This document summarizes a meeting of the Roadmap to Recovery series that discussed interfacing with a homeowner's association (HOA) after a total home loss. It provided background on the Whispering Ridge HOA and their process of rebuilding after the 2003 Cedar Fire. Key points included understanding the jurisdiction of CC&Rs, architectural committees, and design guidelines. The Whispering Ridge HOA maintained their standard review process but waived fees and expedited approvals to help rebuilding. Examples showed how rebuilt homes maintained neighborhood harmony. Communication and flexibility were important to generally positive outcomes, though some issues remained around landscaping and unique home approvals.
This document summarizes a meeting about interfacing with homeowners' associations (HOAs) after a total loss of one's home to wildfire. It provides advice on navigating the HOA architectural review process when rebuilding, including educating oneself on the governing documents, submitting plans for review, potential issues that may arise, and dispute resolution options. Examples are given of how one HOA in particular promoted harmonious rebuilding after the fires while maintaining design standards and the interests of all homeowners.
The document provides an overview of contractual obligations and liabilities in construction contracts according to Ethiopian law. It discusses the types of contractual obligations including obligations to give/perform, do, and not do something. It also defines contractual liabilities and describes forms of legal liability including penal, civil, and administrative liability. Additionally, it covers contractual conditions such as general conditions of contract, special conditions of contract, and the role of the engineer. Finally, it discusses some key contract risks from the employer's perspective such as change in law, errors in requirements, and extension of time.
The document discusses developer liabilities and considerations under Florida condominium law. It notes that developers have statutory warranties, reserve funding, and assessment obligations. Developer status affects voting rights and control of the condo association. The document also outlines strategies for developers to exit a project and transfer their obligations.
The document provides an overview of condominium ownership and purchasing in Michigan. It discusses that condominium owners have exclusive ownership of their individual unit and shared ownership of common elements. The condominium association, made up of co-owners, is responsible for governing the development and maintaining common elements. The document outlines important documents involved in purchasing a condominium, such as the master deed, bylaws, and purchase agreement. It also describes remedies available under the Michigan Condominium Act.
The DD Act establishes the developmental disabilities network including state councils, protection and advocacy agencies, university centers for excellence, and projects of national significance. The purpose of the DD Act is to ensure individuals with developmental disabilities have access to community services and supports that promote self-determination, independence, productivity, and integration. Key aspects of the DD Act include the definition of developmental disability, 12 policies and principles, areas of emphasis, and requirements for state councils including membership, responsibilities, and developing a 5-year state plan and budget. As council members, the role is governance which focuses on the vision, stakeholders, future, and establishing, monitoring, and evaluating the work of the council as a unified body.
This document provides guidelines for Cook County's 2012 Community Development Block Grant Demolition Program. It details eligibility requirements for court-ordered, owner consent, and municipally-owned demolitions. Projects must meet criteria for slum/blight spot basis or urgent need. The application process requires documentation of ownership, environmental review, and relocation plans. Demolition work must follow procurement, permitting, and safety standards. Payments are made based on completed work items following inspections.
This document provides an overview and discussion of Subchapter V of Chapter 11 of the Bankruptcy Code from the perspective of key participants in Subchapter V cases. It begins with background on Subchapter V and how it provides a streamlined process for small business reorganizations. It then discusses expectations and roles of the main participants in Subchapter V cases - the bankruptcy judge, United States Trustee, Subchapter V Trustee, debtor, creditors, and their attorneys. Open issues with Subchapter V are also identified, such as how to determine the length of payment plans and how to define disposable income for business debtors.
The document summarizes Louisiana's 2012 legislative session regarding legacy lawsuits and other oil and gas issues. Key bills addressed legacy lawsuits (HB 618, SB 555), non-consent risk charges (SB 505), ultra-deep drilling (HB 504), landowner protections (HBs 853, 1037, SB 525), and hydraulic fracturing disclosure (HB 957). It also discusses CNG vehicles (HB 1213, SB 139) and EPA's new hydraulic fracturing reporting rule. Industry groups supported bills that allowed responsibility admissions, created fair risk charges, and opposed bills seen as detrimental to business.
This document summarizes a meeting about interfacing with homeowners' associations (HOAs) after a total loss of one's home to wildfire. It provides advice on navigating the HOA architectural review process when rebuilding, including educating oneself on the governing documents, submitting plans for review, potential issues that may arise, and dispute resolution options. Examples are given of how one HOA in particular promoted harmonious rebuilding after the fires while maintaining design standards and the interests of all homeowners.
The document provides an overview of contractual obligations and liabilities in construction contracts according to Ethiopian law. It discusses the types of contractual obligations including obligations to give/perform, do, and not do something. It also defines contractual liabilities and describes forms of legal liability including penal, civil, and administrative liability. Additionally, it covers contractual conditions such as general conditions of contract, special conditions of contract, and the role of the engineer. Finally, it discusses some key contract risks from the employer's perspective such as change in law, errors in requirements, and extension of time.
The document discusses developer liabilities and considerations under Florida condominium law. It notes that developers have statutory warranties, reserve funding, and assessment obligations. Developer status affects voting rights and control of the condo association. The document also outlines strategies for developers to exit a project and transfer their obligations.
The document provides an overview of condominium ownership and purchasing in Michigan. It discusses that condominium owners have exclusive ownership of their individual unit and shared ownership of common elements. The condominium association, made up of co-owners, is responsible for governing the development and maintaining common elements. The document outlines important documents involved in purchasing a condominium, such as the master deed, bylaws, and purchase agreement. It also describes remedies available under the Michigan Condominium Act.
The DD Act establishes the developmental disabilities network including state councils, protection and advocacy agencies, university centers for excellence, and projects of national significance. The purpose of the DD Act is to ensure individuals with developmental disabilities have access to community services and supports that promote self-determination, independence, productivity, and integration. Key aspects of the DD Act include the definition of developmental disability, 12 policies and principles, areas of emphasis, and requirements for state councils including membership, responsibilities, and developing a 5-year state plan and budget. As council members, the role is governance which focuses on the vision, stakeholders, future, and establishing, monitoring, and evaluating the work of the council as a unified body.
