RESUME MICHAEL C. KIM Michael C. Kim & Associates 19 South LaSalle Street, Suite 303 Chicago, Illinois 60603 Phone: (312) 419-4000 Fax: (312) 419-4008 E-mail: mck@mkimlaw.com Website: www.mkimlaw.com I. Practice Profile A. Principal, Michael C. Kim & Associates. Practice includes focus on community association law, construction law, real estate law and litigation. Client roster has several hundred associations. On occasion represents developers, lenders and individual homeowners. Acted as local construction counsel to a national lender for a major construction loan. Retained as expert local condominium counsel to a national insurance company in its financing of the acquisition of block of units from failed developer. Served as expert witness on behalf of national life insurance carrier/first mortgagee creditor's successful challenge to a proposed condominium conversion by a bankrupt developer and thereby resulting in creditor's being able to foreclose on a $27 million apartment complex; on behalf of a plaintiff association regarding failure to maintain directors and officers liability insurance; and on behalf of an insurance broker s defense against a condominium association for nonplacement of D&O coverage. Geographic area covers Cook, Lake, DuPage, McHenry, Kane, and Will counties. Provides all services required by an association: developer transition concerns; construction defect litigation; contract drafting, negotiation and enforcement; interpretation/ amendment/enforcement of association governing documents; rulemaking and enforcement; assessment collection; civil rights and employment grievances; sexual harassment claims; environmental issues; constitutional and civil rights issues; commercial tenants/leases; and general civil litigation. B. Admitted to Bar of Supreme Court of Illinois, United States District Court (Northern District of Illinois) (General and Trial Bar), Court of Appeals for the Seventh Circuit, and the United States Supreme Court.
C. Adjunct Professor, The John Marshall Law School, Graduate Program in Real Estate Law (1995-2005) II. Speaking Engagements JOHN MARSHALL LAW SCHOOL Adjunct Professor, John Marshall Law School Graduate Program in Real Estate Law, Condominium, Cooperative & Other Common Interest Communities Course (RE617), consisting of 14 two hour class sessions, of which two sessions were team taught and six sessions were taught only by M. C. Kim (subject areas of sessions taught by M. C. Kim included legal foundation and structure of associations, analysis of Illinois Condominium Property Act, title insurance considerations, restrictions on alienation/right of first refusal/limitation on leasing, Fair Housing Act and Americans with Disabilities Act, financial matters/budgeting/regular and special assessments/loans and lines of credit, and litigation and ADR) (January - April 1996) (January - April 1997) (January - March 1998) (June - July 2000) (January - March 2001). (2005, 2006, 2007, 2009, 2012, 2013 and 2016 guest lecturer on Amending Condominium and Homeowner Association documents). Class comprised of attorneys, law school graduates and law students. John Marshall Law School Kratovil Program on Common Interest Communities. (October 15, 1997) Topic: Involuntary Unit Sale Remedy. Audience comprised of attorneys, law faculty and students. BAR ASSOCIATIONS American Bar Association, Section on Real Property, Trust and Probate Law, Chicago Community Outreach Program (Winter 2009) (April 29, 2009) Topic: Condominium and Mixed Use Property Management. Audience comprised of practicing attorneys. Chicago Bar Association, Current Condominium and Developer Issues Seminar (June 12, 2003) Topic: Administration/Governance Issues. Audience comprised of attorneys. 2
Chicago Bar Association, Condominium Law Subcommittee (November 21, 2000) Topic: Developer Litigation and Association Claims/Theories of Recovery. Audience comprised of attorneys. American Bar Association Continuing Legal Education Program in connection with October 1999 article Co-opted Living in ABA Journal (October 20, 1999) Audience participated by conference call involving 1200 callers. Chicago Bar Association, Landlord/Tenant Issues Seminar (January 29, 1998) Topic: Leasing of Condominium Units. Audience comprised of attorneys. Chicago Bar Association, Condominium Law Subcommittee (June 17, 1997) Topic: Satellite Dishes and FCC Rulemaking. Audience comprised of attorneys. Chicago Bar Association Seminar: A Comprehensive Look at Condominium and Other Forms of Communal Living Organizations - Case Law Update (November 13, 1995), Audience comprised of attorneys. CAI-NATIONAL Community Association Law Seminar (national seminar) Jan. 1992 - "Protecting Association Assets" Jan. 1993 Association Legal Fees Jan. 1994 Association Contracts Jan/Feb 1998 - Director and Officer Liability Jan/Feb 2000 - Not for Profit Corporation Acts Feb. 2001 - Special Financial Transactions Jan. 2003 Liability for Underfunded Reserves Jan. 2010 - Unauthorized Practice of Law by Property Managers Jan. 2015 Constitutional Constraints on the Community Association What is applicable, waiveable and inescapable. Audience comprised primarily of attorneys and property managers. CAI 2016 Spring Conference (May 2016) (national seminar) Topic: Navigating New Restrictions on Construction Defect Cases in Your State. Audience comprised of property managers and homeowners. 3
