2016 BAR CONVENTION & ANNUAL MEETING

Transcription

1 October 14, 2016 Hawaii Convention Center 1801 Kalakaua Ave. Honolulu, HI RPFSS SEMINARS 2016 BAR CONVENTION & ANNUAL MEETING - Vendor Expo - HSBA Annual Meeting & Awards - CLE Credit Courses

2 RPFSS SEMINARS MORNING SESSION 9:00 A.M. - 12:15 P.M. Real Property and Financial Services Seminar (RPFSS), part 1 A. Trends Affecting Homeowner and Condominium Associations: Corporate Law Requirements and Community Governance, Rentals, Homeowner Mortgage Issues, and Agri-Communities (1.5 CLE) Speakers: Janet Bozeman, Peter Horovitz, & Daniel E. Orodenker Moderated by: Jennifer Lim Attend these presentations and learn about recent national trends and law updates affecting homeowner and condominium associations. The Faculty will first discuss how recent cases across the country have interpreted corporate law requirements for associations in conjunction with the community governing documents. The Faculty will also discuss short-term rentals and how leasing affects home financing. Community rental rates are on the rise as more millennials choose to rent instead of buy in addition to the increased popularity of short-term rentals through Airbnb and similar home-sharing sites. However, the percentage of rentals in a community and any community leasing restrictions can impact a prospective purchaser s ability to obtain a conventional mortgage or a homeowner s ability to refinance. Learn how different courts have interpreted short-term rental use and considerations for creating new leasing restrictions. Short-term rentals have also received disparate treatment across the country. Another recent trend in planned developments is the agri-community or agrihood, a residential development that includes a working farm, community gardens, and/or activities that promote health as well as farm-to-table eateries. The Faculty will examine the unique nature of the agri-community and discuss document drafting considerations and practical issues in creating and operating an agri-community. B. Fair Housing and Senior Housing (1.5 Ethics CLE) Speakers: Janet Bozeman, David Callies, & Jelani Madaraka Moderated by: Nalani Fujimori Kaina The Federal Fair Housing Act (FHA) prohibits discrimination in the sale, rental, and financing of residential real estate and in other housingrelated transactions on the basis of race, color, religion, sex, handicap, familial status or national origin. Attend these presentations and learn how the FHA applies to developers, real estate sellers and agents, landlords, and homeowners and condominium associations. The Faculty will discuss the types of discrimination covered by the FHA as well as recent regulatory expansion of the FHA s coverage, including establishing new types of discrimination and new classes of protected persons. ANNUAL MEETING: LUNCH & KEYNOTE 12:30 P.M. - 2:15 P.M. Keynote Speaker: Linda Klein, ABA President AFTERNOON SESSION 12:30 P.M. - 5:45 P.M. Real Property and Financial Services Seminar (RPFSS), part 2 A. Association Assessment and Collections(1.5 CLE) Speakers: Janet Bozeman, The Honorable Robert J. Faris, & Kapono Kiakona Moderated by: Pamela Macer The Faculty will discuss recent national trends involving association collections and how those trends are playing out in Hawaii. More states are creating super-liens for associations that elevate the association s lien above the mortgage. This has provided much-needed assistance in distressed communities, but a plethora of lawsuits has followed. Learn how the super-lien works in Hawaii and in other states and the problems other states have experienced with such liens. Also learn about a split in authority among the bankruptcy courts as to a homeowner s personal liability for association assessments following bankruptcy. Is the assessment obligation a pre-petition contract or a covenant running with the land? B. Hawaii s Land Court (1.5 CLE) Speaker: Roy Yanagihara Moderated by: Christina Ohira The first half of the session will be a review of Land Court ex parte petition basics. The Faculty will discuss how to avoid common errors that could result in denial (and delay) of your petition and when a hearing is required. The second half of the session will be discussion of the future of Land Court and possible changes ahead. Time will also be reserved at the end of the session for questions from the audience. 1

