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2007-2008 Board of Governor's Meeting Minutes
Williamsburg, February 22, 2008
Williamsburg, January 18, 2008
Charlottesville, September 28, 2007
MINUTES
OF THE MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
Virginia CLE Office
Charlottesville, Virginia
September 28, 2007
The fall meeting of the Board of Governors of the Real Property Section of the Virginia
State Bar, and Section Area Representatives, with section members and other attendees, was held
at the Virginia CLE Building in Charlottesville, Virginia on Friday, September 28,2007,
commencing at 10:00 a.m.
Present: Jean D. Mumm, Chair;
Randy C. Howard, Vice Chair;
Joseph M. Cochran, Secretary/Treasurer;
Paul A. Bellegarde, Board Member;
Eric V. Zimmerman, Board Member;
Paul Melnick, Area Representative;
Larry J. McElwain, Area Representative;
Joseph W. Richmond, Jr., Area Representative;
Susan H. Siegfried, Area Representative;
Susan M. Pesner, Area Representative;
Kenneth L. Dickinson, Area Representative;
Nancy Kern, Virginia, Ex-Officio Board Member/CLE Liaison
I. Welcome/Introductions. Chair Jean Mumm called the meeting to order at 10:00 a.m.,
offered welcoming remarks, requested that all individuals sign the roll sheet as it circulated
around the room, and had each person introduce himself/himself to the group.
II. Approval of Minutes from June 15, 2007 Meeting. The minutes for the June 15, 2007,
summer meeting of the section were presented. Rick Richmond moved that they be approved
and his motion was seconded by Ken Dickinson and the minutes were approved without changes.
III. Financial Reports. Chair Jean Mumm reported the following:
$50,290 collected by the section
$41,560 2008 section budget
The section has spent $5,526.90 to date, which accounts for postage for sending out the Fee Simple and for reimbursement for time for Felicia Burton's work at William and Mary on the Fee Simple. A discussion ensued concerning the projected budget surplus. It was the consensus of the group to use some of the excess funds for a luncheon for section members attending the Advanced Real Estate Seminar at Kingsmill in Williamsburg on February 22. Nancy Kern will arrange for the luncheon.
IV. New Area Representatives.
There were no nominations for new area representatives put forth by the group. A
discussion ensued about how to better involve the area representatives in the work of the section.
It was determined that the Membership Committee would take on this task and report back to the
Board with suggestions and a plan to bolster the involvement of the area representatives
throughout the state. Larry McElwain and Joe Cochran as the members of the Membership
Committee agreed to work on this matter in the coming months.
V. Seminars.
A. Advanced Real Estate Seminar February 22 - 23 at Kingsmill in Williamsburg
Nancy Kern outlined the topics to be presented at the seminar. They consisted of the following:1. Creative development schemes, condominiums, etc.
2. Ethics presented by ALPS
3. Survey issues as a breakout session
4. Challenging tax assessments
5. Joint ventures
6. Top 10 construction loan issues from a lender's perspectiveB. Annual Real Estate Practice Seminar May 2007
Nancy reported that no date had been set yet for the seminar and that she was beginning to work on topics. Jean reminded the group that the Vice Chair is in charge of arranging for the seminar.
C. Annual Meeting CLE Seminar June 20, 2008
Jean reminded the group that the Secretary/Treasurer is responsible for arranging for the annual meeting seminar. Discussion ensued about the topic, and it was determined that Joe Cochran as Secretary/Treasurer would contact the Virginia State Bar Trusts and Estates Section Chair, Victoria Roberson, to explore the possibility of the Trusts and Estates Section and the Real Estate Section sponsoring a joint presentation.
VI. Future Meeting Dates.
A. The Winter Meeting of the section will take place on January 18, 2008, at William and Mary in conjunction with the Virginia Bar Association Annual Meeting. It was determined that a boxed lunch would be provided at 12:00 to section members with the meeting beginning at 1:00 thereafter. It was also determined that two topics would be the focus of the meeting: legislative review with Ed Waugaman as the Virginia Bar Association Real Estate Section Chair, and the Fee Simple and issues surrounding its publication and dissemination among the members.