CAI-Hawaii and Hawaii Real Estate Research and Education Center, Condorama Seminar presented on CA Day in connection with CAI- National Spring Conference, Honolulu, Hawaii (May 3, 1997). Audience comprised of managers and homeowners. CAI Fall 1994 National Conference (September 1994) (national seminar) Topic: "UCIOA Revisited." Audience comprised of attorneys, managers, homeowners, government officials. CAI Fall 1994 National Conference (September 1994) (national seminar) Topic: "Employer Liability Update". Audience comprised of chief executive officers of management companies. CAI-Hawaii Chapter Educational Program (November 1994) Topic: "Contracts and the Community Association". Audience comprised of attorneys, managers, homeowners, vendors. CAI-ILLINOIS Community Association Institute Illinois Chapter Legal Forum Presentations: July, 2013 Understanding and Managing Legal Fees May, 2014 Legal Consequences: The Good, the Bad & the Ugly as well as panelist on open Q&A session August, 2015 What Rights Do Unit Owners Really Have? April, 2016 Legal Ways to Shift Association Costs to Individual Owners and Third Parties CAI-Illinois 2013 Conference and Trade Show (February 1, 2013) Topic: Working with Dysfunctional Boards. Audience comprised of property managers. CAI-Illinois 2010 Conference and Trade Show (January 16, 2010) Topic: Homeowners Forum. Audience comprised of homeowner board members. CAI-Illinois 2009 Conference and Trade Show (January 17, 2009) Topic: Selecting an Attorney. Audience comprised of homeowner board members. 4
CAI-Illinois Homeowners Forum (June 17, 2008) Co-Panelist. General Question/Answer Forum attended primarily by homeowner board members. CAI-Illinois 2007 Conference and Trade Show (January 13, 2007) Topic: Meetings and Annual Meetings. Audience comprised of homeowner board members and property managers. CAI Illinois Seminar (November 8, 2004) Topic: Fiduciary Responsibility Audience comprised primarily of homeowner board members and property managers. CAI-Illinois Seminar (May 20, 2004) Topic: Insurance in Community Associations. Audience comprised primarily of homeowner board members and property managers. CAI-Illinois Seminar. (September 12, 2002) Topic: The Aging Association Population. Audience comprised primarily of homeowner board members. CAI-Illinois Fall Legal Update (September 15, 1999) Topic: FCC satellite dish regulations and update, and general question and answer session. Audience comprised of attorneys, managers and homeowners. CAI-Illinois Fall Legal Update (October 15, 1998) Topics: Condominium legislation and general question-and-answer session. Audience comprised of attorneys, managers and homeowners. CAI-Illinois Spring Legal Forum (June 12, 1997) Topic: Telecommunications Act of 1996. Audience comprised of managers and homeowners. CAI-Illinois CA Day Trade Show and Seminar. (January 29, 1994). Topic: Legal Update (esp. new ballot and proxy rules). Audience comprised mostly of managers and homeowners. Local attorney speaker at various PMDP courses held in Chicago area (including legal basis; case study courses). 5
ACTHA ACTHA North Expo (October 12, 2013) Topic: Legislative and Legal Update. primarily of homeowner board members. Audience comprised ACTHA Spring Conference (April 21, 2012) Topic: Legislative Panel. Audience comprised primarily of homeowner board members ACTHA Fall Conference (October 24, 2009) Topics: Legislative Panel and Ask an Attorney Co-panelist. Audience comprised primarily of homeowner board members. ACTHA Fall Conference (October 25, 2003) Topic: Call 911, This is an Emergency (Association Conflicts) and co-panelist Ask an Attorney. Audience comprised primarily of homeowner board members. ASCO ASCO Seminar on Crimes and the Community Association (June 16, 2015). Audience comprised of board members and homeowners. ASCO Seminar on Impact of Recent Case Decisions on Boards Abilities to Enforce Rules (September 12, 1996). Audience comprised of board members and homeowners. ASCO Seminar on Home Based Businesses and Condominiums (June 11, 1996). Audience comprised of homeowners and managers. Various ASCO Membership Meeting presentations relating to legislation and other current topics. OTHER Law Education Institute (national seminar) Real Estate Law Seminar (January 8, 2003) Topic: Key Construction Contracting Issues Audience comprised of real estate attorneys. (January 7, 2002) Topic: Disability Accommodation in Condominium and Common Interest Community Associations. 6
