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 28, 2007

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, and Section Area Representatives, with section members and other attendees, was held at the Virginia CLE Building in Charlottesville, Virginia on Friday, September 28, 2007, commencing at 10:00 a.m.

Present: Jean D. Mumm, Chair; Randy C. Howard, Vice Chair; Joseph M. Cochran, Secretary/Treasurer; Paul A. Bellegarde, Board Member; Eric V. Zimmerman, Board Member; Paul Melnick, Area Representative; Larry J. McElwain, Area Representative; Joseph W. Richmond, Jr., Area Representative; Susan H. Siegfried, Area Representative; Susan M. Pesner, Area Representative; Kenneth L. Dickinson, Area Representative; Nancy Kern, Virginia, Ex-Officio Board Member/CLE Liaison

I. Welcome/Introductions. Chair Jean Mumm called the meeting to order at 10:00 a.m., offered welcoming remarks, requested that all individuals sign the roll sheet as it circulated around the room, and had each person introduce himself/himself to the group.

II. Approval of Minutes from June 15, 2007 Meeting. The minutes for the June 15, 2007, summer meeting of the section were presented. Rick Richmond moved that they be approved and his motion was seconded by Ken Dickinson and the minutes were approved without changes.

III. Financial Reports. Chair Jean Mumm reported the following:

$50,290 collected by the section
$41,560 2008 section budget
The section has spent $5,526.90 to date, which accounts for postage for sending out the Fee Simple and for reimbursement for time for Felicia Burton's work at William and Mary on the Fee Simple. A discussion ensued concerning the projected budget surplus. It was the consensus of the group to use some of the excess funds for a luncheon for section members attending the Advanced Real Estate Seminar at Kingsmill in Williamsburg on February 22. Nancy Kern will arrange for the luncheon.

IV. New Area Representatives.

There were no nominations for new area representatives put forth by the group. A discussion ensued about how to better involve the area representatives in the work of the section. It was determined that the Membership Committee would take on this task and report back to the Board with suggestions and a plan to bolster the involvement of the area representatives throughout the state. Larry McElwain and Joe Cochran as the members of the Membership Committee agreed to work on this matter in the coming months.

V. Seminars.

A. Advanced Real Estate Seminar February 22 - 23 at Kingsmill in Williamsburg

Nancy Kern outlined the topics to be presented at the seminar. They consisted of the following:

1. Creative development schemes, condominiums, etc.
2. Ethics presented by ALPS
3. Survey issues as a breakout session
4. Challenging tax assessments
5. Joint ventures
6. Top 10 construction loan issues from a lender's perspective

B. Annual Real Estate Practice Seminar May 2007

Nancy reported that no date had been set yet for the seminar and that she was beginning to work on topics. Jean reminded the group that the Vice Chair is in charge of arranging for the seminar.

C. Annual Meeting CLE Seminar June 20, 2008

Jean reminded the group that the Secretary/Treasurer is responsible for arranging for the annual meeting seminar. Discussion ensued about the topic, and it was determined that Joe Cochran as Secretary/Treasurer would contact the Virginia State Bar Trusts and Estates Section Chair, Victoria Roberson, to explore the possibility of the Trusts and Estates Section and the Real Estate Section sponsoring a joint presentation.

VI. Future Meeting Dates.

A. The Winter Meeting of the section will take place on January 18, 2008, at William and Mary in conjunction with the Virginia Bar Association Annual Meeting. It was determined that a boxed lunch would be provided at 12:00 to section members with the meeting beginning at 1:00 thereafter. It was also determined that two topics would be the focus of the meeting: legislative review with Ed Waugaman as the Virginia Bar Association Real Estate Section Chair, and the Fee Simple and issues surrounding its publication and dissemination among the members.

B. The Spring Meeting of the section will be on February 22,2008, at Kingsmill in conjunction with the Advanced Real Estate Practice Seminar. The exact time will be determined, but will probably be around 10:00 a.m.

C. The Summer Meeting of the section will occur immediately following the CLE presentation in the Holiday Inn Sunspree on June 20, 2008.

VII. Unfinished Business.

A. List of Officers and Board Members. Jean Mumm provided a list of the current officers, board members and area representatives, and asked the group to make any changes to the data on the list.

B. Legal Writing Contest 2007 - 2008. Larry Schonberger has contacted the law schools in the state to find out if there is any interest in a legal writing contest focusing on real estate issues. He had no responses from his inquiries. Jean reported that at her meeting of the section chairs of the Virginia State Bar the Intellectual Property Section Chair mentioned that they have had a successful legal writing contest with law schools in the state. They offered a $4,000 prize to the winner, and the winner's article will be published in the Virginia Lawyer magazine. Jean will contact the Chair of the Intellectual Property Section to get more details on their program and will also report her findings to Larry Schonberger and Christina Meyer and then report back to the Board at the winter meeting.