This document provides guidelines for Cook County's 2012 Community Development Block Grant Demolition Program. It details eligibility requirements for court-ordered, owner consent, and municipally-owned demolitions. Projects must meet criteria for slum/blight spot basis or urgent need. The application process requires documentation of ownership, environmental review, and relocation plans. Demolition work must follow procurement, permitting, and safety standards. Payments are made based on completed work items following inspections.
This document provides an overview and discussion of Subchapter V of Chapter 11 of the Bankruptcy Code from the perspective of key participants in Subchapter V cases. It begins with background on Subchapter V and how it provides a streamlined process for small business reorganizations. It then discusses expectations and roles of the main participants in Subchapter V cases - the bankruptcy judge, United States Trustee, Subchapter V Trustee, debtor, creditors, and their attorneys. Open issues with Subchapter V are also identified, such as how to determine the length of payment plans and how to define disposable income for business debtors.
The document summarizes Louisiana's 2012 legislative session regarding legacy lawsuits and other oil and gas issues. Key bills addressed legacy lawsuits (HB 618, SB 555), non-consent risk charges (SB 505), ultra-deep drilling (HB 504), landowner protections (HBs 853, 1037, SB 525), and hydraulic fracturing disclosure (HB 957). It also discusses CNG vehicles (HB 1213, SB 139) and EPA's new hydraulic fracturing reporting rule. Industry groups supported bills that allowed responsibility admissions, created fair risk charges, and opposed bills seen as detrimental to business.
The document summarizes key points from a meeting about tax issues related to property damaged by wildfires. It discusses how to calculate casualty losses from wildfires for income tax purposes, including examples. It also explains that additional square footage or improved structures built after a fire will be reassessed for property tax purposes at market value. The document provides resources for further questions and thanks attendees and organizers.
This document provides guidelines for the Missions Committee of RBCPC church. It outlines the committee's foundation including its purpose, principles, and approaches. It describes the committee's planning process including long-range goals and short-term objectives. It defines the committee's relationship with missions and missionaries, including levels of support, criteria for recognition, and values. It also covers the committee's operations in areas such as organization, work responsibilities, funding sources and disbursements, and policies around mission trips.
The document announces upcoming Roadmap to Recovery meetings on various topics related to rebuilding after a disaster. The meetings will cover local building requirements, rebuild options with contractor presentations, fund control and special vendor offerings, and post-disaster legal issues. Information from past Roadmap to Recovery meetings is available online. An invitation is also extended to a supper for fire survivors and supporters.
The document summarizes Roadmap to Recovery Meeting 22 which featured a primer on interior design presented by Jill Winninger, an interior designer. The meeting provided information on interior design services and processes, including education requirements for interior designers, different fee structures, tips for selecting an interior designer, and advice for working with a designer. Breakout sessions were also part of the meeting agenda to allow for further discussion and consultation with Jill Winninger.
This document summarizes a meeting for 2007 SoCal wildfire survivors held on July 31, 2008 at the Rancho Bernardo Community Presbyterian Church. It provides information on upcoming recovery meetings, additional support resources from United Policyholders, how to access videos of previous meetings, and notes about breakout sessions with different insurance companies.
The document provides information to homeowners affected by the 2007 California wildfires on legal issues related to underinsurance claims. It discusses determining if a homeowner is underinsured, strategies for negotiating claims, documenting the scope of loss, obtaining independent estimates, and pursuing legal remedies if an insurance company refuses to fully cover costs. Key steps include calculating total losses, reviewing coverage limits, consulting an attorney, and filing a complaint with the Department of Insurance if necessary.
This document summarizes key points from a meeting about financing home rebuilding after wildfires. It discusses private construction loans, SBA loans, working with lenders to release insurance proceeds, and hiring licensed contractors. Specific topics covered include loan approval processes, qualifying for up to $200,000 in SBA loans at fixed low rates, periodically receiving insurance payouts as construction phases are completed, and strategies for persuading lenders to release funds more quickly.
The document describes the long-term fire recovery ministry plan of Rancho Bernardo Community Presbyterian Church following the 2007 San Diego wildfires. The ministry's goals are to help families find permanent solutions to fire-related problems and coordinate existing church programs. It outlines specific programs like a liaison program to pair survivors with volunteers, educational seminars, counseling, and financial assistance. The plan also includes criteria for aid recipients, defines types of aid, leverages existing church resources, and proposes a budget to fund recovery programs over multiple years using donated funds.
The document announces upcoming meetings on rebuilding after a disaster, including meetings on local building requirements, rebuild options with contractor presentations, fund control and special vendor offerings, and post-disaster legal issues. It also invites survivors of a 2007 firestorm to a supper meeting with their insurers and claims professionals, and provides information on an online expert forum for survivors to get advice.
The document summarizes information from a meeting on June 26, 2008 that discussed legal issues related to recovering from the 2007 wildfires in Southern California. It provides details on upcoming meetings, additional support resources for fire survivors, how to access videos of previous meetings, and it profiles an attorney who spoke about insurance bad faith.
The document summarizes a meeting to provide information to homeowners recovering from wildfires about rebuilding their homes. It includes tips on working with architects and contractors, such as checking their licenses, using fixed-fee contracts, making periodic payments as phases are completed, and preventing liens. It also discusses title insurance implications during reconstruction, such as potential boundary or encroachment issues, tendering claims, and programs offered by the title industry to reduce costs for fire survivors. Breakout sessions after the presentation provided more detailed information from individual insurance companies.
The document discusses an upcoming meeting on May 15, 2008 to discuss rebuild options with various contractors presenting their approaches. It provides details on future Roadmap to Recovery meetings in June discussing fund control, special vendor offerings, and legal issues. It also lists additional resources available online or by email for firestorm survivors regarding insurance surveys, asking experts questions, and celebrating progress in rebuilding.
This document provides information about upcoming meetings for homeowners recovering from the 2007 Southern California wildfires. It lists meeting dates in August and September that will discuss insurance issues and legal issues related to recovering from the fires. It also provides information about additional recovery resources available from United Policyholders, including a mentor program, online discussion forums, and videos of previous recovery meetings available on their website.
