Virginia State Bar

An agency of the Supreme Court of Virginia

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Real Property

A Section of the Virginia State Bar.

Meeting Minutes - February 24, 2006

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

Williamsburg, Virginia

The Spring Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, with Area Representatives in attendance and participating at the meeting, was held at the Kingsmill Resort & Conference Center, in Williamsburg, Virginia, on Friday, February 24, 2006, commencing at 10:25 a.m.

The following persons (based on execution of the roll sheet or otherwise known to be present) were in attendance: Douglass Dewing, Grice McMullan, Jean Mumm, Ray King, Randy Howard, Paula Caplinger, Lawrence Daughtrey, Cynthia Nahorney, Mark Williamson, Rick Chess, Paul Bellegarde, Larry McElwain, Courtland Traver, Nancy Kern, Manus Holmes, Bill Nusbaum and Pete Runkle.

Doug Dewing called the meeting to order at 10:25 a.m, made welcoming remarks and asked all attendees to sign the attendance sheet.

The minutes of the winter meeting held at the William & Mary School of Law on January 20, 2006, were unanimously approved at the meeting.

No financial report was given.

New area representatives were then discussed. Doug Dewing will follow up with Christina Meier and ask her to invite all three (3) people she recommended in her email attached to the agenda to become area representatives. Larry Daughtrey also advised he had someone in mind. Discussion was had about encouraging participation from the Western part of the state.

The legal writing contest was then discussed. Larry Schonberger, Lynda Butler and Court Traver were proposed as judges. Doug Dewing will ask Lynda if she has time to serve as a judge.

Nancy Kern provided an update on Seminars. The Advanced Seminar will begin at 1:00 a.m. Nancy outlined additional speakers needed for the Annual Seminar in May. Nancy also reminded everyone that there was a condominium and condominium conversation seminar planned for June 7 in Fairfax. Jean Mumm gave an update on the summer seminar, which is a joint presentation with the Local Government section and Environmental section. Jean Mumm made a motion to expend up to $500 to defray costs of the seminar (i.e. any lodging/food for out of town speakers). After much discussion, the motion was seconded by Ray King and approved subject to the 2 other sections also contributing an equal amount.

Much discussion was again had about not being able to receive CLE credits for attending the CLE in conjunction with the annual State Bar meeting if you do not sign up and pay for attending the entire meeting. Ray King volunteered to speak with Karen Gould and Howard Martin about the issue. Court Traver suggested that there be a carve out fee for CLE attendance only.

The 2006-2007 budget was then discussed. The dues increase goes into effect with this budget. Doug Dewing discussed the budget included in the agenda package. The State Bar's financial people will review the budget.

The Section's summer meeting will be on June 16, 2006, after the seminar, beginning at 1:00 p.m.

Under Old Business, Doug Dewing forgot to bring the list of Officers and Board members for updating. The Mission Statement was deferred until the June meeting, or perhaps next year.

Under New Business, Randy Howard had no report on recruiting. Doug Dewing reported that the VBA is willing to host some sort of chat room to disseminate recent cases of interest. Doug will look into software for this. Chuck Lollar has asked that an Eminent Domain subcommittee be created. Those interested were encouraged to contact Chuck and then approach the group about amending the Charter to include this subcommittee. Doug Dewing reviewed information he received from Pia Trigiani on legislative updates.

There were no committee reports.

Ray King presented the Bar Counsel liaison report. Ray reported that Barbara Williams is leaving the Bar Counsel position and the Bar is looking for a replacement. Interested candidates should contact Tom Edmonds at the Bar. In addition, trust accounts are being scrutinized and in light of the increase in trust account defalcations, expect revisions to CRESPA's bond requirements.

Doug Dewing is to follow up with Judge Delk about being our judicial liaison.

There being no further business, upon motion duly made, seconded, and unanimously passed, the meeting was adjourned at 11:05 a.m.

Respectfully Submitted,

Jean D. Mumm





February 24, 2006
10:00 a.m. - 11:00 a.m.
In connection with the Advanced Annual Real Estate Seminar

1. Welcome/Introductions - Dewing

2. Approval of minutes from January meeting - Mumm

3. Financial Report - Dewing - none

4. 2005-2006 Budget - Dewing

5. New Area Representatives - Dewing
?? (Daughtrey)

6. Legal Writing Contest
LSchonberger distributed to all the law schools, rules are on the website,
Nominations for distinguished panel of judges?

7. Seminars - Kern

A. Advanced Real Estate Seminar (Kingsmill, Williamsburg, VA) (Feb. 24/25, 2006)
B. Annual Real Estate Practice Seminar(Fairfax, Norfolk, Roanoke and Richmond) (May 2006)
C. Annual Meeting CLE (June 2006)
Jean Mumm and Howard Gordon are working with the Environmental and Local Government Attorneys sections to produce a program on building neighborhoods

8. Meeting dates for balance of year
Summer - June 16, 2006

9. Old Business

A. Updated and revised list of Officers and Board members - Dewing
Nominations for Subcommittee chairs -
Bankruptcy/Creditor Rights - Technology - Residential - Judicial Liaison
B. Mission Statement subcommittee, report on planned draft Section mission statement, goals, investigate the needs of our members and how we can best respond to those needs and plan Section retreat - Zimmerman

10. New Business

A. Recruiting - Dewing/Howard - Board Members and Area Reps to identify members of the section in their area - recruit members onto board; recruit non-members into Section - one on one, as opportunity arises in day to day practice
B. Ad hoc committee to disseminate recent cases of interest - e-mail; chat room; discussion board - clearinghouse - VBA is agreeable to hosting - need to line up software
C. Creation of Eminent Domain subcommittee?

11. Subcommittee Reports (Please include the status of Fee Simple articles)

Possible realignment of members within committees . . . Steve Wood is all alone in Creditor's Rights . . . any other committee so big people are getting lost, or so small they are getting buried?

A. Membership*-Howard, Cochran and McElwain (see also 9A above)
B. Programs*-Dewing
C. Technology*-Dewing
D. Fee Simple*-Butler and Traver -Deadlines for Spring submissions. - Ideas for articles.
Prior article ideas floating around: prepayment penalties; installment sales; time of the essence; 1031; other ideas - new Bankruptcy Act - opinion letter -- Simmons v. On Faith LLC (Staunton Cir Ct) VLW 005-8-262 (If someone knows either Christopher J. Smith or Paul M. Black (they were the named attys in this case), whichever was the prevailing party of course - should be encouraged to write an article for the Fee Simple on this case - per Susan Pesner) (Patrick Pettit interested in doing a Landlord Tenant topic)
E. Commercial** Williamson and ____________
F. Creditors' Rights and Bankruptcy**-Wood
G. Ethics**-Davis
H. Land Use and Environmental**-Blaine Romine
I. Title Insurance**-Gregory and Waugaman - increase liaison with VLTA ?
J. Residential*-Meier Goshorn and Zimmerman

(*= Responsible for a substantive article for the Fall Fee Simple)
(**= Responsible for a substantive article for the Spring Fee Simple)

11. Liaison Reports

A. Bar Counsel - King
B. Old Dominion Bar Association - Holmes
C. Judicial - Rousch (Dewing to contact Judge Delk, Suffolk?)

12. Adjourn

Nomination Committee to meet after Board meeting