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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, April 27, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will brief counsel to developers and project owners in formulating and drafting key economic, governance, control, and liability provisions in homeowners association (HOA) documents. The discussion will also highlight best practices for preserving owners' property values while ensuring developers a successful project exit and mitigation of subsequent risks.

Faculty

Scott Carpenter
Shareholder, Co-Managing Partner
Carpenter Hazlewood Delgado & Bolen

Mr. Carpenter focuses primarily on general counsel, corporate and transactional matters, complex litigation, business advice, transactions, employment issues, and conflict resolution and avoidance for condominiums, homeowners associations, planned community associations, cooperatives, churches and other nonprofit clients. As the author of Community Association Law in Arizona, published by the State Bar of Arizona, Mr. Carpenter is highly regarded on community association matters. He is a frequent contributor to continuing legal education courses on the topic of mandatory-membership community associations.

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Ronald Garfield
Managing Shareholder
Garfield & Hecht, PC

Mr. Garfield has represented landlords and tenants alike in negotiating retail, office and residential leases. He has authored covenants and declarations for all kinds of developments from duplexes to PUD’s including high-end subdivisions. Mr. Garfield has represented banks and private lenders in their lending activities as well as the restructure of non-performing loans and where needed collection activity including foreclosures and UCC sales. He has represented purchasers and sellers of all manner of real estate including fractional, single family, duplexes, commercial properties, farm and ranch lands and parcels earmarked for development.

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Description

From single-family homes to condominiums and townhouses, project developments by necessity require lengthy and complicated HOA documents. For developers and project owners, these founding agreements are critical for the success and profitability of these projects. Tailored and well-drafted HOA documents govern specific property uses, define the services the HOA will provide, and address how property owners will jointly govern the association.

HOA documents are also rife with points of potential dispute--from fees to management and control issues. Careful planning and drafting of these documents are essential to successfully exiting the project and avoiding later liability.

HOA litigation often results from poorly drafted HOA agreements, insufficient due diligence, or an incomplete negotiation that failed to consider all pre-and post-transition contingencies. Counsel for developers and project owners can drastically reduce the risk of client exposure and costly litigation by taking the time to ensure the initial document is unambiguous and complete.

Listen as our experienced panel of real estate attorneys provides practical guidance on structuring and drafting the essential financial, governance, control, and liability provisions of HOA agreements. The panel will offer insights and strategies for preserving property values while ensuring developers can smoothly exit the project, avoid ongoing liabilities, and maximize project profitability.

Outline

  1. Overview
    1. The life cycle of an HOA
      1. Development
      2. Developer management
      3. Transition to property-owner governance
      4. Obsolescence (de-conversion and sale or redevelopment)
    2. Key issues and considerations
  2. Economic and financial provisions
  3. Governance and control provisions
  4. Restrictions on property owners
  5. Project manager scope of duties
  6. HOA amendments
  7. Best practices in drafting and negotiating
  8. Case studies
  9. Final considerations

Benefits

The panel will review these and other key issues:

  • What are the most effective ways of limiting developer and project owner liability through express provisions in the HOA agreement?
  • How can a well-drafted HOA agreement limit developer and project owner liability at all stages of an HOA's lifecycle: development, developer management, and transition to property-owner governance?
  • What is the difference between a transfer of control and a transition of control?
  • How can an association's governing documents be drafted to preserve developer rights regardless of who has majority control of the association?
  • What are best practices for drafting enforceable HOA documents?
  • What is the importance of developer control and potential conflicts?
  • What are ways to protect developer and project owner impartiality for warranty and construction-related matters?
  • What are the critical economic and financial provisions to include in every HOA agreement, including the amount of HOA dues, management fees, and clauses accounting for how these change over time?
  • What are the essential governance provisions of HOAs to avoid disputes and limit liability?
  • What are best practices for drafting valid restrictions on property owners?
  • How should HOA documents account for the scope of duties of the project manager and allow for amendments to the HOA documents?
  • What are the most common points of ongoing liability for the developer, and how can they be mitigated?
  • How can special committees of HOAs and tolling agreements be used to protect developer interests?
  • What are the most critical reserved rights and powers of the developer to include in any HOA agreement?
  • Why should the special rights of a developer or project owner be included in an appendix to the declaration of covenants, conditions, and restrictions?
  • Reserve studies and sinking funds
  • What steps can the HOA take to protect or enhance value in older projects that are obsolete?