The document summarizes assistance programs available to individuals affected by wildfires in Southern California, including those provided by FEMA, SBA, and local legal organizations. It lists several FEMA assistance programs that provide money, crisis counseling, legal services, and unemployment benefits to disaster victims. It also provides contact information for SBA customer service and the American Red Cross volunteer lead for individual services. Free legal assistance is available to wildfire victims through a joint program of local bar associations that can help with insurance, landlord-tenant, and employment legal issues.
The document announces upcoming Roadmap to Recovery meetings in May and June 2008 focusing on rebuild options, a special mixer event, fund control and legal issues. Contractors will present their approaches to rebuilding at the May 15th meeting. A variety of insurance company breakout sessions will also be available after the presentation.
The document also provides pricing specifications from Gaitaud Construction for custom homes built for fire survivors, including fixed pricing, standard features, and additional costs for extras. Home sizes of 2000-3250 square feet plus garage are estimated to cost $376,000-$529,660.
The document provides information about upcoming meetings and presentations for fire survivors, including invitations to a supper and presentations on income taxes, living with wildfire, and when litigation is necessary in insurance claims. It also summarizes discussions from a previous meeting on developing an independent scope of loss to assess insurance claims and working with contractors.
The document summarizes a meeting to provide information to community leaders and fire survivors about recovering from the October 2007 wildfires in Rancho Bernardo, California. It discusses upcoming educational events on insurance claims and FEMA assistance. It provides tips for navigating the insurance claims process, including documenting losses, getting independent estimates, and hiring professionals if needed. It emphasizes the importance of networking with others in similar situations.
The document summarizes a meeting of the Roadmap to Recovery group on November 6, 2008 about landscaping issues after a wildfire. It includes presentations from Karen Reimus on legal issues, a survey on resolving 2007 wildfire insurance claims, and speakers on landscaping topics - Jim Kuhlken on his experience rebuilding after the Cedar Fire, Steve Lansker on selecting contractors and designing landscaping, and Eddie Villavicencio from the City of San Diego Fire Department. The meeting concluded with breakout sessions.
Columbia Theological Seminary is located in Decatur, Georgia and was founded in 1828. It has 413 students and 28 faculty. The seminary offers Master's and Doctoral degrees to prepare students for ministry, including a Master of Divinity, Master of Arts in Theological Studies, Master of Theology, Doctor of Ministry, Doctor of Educational Ministry, and Doctor of Theology in Pastoral Care and Counseling. Columbia also offers a joint Master of Divinity/Master of Science in Urban Policy Studies degree with Georgia State University.
The Redistricting Committee recommends against initiating the redistricting process due to substantial costs and challenges. Redistricting would require amending the Community Declaration, which involves legal and procedural hurdles including obtaining approval from 67% of lot owners, sub-associations, first mortgagees, and potentially bond holders. Failure to gain these approvals could allow pursuing judicial approval but with unknown legal costs and outcome. The report details 10 steps in the redistricting process and identifies legal questions that would need to be addressed.
Southwest Florida Attorneys Amanda Barritt and Shannon Puopolo of Henderson Franklin provided a spring legislative update and practical information for Community Associations on such issues as gate security, homeowner bankruptcy, collections, new electronic voting rules and pet accommodations (Note that the Proposed Legislation did not pass)
Getting the Vote: What it Takes to Change Your CC&R'sBeth Mulcahy
Mulcahy Law Firm, P.C. puts together an easy, 5 step plan for amending your Community Association documents. Reserve Funds are also discussed, including how to make, keep, and grow your community association's investments.
The document summarizes key points from a meeting about tax issues related to property damaged by wildfires. It discusses how to calculate casualty losses from wildfires for income tax purposes, including examples. It also explains that additional square footage or improved structures built after a fire will be reassessed for property tax purposes at market value. The document provides resources for further questions and thanks attendees and organizers.
This document provides guidelines for the Missions Committee of RBCPC church. It outlines the committee's foundation including its purpose, principles, and approaches. It describes the committee's planning process including long-range goals and short-term objectives. It defines the committee's relationship with missions and missionaries, including levels of support, criteria for recognition, and values. It also covers the committee's operations in areas such as organization, work responsibilities, funding sources and disbursements, and policies around mission trips.
The document announces upcoming Roadmap to Recovery meetings on various topics related to rebuilding after a disaster. The meetings will cover local building requirements, rebuild options with contractor presentations, fund control and special vendor offerings, and post-disaster legal issues. Information from past Roadmap to Recovery meetings is available online. An invitation is also extended to a supper for fire survivors and supporters.
The document summarizes Roadmap to Recovery Meeting 22 which featured a primer on interior design presented by Jill Winninger, an interior designer. The meeting provided information on interior design services and processes, including education requirements for interior designers, different fee structures, tips for selecting an interior designer, and advice for working with a designer. Breakout sessions were also part of the meeting agenda to allow for further discussion and consultation with Jill Winninger.
This document summarizes a meeting for 2007 SoCal wildfire survivors held on July 31, 2008 at the Rancho Bernardo Community Presbyterian Church. It provides information on upcoming recovery meetings, additional support resources from United Policyholders, how to access videos of previous meetings, and notes about breakout sessions with different insurance companies.
The document provides information to homeowners affected by the 2007 California wildfires on legal issues related to underinsurance claims. It discusses determining if a homeowner is underinsured, strategies for negotiating claims, documenting the scope of loss, obtaining independent estimates, and pursuing legal remedies if an insurance company refuses to fully cover costs. Key steps include calculating total losses, reviewing coverage limits, consulting an attorney, and filing a complaint with the Department of Insurance if necessary.
This document summarizes key points from a meeting about financing home rebuilding after wildfires. It discusses private construction loans, SBA loans, working with lenders to release insurance proceeds, and hiring licensed contractors. Specific topics covered include loan approval processes, qualifying for up to $200,000 in SBA loans at fixed low rates, periodically receiving insurance payouts as construction phases are completed, and strategies for persuading lenders to release funds more quickly.
The document describes the long-term fire recovery ministry plan of Rancho Bernardo Community Presbyterian Church following the 2007 San Diego wildfires. The ministry's goals are to help families find permanent solutions to fire-related problems and coordinate existing church programs. It outlines specific programs like a liaison program to pair survivors with volunteers, educational seminars, counseling, and financial assistance. The plan also includes criteria for aid recipients, defines types of aid, leverages existing church resources, and proposes a budget to fund recovery programs over multiple years using donated funds.