3 SPEAKERS SPECIAL MAINLAND SPEAKER JANET BOZEMAN Seminars: Trends Affecting Homeowners and Condo Associations Fair Housing and Senior Housing Association Assessment and Collections Jan Bozeman is a shareholder with Hyatt & Stubblefield, P.C. in Atlanta, Georgia, a boutique law firm with 30+ years of experience working with real estate developers and community associations. Jan s practice focuses on advising developers on the legal infrastructure for planned communities, mixed-use and new urban communities, condominiums, destination resorts and other complex real estate developments. Her work includes consulting on and drafting covenants and other documentation for small and large-scale residential projects, agequalified projects, and vertical and horizontal mixed-use, commercial, and industrial projects. Jan also creates club membership programs for project amenities and counsels clients on workouts of troubled projects, community association operations, and corporate governance. Jan is a frequent speaker on issues relating to real estate development, senior housing and community associations and Editor of the Community Association Law Reporter. Jan is a member of several real estate-related professional organizations, including the Urban Land Institute and Commercial Real Estate Women. DAVID CALLIES Seminar: Fair Housing and Senior Housing THE HONORABLE ROBERT J. FARIS Seminar: Association Assessment and Collections David L. Callies is Benjamin A. Kudo professor of law at the William S. Richardson School of Law where he teaches land use, state and local government and real property. Prior to coming to Hawai i, he practiced local government and land use law with the firm of Ross & Hardies of Chicago during which time he also taught as an adjunct professor at the University of Wisconsin-Milwaukee s School of Architecture and Urban Planning and served as an Assistant State s Attorney. He is a graduate of DePauw University, the University of Michigan Law School (J.D.) and the University of Nottingham (LL.M.), and a past foreign fellow and present life member of Clare Hall, Cambridge University. He is a member of the American Law Institute, the College of Fellows of the American Institute of Certified Planners, the American College of Real Estate Lawyers and co-editor of the annual Land Use and Environmental Law Review (with Dan Tarlock). Robert J. Faris has been a U.S. Bankruptcy Judge for the District of Hawaii since February 2002 and a judge of the United States Bankruptcy Appellate Panel of the Ninth Circuit since August He received a B.A. from Reed College in 1980 and elected to Phi Beta Kappa. He received his J.D. from the Boalt Hall School of Law, University of California, Berkeley in He served as an associate editor of the California Law Review in , published Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee: Justifying Establishment of Jurisdiction as a Discovery Sanction, 70 Calif. L. Rev (1982), and was elected to the Order of the Coif. From 1983 until 2002, he practiced with a Honolulu law firm, emphasizing in bankruptcy, insolvency, and commercial litigation. He is a member of the American Bankruptcy Institute, the National Conference of Bankruptcy Judges, and the American College of Bankruptcy. PETER HOROVITZ Seminar: Trends Affecting Homeowners and Condo Associations Peter Horovitz advises clients on all aspects of business formation, land acquisition, contract negotiation, development and entitlements on the federal, state and local level. He also represents numerous residential and commercial associations on matters ranging from structuring, board composition, governance best practices, and risk management. 1 Peter is a graduate of Colorado College and the University of Hawaii-Manoa William S. Richardson School of Law. He serves and has served on various non-profit boards including the Maui Economic Opportunity, Inc. (Board Member), Pacific Cancer Foundation (Board Member, Past President, and former Governance Chair), Na Keiki O Emalia (Board Member), Haleakala Waldorf School (Former Board Member, Past President), and Kula Community Association (Past Board Member).

