Condo Media - May 2014 - (Page 34)

by Gary M. Daddario, Esq. LEGAL Lessons From the CAI National Law Conference Recap of the Top Seminars I t is with a sense of pride that I undertake the privilege of authoring my fifth installment of the "here's what happened at the CAI National Law Conference" article. In January, attendees went to Las Vegas for this year's meeting. As always, the conference was well-attended by various types of members of CAI, condominium attorneys, and others in our industry from all over the U.S. As to the benefits of attending the conference, I never tire of stating that it is extremely helpful to gain insight into the trends and practices observed in other areas of the country. One obvious reason is that such information may serve as a prediction of legal developments that we will experience here in New England. For the sake of memorializing the experience and sharing information with those unable to attend, I once again write to provide the "bottom line" from the seminars I attended. Part two of my recap will appear next issue. Case Law Update This session, presented in two parts, was entertaining and informative with respect to condominium-related cases decided throughout the country. While George E. Nowack Jr., Esq. and Wilbert Washington II, Esq., continued their tradition of making a lively presentation of this information, there was a change in the Case Law Update lineup. Specifically, the 34 CONDO MEDIA * MAY 2014 cases are now researched, collected, and summarized by Richard S. Ekimoto, Esq. Bottom Line: I always try to identify trends in the Case Law Update. This year, multiple cases were of the hypotheticals. Each dealt with the attorney's ethical obligations when there are multiple parties involved in the case. In the condominium context, attorneys often deal with multiple parties even on the same side of the case. For instance, as legal counsel to As to the benefits of attending the conference, I never tire of stating that it is extremely helpful to gain insight into the trends and practices observed in other areas of the country. decided on the following trending topics: amendments of constituent documents; assessments; and association powers. Ethical Issues for Condominium Attorneys This seminar served as a valuable refresher of the ethical rules that all attorneys must abide by during our practice. The engaging presentation was delivered through a series of hypothetical situations that presented ethical questions. At the conclusion of the audience participation in each section, the presenters highlighted the specific ethical rules involved and reviewed the specific text of those rules with the attendees. The link to the condominium industry came through the fact patterns the association's board, an attorney has board member clients but may also regularly deal with the board's property manager and, in some situations, even a particular service vendor in addition to property management. Additional questions are presented when an attorney represents an association board but the unit owner on the opposing side of the case believes the association's legal counsel owes his some sort of duty by virtue of his membership in the association. Bottom Line: All attorneys are required to practice in compliance with the applicable ethical rules at all times. Some areas of practice, such as condominium law, can present complex ethical considerations due to the nature of the cases and/or the multiple parties

Table of Contents for the Digital Edition of Condo Media - May 2014

Condo Media - May 2014
From the CED’s Desk
Editorial Board
CAI News
CAI Regional News
Asked & Answered
Homeowner’s Corner
And the Winners Are ...
Vendor Spotlight
Industry Perspective
Volunteer Spotlight
CAI-NE Legal Directory
Classifi ed Service Directory
Advertisers Index

Condo Media - May 2014