The document announces upcoming meetings on rebuilding after a disaster, including meetings on local building requirements, rebuild options with contractor presentations, fund control and special vendor offerings, and post-disaster legal issues. It also invites survivors of a 2007 firestorm to a supper meeting with their insurers and claims professionals, and provides information on an online expert forum for survivors to get advice.
The document summarizes information from a meeting on June 26, 2008 that discussed legal issues related to recovering from the 2007 wildfires in Southern California. It provides details on upcoming meetings, additional support resources for fire survivors, how to access videos of previous meetings, and it profiles an attorney who spoke about insurance bad faith.
The document summarizes a meeting to provide information to homeowners recovering from wildfires about rebuilding their homes. It includes tips on working with architects and contractors, such as checking their licenses, using fixed-fee contracts, making periodic payments as phases are completed, and preventing liens. It also discusses title insurance implications during reconstruction, such as potential boundary or encroachment issues, tendering claims, and programs offered by the title industry to reduce costs for fire survivors. Breakout sessions after the presentation provided more detailed information from individual insurance companies.
The document discusses an upcoming meeting on May 15, 2008 to discuss rebuild options with various contractors presenting their approaches. It provides details on future Roadmap to Recovery meetings in June discussing fund control, special vendor offerings, and legal issues. It also lists additional resources available online or by email for firestorm survivors regarding insurance surveys, asking experts questions, and celebrating progress in rebuilding.
This document provides information about upcoming meetings for homeowners recovering from the 2007 Southern California wildfires. It lists meeting dates in August and September that will discuss insurance issues and legal issues related to recovering from the fires. It also provides information about additional recovery resources available from United Policyholders, including a mentor program, online discussion forums, and videos of previous recovery meetings available on their website.
The document summarizes assistance programs available to individuals affected by wildfires in Southern California, including those provided by FEMA, SBA, and local legal organizations. It lists several FEMA assistance programs that provide money, crisis counseling, legal services, and unemployment benefits to disaster victims. It also provides contact information for SBA customer service and the American Red Cross volunteer lead for individual services. Free legal assistance is available to wildfire victims through a joint program of local bar associations that can help with insurance, landlord-tenant, and employment legal issues.
The document announces upcoming Roadmap to Recovery meetings in May and June 2008 focusing on rebuild options, a special mixer event, fund control and legal issues. Contractors will present their approaches to rebuilding at the May 15th meeting. A variety of insurance company breakout sessions will also be available after the presentation.
The document also provides pricing specifications from Gaitaud Construction for custom homes built for fire survivors, including fixed pricing, standard features, and additional costs for extras. Home sizes of 2000-3250 square feet plus garage are estimated to cost $376,000-$529,660.
The document provides information about upcoming meetings and presentations for fire survivors, including invitations to a supper and presentations on income taxes, living with wildfire, and when litigation is necessary in insurance claims. It also summarizes discussions from a previous meeting on developing an independent scope of loss to assess insurance claims and working with contractors.
The document summarizes a meeting to provide information to community leaders and fire survivors about recovering from the October 2007 wildfires in Rancho Bernardo, California. It discusses upcoming educational events on insurance claims and FEMA assistance. It provides tips for navigating the insurance claims process, including documenting losses, getting independent estimates, and hiring professionals if needed. It emphasizes the importance of networking with others in similar situations.
The document summarizes a meeting of the Roadmap to Recovery group on November 6, 2008 about landscaping issues after a wildfire. It includes presentations from Karen Reimus on legal issues, a survey on resolving 2007 wildfire insurance claims, and speakers on landscaping topics - Jim Kuhlken on his experience rebuilding after the Cedar Fire, Steve Lansker on selecting contractors and designing landscaping, and Eddie Villavicencio from the City of San Diego Fire Department. The meeting concluded with breakout sessions.
Columbia Theological Seminary is located in Decatur, Georgia and was founded in 1828. It has 413 students and 28 faculty. The seminary offers Master's and Doctoral degrees to prepare students for ministry, including a Master of Divinity, Master of Arts in Theological Studies, Master of Theology, Doctor of Ministry, Doctor of Educational Ministry, and Doctor of Theology in Pastoral Care and Counseling. Columbia also offers a joint Master of Divinity/Master of Science in Urban Policy Studies degree with Georgia State University.
The Redistricting Committee recommends against initiating the redistricting process due to substantial costs and challenges. Redistricting would require amending the Community Declaration, which involves legal and procedural hurdles including obtaining approval from 67% of lot owners, sub-associations, first mortgagees, and potentially bond holders. Failure to gain these approvals could allow pursuing judicial approval but with unknown legal costs and outcome. The report details 10 steps in the redistricting process and identifies legal questions that would need to be addressed.
Southwest Florida Attorneys Amanda Barritt and Shannon Puopolo of Henderson Franklin provided a spring legislative update and practical information for Community Associations on such issues as gate security, homeowner bankruptcy, collections, new electronic voting rules and pet accommodations (Note that the Proposed Legislation did not pass)
Getting the Vote: What it Takes to Change Your CC&R'sBeth Mulcahy
Mulcahy Law Firm, P.C. puts together an easy, 5 step plan for amending your Community Association documents. Reserve Funds are also discussed, including how to make, keep, and grow your community association's investments.
The document outlines several policies for the Willowbriar Homeowners Association, including policies for adopting and amending policies/rules, addressing disputes, architectural guidelines, enforcing covenants and rules, inspecting records, investing reserve funds, collecting unpaid assessments, handling conflicts of interest, and conducting meetings. The policies describe the procedures and guidelines that the HOA and Board of Directors must follow.
04 redevelopment road map - prior to 1st sgmspandane
1) The document outlines the steps a housing society should take before convening a special general meeting to discuss redevelopment. This includes conducting structural audits, studying development plans and rules to understand available FSI, surveying the plot, obtaining quotes from project management consultants, addressing legal questions around the approach road, and issuing photo IDs to members.
2) Societies should also survey redeveloped neighboring societies, obtain member feedback, and appeal for volunteers. The meeting should be properly notified and ensure quorum through ward volunteers. Voting would be done by secret ballot.