B. The Spring Meeting of the section will be on February 22,2008, at Kingsmill in conjunction with the Advanced Real Estate Practice Seminar. The exact time will be determined, but will probably be around 10:00 a.m.
C. The Summer Meeting of the section will occur immediately following the CLE presentation in the Holiday Inn Sunspree on June 20, 2008.
VII. Unfinished Business.
A. List of Officers and Board Members. Jean Mumm provided a list of the current officers, board members and area representatives, and asked the group to make any changes to the data on the list.
B. Legal Writing Contest 2007 - 2008. Larry Schonberger has contacted the law schools in the state to find out if there is any interest in a legal writing contest focusing on real estate issues. He had no responses from his inquiries. Jean reported that at her meeting of the section chairs of the Virginia State Bar the Intellectual Property Section Chair mentioned that they have had a successful legal writing contest with law schools in the state. They offered a $4,000 prize to the winner, and the winner's article will be published in the Virginia Lawyer magazine. Jean will contact the Chair of the Intellectual Property Section to get more details on their program and will also report her findings to Larry Schonberger and Christina Meyer and then report back to the Board at the winter meeting.
C. Ad Hoc Committee to Review Legislation. Chair Jean Mumm reminded the group that for several years we have talked about established a committee or some kind of mechanism to review legislation during the General Assembly sessions so that the Section can provide feedback to the legislation on technical aspects of proposed legislation. Discussion ensued about various aspects of reviewing legislation. All were reminded that the Virginia State Bar Real Estate section cannot lobby the General Assembly, but it can certainly provide input to legislators concerning technical aspects of legislation that address real estate matters. It was suggested that we meet with the Virginia Bar Association Real Estate Section to coordinate efforts concerning legislative initiatives. Jean indicated she would contact Ed Waugaman, the Virginia Bar Association Real Estate Section Chair to discuss how the two sections could work together on legislative matters. It was also agreed that she would ask to have a joint meeting of the two sections in January when the Virginia Bar Association meets in Williamsburg and the section holds it winter meeting. Jean will invite Ed to our winter meeting to focus on legislative issues.
D. Advisory Committee of Past Chairs. It was agreed that the three immediate past chairs of the section would serve on an advisory committee, and all past chairs would be invited to serve on the committee as well. Jean will take the necessary steps to establish the committee.
VIII. New Business.
A. The 35th Virginia State Bar Mid-Year Legal Seminar will be conducted in the coming year and the State Bar has asked if the Real Estate Section would like to present a topic at the gathering. Larry McElwain and Susan Pesner offered to prepare a presentation for the section for the seminar.
B. Method of Receipt of Fee Simple. Jean reported that the printing cost in the budget for the Fee Simple is $20,000. Discussion ensued about whether or not we should stop printing that publication and provide it to members by e-mail, or provide the Fee Simple on the website allowing members access. A number of opinions and ideas were discussed, and it was the decision of the group to make the Fee Simple a focus of discussion at the winter meeting.
C. Proposed Amendment to CRESPA Surety Bond. Jean reported that she had strong reaction to the e-mail she recently sent concerning the CRESPA surety bond amendment proposal being considered by Bar Council. Susan Pesner reported on the topic and strongly urged all members of the Section to support the initiative to increase the bond limit.D. Subcommittee Reports.
1. Jean reported that the Real Estate Section currently shows 2,058 members, with 2,026 as active members. The Litigation Section of the Bar shows 2,907 members, with 2,722 active members. The Criminal Section shows 2,125 members, with 1,829 active members.
2. The Chair dispensed with other subcommittee reports.
E. Boxed lunches arrived at approximately 12:20 and during lunch the group
discussed articles for the November Fee Simple. The meeting was adjourned at 1:10 p.m.
