Virginia State Bar

An agency of the Supreme Court of Virginia

Adjust Text Size:   A   A

Real Property

A Section of the Virginia State Bar.

Meeting Minutes - September 25, 1999

Minutes of the Virginia State Bar
Real Property Section
Board of Governors

Charlottesville, Virginia

The Fall Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Saturday, September 29, 1999, at 10:00 a.m., in Room WB 105 of the University Virginia Law School in Charlottesville, Virginia.

The following persons were in attendance: Susan Hepner, Lawrence Schonberger, Richard Mendelson, Howard Gordon, Steve Wood, Rick Richmond, Larry McElwain, Dave Schultz, Manus E. Holmes, Lawrence A. Daughtrey, Gary Peterson, Rick Chess, Leslie Argenta, Ed Waugaman, Minerva Andrews, John David Epperly and Susan Pesner. Susan Hepner, President, chaired the meeting. Lawrence Schonberger, Secretary, kept the minutes.

Ms. Hepner called the meeting to order.

Ms. Hepner introduced Mr. Holmes as a candidate to be a new Area Representative, and upon motion duly made by Ms. Hepner and seconded by many it was unanimously approved that Mr. Holmes is appointed as an Area Representative for the Real Property Section of the Virginia State Bar.

Mr. Richmond nominated Mr. Joe Cochran to become an Area Representative, and upon motion duly made by Mr. Richmond and seconded by many it was unanimously approved that Mr. Cochran is appointed as an Area Representative for the Real Property Section of the Virginia State Bar.

Ms. Hepner presented a report and led a discussion on the need for a liaison to the Old Dominion Bar Association. Mr. Holmes volunteered to act as liaison and upon motion duly made by Mr. Schonberger and seconded by many it was unanimously approved that Mr. Holmes is appointed as the Real Property Section’s liaison to the Old Dominion Bar Association.

Ms. Hepner presented a report on the translation into foreign languages and distribution of the Homebuyer’s Manual.

Mr. Schonberger presented a report and led a discussion on pending articles for the November 1999 issue of The Fee Simple. Mr. Peterson and Mr. Waugaman each suggested an article be written on changes to title policy jackets.

Mr. Epperly presented the minutes of the June 18, 1999 meeting of the Real Property Section and upon motion duly made by Mr. Peterson and seconded by many the minutes were unanimously approved by those who attended the June 18, 1999 meeting. Those not in attendance at the June 18, 1999 meeting abstained.

Mr. Epperly presented a report and led a discussion on the Annual Real Estate Practice Seminar and announced that Court Traver will no longer be presenting the annual Virginia Code and case law update. There followed a discussion on possible seminar topics; lectures on foreclosures and changes to title policy forms were proposed.

Mr. Gordon presented a report on the Advanced Real Estate Practice Seminar.

Ms. Hepner presented a report and led a discussion on the Real Property Section’s website and the VSB Technology Task Force.

Ms. Hepner led a discussion on restructuring subcommittees and drafting a general subcommittee purpose policy statement. It was proposed that the policy provide that every area representative serve on at least one subcommittee, that each subcommittee present a few summary paragraphs for each issue of the Fee Simple on current happenings in their area of the law which would be included in a "Current Events/News" section of the publication, that each subcommittee participate in planing a CLE topic for an Annual Real Estate Seminar, and that each subcommittee chairperson present an annual summary report on the activities of the subcommittee. Mr. Schonberger agreed to work on a draft of the policy statement for review and comment from the board members and area representatives.

Ms. Hepner reported that Mr. Ray King will be the section’s liaison to Bar Council.

Mr. Waugaman presented a report on the activities of the First Day Practice Seminar Subcommittee stating that the Real Estate Section continued to receive much attention at the seminar.

Mr. Richmond presented a report and led a discussion on the revised residential real estate contract. There followed a discussion on the necessity of have the contract executed under seal.

Ms. Pesner presented a report on the Ethics subcommittee and proposed that the subcommittee prepare a "self audit" for real estate attorneys.

Mr. Chess presented a report on the Housing subcommittee and proposed that the subcommittee work on two topics for either a CLE seminar or for The Fee Simple; current issues regarding the Landlord Tenant Act and the Condominium Act, and current issues regarding the acquisition of multi-family housing.

Ms. Pesner led a discussion on participating in a joint seminar with the Land Use section of the Virginia State Bar at the June meeting and proposed that "Proffers" be the topic.

Ms. Hepner led a discussion on attendance guidelines and indicated that the Section’s Bylaws provide that if a board member misses two consecutive meetings without a reasonable excuse then that member should be removed from the board. There followed a discussion on whether this policy should apply to Area Representatives and a majority agreed that this policy should be made applicable to Area Representatives.

There being no further business, upon motion duly made and seconded, the meeting was adjourned at 11:45 a.m.

Lawrence Schonberger, Secretary