3) The goal is to be well informed and prepared on all legal and planning aspects impacting redevelopment before discussing this major decision at the special
10 flow chart - redevelopment decision - business to be transacted at 1st sgmspandane
1. The document outlines the process for a cooperative housing society in Maharashtra, India to decide on redevelopment of its building. This includes convening a special general body meeting where at least 1/4 of members can submit a redevelopment proposal.
2. At the meeting, members will select an architect from a government panel to prepare a project report, decide whether to redevelop, and if so select the architect to oversee the project.
3. The architect will then survey the land and building, consider development rules and member suggestions, and prepare a project report within two months for the committee's review.
Implications of 2015 Amendments to the Federal Rules of Civil ProcedureWinston & Strawn LLP
During this eLunch, we reviewed the practical implications of the upcoming changes to Rule 26(b) regarding the scope of relevance and proportionality and also focused on the new national uniform standard under Rule 37(e) for the implementation of curative measures and/or sanctions for the failure to preserve relevant electronically stored information.
This interactive webinar was presented by Winston & Strawn eDiscovery & information governance practice chair John Rosenthal and senior eDiscovery attorney Christopher Costello. Mr. Rosenthal was intimately involved in the rules amendment process and testified before the Advisory Committee on several occasions.
This document argues that the existing statutory powers of strata entities are sufficient and do not require expansion. It outlines the main powers that strata entities have under New South Wales legislation to control and manage common property. These include powers related to owning common property, making by-laws, carrying out work, collecting fees, and taking legal action. It argues that conditioning some powers and requiring procedures like resolutions helps balance individual and group interests. Therefore, legislative reform is unnecessary as strata entities can address changing needs through by-law making powers.
02 directive of maharashtra co-operative housing society (notification) dt....spandane
This document outlines directives for the redevelopment of buildings by cooperative housing societies in Maharashtra, India. It establishes procedures for societies to convene meetings where members can provide input on redevelopment plans. It requires transparency in hiring architects, consultants, and developers. It also mandates agreements between societies and developers that protect member interests and establish timelines for completion. The directives aim to address past complaints and establish standardized processes for cooperative housing redevelopment.
Dispute resolution boards (DRBs) provide an alternative dispute resolution process for construction disputes. Contracts will typically include provisions requiring the parties to establish a DRB and refer disputes to the DRB for a recommendation. DRBs work in a two-stage process, first aiming to prevent issues from escalating through regular meetings, and then providing formal written recommendations if disputes are not resolved. Using a DRB process would generally satisfy pre-action protocol requirements for attempting dispute resolution. While DRBs involve costs for the board members, these costs are much lower than the potential costs of full litigation for construction disputes.
The document provides notice of a special joint meeting of the City Council and Development Corporation of San Angelo, Texas to be held on January 22, 2012 at 9:00 AM at the McNease Convention Center. The agenda includes consideration and possible action regarding the Development Corporation's administrative procedures, including purchasing procedures, project approval levels, and establishing a more efficient means of obtaining Council approval for multiple project phases. The notice provides location details and accessibility information for the meeting, as well as instructions for requesting assistance or commenting.
Impact of Recent Condo Legislation and Changes to Condo Questionnaire| James...jamesmarx9
The effects of the collapse of the Surfside Champlain Towers have led to recent adjustments. Read this changes to the condo questionnaire and the effect of recent condo legislation
Missionaries are called to share through words and actions the message that Jesus reconciles people to God and each other, proclaim that Jesus died to free people from sin and death, and invite and call all people to worship and serve God by believing in and following Jesus as their savior.
Jesus commands his disciples to go forth and make disciples of all nations by baptizing them and teaching them to obey Jesus' commands. They are to proclaim the good news to the whole world and those who believe and are baptized will be saved. Jesus promises the disciples that they will receive power from the Holy Spirit and will be witnesses in Jerusalem, Judea, Samaria, and to the ends of the earth. Jesus also teaches that those who care for the hungry, thirsty, strangers, naked, sick, and imprisoned will inherit the kingdom of God.
The Missions Committee is composed of volunteers who advocate for the church's missions and interested congregation members. The committee is advised by the Missions Pastor and led by a Chairperson selected by the Pastor. The committee generally meets on the first Tuesday of the month at 6:30pm in the church Library. It can be contacted via email at missioncommittee@rbcpc.org or by leaving a note in their mail slot. The document then lists the current committee members.
This document outlines the criteria that a church considers when evaluating requests from missionaries or ministries to become a recognized Mission of the Church. The church looks for evidence of accessibility, fiscal prudence, commitment to serving Jesus Christ, competency demonstrated through past work, a focus on evangelism, proper equipping through experience, cultural sensitivity, reliability, and accountability.
The Missions Committee of RBCPC aims to lead the congregation in responding to Jesus' commission to spread the Good News of Christ. At an individual level, the committee fosters programs to raise awareness of and participation in local, regional, national, and international mission projects to promote spiritual growth through personal experience. At a corporate level, the committee identifies and supports mission projects led by congregants that meet its criteria and share the gospel.
This document outlines the principles that govern the actions and decisions of an organization. They are guided by spreading the gospel as directed in the Bible, humbly serving under God and the Holy Spirit, being of service to those in need as taught by Jesus, and serving with integrity and transparency in their use of financial resources.
Our Values guide decisions about which Church Missions to support annually with time, talent, energy and treasure. We pray for God's guidance, select Missions where we can make a significant difference and help them become independent, and choose Missions that share the good news and model Christ's love. We aim to develop personal relationships with partners and favor Missions with advocates actively involved in the work and with our Committee.
The documents discuss the missionary call to share the good news of Jesus Christ through word and deed, make disciples of all nations, and serve those in need. They establish a missions committee to lead the congregation in global and local witness and service, guided by biblical principles and focused on evangelism and partnership. The committee evaluates potential mission partners based on clearly demonstrated commitment, competency, cultural sensitivity, accountability and financial prudence.
Columbia Theological Seminary is located in Decatur, Georgia and was founded in 1828. It has 413 students and 28 faculty. The seminary offers Master's and Doctoral degrees to prepare students for ministry, including a Master of Divinity, Master of Arts in Theological Studies, Master of Theology, Doctor of Ministry, Doctor of Educational Ministry, and Doctor of Theology in Pastoral Care and Counseling. Columbia also offers a joint Master of Divinity/Master of Science in Urban Policy Studies degree with Georgia State University.