Respectfully submitted,
Joseph M. Cochran, Secretary
AGENDA
AUTUMN MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF
THE VIRGINIA STATE BAR
10:00 am to 12:00 Noon
Friday, September 28, 2007
The Virginia CLE Building
105 Whitewood Road
Charlottesville, VA
I. Welcome/Introductions – (Mumm)
II. Approval of Minutes from June 15, 2007 meeting (Mumm)
III. Financial Report (Mumm)
IV. New Area Representatives – Any Nominations?
V. Seminars (Kern)
A. Advanced Real Estate Seminar
February 22/23 in Williamsburg
B. Annual Real Estate Practice Seminar May, 2007
C. Annual Meeting CLE Seminar June 20, 2008
VII. Future Meeting Dates
A. Winter Meeting January 18, 2008 (Williamsburg – weekend of VBA Meeting)
B. Spring Meeting February 22, 2008 (Williamsburg –morning of Advanced Real Estate Seminar)
C. Summer Meeting June 20, 2008 (Holiday Inn SunSpree)
VIII. Unfinished Business
A. Updated and revised list of Officers and Board Members (Mumm)
B. Legal Writing Contest 2007-2008 (Schonberger/Mumm)
C. Ad Hoc Committee to Review Legislation (Mumm)
D. Advisory Committee of Past Chairs (Mumm)
IX. New Business
A. 35th VSB Mid Year Legal Seminar (Mumm)
B. Method of Receipt of Fee Simple (Mumm)
C. Proposed Amendment to CRESPA Surety Bond (Pesner)
D. Subcommittee Reports1. Membership (Cochran/Howard/McElwain)
2. Programs (Mumm)
3. Technology (Dewing)
4. Fee Simple – next deadline for submitting articles October 20
5. Commercial (Nusbaum)
6. Creditors’ Rights and Bankruptcy (Hart)
7. Ethics (Pesner)
8. Land Use and Environment (Romine)
9. Residential (Goshorn/Zimmerman)
10. Title Insurance (Caplinger)
11. Bar Counsel Liaison (Mumm/King)
NOTICE:
Immediately following the Section meeting there will be a Planning Meeting for the 12th Annual Advanced Real Estate Seminar and the Annual Real Estate Practice Seminar. This will be a working lunch meeting.
MINUTES
OF THE WINTER MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
Minutes of the
Winter Meeting of the Board of Governors of the
Real Property Section of the Virginia State Bar
Friday, January 18, 2008
College of William & Mary School of Law
Williamsburg, Virginia
The winter meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, and Section Area Representatives, with section members and other attendees, was held at the College of William & Mary School of Law in Williamsburg, Virginia on Friday, January 18, 2008, commencing at 1:00 p.m.
Present at the meeting were:
Board of Governors:
Jean D. Mumm, Chair
Joseph M. Cochran, Secretary
Paul A. Bellegrade
Kenneth L. Dickinson
William L. Nusbaum
Eric V. Zimmerman
Lynda L. Butler, Ex Officio, Academic Liaison
Nancy Kern, Ex Officio, Virginia CLE Liaison
* C. Grice McMullan, Jr., Ex Officio, Immediate Past Chair
Edward R. Waugaman, Ex Officio, VBA Real Estate Council Chair
Area Representatives:
Central Region Tidewater Region
Richard B. “Rick” Chess Kathryn Byler
Craig C. Erdmann *Paula S. Caplinger
Barbara Wright Goshorn * Douglass W. Dewing
* Larry J. McElwain * Howard E. Gordon
* Joseph W. Richmond, Jr. Lisa M. Murphy
Albert W. Thweatt, II Cynthia A. Nahorney
Harry R. Purkey, Jr.
Northern Region Amanda A. Smith
* Susan M. Pesner Philip R. Trapani, Jr.
Lucia Anna Trigiani *Courtland L. Traver
Susan S. Walker
Southside Region
Western Region
David C. Helscher
* Denotes past section chairs
I. Welcome/Introductions. Chair Jean Mumm called the meeting to order at 1:00 p.m., offered welcoming remarks, requested that all individuals in attendance sign the roll sheet as it circulated around the room, and had each person introduce themselves to the group. She also stated that the focus of the meeting would be on two areas of discussion, current legislation proposed before the General Assembly and matters involving the Fee Simple.