4 SPEAKERS KAPONO KIAKONA Seminar: Association Assessment and Collections JELANI MADARAKA Seminar: Fair Housing and Senior Housing Kapono F.H. Kiakona has over 11 years of expertise in condominium and community association law. Kiakona concentrates his practice on association law and all transactional legal matters that transpire with the governance of associations. He also has experience in commercial, real estate, and construction litigation; mediation and arbitration; and foreclosure law. Kiakona is a member of the Hawaii State Bar Association and Community Associations Institute. Drawing upon his extensive background working with community associations, he regularly conducts seminars on association law for property managers and boards of directors. Committed to his clients, he frequently flies to the outer islands, including the PMKC Maui office, to work with them in person. Additionally, he wrote Federal Legislation: The Pool and Spa Safety Act for the Hawaii Community Association. He is also licensed to practice law in the state of Colorado. Jelani M. Madaraka is the Lead Civil Rights Analyst for the United States Department of Housing and Urban Development s Honolulu Fair Housing and Equal Opportunity Field Office. Previously Jelani worked in HUD s Southeast and Caribbean Regional Office. He has worked for over 24 plus years in various facets of Civil Rights, Disability Rights, Equal Opportunity, and Labor Relations. Jelani has considerable knowledge in the interpretation and application of the Fair Housing Act and works to prevent discrimination based on race, color, national origin, religion, sex, family status, or disability through education, outreach, and partnership with the Hawaii Civil Rights Commission, the Fair Housing Enforcement Program at the Legal Aid Society of Hawaii, and recipients of federal financial assistance who have a duty to affirmatively further fair housing. He holds both a Bachelor and a PhD degree in History, a Master of Arts degree in Industrial/Labor Relations: Collective Bargaining; Alternative Dispute Resolution (ADR), a Jurist Doctor, and Advanced Certification in ADR from the Harvard Negotiation Insight Initiative. Jelani is the author of several articles and a few books on history and culture, has traveled the world extensively, and has lived, worked, and been honored to call Hawaii home for the past 16 years. DANIEL E. ORODENKER Seminar: Trends Affecting Homeowner and Condominium Associations ROY YANAGIHARA Seminar: Hawaii s Land Court Daniel E. Orodenker holds a Law Degree from the University of San Diego, is a member of the Hawaii Bar and in the 1980s practiced law in Honolulu, focusing on administrative and land use law. In the early 1990 s he became the Director of the Honolulu Waterfront Program, simultaneously serving as the Executive Director of the Aloha Tower Development Corporation and Development Assistant to the Director of Department of Business Economic Development and Tourism. In 1996 he became the Director of the Hawaii Natural Heritage Program, a part of the Nature Conservancy of Hawaii. After leaving the Nature Conservancy Dan worked for Swarovski Manufacturing of Austria in the Crystal Architectural Division assisting in international business development. After returning to Hawaii he spent some time working for the Aloha Tower Development Corporation again before opening his own consulting firm specializing in business development and land use entitlements. Since 2012 he has been the Executive Director of the Stae Land Use Commission. Roy S. Yanagihara recently retired from his position as the Deputy Registrar of the Land and Tax Appeal Court a position he held from March 2007 to August Before working for the Judiciary, Mr. Yanagihara worked at the State Legislature and was in private law practice. Mr. Yanagihara received his JD from Pepperdine University School of Law in 1978 and has been a member of Hawaii State Bar since