Lorman Education Services Seminar (February 13, 2008) Topic: Office Condominiums in Illinois. Audience comprised of attorneys, managers and salespersons. Lorman Education Services Seminar (June 15, 2006) Topic: Documentation Issues for Condominiums, Planned Communities and Urban Development in Illinois Subtopic: The Declaration. Audience comprised of real estate attorneys and professionals. Lorman Education Services Seminar (March 7, 2006) (December 2, 2003) Topic: Law of Easements: Legal Issues and Practical Considerations in Illinois Subtopic: Condominiums and Common Interest Communities and Easements. Audience comprised of real estate attorneys and professionals. National Business Institute Seminar (March 11 and 12, 2008) (March 2 and 3, 2009) Topic: Developing and Managing Condominium and Homeowners Associations. Audience comprised of attorneys and property managers. National Business Institute Seminar (April 8, 2003) (October 27, 2003) (April 29, 2004) (November 4, 2004) (May 24 and 31, 2005) (October 1, 2007) (November 10, 2008) Topic: Legal Aspects of Condominium Development and Homeowner s Associations in Illinois with particular focus on Association governance. Audience comprised of real estate attorneys. National Business Institute Seminar (March 6, 2006) Topic: Developing and Operating Planned Communities and Condominiums in Illinois with particular focus on operational requirements, procedures and issues. Audience comprised of developers, attorneys and consultants. Oak Park Condominium Network (May 11, 2004) Topic: Utilizing Professional Expertise. Audience comprised primarily of homeowners and property managers. Sudler & Company Community Living Conference (May 12, 2001) Topic: Legal Liability of the Board of Directors. Audience comprised of homeowner board members. 7
Sudler & Company Community Living Conference (May 13, 2000) Topic: Illinois Condominium Act - Today and Tomorrow. Audience comprised of homeowner board members. Naperville Area Homeowners Confederation (May 19, 2001) Topic: Satellite TV and Wireless Internet Service Legal Update. Audience comprised of homeowner board members. Naperville Area Homeowners Confederation Roundtable Presentations (January 15, 2000) Topic: Updating Developments since Adoption of the Telecommunications Act of 1996. Audience comprised of homeowners board members. Interviewee, Illinois CPA Society 1996 Common Interest Realty Associations Conference (November 19, 1996) Topic: Legal Update. Audience comprised of CPAs. Illinois CPA Society Annual Community Association Update (November 5, 1991) (statewide seminar) Topic: "Defalcation by Management Companies." Audience comprised of CPAs. Illinois Institute for Continuing Legal Education seminar on Strategies for Condominium Projects (Buyer/Seller Representation) (October 22, 2010) (Statewide seminar). Audience comprised of attorneys. Illinois Institute for Continuing Legal Education seminar on Illinois Condominium Law and Law Affecting Community Associations (March 30, 1990) (statewide seminar) Topic: "Documenting the Condominium Project from the Association's Perspective." Audience comprised of attorneys. Frequently interviewed for community association topical matters by Chicago media, including Chicago Tribune, Chicago Sun Times, Crain s Chicago Business, various suburban newspapers, CAI radio interviews on WBIG, and WTTW Channel 11 (PBS). III. Articles/publications Co-author, Historical and Practice Notes to Illinois Condominium Property Act (Smith Hurd Annotated Illinois Compiled Statutes) (1984-87). 8
Provides background, legislative history, practice pointers on the Illinois Condominium Property Act. Involuntary Sale: Banishing an Owner From the Condominium Community, The John Marshall Law Review, Winter 1998 (Vol. 31, No. 2). CAI Ask the Experts Question, Common Ground Magazine (CAI- National) (January 2015) Selected 2015 Passed Legislation Affecting Condos, CICs and Co- Ops FINAL RESULTS (ACTHA Newsletter, October 2015) 2014 Legislation Affecting Condominiums, Common Interest Communities and Cooperatives (ACTHA News, September 2014) Where There s Smoke... There s Ire (Common Interest Magazine (CAI Illinois Chapter) (Fall 2007) 2003 Condo Legislation: The Flag, Absentee Ballots & Public Housing, Common Interest Magazine (CAI Illinois Chapter), Vol. 