Pennsylvania Bar Institute

The effects of the recession continue to reverberate in and through many aspects of the community association arena in Pennsylvania. Of the approximately 14,500 community associations located throughout the Commonwealth, each one has felt the impact of our down economy in one way or another. From the failed or abandoned development projects, to rising delinquencies and coping with aging infrastructure, to the new national guidelines for loan eligibility, our common interest communities are confronting unique and serious problems that require effective and creative solutions. In this interactive program, you will have an opportunity to dissect and digest a myriad of critical issues threatening the development and governance of condominium and homeowner associations in today’s marketplace and develop a keen understanding of those vital and creative solutions.

A "must" course for attorneys dealing with developers, lenders, municipalities, title companies, buyers and sellers and community associations who need to stay "up" on such legal issues in this "down" economy.

• 12:00 - 12:30
  • Check-in and lunch
• 12:30 - 1:30
  • Dealing with Failed or Abandoned Development Projects
    • Role of the lender, municipality and association after the developer walks from the project • Appointment and use of receivers • Rights and liabilities of the developer, builder, lender and other successors-in-interests • Creating and using master and/or sub associations
• 1:30 - 2:30
  • Lending Under the New National Guidelines
    • New FNMA, FHMLC and FHA underwriting guidelines and review process
    • Representing lenders, sellers and buyers and associations under the new guidelines • Eligibility requirements relating to presales, fidelity and hazard insurance, association assessments, non-residential space and legal document review • New risk factors associated with the eligibility of loans
• 2:30 - 2:45
  • Break
• 2:45 - 3:45
  • Addressing the Association’s Infrastructure
    • Improvements to vital and aging common areas, including roads, recreation centers, lakes, dams, detention basins and other storm water management facilities • Repair and replace of community water and sewer systems • Involvement of third party entities, including PENNVEST, the PUC, DEP and local municipal governments • Capital reserves and other sources of funding for common area improvements
• 3:45 - 4:45
  • Assessing the Status of Assessments
    • Liability of developers, lenders, buyers and sellers for unpaid assessments • Effective collection procedures and enforcement of judgments in a down economy • Liens and more liens: statutory liens, mechanics’ liens, mortgage liens and lien priorities • Bankruptcy in the community association