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 - September 28, 2002

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 28, 2002, in room WB105 of the University of Virginia Law School in Charlottesville, Virginia.

The following persons were in attendance: Stephen R. Romine, Richard S. Mendelson, Joseph W. Richmond, Jr., Joseph M. Cochran, Larry J. McElwain, Lawrence A. Daughtrey, Paul A. Bellegarde, Stephen B. Wood, C. Grice McMullan, Jr., Jean D. Mumm, Ray W. King, Christina E. Meier, and David C. Helscher. Larry J. McElwain, Secretary of the organization kept the minutes.

Mr. Romine called the meeting to order at 1:15 p.m. (See official Agenda below.)

Mr. Richmond noted the relatively small number in attendance and suggested that future meetings be held on Friday afternoons to promote turnout and provide an opportunity after the meetings for the members to get to know one another better. Toward that end it was suggested that name tags be provided and used. The Secretary was requested to review the Minutes for the organization's current attendance policy and that it be published in the Fee Simple. The discussion was taken under advisement by the Chairman.

Mr. Romine presented the minutes of the June 14, 2002, meeting of the organization, and upon motion duly made and seconded, the minutes were unanimously approved as written by those who attended the June 14, 2002, meeting. Those not in attendance at the June 14, 2002, meeting abstained.

Mr. Romine gave the financial report. He noted that the proposed budget for the current fiscal year was $28,800.00. The current account balance is slightly in excess of $26,000.00, with the sources of income being approximately 80% from members dues and approximately 20% from seminars. The amount of the annual dues came under discussion and it was noted that approximately 60% of the other Bar Sections were charging $20.00, while the Real Property Section=s annual dues are at $15.00. In light of the cost of production of the Fee Simple, as well as for other recurring expenses, it was thought that the dues should be increased. Upon motion duly made and seconded it was unanimously resolved that the annual dues be raised from $15.00 per year to $20.00 per year.

The next item of business was the Chairman's report which was delivered by Mr. Romine. The report evolved into a discussion regarding the enhancement of the organization. It was suggested that there be established an annual joint meeting with the real property section of the Virginia Bar Association and that the Chair of each Section become an ad hoc member of the other organization in order to better facilitate joint planning and enhance influence in the legislative process. It was further suggested that this organization look at the Trust and Estates Section, the most successful Section of the State Bar, as an example. It was noted that the Trust and Estate Section had successfully accomplished such interaction with its Bar Association counterpart, and further that it had an active academic representative. The ensuing discussion took note of the different focus of the two real property sections, ours being on education while the VBA=s is on legislation. Continuing the theme of how to enhance our organization the discussion shifted to the newsletter, which all agreed is the most significant product of this Section and should serve as a recruiting tool. Nonetheless it was noted that there was a need for more technical articles, and that there had been a dearth of submissions from members of large firms. It was also noted that large firms are not encouraging participation in State Bar activities and therefore recruiting will need to be done on a one-to-one basis. Upon motion duly made, seconded and unanimously adopted it was resolved that the Chair invite members of the VBA to join this Section at its winter meeting in Williamsburg, and further the officers of the Board of Governors were encouraged to meet with their VBA counterparts prior to the Williamsburg meeting in an attempt to obtain a commitment for the two groups to work together for their joint benefit. It was further moved, seconded and unanimously passed that one officer of the VBA be invited to become an ad hoc member of this organization in order to establish an official liaison. It was suggested that this organization also look into establishing a regular dialog with VAREAL.

Discussion followed that subcommittee reports of this organization be published in the Fee Simple. The Chair stated that he would send a letter to each subcommittee chair stipulating that the chair shall submit one substantive report per year to be published in the Fee Simple. A discussion ensued regarding use of Section funds to pay for conference calls between the members of each subcommittee to better facilitate participation. It was opined that this would help the subcommittee's focus. No motion was made on this matter. This concluded the Chairman's report.

The next item of business was the appointment of new Area Representatives. Prior thereto a discussion was had regarding the scrutiny of nominated parties. It was noted that the current procedure did not involve due diligence of any magnitude. Christina Meier volunteered to draft a proposal for procedures pertaining to the nomination and election of new Area Representatives. Thereafter, upon motion duly made, seconded and unanimously adopted Elliott M. Schlosser, Neil I. Title, James P. Downey and Cooper C. Youell were appointed as Area Representatives.

The Chairman next reported on the 21st annual practice seminar, after which Larry McElwain reported on the 7th annual advanced real estate seminar which is scheduled for April 4 and 5, 2003, at the Virginia Crossings Conference Resort north of Richmond. The Chair followed with a report regarding the annual summer CLE.

Subcommittee reports followed. Of note, Edward Waugaman initiated a discussion regarding funding for the materials distributed by the First Day in Practice subcommittee. It was noted that the Section has the third highest number of members of any Section of the State Bar, and that this was due in part to the success of the First Day subcommittee. Upon motion duly made, seconded and unanimously passed the First Day in Practice subcommittee was authorized to submit its expenses for material procurement for reimbursement from Section funds.

Among other matters noted in the subcommittee reports were that the fall deadline for Fee Simple articles was October 22; and that Bar Council had adopted rules that provided for open (to the public) disciplinary hearings.

Upon motion duly made, seconded and unanimously passed the meeting was adjourned at 3:15 p.m.

Respectfully Submitted,

Larry J. McElwain, Secretary



September 28, 2002
University of Virginia Law School, Room WB105
Charlottesville, Virginia

1. Call to order and welcome
2. Approval of minutes from the June 14, 2002 meeting
3. Financial Report
4. Area Representatives - Appointments/Resignations Appointment - Elliott M. Schlosser, Neil I. Title, James P. Downey
5. CLE Seminars & Workshop - Steve Romine/Larry McElwain (See attached Caplinger Memo)
6. Subcommittee Reports

1. Bankruptcy: Stephen B. Wood
2. Current Developments and Legislation: Lucia Anna Trigiani
3. Environmental and Land Use: Steven W. Blaine
4. Ethics: Susan M. Pesner
5. First Day in Practice: Edward R. Waugaman
6. Housing: Richard B. Chess
7. Information & Technology: Douglass W. Dewing
8. Leases: John W. Steele
9. Membership: Randy C. Howard
10. Newsletter - the Fee Simple: Lynda L. Butler
11. Small Firm and Sole Practitioner: Allen C. Tanner
12. Title Insurance: Edward R. Waugaman
13. VBA Forms: Joseph W. Richmond, Jr.

7. Liaison Reports

Bar Counsel - Ray W. King
Old Dominion Bar Association - Manus E. Holmes

8. Old Business
9. New Business
10. Adjourn