Virginia State Bar

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Real Property

A Section of the Virginia State Bar.

Meeting Minutes - September 16, 2005

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, with Area Representatives in attendance and participating at the meeting, was held at the Virginia CLE Office in Charlottesville, Virginia, on Friday, September 16, 2005, commencing at 10:05 a.m.

The following persons (based on execution of the roll sheet or otherwise known to be present) were in attendance: Douglass Dewing, Grice McMullen, Jean Mumm, Ray King, Rick Chess, Jim McCauley, Larry McElwain, Joe Cochran, Cooper Youell, Randy Howard, Paul Melnick, Barbara Goshorn, Paul Bellegarde, Rick Richmond, Lawrence Schonberger, Pam Sellers, Nancy Kern and Howard Gordon.

Doug Dewing called the meeting to order at 10:05 a.m, made welcoming remarks and had all attendees introduce themselves.

The minutes of the summer meeting held at the Holiday Inn Sunspree in Virginia Beach on June 17, 2005, were unanimously approved at the meeting, subject to correction of the spelling of names and the omission of Eric Zimmerman's name from the slate of those being nominated to serve on the Board for a 2nd term, his original term having expired in 2005.

A discussion of the Section's finances then took place. Doug Dewing announced that the Section finished 2005 with a surplus, but printing costs of $2000 for the Fee Simple would not be received until July, and the cost of the Steinheilber's dinner, will appear on next year's budget. It was determined that the writing contest was financially feasible. There is some investigation being done to determine if the Bar's approval is needed for the writing contest. Doug Dewing is to look into when the dues increase approved at the June meeting is to go into effect.

Discussion was had about recruiting new area representatives and utilizing the membership roster for this purpose. Randy Howard was to do some work to sort the list by geographical location to make it easier to use for recruiting purposes.

Nancy Kern provided an update on Seminars. The Advanced seminar will be limited to 90 participants, be held at Kings Mill on February 24-25 and once again have "break-out" sessions. Nancy was looking for ideas on commercial real estate topics and speakers. The Annual seminar will be in the beginning of May, but no specific date has been set.

Discussion was had about the seminar at the Bar's Annual Meeting. The Local Government Attorney's section has asked the Section to co-sponsor, possibly with another section, a seminar on the topic of traditional neighborhoods, and attempt to have the seminar be the Showcase Presentation. Howard Gordon has volunteered to be a panelist. Discussion was had about joining forces with the Bankruptcy Section instead. It was determined that we would tell the Local Government Attorney's section that we were interested in co-sponsoring a program on traditional neighborhoods.

We next moved into the matters of Old Business. The Section's meeting schedule for 2006 was announced: the winter meeting will be on January 20, 2006 in Williamsburg in conjunction with the Virginia Bar Associations' meeting, the spring meeting will be February 24, 2006 prior to the Advance Real Estate Seminar in Williamsburg, and the summer meeting will be on June 16 in conjunction with the State Bar's Annual Meeting in Virginia Beach.

The Section's Mission Statement was briefly discussed and tabled for further discussion at the Section's winter meeting in January.

Discussion was had about appointing a liaison to the Virginia Bar Association for the purposes of having the opportunity to review and comment on pending legislation. The general feeling of those in attendance was to let the VBA take the lead, and provide the Section with notice of pending legislation in enough time to allow for comment. Grice McMullan was to follow up with David Helscher and Pia Trigiani on this matter.

Next the Section discussed having a liaison with the Clerk's Association. Grice McMullen took the lead on this discussion.

The meeting then moved on to New Business. Those in attendance had no new business to discuss. Discussion was had on the agenda item of appointing a liaison/ad hoc subcommittee to work with VBA/VLTA to develop title examination standards. Doug Dewing was to ask VLTA if there was any interest on its part in the Section getting involved with setting standards for title insurance examiners.

Doug Dewing was to discuss with the Bar the issue of disseminating cases of interest.

The meeting then moved on to Subcommittee Reports:

-Programs: Larry McElwain agreed to Chair the Advanced Real Estate Seminar again and is working with Nancy Kern on the program content and securing speakers. Grice McMullen, as the Section's Vice-Chair, is to oversee the Annual Real Estate Seminar. Jean Mumm, as the Section's Secretary-Treasurer, is to oversee the seminar held prior to the summer meeting.