II. Approval of Minutes from September 28, 2007 Meeting. The minutes for the September 28, 2007 fall meeting of the section were presented. Susan Pesner moved that they be approved and her motion was seconded by Grice McMullan and the minutes were approved.
III. Financial Report. Jean Mumm reported that to date, the income of the section is $51,665. The budget calls for expenditures totalling $41,560. To date the sum of $6,132 has been spent. She then recognized Doug Dewing who made a motion that the section approve the allocation and payment of $3,500 to the National Legal Research Group for their case update for the May CLE. His motion was seconded by Susan Pesner. During discussion, Ed Waugaman noted that the Real Property section should get due credit for paying for that research at the CLE and in the written materials. Hearing no further discussion, the motion was approved.
IV. Future Meeting Dates.
A. Spring Meeting. Jean Mumm announced that the Spring Meeting of the section will take place at 10:30 a.m. on February 22, 2008 at Kingsmill in Williamsburg.
B. Summer Meeting. Jean Mumm announced that the Summer Meeting of the section will take place at 12:30 p.m. on June 20, 2008 at the Holiday Inn SunSpree in Virginia Beach.
V. Susan Pesner made a motion that was seconded by Eric Zimmerman that Jordan M. Samuel be approved as an area representative from Northern Virginia. The motion was approved.
VI. Seminars.
A. Advanced Real Estate Seminar. Nancy Kern reminded the group that the Advanced Real Estate Seminar would take place at Kingsmill in Williamsburg on February 22 and 23. She reviewed the topics that will be presented.
B. Annual Real Estate Practice Seminar. Nancy Kern reminded the group that the Annual Real Estate Practice Seminar will be held in May at various locations around the state. She reviewed with the group the topics to be presented.
C. Annual Meeting CLE Seminar. Joe Cochran reminded the group that the Annual Meeting CLE Seminar would be on June 20, 2008 from 11:00 a.m. to 12:30 p.m. at the Holiday Inn SunSpree in Virginia Beach. He announced the topic and the panelists that will be presenting.
VII. Discussion of Proposed Real Estate Related Legislation. Jean Mumm introduced Ed Waugaman who is an Ex Officio member of the section’s Board of Governors as the Virginia Bar Association Real Estate Council Chair. He presented several bills that will be considered by the General Assembly during this session which include the following:
1. A clerk’s bill that would, among other things, increase recording fees.
2. A bill that will protect clerks from liability for errors in cover sheets.
3. CRESPA bond increase bill that seeks to increase the current bond requirement of $100,000 to $200,000.
4. A notary statute amendment which seeks to make technical corrections to the statute that resulted from the 2007 amendment to the statute.
5. Repeal of the Virginia Code Section 55-37, the Doctrine of Necessity.
6. A notice of cemeteries on property, HB 540, which would require notice in a deed of conveyance that a cemetery exists on the property being conveyed.
7. Evidence of legal presence, HB 156, which requires a settlement agent to verify the legal presence of a person who is buying or selling property in the United States.
8. Property Owner’s Association Act amendments, HB 1076, which seeks to make several changes to the property owner’s association act and is proposed by the Virginia Association of Realtors.
In connection with the clerk’s bill, there was a lengthy discussion about the merits of the bill which led the group to discuss, again, whether or not the Virginia State Bar Real Property Section can comment on pending legislation and whether or not the section can by formal vote indicate its opinion concerning pending legislation. Jean Mumm reminded the group that because the Virginia State Bar is an arm of the Supreme Court, the Virginia State Bar nor any of its committees or law sections can lobby the General Assembly on legislative matters. She indicated that the Virginia Bar Association is the lobby group in the state and if any formal position is to be taken on any of the legislation that is pending, that it needs to be done through the Virginia Bar Association. She reminded the group that Ed’s report was for informational purposes and general discussion purposes but not intended to elicit endorsements on the legislation being proposed. Ed gave the group his email address which is edw@southerntitle.com and encouraged everyone to review the legislation that he highlighted as well as other bills and provide comments to him and he’d be glad to pass them on as appropriate in his capacity as Virginia Bar Association Real Estate Council Chair.
