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Twenty-two states and the District of Columbia have adopted legislation that affords community associations priority lien rights for delinquent assessment collection, but the federal government and big banks have attacked these priorities. This session examines the latest court cases and most pressing priority lien rights issues community associations will face from federal agencies, mortgage bankers and their allies. Leave this session knowing what’s happening now and how to navigate what lies ahead.
Special Note: This program is a recorded education session from the 2016 CAI Law Seminar.
Duration: 90 minutes
Program Description
Twenty-two states and the District of Columbia have adopted legislation that affords community associations priority lien rights for delinquent assessment collection, but the federal government and big banks have attacked these priorities. This session examines the latest court cases and most pressing priority lien rights issues community associations will face from federal agencies, mortgage bankers and their allies. Leave this session knowing what’s happening now and how to navigate what lies ahead.
Speakers:
Robert Diamond, Esq, of Reed Smith LLP concentrates on real property law, with special emphasis on the planning and development of condominiums, mixed-use projects and planned unit developments, preparing community association documents for developers and builders. His practice includes risk management for developers/builders, ensuring compliance with secondary mortgage market requirements (FNMA, FHLMC, VA, FHA, VHDA), negotiation of warranty and construction defect claims, and general representation of community associations. More recently, Robert has worked on a number of commercial, hotel and continuing care retirement condominiums as well as litigating association-related issues in state and federal court. His clients include condominium and homeowners associations; developers of new and conversion residential, office and mixed-use condominium and PUD projects; lenders providing construction and permanent financing and assessment-based loans for condominiums and planned communities; and management companies and insurance companies working with community associations.
Stephen M. Marcus, Esq., of Marcus, Errico, Emmer & Brooks, P.C., is a partner in the firm's condominium, homeowners' association and real estate development groups, representing community associations, developers and lenders. He also works extensively with clients involved in the development of both market-rate and affordable housing. A popular lecturer for CAI and CAI-New England, and a frequent contributor to industry publications, Marcus is often consulted by experts from other industries and quoted in general interest publications.
Marvin J. Nodiff, Esq., is a senior attorney with Nodiff & Billy in St. Louis and has represented hundreds of community associations in Missouri for more than 30 years. He is a fellow in CAI’s College of Community Association Lawyers and served six years on CAI’s Board of Trustees. In addition, he has served on the faculty for the Community Association Law Seminar, authored several articles for legal publications andCommon Ground and taught community association law for seven years as an adjunct professor at the Saint Louis University School of Law. Nodiff has published three novels featuring community living, including The Dark Condos, which spotlights drones in community associations.
Continuing Education Credit
This program provides 1.5 credits toward:
- Certified Manager of Community Associations recertification
- Association Management Specialist redesignation
- Professional Community Association Manager redesignation
To earn credit, you must be personally registered for this program and print the certificate of completion to document your participation.
Manager Certifications and
Designations
Certified Manager of Community Associations
(CMCA®) /Association Management Specialist
(AMS®) /Professional Community Association Manager
(PCAM®) /Large-Scale Manager
(LMS®)
Management Company Designation
Accredited Association Management Company
(AAMC®)
Service Provider Designations and
Distinctions
Reserve Specialist
(RS®)/Community Insurance and Risk Management
Specialist (CIRMS®)/Educated Business
Partner
