included in the meeting packets. Members are requested to review this information at their leisure and provide Doug Dewing with any comments.

Mr. Schonberger explained that it is the responsibility of all subcommittee chairs to turn in a subcommittee report for each Fee Simple. The deadline for the next issue is April 19, 2002. The Section needs articles for the Fee Simple.

Susan Pesner suggested contacting those attorneys whose cases are showcased in Virginia Lawyers Weekly and requesting that the successful litigant's attorney write an article on the case topic for the next Fee Simple. Mr. Schonberger volunteered to assume the responsibility for contacting these possible contributors. Rick Richmond suggested that perhaps more structure is needed with the subcommittees to assure that we have more submissions for the Fee Simple. He suggested we make subcommittees responsible for preparing specific articles or editions of the Fee Simple. The subcommittee would be given significant advance notice of their responsibilities. Mr. Schonberger agreed to compose a schedule of subcommittee assignments to propose at the June meeting. The schedule would include a listing of all subcommittees and would indicate which subcommittee will be responsible for articles in which upcoming edition of the Fee Simple. Mr. Schonberger also agreed to contact Pia Trigiani about doing an article on current developments in case law or legislation for each edition of the Fee Simple.

It may also shortly be the responsibility of the Section to submit materials for the Virginia State Bar magazine. Typically four substantive articles are required and the Virginia State Bar gives the Section one-year advance notice. Mr. Schonberger is to check with the State Bar and see when it will next be our Section's turn.

Next, on behalf of the bankruptcy subcommittee, Steve Wood volunteered to prepare a bankruptcy topic for the 2003 Annual Real Estate Practice Seminar. The bankruptcy subcommittee presented a topic as part of the 2001 seminar and the presentation was well received.

The Current Developments and Legislation subcommittee offered no report.

Steve Blaine reported on behalf of the Environmental/Land Use subcommittee that the recent Virginia CLE program on land use was a success.

Susan Pesner reported on behalf of the Ethics subcommittee that no new "strictly ethics matters" have been brought before the subcommittee. Susan has had calls regarding the "mark-up" of service provider fees (such as survey costs, title exams, courier or overnight fees) charged by closers. A group discussion followed centering upon whether this is an ethical dilemma and as such an appropriate topic for this subcommittee. Susan suggested that perhaps the mission of the subcommittee could be refocused to include a broader scope of issues, rather than just "pure" ethics complaints. Topics such as fee markups, enhanced title policy products or negotiating title insurance premiums might be appropriate subjects for a refocused subcommittee. Between now and June, this subcommittee will meet and Susan will have a recommendation at the June meeting regarding the future role and focus of the ethics subcommittee.

Rick Richmond reported on behalf of the First Day in Practice subcommittee that the Section did not sign up any new members at the session. Historically we have always acquired new members at this session. The Section requested that Mr. Schonberger contact Ed Waugaman, the chair of this subcommittee and determine his future intentions with regard to the activities of the subcommittee.

Rick Chess reported on behalf of the Housing subcommittee that the subcommittee is interested in participating in conjunction with the Leases subcommittee in the Annual Real Estate Practice Seminar in 2003. The subcommittee is also interested in preparing an article for the November issue of the Fee Simple. The proposed topic would be public/private partnerships in Housing.

The Information and Technology subcommittee offered no report.

On behalf of Jay Steele, Rick Chess offered the Leases subcommittee report. Rick has a possible Fee Simple article for the next issue entitled "Casualty Loss in Times of Terror." The subcommittee is also considering a future article on leasing for the May 2003 issue and is willing to assist with a panel discussion on leasing issues in conjunction with the Housing subcommittee for the Annual Real Estate Practice Seminar in 2003.

The Membership subcommittee materials indicated that our Section is second in terms of active/associate members and third in terms of overall members, behind the criminal and litigation sections. A discussion followed concerning how we may best increase our membership. We must actively solicit the members of our Section for their ideas on seminar and newsletter topics. The activities of the Section must be relevant for all members. We should all strive to recruit new Section members and remember we are ambassadors of the Section. It was suggested that we obtain a Section membership list from the Virginia State Bar and ask that the list be sorted by zip code to help us determine who already belongs to the Section and who might be recruited for membership. We must stress that we provide valuable benefits to Section members, whether they are involved in the practice of residential or commercial real estate.