C. Ad Hoc Committee to Review Legislation. Chair Jean Mumm reminded the group that for several years we have talked about established a committee or some kind of mechanism to review legislation during the General Assembly sessions so that the Section can provide feedback to the legislation on technical aspects of proposed legislation. Discussion ensued about various aspects of reviewing legislation. All were reminded that the Virginia State Bar Real Estate section cannot lobby the General Assembly, but it can certainly provide input to legislators concerning technical aspects of legislation that address real estate matters. It was suggested that we meet with the Virginia Bar Association Real Estate Section to coordinate efforts concerning legislative initiatives. Jean indicated she would contact Ed Waugaman, the Virginia Bar Association Real Estate Section Chair to discuss how the two sections could work together on legislative matters. It was also agreed that she would ask to have a joint meeting of the two sections in January when the Virginia Bar Association meets in Williamsburg and the section holds it winter meeting. Jean will invite Ed to our winter meeting to focus on legislative issues.

D. Advisory Committee of Past Chairs. It was agreed that the three immediate past chairs of the section would serve on an advisory committee, and all past chairs would be invited to serve on the committee as well. Jean will take the necessary steps to establish the committee.

VIII. New Business.

A. The 35th Virginia State Bar Mid-Year Legal Seminar will be conducted in the coming year and the State Bar has asked if the Real Estate Section would like to present a topic at the gathering. Larry McElwain and Susan Pesner offered to prepare a presentation for the section for the seminar.

B. Method of Receipt of Fee Simple. Jean reported that the printing cost in the budget for the Fee Simple is $20,000. Discussion ensued about whether or not we should stop printing that publication and provide it to members by e-mail, or provide the Fee Simple on the website allowing members access. A number of opinions and ideas were discussed, and it was the decision of the group to make the Fee Simple a focus of discussion at the winter meeting.

C. Proposed Amendment to CRESPA Surety Bond. Jean reported that she had strong reaction to the e-mail she recently sent concerning the CRESPA surety bond amendment proposal being considered by Bar Council. Susan Pesner reported on the topic and strongly urged all members of the Section to support the initiative to increase the bond limit.

D. Subcommittee Reports.

1. Jean reported that the Real Estate Section currently shows 2,058 members, with 2,026 as active members. The Litigation Section of the Bar shows 2,907 members, with 2,722 active members. The Criminal Section shows 2,125 members, with 1,829 active members.

2. The Chair dispensed with other subcommittee reports.

E. Boxed lunches arrived at approximately 12:20 and during lunch the group discussed articles for the November Fee Simple. The meeting was adjourned at 1:10 p.m.

Respectfully submitted,
Joseph M. Cochran, Secretary



10:00 am to 12:00 Noon
Friday, September 28, 2007
The Virginia CLE Building
105 Whitewood Road
Charlottesville, VA

I. Welcome/Introductions – (Mumm)

II. Approval of Minutes from June 15, 2007 meeting (Mumm)

III. Financial Report (Mumm)

IV. New Area Representatives – Any Nominations?

V. Seminars (Kern)

A. Advanced Real Estate Seminar
February 22/23 in Williamsburg
B. Annual Real Estate Practice Seminar May, 2007
C. Annual Meeting CLE Seminar June 20, 2008

VII. Future Meeting Dates

A. Winter Meeting January 18, 2008 (Williamsburg – weekend of VBA Meeting)
B. Spring Meeting February 22, 2008 (Williamsburg –morning of Advanced Real Estate Seminar)
C. Summer Meeting June 20, 2008 (Holiday Inn SunSpree)

VIII. Unfinished Business

A. Updated and revised list of Officers and Board Members (Mumm)
B. Legal Writing Contest 2007-2008 (Schonberger/Mumm)
C. Ad Hoc Committee to Review Legislation (Mumm)
D. Advisory Committee of Past Chairs (Mumm)

IX. New Business

A. 35th VSB Mid Year Legal Seminar (Mumm)
B. Method of Receipt of Fee Simple (Mumm)
C. Proposed Amendment to CRESPA Surety Bond (Pesner)
D. Subcommittee Reports

1. Membership (Cochran/Howard/McElwain)
2. Programs (Mumm)
3. Technology (Dewing)
4. Fee Simple – next deadline for submitting articles October 20
5. Commercial (Nusbaum)
6. Creditors’ Rights and Bankruptcy (Hart)
7. Ethics (Pesner)
8. Land Use and Environment (Romine)
9. Residential (Goshorn/Zimmerman)
10. Title Insurance (Caplinger)
11. Bar Counsel Liaison (Mumm/King)


Immediately following the Section meeting there will be a Planning Meeting for the 12th Annual Advanced Real Estate Seminar and the Annual Real Estate Practice Seminar. This will be a working lunch meeting.