Virginia State Bar

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Real Property

A Section of the Virginia State Bar.

Meeting Minutes - June 15, 2007

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

Virginia Beach, Virginia

The Summer Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, with Area Representatives, section members and other attendees, was held at the Skytop Meeting Room, Holiday Inn Sunspree, Virginia Beach, Virginia, on Friday June 15, 2007, commencing at 12:45 PM following the joint Bankruptcy Law/Real Property Sections CLE program “Fight the Trustee: Strategy and Tactics to Defeat a Bankruptcy Trustee’s Attempt to Take Your Client’s Property”.

The following individuals (based upon execution of the signed roll sheet or otherwise recognized and known to be present) were in attendance: Grice McMullan [Chair], Jean D. Mumm [Vice-Chair] Randy Howard [Secretary/Treasurer], Courtland L. Traver, Barbara Goshorn, Paula S. Caplinger, Bill Nusbaum, Christina Meier, Ken Dickinson, Pia Trigiani, Edward R. Waugaman, Joe Cochran, Rick Richmond, Susan Walker, Doug Dewing, John David Epperly, J. Page Williams, Herman W. Lutz, Steve Blaine, Philip Hart, Steve Gregory, Chuck Lollar, Danielle Krver, Susan Siegfrieg, Michael E. Barney, Paul Melnick, Gary Peterson, and Elliott Schlosser.

Chair Grice McMullan called the meeting to order at 12:30 PM, offered welcoming remarks, requested that all individuals sign the roll sheet as it circulated around the room, and had each person introduce herself/himself to the group.

As the first order of business at the meeting, the minutes of the Spring Meeting held at Kingsmill Resort, Williamsburg, Virginia, on Friday, February 23, 2007, were offered and unanimously approved.

The financial report was offered by the Chair.

(1) As of April 30, 2007, $41,025 [in error, previously reported as being $41,130] had been collected by the RPS for fiscal year 2006 -2007. The budget for the current year was set at $33,520 with a balance remaining as of May 1st being $20,454; but numerous expense items remain to be paid by the June 27th deadline. (2) The Chair also noted that annual RPS dues will increase to $25 beginning with calendar year 2008; and the budget for fiscal year 2007 – 2008 was established at $41,560.

Next on the agenda was a discussion of new Area Representatives. The Chair recognized Jean Mumm who offered Larry Daughtrey and Amanda Smith as Area Representatives for the Northern and Tidewater Regions, respectively. By unanimous vote of those in attendance, both individuals were duly elected.

The annual Legal Writing Contest was then discussed. In Larry Schonberger’s absence, the Chair advised that Larry has approached all Virginia based law schools to encourage student participation. It was determined to await responses from the law schools to see if sufficient interest exists to continue with the contest. This is to be reviewed at the Fall Meeting.

An up-date addressing proposed RPS sponsored seminars for 2008 was deferred in deference to the absence of Nancy Kern, CLE representative. This is an item to be discussed at the Fall Meeting.

Among the unfinished business items, the following items were discussed.

Legislation was noted as a critical issue for RPS by the Chair. The ability to have early notice of proposed legislation to allow response intelligently and on a timely basis remains a point of concern. The Chair and Pia Trigiani led a discussion which contemplates a combined effort of both the VSB RPS and the VBA Real Estate Section to accomplish this.

The Chair restated his goal for all Subcommittees having active interaction throughout the year and not just at RPS business meetings. Paula Caplinger noted that a telephone meeting of the Title Insurance subcommittee had been successfully conducted with arrangements coordinated through Dolly Shaffner at VSB and VSB absorbing the cost associated with the event.

The Chair then announced establishment of an Advisory Committee of Past Chairs to assist the RPS officers. The Committee is to be comprised of the immediate last three Chairs, the current Chair and Vice-Chair. The focus of the Committee will be to evaluate the progress of RPS in the current year and offer input based on the experience of the former Chairs.

The Chair then directed the meeting focus to Subcommittee Reports and reports were duly presented. Of significant note, discussion once again focused on the printing of November 2006 issued of the FEE SIMPLE Volume XXVII, Number 1. Beyond the cost concessions given by the printer, the pre-release review process will more actively involve Lynda Butler, Editor, and Felicia Burton. The Chair also extended thanks to Philip Hart, Creditors Rights and Bankruptcy subcommittee, for his participation in the RPS sponsored CLE program which preceded the business meeting.

Next on the agenda was the election of Directors, members to the Board of Governors, and Officers of the Section.

The Nominating Committee, consisting of Doug Dewing, Jean Mumm & Grice McMullan, nominated Paul Melnick, Barbara Goshorn, Kenneth L. Dickinson and James M. McCauley. The nominees are to replace retiring directors Chris Dillon and Larry Daughtrey, and to fill the currently vacant 9th Director position.

By unanimous vote of those in attendance, all individuals were duly elected as Directors.

The aforesaid Nominating Committee recommended the following as Ex Officio Members of the Board of Governors:

Academic Liaison: Lynda Butler, Vice Dean and Chancellor, Professor of Law of the Marshall-Wythe School of Law, College of William & Mary
Judicial Liaison: The Honorable Rodham T. Delk, Jr., Judge for the 5th Judicial Circuit Court
VBA Real Estate Liaison: Lucia Anna Trigiani, Esq.
(To be) Immediate Past Chair: C. Grice McMullan, Jr., Esq.
VSB Liaison: Elizabeth L. Keller, Assistant Executive Director of the VSB
VA CLE Liaison: Nancy Kern, Esq.
By unanimous vote of those in attendance, all individuals were duly elected as Ex Officio Members of the Board of Governors.

The aforesaid Nominating Committee recommended the following as Officers of the RPS for 2007-2008:

Chair: Jean D. Mumm, Esq.

Vice-Chair: Randy C. Howard, Esq.

Secretary/Treasurer: Joseph M. Cochran, Esq.

By unanimous vote of those in attendance, all individuals were duly elected as the Officers of the RPS.

The departing Chair, Mr. McMullan, then relinquished the floor to the in-coming Chair, Ms. Mumm; and extended his personal congratulations to the newly elected officers.

The new Chair recognized the significant contributions and leadership given by Mr. McMullan during his term. As a token of appreciation, a plaque and a gavel were presented to Mr. McMullan on behalf of the RPS.

The new Chair also gave recognition to the departing Directors, Larry Daughtrey and Chris Dillon, advising that plaques recognizing their contributions to the RPS would be delivered.

The new Chair also noted the Fall Meeting would be held on Friday, September 28, 2007, at 10:00 AM at the CLE Office in Charlottesville, Virginia.

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

Respectfully submitted,
Randy C. Howard