Theological education for Presbyterian seminaries is primarily funded through annual contributions from Presbyterian congregations to the Theological Education Fund (TEF) of the PC(USA). The TEF is comprised of funds contributed by congregations on an annual basis, with each congregation expected to contribute 1% of its operating budget to support denomination-wide funding of Presbyterian seminaries. A committee elected by the General Assembly allocates TEF funds each year among the seminaries according to a developed formula.
This document provides information from a June 26, 2008 meeting for 2007 wildfire survivors in Rancho Bernardo, California. It discusses legal issues related to insurance claims, including requirements for insurers under California law regarding replacement cost payments for policyholders who want to purchase a new home rather than rebuild. The document also addresses issues like underinsurance, claim settlement offers, and the results of a survey on claim statuses. United Policyholders and other groups provided resources and support for survivors navigating the recovery process.
This document provides information from a June 5, 2008 meeting in Rancho Bernardo, California for survivors of the 2007 wildfires in Southern California. It discusses fund control and construction disbursement services from First American Fund Control, the pros and cons of acting as your own general contractor based on one survivor's experience, and announcements for upcoming recovery meetings. Breakout sessions were also scheduled to provide more targeted information from various insurance companies.
The document announces an evening event on May 28th called "Roadmap to Recovery: Special Evening of 'Inspiration'" to provide encouragement to fire survivors. The event will include welcome and introductions by Sheri Woodley, guest speakers Margie and Ken Blanchard on guided imagery, special music from Pam Cypel and Jeannie McCoy, and breakout sessions in different rooms for various insurance companies.
The document summarizes resources and support for survivors of the 2007 Southern California wildfires, including a roadmap to recovery meeting discussing post-disaster legal issues. It also provides information on fund control and construction oversight services, vendor discounts for rebuilding supplies, and the pros and cons of acting as your own general contractor during reconstruction.
The document announces a special evening event on May 28th, 2008 called "Roadmap to Recovery: Inspiration" for fire survivors. It provides details on upcoming Roadmap to Recovery meetings on June 5th and June 29th discussing various rebuilding topics. The May 28th event will include welcome remarks, guest speakers, guided imagery, music, and breakout sessions by insurance companies.
The document summarizes a meeting about landscaping issues after wildfires. It provides tips on hiring landscape contractors and architects, including checking their licenses and references. It emphasizes the importance of planning, budgets, maintenance, and clear communication with contractors. Breakout sessions were scheduled for attendees to share rebuilding experiences.
The document summarizes recovery efforts from the 2007 Witchcreek Fire anniversary and the Fire Recovery Ministry's mission to help fire survivors. It provides an overview of the ministry's programs that link existing services with new ones to meet the short and long-term needs of survivors. The programs include educational series, practical support, resale shops, food and music ministries, and carpenter's ministry to help restore lives, homes, and communities impacted by the fires.
RBCPC commemorates the anniversaries of the 2007 Witchcreek Fire and 2003 Cedar Fire. The Fire Recovery Ministry aims to help survivors with physical, emotional, and spiritual needs in the short and long term through existing ministries, new programs, and a core team. The ministry overview outlines volunteers, care coordinators, and programs providing practical support, education, liaison services, and rebuilding assistance to fire survivors.
The document summarizes an interior design breakout session that was part of a larger meeting about rebuilding after wildfires. It provides information on interior design and working with an interior designer, including education, fees, questions to ask designers, and the design process. Contact information is provided for an interior designer, Jill Winninger, who is available to meet with attendees.
The Roadmap to Recovery Meeting 19 provided information about protecting legal rights around the one year anniversary of disasters like wildfires. It discussed sending a letter to your insurer to preserve the right to file a lawsuit. The meeting also covered statutes of limitations and how to request an extension in writing. Attendees learned about investigating alleged overcharging by contractors after the 2007 wildfires in San Diego. Upcoming events were announced for support and information.
More from Rancho Bernardo Community Presbyterian Church (20)
1. SoCal 2007 Wildfire
Roadmap to Recovery:
Interfacing with an HOA after a total loss;
Meeting 17: July 17, 2008
Rancho Bernardo Community Presbyterian Church
www.unitedpolicyholders.org
Karen Reimus
reimus1@aol.com
2. Mark your calendar for upcoming
Roadmap to Recovery meetings…
Thursday, July 31: Integrating fire-resistant
technology/techniques into your rebuild
August - Insurance interest group meetings only
Thursday, August 14
Thursday, August 28
Thursday, September 11: Pre-1st Year Fire
Anniversary Legal Issues
3. Additional Support Resources from United
Policyholders to Help You Navigate the
Catastrophic Property Loss Recovery Process:
Disaster Recovery Mentor Program
Previous catastrophic loss survivors are available to provide emotional
support and “real-life” insight about recovering from a catastrophic property
loss. For more information, e-mail Karen Reimus at
karen@unitedpolicyholders.org;
“Survivor to Survivor” Listserve
A restricted listserve for ‘07 Firestorm Survivors only. It provides a
convenient means of sharing valuable information with others who are
similarly situated. For more information, e-mail Karen Reimus at
karen@unitedpolicyholders.org;
“Ask An Expert” On-line Forum
A restricted on-line forum where 2007 Firestorm Survivors can easily obtain
answers to disaster recovery-related questions from experts in the field.
Forum participants can direct questions to: 1) an attorney, 2) a claims
handling professional, or 3) a previous catastrophic loss survivor. For more
information, e-mail Emily Cabril at emily@unitedpolicyholders.org.
4. Videos of Roadmap to Recovery
Meetings Now Available…
Previous Rancho Bernardo Roadmap to Recovery
meetings may now be viewed as videos at the
United Policyholders website
To view previous meetings, go to
www.unitedpolicyholders.org. On the homepage, at the
top left corner. It says, "'Roadmap to Recovery'
Watch and listen to live videos". Click on that verbage
and you will be directed to a page that lists the previous
Roadmap to Recovery meetings
From there, simply click on the meeting date/topic that
you want to view. Download time for the videos varies
depending on computer and internet connection
6. Jan Rasmussen, RB United will distribute
Going home one step at a time
Celebrating along the Road Home:
Ideas and Encouragement for 2007 Fire Survivors
from Cedar Fire Survivors,
United Policyholders, and RBCPC
7. The Fine Print…
The information provided in this program is intended
for general educational purposes only. It should not
be construed as legal advice.
