community association legislative update green issues-collections strategies-lerch early

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The document summarizes a presentation for community associations on legislative updates, green issues, and innovative collection strategies. It discusses new laws in Maryland affecting condo and HOA liens, board elections, insurance requirements, and smoking bans. It also covers emerging trends in green statutes and practices. Finally, it lists collection methods available to associations like suspending privileges, adopting policies, and collecting information early to get paid before other creditors. The presentation was given by three lawyers from Lerch, Early & Brewer, Chtd. on issues important to community associations.

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ideas that workfor community associations October 6, 2011 Legislative Update, Green Issues and Innovative Collection Strategies Jeremy Tucker  Jason FisherRuth Katz Lerch, Early & Brewer, Chtd. www.lerchearly.com

Legislative Update Green Issues Collection Strategies Q&A Overview 2

New Laws as of October 1 Priority Lien Portion of condo/HOA lien has priority over mortgage claim HOA Board Election Disputes may go to Maryland Attorney General Condo Insurance Amendment Only 51% of owners' approval needed to require insurance 3

WSSC Mixed-Use Billing Changes Classification: “high flow” Options Pay higher rate Install sub meter Seek waiver 4

Update on Smoking MoCo ban on smoking in hallways, laundry rooms, lobbies and other indoor common areas of multi-family homes and playgrounds, including HOA playgrounds Law covers apartments and condominiums Must post signs 5

Green Issues What is green? Renewable resources Reducing footprint 6

Green Statutes § 2-119 of Real Property Article – Solar Panel §14-130 of the Maryland Real Property Article Section 40-3A of Montgomery County Code Renewable Energy Devices 7

Innovative Collection Strategies Collection trends How to get paid before other creditors 10

What Methods Are Available? Review governing docs Suspension of privileges Form leases for investor owners Adopt & implement policies Collect information early 11

Speakers 12 Jeremy Tucker represents community associations and condominiums in a wide range of matters, including general counsel and litigation. jmtucker@lerchearly.com Jason Fisher provides skilled representation to community and homeowners associations, condos and co-ops and is recognized as a leader in the community associations field. jefisher@lerchearly.com Ruth Katz represents community associations in a variety of litigation matters. rokatz@lerchearly.com (301) 657-0157 (301) 657-0743 (301) 657-0188

For more information 13 Lerch, Early & Brewer, Chtd. 3 Bethesda Metro Center, Suite 460 Bethesda, MD 20814 (301) 986-1300 www.lerchearly.com Thank you for your participation

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2 CHAPTER 1: Sources of the Law and the Court System CHAPTER 2: Torts CHAPTER 3: Criminal Law Unit I The Legal Environment of Business rog80328_01_c01_001-026.indd 2 9/20/16 11:18 AM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. 3 T he study of law as it affects business is essential for every businessperson. We live in the most litigious society on earth. As a result, business owners, managers, and employees need to have an awareness of legal issues that affect business as well as a solid grasp of basic legal principles so that they can spot potential problem areas and seek expert legal advice before problems grow into costly and time-consuming impediments. The question most persons involved with business need to ask is not whether they are ever likely to be involved in litigation, but rather when they are likely to encounter it. Conse- quently, awareness of basic legal principles is probably the best (and cheapest) risk management tool available to any businessperson. Indeed, an employee who fully understands basic legal principles and can recognize potential legal problems before they arise can be a company’s greatest asset. In Unit I we begin our journey into practical legal training by examining the sources of American law and our court system, as well as the basic principles of tort and criminal law. rog80328_01_c01_001-026.indd 3 9/20/16 11:18 AM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. rog80328_01_c01_001-026.indd 4 9/20/16 11:18 AM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. 5 Chapter Overview Sources of the Law and the Court System Learning Objectives After studying this chapter, you will be able to: 1. Distinguish between common law and civil law. 2. Describe the structure and function of both state and federal courts. 3. Define jurisdiction and its implication. 1 1.1 Sources of the Law • The Civil Law Tradition • The Common Law Tradition • Constitutional Law • Statutory Law • Administrative Law 1.2 The Courts • State Court Systems • The Federal Court System • Jurisdiction: The Power to Decide a Case 1.3 Chapter Summary • Focus on Ethics • Case Study: Snyder v. Phelps • Case Study: Citizens United v. Federal Election Committee • Critical Thinking Questions • Hypothetical Case Problems • Key Terms iStockphoto/Thinkstock rog80328_01_c01_001-026.indd 5 9/20/16 11:18 AM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. 6 CHAPTER 1Section 1.1 Sources of the Law Law, distilled to its essence, can be described as rules of conduct decreed and enforced by government for the benefit of its citizens. Laws are by no means the only type of rules that regulate conduct. A restaurant may require patrons to wear ties and jackets when dining in its premises, a college professor ma.

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community association legislative update green issues-collections strategies-lerch early

1. ideas that workfor community associations October 6, 2011 Legislative Update, Green Issues and Innovative Collection Strategies Jeremy Tucker  Jason FisherRuth Katz Lerch, Early & Brewer, Chtd. www.lerchearly.com

2. Legislative Update Green Issues Collection Strategies Q&A Overview 2

3. New Laws as of October 1 Priority Lien Portion of condo/HOA lien has priority over mortgage claim HOA Board Election Disputes may go to Maryland Attorney General Condo Insurance Amendment Only 51% of owners' approval needed to require insurance 3

4. WSSC Mixed-Use Billing Changes Classification: “high flow” Options Pay higher rate Install sub meter Seek waiver 4

5. Update on Smoking MoCo ban on smoking in hallways, laundry rooms, lobbies and other indoor common areas of multi-family homes and playgrounds, including HOA playgrounds Law covers apartments and condominiums Must post signs 5

6. Green Issues What is green? Renewable resources Reducing footprint 6

7. Green Statutes § 2-119 of Real Property Article – Solar Panel §14-130 of the Maryland Real Property Article Section 40-3A of Montgomery County Code Renewable Energy Devices 7

8. What’s Covered? 8

9. Emerging Trends 9

10. Innovative Collection Strategies Collection trends How to get paid before other creditors 10

11. What Methods Are Available? Review governing docs Suspension of privileges Form leases for investor owners Adopt & implement policies Collect information early 11

12. Speakers 12 Jeremy Tucker represents community associations and condominiums in a wide range of matters, including general counsel and litigation. jmtucker@lerchearly.com Jason Fisher provides skilled representation to community and homeowners associations, condos and co-ops and is recognized as a leader in the community associations field. jefisher@lerchearly.com Ruth Katz represents community associations in a variety of litigation matters. rokatz@lerchearly.com (301) 657-0157 (301) 657-0743 (301) 657-0188

13. For more information 13 Lerch, Early & Brewer, Chtd. 3 Bethesda Metro Center, Suite 460 Bethesda, MD 20814 (301) 986-1300 www.lerchearly.com Thank you for your participation

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