Welcome to Ungated

I was interested to see Fed Chair Ben Bernanke downplay the overall affect of continuing issues with sub-prime loans and lenders on the overall economy.  In yesterday's testimony to Congress, Bernanke said the growing troubles in the market for risky mortgages thus far doesn’t appear to be spreading to the overall economy. “At this juncture ... the impact on the broader economy and financial markets of the problems in the sub-prime markets seems likely to be contained,” he said.

The full AP article can be found at: http://www.msnbc.msn.com/id/17831069/

Registering for CAI's 56th National Conference and Exposition couldn't be easier.  Just go to our conference page to register online with your credit card or to download a copy of the registration form and mail it in if you would prefer to pay by check.

And if you register by March 30th you qualify for an early bird discount of $50 off the full registration fee. 

The exhibit hall is sold-out, the speakers are polishing their presentations, and Vegas is ready for CAI.  I hope to see you there.  And don't forget to check out the conference blog to preview the great speakers, get into the groove, and review some Rat Pack lingo.

Just a reminder that the hotel block for CAI's upcoming National Conference in Las Vegas expires tomorrow, Friday March 16th.  We ran out of rooms last week, but were able to get Ceasar's Palace to add some additional rooms to our block at the negotiated rate.  But after tomorrow the rate will increase and availability won't be guaranteed. 

So if you haven't made your room reservation yet, now is the time.

See you all in Vegas baby..........

Last year at CAI's National Conference in Palm Springs we tried something new.  A real-time blog about the conference as it was happening.  We were able to highlight sessions, post photos of all the fun, and generally provide a vehicle to get folks into the spirit of the event. 

And of course give significant consideration to Common Ground Editor Chris Durso's obsession with In-N-Out Burger.

Well, this year we are going to do it again (hopefully without the paeans to In-N-Out Burger).  In fact, we have already begun with information on the hotel, our exciting general session speakers, and of course some of the attractions of Las Vegas.  So check out the Live From Las Vegas blog today.

But that is some kind of scary moat.  Sorry, but I couldn't resist posting this.  Looks like a trip to the market will require Sherpas and you will need some kind of crazy 4-wheel drive to get the car in the garage.

Actually this homeowner in China was the sole holdout unwilling to sell to a developer for a new housing project.  You can read more about it here.

By now you probably are aware that AARP has recently published a policy paper on a so-called homeowners bill of rights.  Unfortunately it doesn't address the corresponding "responsibilities" homeowners have in a community association, or the costs and implications of implementation.  In addition, it attempts to prescribe a universal set of conditions that would apply to all associations, whether they had 2 units or 20,000.  A couple of other things that you might not know about this report:

-  As a product of AARP's Policy Institute, the paper does not represent official public policy for AARP, but is, as they have described to us, a document designed to initiate conversation about critical issues and bring together a variety of perspectives on critical issues.

- The paper was prepared by a homeowner advocate attorney in Texas, and not by AARP staff.  As you might imagine, there was very limited input from industry representatives including CAI, NAHB, the National Council of Commissioners on Uniform State Law (who drafted UCIOA and similar legislation) and others.

- AARP has not adopted the proposed Bill of Rights as an official legislative position, although the report has been sent to their state offices.

- Sadly, the paper also seems to intimate that mature Americans are incapable of managing their own affairs and protecting their own interests.  Personally, I think that seriously underestimates AARP's own members.

Yet the report raises some important issues and includes some potentially beneficial ideas on ensuring that communities serve all of their owners fairly, equitably, and harmoniously.

While we disagree on many of the details, we believe that this process can have positive outcomes.  The attached file contains our formal response to AARP regarding this paper, our offer to work with them to develop and deliver education specifically targeting their members, and suggested alternatives to ensure that all the members of an association are treated with respect and consideration.  I am pleased to note that the initial responses we have received from AARP staff regarding our proposals have been positive.

(Click on the paperclip icon below to access CAI's response letter to AARP in PDF format)

Just back from our 28th Law Seminar in New Orleans.  Developed in collaboration with CAI's College of Community Lawyers (CCAL), the Law Seminar provides a forum on emerging legal issues for over 320 attorneys, community managers, and other industry leaders.  Held this year in New Orleans, the event was also an opportunity to help that city in its continuing recovery from the damage of Hurricanes Katrina and Rita.  CAI donated a portion of every registration to Habitat for Humanity's Musicians Village housing project.

We were honored to have the opportunity to induct 11 new members into CCAL at this years seminar.  New inductees included:

*  Joseph J. Cusimano, Esq., Kaman & Cusimano, Cleveland, OH
*  Helio De La Torre, Esq., Siegfried, Riveria, Lerner, De La Torre & Sobel, Coral  Gables, FL
* Andrew G. Elmore, Esq., Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., Glen Allen, VA
* Lynn Krupnik., Esq., Ekmark & Ekmark, L.L.C., Scottsdale, AZ
* Jamie Lyons, Esq., Weissman, Nowack, Curry & Wilco, PC, Atlanta, GA
* P. Thomas Murray, Jr, Esq., Eads, Murray & Pugh, P.C., Indianapolis, IN
* Charles A. Perkins, Jr., Esq., Perkins & Anctil, P.C., North Chelmford, MA
* Kelly G. Richardson, Esq., Richardson & Harman, LLP, Pasadena, CA
* James H. Slaughter, Esq., Forman Rossabi Black, PA, Greensboro, NC
* Wilbert Washington, Esq., Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., Fairfax, VA
* Alan P. Young, Esq., Young & Haros, LLC., Stroudsburg, PA

Pictured below are the 2006-2007 CCAL inductees along with CCAL Dean George Nowack and Law Seminar Chair Jeff Van Grack.

The highlight of the event (at least for this non-attorney) was the luncheon presentation by Judge Andrew Napolitano, Fox News' constitutional law expert.  The judge addressed the issue of community associations as business entity vs. government actor in the context of the pending Twin Rivers case in New Jersey.  His presentation was controversial, though-provoking, relevant, and very entertaining, to say the least.  You can imagine his position on the New Jersey Appeals Court legislating new constitutional protections and limitations on private businesses and contracts from the bench.

Special thanks to the CCAL Board of Governors and especially to this years Law Seminar Chair, Jeff Van Grack, for putting together another stellar event.

A quick note on New Orleans for anyone thinking about a trip there.  The city was extremely inviting and accommodating to all of our members and guests.  The areas of the city typically frequented by tourists, including the French Quarter, Garden District, and Central Business District are fully open for business and effectively back to their pre-storm state.  While other areas of the city are still in major recovery mode, substantial visible progress has been made in the past 11 months since my last trip there.  We at CAI were proud to do our (albeit small) part in assisting with the city's recovery through our meeting.