-Technology: Doug Dewing will continue to Chair this Subcommittee. His report was contained in the package of materials disseminated at the meeting and discussed. Jim McCauley agreed to join the Subcommittee.

-Membership: Randy Howard advised that the Section is again #3 overall. Discussion was had about the concern that the group's leadership is "aging" and the need to recruit new participants - possibly at the Advanced Real Estate seminar, through brown bag lunch meetings, and at the First Day of Practice. Discussion was also had about the need to determine a "job description" for Area Representatives.

-Fee Simple: The next due date for articles is mid/late October. Article topics were discussed.

-Commercial: Need to check with Mark Williamson if he is still interested in chairing this Subcommittee.

-Creditor's Rights: no report.

-Ethics: No report. Jim McCauley to join the Subcommittee.

-Land Use and Environmental: Nancy Kern reported there is a seminar in October and November. Looking for a chairman for the Subcommittee.

-Title Insurance - no report.

-Residential - no report.

Liaison reports were then given:

-Bar Counsel: Ray King reported that the Multi-Jurisdictional Practice Rules are coming. In addition, several trust account defalcations have occurred, so we may see an increase in trust account audits.

-Old Dominion Bar Association: no report.

Larry McElwain offered his home for cocktails after the meeting, but no one was staying in the area.

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

Respectfully Submitted,

Jean D. Mumm



10:00 a.m.-12:00
September 16, 2005
The Virginia CLE Building
Charlottesville, Virginia

1. Welcome/Introductions - Dewing

2. Presentation (10:05 a.m. -10:20 a.m.): Environmental Subcommittee comments on Proposed Uniform Environmental Covenants Act (tentative - Blaine)

3. Approval of minutes from June 20, 2005 meeting - Dewing

4. Financial Report - Dewing

5. 2005-2006 Budget - Dewing

6. New Area Representatives - Dewing


7. Seminars - Kern

A. Advanced Real Estate Seminar (Kingsmill, Williamsburg, VA) (Spring 2006)
B. Annual Real Estate Practice Seminar(Fairfax, Norfolk, Roanoke and Richmond) (May 2006)
C. Annual Meeting CLE (June 2006)
Request to co-sponsor speaker with Local Government

8. Old Business

A. Updated and revised list of Officers and Board members - Dewing

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

C. Converting interest in establishing an ad hoc subcommittee to work with VBA to monitor new legislation, comment on proposed bills, into process and people - preferably before the General Assembly session begins? Volunteers? Start with UECA? - McMullan?
Other topics mentioned to me recently include: felon's incompetence - 8.01-2; update notary savings statutes from '95, perhaps by setting a 3-5 year period in which to object, rather than updating every four or five years; clarify intent of 17.1-223 and 55-106.2 . . . what did legislature mean by validly recorded? . . . is that sufficient to quit updating notary savings statutes and the like . . . other ideas?

D. Liaison with Clerk's Association - necessity, topics of common interest - McMullan

9. New Business

A. Recruiting - Dewing/Howard - 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. Interest in establishing an ad hoc subcommittee to work with VBA/VLTA to develop title examination standards? Volunteers? (this was new business last year - dead news?) I believe the VLTA is working on standards for abstractors and this might be an area where bar input is needed . . . Gregory? Waugaman?

10. 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 (see also 9A above)

B. Programs*-See Item 7 above

C. Technology*-Dewing

D. Fee Simple*-Butler and Traver -Deadlines for Fall submissions. - Ideas for articles.
Prior article ideas floating around: prepayment penalties; installment sales; time of the essence; 1031; other ideas - new Bankruptcy Act

E. Commercial**-McMullan and Williamson

F. Creditors' Rights and Bankruptcy**-Wood

G. Ethics**-Davis

H. Land Use and Environmental**-Blaine

I. Title Insurance**-Gregory and Waugaman

J. Residential*-Meier

(*= 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

12. Adjourn

(If previously scheduled with subcommittee members, optional subcommittee meetings may follow Board meeting.)

David Helscher has scheduled a meeting of the VBA legislative committee for right after our Board meeting to discuss legislative matters. Any members interested in watching sausage get made, or spearheading the liaison efforts should attend.

Nancy Kern will meet with program committee after the Board meeting to discuss CLE programs