5 2016 HSBA BAR CONVENTION OCTOBER 14, 2016 HAWAII CONVENTION CENTER >> Please Print Full Name JD # Firm/Employer Phone Instructions Please select your registration option and then select the seminar(s) you wish to attend. Only one seminar per morning and/or afternoon may be selected. Early Registration (ends Sep. 23) FULL DAY (Morning AND Afternoon Seminar + Lunch) HSBA Member $ Member $ Non Member $ HALF DAY (Morning OR Afternoon Seminar + Lunch ) HSBA Member $ Member $ Non Member $ LUNCH ONLY (Annual Meeting / Keynote / Lunch ) All Members $ BAR CONVENTION REGISTRATION OPTIONS *only one pricing tier must be selected. Your pricing tier must match the number of seminars selected. SEMINARS TO AT TEND MORNING SESSIONS (9:00 a.m. to 12:15 p.m.) Credit REAL PROPERTY AND FINANCIAL SERVICES SEMINAR (RPFSS), part 1 3 CLE (1.5 Ethics) A. Trends Affecting Homeowner and Condominium Associations: Corporate Law Requirements and Community Governance, Rentals, Homeowner Mortgage Issues, and Agri-Communities (1.5 CLE) B. Fair Housing and Senior Housing (1.5 Ethics CLE) FAMILY LAW SEMINAR, part 1 3 CLE (2 Ethics) A. Divorce Manual 9th Edition Supplement (1 CLE) B. Larry Rice Divorce Seminar, part 1 (2 Ethics CLE) APPELLATE SEMINAR 3 CLE A. Appellate ADR (1 CLE) B. Preservation of Error(1 CLE) C. Views from the Courts(1 CLE) KEYNOTE LUNCH & ANNUAL MEETING (12:30 p.m. to 2:15 p.m.) - Linda Klein, ABA President *included with all registrations AFTERNOON SESSIONS (2:30 p.m. to 5:45 p.m.) REAL PROPERTY AND FINANCIAL SERVICES SEMINAR (RPFSS), part 2 3 CLE A. Association Assessments and Collections (1.5 CLE) B. Hawaii s Land Court (1.5 CLE) FAMILY LAW SEMINAR, part CLE Larry Rice Divorce Seminar, part 2 (2.5 CLE) *ends at 5:00 p.m. E-DISCOVERY SEMINAR 3 CLE Understanding the electronic in E-Discovery (3 CLE) FLSA SEMINAR 3 CLE The New FLSA Salary Requirements (3 CLE) COURSE MATERIALS Divorce Manual, 9th Edition, 2016 Supplement) *regular price $75.00 $ *special bar convention rate for attendees only PAYMENT INFORMATION Payment Type: Check (payable to HSBA) Visa Mastercard Regular Registration (Sep. 24 to Oct. 11) Day of Bar Convention (Oct. 14) FULL DAY FULL DAY (Morning AND Afternoon Seminar + Lunch) (Morning AND Afternoon Seminar + Lunch) HSBA Member $ HSBA Member $ Member $ Member $ Non Member $ Non Member $ HALF DAY HALF DAY (Morning OR Afternoon Seminar + Lunch ) (Morning OR Afternoon Seminar + Lunch ) HSBA Member $ HSBA Member $ Member $ Member $ Non Member $ Non Member $ LUNCH ONLY LUNCH ONLY (Annual Meeting / Keynote / Lunch ) (Annual Meeting / Keynote / Lunch ) All Members $ All Members $ Card Holder s Name Billing Address Credit Card Number Expiration Date CVV TOTAL PAYMENT $ Card Holder s Signature Please review important registration information on next page.

6 MORE INFO IMPORTANT REGISTRATION INFORMATION HSBA Member Registration Online registration is available for HSBA Members at You may also choose to complete the registration form and fax ( ), hsba.org), or mail to the HSBA (1100 Alakea Street, Suite 1000, Honolulu, Hawaii 96813, Attention: CLE Department). Non-HSBA Member Registration Complete the registration form and fax ( ), or mail to the HSBA (1100 Alakea Street, Suite 1000, Honolulu, Hawaii 96813, Attention: CLE Department). Parking The Hawaii Convention Center parking fee is $10 all day. No in and out privileges. Cancellation A refund will be made only upon receipt of a written notice of cancellation on or before October 7, NO REFUNDS WILL BE MADE (1) IF CANCELLATION IS MADE AFTER OCTOBER 7, 2016 AND/OR (2) FOR NO- SHOWS. Insufficient Funds A $30 fee will be charged for checks returned due to insufficient funds. Course Materials In an effort to be green, the Bar Convention Course Materials will all be downloadable from the website. Please visit the website for the program you are attending before the day of the Convention to view and download materials. Attendees may print the materials prior to attending or simply view them on their tablet, phone or laptop. Materials will be posted by October 11, Divorce Manual Supplement The 2016 supplement of the 9th Edition Divorce Manual will be presented at the Bar Convention. The Bar Convention price is only $50 for this valuable resource! Attendees of Family Law Seminar are encouraged to purchase the new Divorce Manual Supplement. Purchased Divorce Manuals Supplements will be available for pick up at the Family Law classroom on the day of the Bar Convention. There will be a limited supply of Divorce Manual Supplements available for sale (without prior order) at the Bar Convention. Availability is on a first come first served basis. Videotaping / Photography The seminar may be videotaped and/or photographed. Your registration constitutes your voluntary consent to such videotaping and/or photography without monetary compensation. Disclaimer The representations made at this Bar Convention and content/materials are those of the presenters and do not represent the position of the HSBA. Legal opinions, analyses, and materials provided by the presenters are not reviewed by the HSBA. Questions / Special Accommodations / ADA Contact the HSBA CLE Department by phone: (808) or CLE@hsba.org. Please provide request for accomodations at least 2 business days before the event.