An active campaign needs to be undertaken to increase our membership. Larry Schonberger will request that Randy Howard, as chair of the membership subcommittee, coordinate this campaign. Upon motion duly made and seconded, the Section decided to take the following steps to increase membership:

(1) spend the necessary funds to print extra copies of the upcoming Fee Simple. The "extra" Fee Simples are to be available prior to the June meeting. The Fee Simple provides tangible evidence of one of the benefits of Section membership.
(2) Each area representative is to be furnished with a list of Section members in their area and then provide a list of prospective Section members in their area to Randy Howard.
(3) Randy Howard will coordinate with the area representative for the mailing of a membership application and a copy of the Fee Simple to the prospective member.
(4) Each area representative is to recruit two new Section members by the fall 2002 meeting. They should coordinate with Randy to determine who has joined based on their submissions. The chair will check with the Virginia State Bar to see if we still offer free memberships to new lawyers.

Larry Schonberger reported on behalf of the Newsletter subcommittee that materials are included in the meeting packets regarding possible articles for the newsletter. Other suggestions from the group for articles included: (1) contact Frank Brown of the Senior Lawyers Conference and see if they would like to include something in the Fee Simple, (2) contact Jeanne LaBelle and see if she would submit an article on the new leasehold title policy endorsements and (3) contact all subcommittee chairs for their reports.

The Small Firm and Sole Practitioner subcommittee offered no report.

The Title Insurance subcommittee offered no report.

The VBA Forms subcommittee offered no report.

There were no Liaison reports from the Old Dominion Bar Association or Bar Counsel.

There was no old business discussed.

Under new business, Larry Schonberger announced that he has formed a nominating committee for the purpose of nominating new Board members and officers for 2002-2003. The committee consists of John David Epperly, Susan Pesner and Chip Land. Paula Caplinger is to verify the terms of all current Board members and report this information to Mr. Schonberger.

Mr. Schonberger also announced that the Section dinner at Steinhilber's is being planned for June 14.

Nomination forms for the Gardener G. DeMallie, Jr. CLE Award were included in the meeting material packets.

The meeting adjourned by motion duly made, and seconded at 2:30 p.m.

Respectfully Submitted,

Paula S. Caplinger Secretary

AGENDA
SPRING MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
April 13, 2002
Boar's Head Inn
Charlottesville, Virginia

I. Call to order and welcome

II. Approval of minutes from the January 18, 2002 meeting

III. Financial Report

IV. CLE Seminar & Workshop Report

Steve Romine & Lee Hickok - Annual Seminar & Summer Workshop

V. Information on estates and trusts legislation

VI. Subcommittee Reports

A. Bankruptcy: Stephen B. Wood
B. Current Developments and Legislation: Lucia Anna Trigiani
C. Environmental/Land Use: Steven W. Blame
D. Ethics: Susan M. Pesner
E. First Day in Practice: Edward R. Waugaman
F. Housing: Richard B. Chess
G. Information and Technology: Douglass W. Dewing
H. Leases: Jay Steele
I. Membership: Randy C. Howard
J. Newsletter - the Fee Simple: 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.

VIII. Liaison Reports

Bar Counsel - Ray W. King
Old Dominion Bar Association - Manus E. Holmes

IX. Old Business

X. New Business

- Nominations for Board of Directors
- Steinhilber's dinner
- Gardener G. DeMallie, Jr. CLE Award

IX. Adjourn

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The summer meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Friday, June 14, 2002, at 12:15 at the Holiday Inn- Sunspree, Skytop Room in Virginia Beach, Virginia.

The following persons were in attendance: Paula S. Caplinger, Wayne Glass, Jean Mumm, Gary G. Peterson, Steve Blaine, Eric Zimmerman, Randy Howard, Michael Barney, Court Traver, Page Williams, Lisa Murphy, Harry Purkey, Walter A. Wilson III, Douglass Dewing, Lawrence A. Daughtrey, Steve Gregory, Grice McMullan, Larry McElwain, John David Epperly, Robert Barclay, Susan Pesner and Lawrence Schonberger. Lawrence Schonberger, Chair, conducted the meeting. Paula Caplinger, Secretary, kept the minutes.

Mr. Schonberger called the meeting to order. (See official Agenda attached.) He thanked the workshop participants for the successful presentation, which had immediately preceded the Board meeting.