The speakers at today’s program are volunteering their
time as educators.
Neither United Policyholders nor the Rancho Bernardo
Community Presbyterian Church endorse or warrant the
quality or services of any volunteer speakers.
8. Roadmap to Recovery Series:
Successfully Navigating Your Homeowners
Association’s Architectural Review Process
9. Speaker:
Luis E. Ventura, Esq.
LAW OFFICE OF LUIS E. VENTURA
4190 Bonita Road, Suite 206
Bonita, CA 91902
Phone: (619) 479-7333
Fax: (619) 479-7322
Email: Luis@Luisventuralaw.com
10. Speaker Profile:
Luis E. Ventura was admitted to practice law in California in 1995 and
concentrates his practice in homeowner association law throughout San Diego County
and beyond. Luis handles issues of homeowner association governance, architectural
review, litigation, monthly assessment collection, transactional matters, etc. He also
handles general civil litigation matters including malicious prosecution and defamation
related cases, among others. Luis is past chair of the San Diego County Bar
Association’s Construction Law section and has served on the San Diego County Bar
Association’s Legal Ethics Committee since 2002. He also reviews law firm promotional
and advertising materials (brochures, web pages, etc.) for ethical concerns.
11. I. The Bad News:
a) Almost all associations have a Declaration of Conditions, Covenants and
Restrictions (CC&Rs) that provide for architectural control/review, i.e., limiting
your right to have your castle look the way you want.
b) A small group of people—the Architectural Review Committee (ARC)—who do not
own your home/lot can use their subjective views, in addition to objective
requirements, in determining whether to approval/disapprove your plans. (See,
e.g., Clark v. Rancho Santa Fe Assn. (1989) 216 Cal.App.3d 606.);
c) Courts will not overturn an ARC’s denial of architectural requests unless there has
been a patent abuse of discretion, i.e., only if the ARC has acted arbitrarily,
capriciously, or in bad faith. (Dolan-King v. Rancho Santa Fe Assn. (2000) 81
Cal.App.4th 965, p.979.) Courts are to generally defer to the ARC’s decisions and
are not to substitute their own judgment in place of the ARC’s. (Ibid.)
d) Most CC&Rs, even in single family detached neighborhoods, do not expressly deal
with complete losses and the rebuilding of an entire home.
e) Complete rebuild provides greater likelihood of disagreements.
12. II. The Good News:
a) Despite what Michael Turko would you have you believe, the vast majority of
associations are not out to stick it to the owners.
b) With knowledge of the process, a “let’s work together” attitude, and an understanding of
the ARC’s point of view, you should be able to navigate the review process successfully.
III. The Steps:
a) Educating yourself: read all architectural provisions in the CC&Rs and in any
architectural guidelines line by line.
b) Conceptual Plan: Some CC&Rs require a review of conceptual plans before the review of
detailed plans. Even is no conceptual review required, first submit such plans weeks
ahead of time and ask to meet with ARC to discuss any preliminary
issues/concerns/thoughts.
i) let ARC know you are nice people; have the better communicator
be the point of contact;
ii) that you want to follow the rules;
iii) that you understand they might have some things they are concerned about;
13. c) Plan Submission:
i) Detailed submission with all relevant information and correct
number of copies; use the association forms in architectural
guidelines;
ii) personally deliver plans; alternatively, call to confirm receipt and to ask whether
any questions/comments or additional information you can provide;
d) The Decision:
i) What does ARC typically consider?
CC&Rs will often set forth: color, finishes, size, location, conformity
with rest of neighborhood**, etc.
ii) Consideration of views permissible? Some CC&Rs expressly allow
for this. Law generally does not provide any protection for views;
iii) Was decision timely made? Most CC&Rs have automatic approval provisions if
ARC fails to deny within 30/45 days. Newer CC&Rs (last 8 years or so) have
automatic denial provisions;
iv) Decision must be given in writing including explanation why submission was
disapproved and description of procedure for reconsideration by Board (section
1378(a)(4)).
14. e) Appeal to the Board:
i) Right to appeal set forth in CC&Rs?
ii) Right to appeal in open meeting of Board now provided by statute (section
1378(a)(5)); no such right if original decision made by Board or by body
(e.g., ARC) with same membership as Board if decision was made in open
meeting.
f) Use of Internal/Informal Dispute Resolution Procedure (IDR)
(section 1363.810 et seq.)
i) all associations must have written IDR procedures; if none, default
statutory procedure applies (section 1363.840);
ii) at minimum, IDR must provide:
A) request to use IDR to be in writing;
B) if owner requests, association must accept; if association
requests, owner has option of declining;
C) prompt deadlines, including time to respond to request;
D) any resolution made in IDR binds association so long as not in
conflict with the law or the governing documents;
E) owner not to be charged a fee.
15. IV. Common Owner Complaints:
a) Large Deposit/Fee for Plan Review:
i) How to address?
A) Is this authorized by CC&Rs or architectural guidelines?
B) Is it a written rule?
1) all “operating rules” and changes thereto (Civil Code
section 1357.100(a) and (b)) must be in writing and must be
“reasonable,” in addition to other requirements (section
1357.110(a-e));
C) Was amount properly established by following procedure for
adoption of rules? Following applies to rule changes commenced
on or after January 1, 2004; not affect anything that predates
this:
1) applies to “[u]se of a separate interest [i.e., your
home/lot], including any aesthetic or architectural standards that
govern alteration of a separate interest” (section 1357.120(a)(2))
and to
“[a]ny procedures for reviewing and approving or disapproving a
proposed physical change to a member's separate interest or to
the common area.” (Section 1357.120(a)(6));
16. 2) did Board provide owners with at least 30 days
written notice of rule adoption/change along with
actual text of rule and explanation of its effect?