8, No. 4 (Fall 2003). Municipal Services Equalization: Stop Paying Twice, Common Interest Magazine (CAI-Illinois Chapter), Vol. 5, No. 2 (Spring 2000). The Rules of the Game: Enforceable Rules and Liabilities Against Unit Owners - - and Even Unsuspecting Directors, Common Interest Magazine (CAI - Illinois Chapter), Vol. 2, No. 2 (Spring 1998). "A Synopsis and Commentary of the 1993 Amendments to the Illinois Condominium Property Act", ACTHA News and Update (February and April 1994 editions). Summary and critique of the third most significant series of changes to Illinois Condominium Property Act ever made. "House Bill 1312 - Legislative Wiener", Common Interest Magazine (CAI-Illinois Chapter Magazine), Vol IV, No. 1 (January 1993). Critique of poorly advised legislation on master metered utilities. 9
"Officer and Director Liability for Environmental Violations", Illinois State Bar Association Corporation and Securities Newsletter, Vol. 36, No. 1 (October 1990). Potential personal liability of corporate officers and directors under various environmental laws. "The Application of the Condominium Act to Non-Condominium Properties", Illinois State Bar Association Real Property Newsletter, Vol. 36, No. 4 (January 1990). Statutory requirements imposed on non-condominium properties. "Condominium Association Reserves: Basic Issues and Answers", Chicago Bar Association Real Property Law Communicator (July 1989). In depth analysis of reserve issues and requirements. "Legal Aspects of Association Amenities," CAI Illinois Chapter News, March/April 1989 ed. Review of issues arising from use of association facilities. "1989 Condominium and Homeowner Association Legislative Summary", CAI Illinois Chapter News, July/August 1989 ed. Survey of legislation enacted. "Illinois Condominium Act Update/Senate Bill 1719", CAI-Illinois Chapter News, Summer/Fall 1988. Analysis of enacted legislation. "The Lawyers Role in the Association", ACTHA News & Update, June 1989 ed. Proper use and purpose of legal counsel. "Tuning in to Cable TV Legislation", 3 Apt and Condo News 40 (March/April 1986). Review of cable TV issues and legislation/case developments. "Should Board Members Be Paid" 4 Apt & Condo News 39 (Sept/Oct 1986). Considerations for compensating directors. See also materials prepared in connection with speaking engagements listed above. IV. Leadership positions Community Associations Institute (CAI) (National) 10
- Member, Board of Governors (1995-98), Strategic Planning Committee (1997-2000; Chair 1999-2000), and Law Seminar Planning Committee (2000-01) and Charter member (1994) of Community Associations Institute (CAI) College of Community Association Lawyers (recognition of distinguished service to community association law and commitment to highest ethical and professional standards) - Attorney Committee member (1993-1996) - Public Policy Committee member (1995-1996) CAI-Illinois Chapter 1992 - Chapter President 1989-92 - Director 1993 - Chair, Nominating and Awards Committee 1994 - Chair, Illinois Legislative Action Committee 1995 - Chair, Illinois Legislative Action Committee 1996 to 2001 - Member, Illinois Legislative Action Committee Association of Condominium, Townhome and Homeowners Associations (ACTHA) - 2007-08 Chair, Ad Hoc Committee on Legislation - 2009 - present - Co-Chair ACTHA Legislative Committee Chicago Bar Association Real Property Law Committee Executive Council - Chair (1999/2000) - Vice Chair (1998/99) Condominium Law Subcommittee - Chair, 9/90-6/92 - Vice Chair, 9/88-6/90 - Legislative Liaison, 9/93-6/94, 9/04-6/07 Legislative Subcommittee - Chair, 9/95 to 6/97 - Vice Chair, 9/93-6/95 11
V. Recognition Illinois State Bar Association - Chair, Condominium Committee (Real Estate Law Section Council) 5/90-5/94 American Bar Association - Member of various condominium and cooperative law committees of the Real Property Law Section and Forum on Construction Law. General Counsel, Association of Sheridan Condo Co-op Owners (ASCO) (Chicago, Illinois) which is a community based organization encompassing over 30 major condominium properties. Service is provided on pro-bono basis. Designated Illinois Superlawyer by Law & Politics (2005-2008, 2012-2016) Designated Illinois Leading Lawyer by Law Bulletin Publishing Company (2009-10, 2012-16) Olympus Award by CAI-Illinois Chapter, honoring the profound influence on the development of the Chapter. Golden Brick Award (1995) for pro bono legal services rendered to Uptown Habitat for Humanity in development of affordable condominium housing in Chicago for low income families. Frank Scotti Award for most significant contribution to condominium law (presented by Association of Sheridan Condo Co-op Owners) in 1993. Revised 8/8/2016 12