VIII. Fee Simple.
A. Method of Dissemination. Jean Mumm introduced Lynda Butler and told the group that Lynda and Doug Dewing had worked in the past couple of months to research the various ways the Fee Simple could be distributed to the section membership by electronic methods. Jean reported that the November 2006 issue of the Fee Simple cost $1,468 to mail, and that the November 2007 issue printing cost was $7,000 and that each time the section produces the Fee Simple, the section incurs a cost of $2,000 to reimburse Felicia Burton’s time with the William & Mary Law School. Lynda reported that the Virginia State Bar is beginning to consider a different printing company for this publication which could cost approximately $1,000 more.
Lynda reported that they considered two ways to provide the Fee Simple electronically. First, to post it on the section’s website and second, to send the document by PDF to members. A discussion ensued in which a number of questions were raised about providing the document in electronic form. Larry McElwain suggested that the section provide an option to members and if they choose to receive the Fee Simple in electronic form they would be charged more. Rick Richmond said he thought that it could be difficult to download the document from a computer in that it’s such a good product that it is worth printing and putting in paper form and sending to the members. It’s a very tangible benefit to membership of the section and the print form should be kept. He indicated that at some point in the future he imagines it would go to purely an electronic dissemination but for now it seemed to him that we should continue to print paper copies and send them to the membership. Others in the group indicated that they were concerned that an electronic copy will be sent but not as well read as a paper copy will be. Still others said they saw no reason not to try to send the document electronically. Lynda and Doug could not report on the extra cost that would be incurred or savings that could be realized by sending the Fee Simple in electronic form. Jean asked Doug and Lynda to research the matter further and determine cost estimates, logistics benefits and burdens, etc. so that the section could make a more informed decision at a future meeting. Rick Richmond suggested that we survey the membership in the next Fee Simple.
B. Committee Reports. Lynda Butler indicated that she believed that the current committee reports that appear in the Fee Simple do not serve the readership well. She encouraged committees to submit reports along the lines of the technology report that Doug Dewing submits on a regular basis.
C. Articles for May Issue. Jean Mumm announced that articles are due April 21, 2008. She and Lynda encouraged the group to be on the lookout for Circuit Court opinions as they are very helpful to the readership because they are opinions that are not widely disseminated.
D. Forms. Jean Mumm indicated that the deed forms and other forms that have been published by the section in the Fee Simple need to be updated. She encouraged the section to form a joint task force with the Virginia Bar Association to update the forms. She asked that Joe Cochran and Barbara Goshorn head up that committee and Larry McElwain volunteered to serve on the committee.
Court Traver indicated that the section owes a great debt of gratitude to Lynda Butler and Felicia Burton for all of their hard work that goes into producing the Fee Simple. He indicated that every issue requires quite a bit of work on their part and they do a superb job and they should be commended. The group recognized them with a hearty round of applause.
IX. New York Ethics Opinion Regarding “Growth Stop” Sales Contracts. Jean Mumm asked the group to table discussion on this matter given the lateness of the hour. There was no objection.
X. Other Matters. Paula Caplinger indicated that the American Land Title Association has issued new forms as of January 7, 2008. They are not currently being used in Virginia but will be used soon and we should be on the lookout for them.
Paula also announced that HB 413 concerning a continuing education requirement for title insurers prior to licensure was being considered. She urged the group to read the bill and to comment to their legislators.
It was announced that the Virginia Bar Association is always looking for more members. The current Virginia Bar Association Real Estate Section membership is 500. Folks are encouraged to join the VBA membership if they are not already members.
Paula Caplinger made a motion to adjourn which was seconded by Grice McMullan and the meeting was adjourned at 3:10 p.m.
Please see attachments which are a copy of the agenda and a copy of Ed Waugaman’s listing of real estate related legislative matters being considered by the General Assembly.
Respectfully Submitted,
Joseph M. Cochran, Secretary
AGENDA
WINTER MEETING OF THE BOARD OF GOVERNORS AND AREA REPRESENTATIVES OF
THE REAL PROPERTY SECTION OF
THE VIRGINIA STATE BAR
1:00 Pm to approximately 3:00 pm
Friday, January 18, 2008
WILLIAM AND MARY SCHOOL OF LAW
WILLIAMSBURG, VIRGINIA
R00M 127
AGENDA
WINTER MEETING OF THE BOARD OF GOVERNORS OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
1:00 p.m.