(Section 1357.130(a-e));
3) Reversal of rule by owners? Takes a petition
signed by 5% of homes to hold a vote of all
membership on whether to veto rule. If majority
of quorum votes to revoke rule, it is revoked and
Board may not readopt it for at least one year
thereafter. (Section 1357.140(a-h).)
D) Will the Board/ARC waive the fee or allow it to be paid over
time?
1) Does the Board/ARC have authority to do so?
2) If not, will it seek amendment of CC&Rs to give it
such authority or change rule/guideline re fee?
3) Unite affected owners and push for CC&R
amendment to prohibit the charging of such a fee?
E) Is your homeowners insurance carrier obligated to pay for
the fee in that it is necessary for rebuilding, just like a permit
fee?
17. b) Imposing Strict Building Guidelines:
i) Height limitations, minimum size, etc.
ii) How to address?
A) All of the same procedures regarding architectural
rules addressed above apply here as well;
B) Association must allow Fire Retardant Roof Coverings
for homes located in a “very high fire severity zone,” as
designated by the Director of Forestry and Fire
Protection or by a local agency. Cannot require the
installation/repair of roof that would violate Health and
Safety Code section 13132.7 which allows for use of roof
material that is “at least class B as defined in the Uniform
Building Code, as adopted and amended by the State
Building Standards Commission.” (Civil Code section
1353.7(a-b).)
C) Guidelines cannot prohibit or have effect of prohibiting
use of low water-using plants as a group. (Section
1353.8.)
18. V.…and
V.…and When All Else Fails…Litigation:
a) A bad resolution is often better than a good lawsuit.
b) Pre-litigation offer of alternative dispute resolution
(ADR): with minor exceptions, prior to filing suit for
enforcing CC&Rs, guidelines, etc., one must offer ADR;
normally mediation is offered, but arbitration can also be
used.
19.
20. Roadmap to Recovery: July 17th, 2008
Interfacing with an HOA after
a total loss
David R Shalinsky, PhD
drshalinsky@aol.com
21. Background in
Whispering Ridge Home Owners Association
Homeowner
1994 – present
Member, Board of Directors
1996 – 2005
Member and Chair, Architectural Committee
1999 – 2005
Cedar Fire Rebuild 2003 - 2005
22. Rebuilding after Fire Disaster
is an Unusual Time
Loss of control
Emotions are raw
Finances in upheaval
Insurance blues
Short fuses
You know the drill…..
23. HOA Governance
CC&Rs
Covenants, Conditions & Restrictions
Board of Directors
Rules & Regulations
Architectural
Other Committees
Committee Landscape, Pool, etc
Architectural Review
24. Understand Jurisdiction
Use of Land (buildable pad) City (PRD)
Approval of Building Permit City (PRD)
Esthetics, Look of home Arch Committee
Exterior landscaping and hardscaping included
Key concept = harmonious with neighborhood
31. Some Assumptions
You signed on…. I signed on
Your HOA is in uncharted waters
Welcome to the club
Volunteers are generally civic-minded
Common commitment to restoration
32. CC&Rs Architectural Control
The Architectural Committee shall have the right
and duty to promulgate reasonable standards on
which to examine any request made pursuant to
this Article, in order to ensure that the proposed
plans conform harmoniously to the exterior
design and existing materials of the
Buildings in the Project.
37. WRHOA Policy after Cedar Fire
Kept the same Arch Review process
Each HO was responsible for own application
Architectural application
Architectural review & decision
Right to appeal to Board
Goal to maintain similar nature of homes
hips and gables
roofing “wood-like appearance”
general colors (earthtones)
Understood & embraced rebuilding of new custom neighborhoods
Flexibility on: Stucco, Stone, Siding
38. WRHOA Policy after Cedar Fire
Waived architectural review fees
Sought and procurred pro bono architects
Expedited review & personal service
All members of Arch Committee lost home
Met weekly for 7 months, biweekly thereafter
Courier of plans to and fro
Personal interactions w/ Building Dept
Expedited approval after full review/comments
39. Examples of ‘Harmony’
Goal was to build homes with similar
esthetic features to original
Working with custom, merchant builder
and pro bono architects
59. Specific Examples around
Home Color
Mis-communication: Change in Roofing
color led to changed color of house
Lack of communication: Color of house
Good communication: Color of house
60. What could have gone better
There is no blueprint for rebuilding after disaster
CC&Rs do not address specific esthetic features
Architectural Committee approved a few unique
homes based on lack of experience and/or intent
of a few homeowners
A few homeowners didn’t play by the rules
City and HOA didn’t set up an up front policy on
the use of the buildable pad
Many homes have too little yard space
Landscaping issues
62. What went well
>97% (163/168) homes achieved desired
harmonious results SUBJECTIVE
Most homeowners rebuilt homes recognized as
beautiful or tasteful SUBJECTIVE
Most homes rebuilt by 2 yrs
Lovely custom neighborhood arose
Great sense of satisfaction among Architectural
Committee members & community
63. Inside Scoop:
Architectural Committees & Boards turn
over inconsistency over time
An example of almost any architectural feature
may exist in your HOA
Architectural features may or may not have been
approved
- May have been,May have been installed without approval,
May be a mistake
Regardless, does it pass the “harmony test?”
SUBJECTIVE
64. Summary
You’re a full member of the HOA exists to serve you
Work with your Arch Committee in good faith
“Harmonious construction” is subjective and not defined
by CC&Rs
Rules and Regulations evolve over time
You should not have to rebuild a home with dated
designs, materials or features
You should be able to add designs, materials, and features within
the framework of ‘harmony’
Your HOA must follow the CC&Rs and you therefore
need to know yours
65. Summary
Advocate on your behalf
Appeal Arch Committee decisions to the
Board of Directors
Avail yourself of pro bono legal advice
if necessary
HOA doesn’t want to be liable for wrong
doing
68. Mark your calendar for upcoming
Roadmap to Recovery meetings…
Thursday, July 31: Integrating fire-resistant
technology/techniques into your rebuild
August - Insurance interest group meetings
only
Thursday, August 14
Thursday, August 28
Thursday, September 11: Pre-1st Year Fire
Anniversary Legal Issues
69. Break Out Sessions
State Farm : Dormer West
Farmers : Skylight West
Allstate : Upper Courtside East
USAA: Small room off lobby