Mr. Schonberger presented the minutes of the April 13, 2002 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 April 13, 2002 meeting. Those not in attendance at the April meeting abstained.

Mr. Schonberger gave the financial report. Additional expenses are expected prior to the end of the fiscal year, so the balance shown in the report will be reduced by those expenses. Two of those expenses will be printing and mailing costs of the Fee Simple and the reimbursement of William and Mary for the services of Felicia Burton in connection with the publication of the Fee Simple.

Mr. Schonberger offered the Housing subcommittee report for Rick Chess. The subcommittee is looking for new members. They recently published an article in the Fee Simple on public/private partnerships in housing and the subcommittee is willing to participate in the 2003 Annual Real Estate Seminar.

Mr. Schonberger offered the Leasing subcommittee report for Jay Steele. The subcommittee now has four members and is actively soliciting additional members.

Randy Howard offered the Membership subcommittee report. The Real Estate Section is now third in total overall membership, eclipsed only by the criminal and litigation sections of the Bar.

No other subcommittee reports were offered. No Liaison reports from Bar Counsel or the Old Dominion Bar Association were offered.

Mr. Schonberger, on behalf of the nominating committee, offered the nominating committee report. The following nominations for officers and directors for 2002-2003 and area representatives were presented:

Officers:

Steve R. Romine-Chair
Paula S. Caplinger-Vice Chair
Larry J. McElwain-Secretary

Directors:

Steve R. Romine (to fill the remaining year of the term of Lawrence Schonberger)
Paula S. Caplinger (2nd Term)
Larry R. McElwain (2nd Term)
Christina E. Meier (2nd Term)
Stephen B. Wood (2nd Term)
C. Grice McMullen, Jr. (1st Term)
Eric V. Zimmerman (1st Term)

Area Representatives:

John David Epperly (Northern Virginia)
James P. Downey (Northern Virginia)
Lisa Murphy (Tidewater)

Mr. Schonberger opened the floor for additional nominations. Court Traver nominated Mark Williamson (Tidewater) and Dorethea Dickerman (Northern Virginia) as additional area representatives. There were no additional nominations. Upon motion duly made and seconded, all parties were unanimously elected. At which point, Mr. Schonberger turned the meeting over to Mr. Romine.

Mr. Romine congratulated Mr. Schonberger on his successful efforts on behalf of the Real Property Section this past year. On behalf of the Section, he thanked him for his diligent work and presented him with a plaque and gift. Mr. Romine looks forward to chairing the Section this year. He wants to grow the Section's membership and see more individual involvement. He would encourage Section members to contribute articles for the Fee Simple or assist in other real estate related endeavors for the good of the Section.

Court Traver reported he will be teaching a course at Marshall-Wythe School of Law in the Spring and may solicit Section members as guest lecturers. Mr. Romine circulated the 2002-2003 meeting schedule (the September meeting date is not yet established). The Section's annual dinner will be at Steinhilber's tonight with cocktails at 6:30 and dinner at 7:30.

There being no new business, upon motion duly made, and seconded the meeting was adjourned.

Respectfully Submitted,

Paula S. Caplinger Secretary

AGENDA
SUMMER MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR

June 14, 2002
Holiday Inn, Sunspree
Virginia Beach, Virginia

I. Call to order and welcome

II. Approval of minutes from the April 13, 2002 meeting

III. Financial Report

IV. Subcommittee Reports

A. Bankruptcy: Stephen B. Wood
B. Current Developments and Legislation: Lucia Anna Trigiani
C. Environmental/Land Use: Steven W. Blaine
D. Ethics: Susan M. Pesner
E. First Day in Practice: Edward R. Wauganun
F. Housing: Richard B. Chess
G. Lnfonnation and Technology: Douglass W. Dewing
H. Leases: Jay Steele -
I. Membership: Randy C. Howard
J. Newsletter - the Fee Simple: Lynda L. Butler
K. Small Firm and Sole Practitioner: Mien C. Tanner
L. Title Insurance: Edward R. Waugaman
M. VBA Forms: Joseph W. Richmond, Jr.

V. Liaison Reports

Bar Counsel - Ray W. King
Old Dominion Bar Association - Manus E. Hoims

VI. Election of Officers, Directors and Area Representatives

VII. Old Business - Steinbilber's dinner

VIII. New Business

IX. Adjourn

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