Friday, January 18, 2008
William & Mary School of Law
Room 127
I. Welcome/Introductions – (Mumm)
II. Approval of Minutes from September 28, 2007 meeting (Mumm)
III. Financial Report (Mumm)
IV. Future Meeting Dates (Mumm)
A. Spring Meeting February 22, 2008 – 10:00 a.m. (Kingsmill – morning of Advanced Real Estate Seminar)
B. Summer Meeting June 20, 2008 – 12:30 p.m. (Holiday Inn SunSpree)
V. New Area Representatives
A. Jordan M. Samuel (Pesner)
VI. Seminars (Kern/Cochran)
A. Advanced Real Estate Seminar February 22/23 in Williamsburg
B. Annual Real Estate Practice Seminar May, 2008
C. Annual Meeting CLE Seminar June 20, 2008 – 11:00 a.m. – 12:30 p.m. (Holiday Inn SunSpree)
VII. Discussion of Proposed Real Estate Related Legislation (Waugaman)
VIII. Fee Simple (Mumm/Butler/Dewing)
A. Method of Dissemination
B. Committee Reports
C. Articles for May Issue
D. Forms
IX. Discussion of New York Ethics Opinion regarding “Grossed Up” Sales Contracts (Helscher)
MINUTES
OF THE MEETING OF THE BOARD OF GOVERNORS
OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
February 22, 2008
KINGSMILL RESORT
WILLIAMSBURG, VIRGINIA
The minutes for the Spring Meeting of the Board of Governors will appear here when approved.
.
AGENDA
SPRING MEETING OF THE BOARD OF GOVERNORS AND AREA REPRESENTATIVES OF
THE REAL PROPERTY SECTION OF
THE VIRGINIA STATE BAR
10:15 am to 11:30 pm
Friday, February 22, 2008
KINGSMILL RESORT & CONFERENCE CENTER
WILLIAMSBURG, VIRGINIA
I. Welcome/Introductions – (Mumm)
II. Practice Tip – (Title Insurance Subcommittee)
III. Approval of Minutes from January 18, 2008 meeting (Mumm)
IV. Financial Report (Mumm)
A. Approval of Section Budget for 2008-2009
V. Future Meeting Dates (Mumm)
A. Summer Meeting June 20, 2008 – 12:30 p.m. (Holiday Inn SunSpree)
VI. Seminars (Kern/Cochran)
A. Annual Real Estate Practice Seminar May, 2008
B. Annual Meeting CLE Seminar June 20, 2008 – 11:00 a.m. – 12:30 p.m. (Holiday Inn SunSpree)
VII. New Business
A. Proposal for Addition of Eminent Domain Subcommittee (Chuck Lollar)
B. Subcommittee Reports1. Membership (Cochran/Howard/ McElwain)
2. Programs (Mumm)
3. Technology (Dewing)
4. Fee Simple (Butler/Traver) Articles are due April 21, 2008
5. Commercial (Nusbaum)
6. Creditor’s Rights and Bankruptcy (Hart)
7. Ethics (Pesner)
8. Land Use and Environmental (Romine)
9. Residential (Goshorn/Zimmerman)
10. Title Insurance (Caplinger)
11. Bar Counsel Liason (King)
C. Discussion of Subcommittees (Mumm)
VIII. Old Business
A. Discussion of New York Ethics Opinion regarding “Grossed Up” Sales Contracts - (Helscher)
MINUTES OF THE MEETING OF THE BOARD OF
GOVERNORS
OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR
Virginia Beach
June 20, 2008
The minutes of the Summer Meeting of the Board of Governors will appear here when approved.
AGENDA
SUMMER MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF
THE VIRGINIA STATE BAR
12:30 p.m.- 1:30 p.m.
June 15, 2007
Holiday Inn Sunspree
Virginia Beach, Virginia
The agenda will appear here when distributed.
