2019 REBA Annual Meeting & Conference
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.Monday, November 4, 2019.
Four Points by Sheraton
1125 Boston-Providence Highway (Rt. 1)
Norwood
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REBA's all-day 2019 Annual Meeting & Conference includes 10 hour-long, RIMCLE-accredited breakout sessions, as well as a networking luncheon and plenary session. To register, complete the form on the last page of the Conference Brochure and return it with payment to the REBA office.  You may also Register Online or by phone at (617) 854-7555. A few highlights of this program include…

 

Luncheon Keynote Address:

    ANNE KELLY

Anne L. Kelly, Esq. is the vice president of government relations and leads Ceres Policy Network, Business for Innovative Climate and Energy Policy (BICEP). She is an environmental lawyer with 25 years of combined experience in the private and public sectors. In the 1990s, she directed the Massachusetts-based Environmental Crimes Strike Force consisting of a multi-disciplinary team of legal and engineering professionals charged with bringing high-profile civil and criminal actions against environmental violators through the Massachusetts Office of the Attorney General.

 

Richard B. Johnson Award:

  CHRIS KEHOE

E. Christopher Kehoe, a member of the Real Estate and Development Group at Robinson & Cole, LLP, has over 30 years of experience as a commercial real estate lawyer, where he focuses his practice on real estate finance, acquisitions, sales and complex title.  Chris is a past president of REBA, as well as a current member and former chair of the Association’s Legislation Section, and a member of its Commercial Real Estate Finance Section, and Title Insurance & National Affairs Section.
 

CLE Credit:

The 2019 Annual Meeting & Conference has been approved by the RIMCLE for 240 minutes of general credits OR 60 minutes of ethics + 180 minutes of general credits. 
 

Breakout Sessions:

 
8:30 - 9:30 am
Room 101

11 am - 12 pm
Room 104

Orders of Conditions in Closings & Title Insurance Policies
Chiara Urbani LaPlume; Luke H. Legere; Michael E. Powers
Our panelists will discuss orders of conditions for work in or near jurisdictional wetlands, what they are, how to handle them in a closing, and what to include in your title insurance policy. Not sure what to do when you are representing a buyer or a lender and there is one on record that affects locus? Or how to take exception for one in a title insurance policy? Or when you absolutely have to have a certificate of compliance and when you might not need one?  Our speakers have the answers.
 
 
 
 
   
9:45 - 10:45 am
Room 101

11 am - 12 pm
Room 101

Managing Clients’ Funds and Avoiding Ethical Problems
Katherine L. Kenney; Jayne B. Tyrrell
Among the myriad subjects that lawyers launching practices must master are the intricacies of handling client trust accounts. Once you have landed the client and received an advance fee for your future services, ethics rules require you to maintain those funds in a client trust account. The panelists will discuss the requirements for handling client funds, including the use of IOLTA accounts and individual trust accounts. Our presenters will walk you through the basics of establishing and operating a client fund accounts, as well as some general best practices with some tips for avoiding common pitfalls.  Questions will be an important part of this breakout.
   
9:45 - 10:45 am
Room 103

11 am - 12 pm
Room 103

Traps for the Unwary: Avoiding Conveyancing Snares
Noel M. Di Carlo; Sara Ann K. Supple; Jonathan M. White
Traps for the Unwary: What you need to know when drafting and reviewing title documents: deeds, mortgages, divorces, trusts, foreclosures, probates - oh, my!  Avoid the traps conveyancers commonly fall into in their everyday practice.
   
8:30 - 9:30 am
Essex/Lenox

9:45 - 10:45 am
Essex/Lenox

Assessing Merger and Infectious Invalidity Just Got a Lot Harder
Kate Moran Carter; Nicholas P. Shapiro
Whether you are a transactional attorney or a litigator, real estate practitioners must know about the dual doctrines of merger and infectious invalidity in the area of zoning, because they can have a serious impact on development. Merger means that lots in common ownership or control are treated as a single lot in order to reduce or eliminate zoning nonconformities. Infectious invalidity means that once lots have merged, a property owner cannot create a conforming lot at the expense of a nonconforming lot; the nonconformity “infects” the conforming lot. The 2018 decision from the Appeals Court in Kneer v. Zoning Bd. of Appeals of Norfolk makes the common-control analysis considerably more complicated and difficult. This breakout will cover the dual doctrines of merger and infectious invalidity, the effect of the Kneer decision, and the issues left unresolved by Kneer.
   
11 am - 12 pm
Essex/Lenox
Chapter 40R – Smart Growth: A Path Toward Efficient Permitting
April Anderson; William Reyelt
Originally passed in 2004, Chapter 40R: The Smart Growth Zoning Overlay District Act encourages municipalities to adopt zoning that allows high density housing in smart growth locations. This breakout will review the ins and outs of the Chapter 40R statute (and the Chapter 40S companion statute) and provide an update on its utility in Massachusetts to date. The session will also evaluate how Chapter 40R streamlines the entitlement process of residential and mixed-use projects, and how to align state infrastructure programs to support smart growth development.
   
8:30 - 9:30 am
Tiffany A

9:45 - 10:45 am
Tiffany A

Foreclosures: Point Counterpoint - It's all in Perspective ~ Practical Skills Session 
Erika J. Hoover; Christine M. Provost
From the perspectives of foreclosure counsel and title underwriting counsel, our panelists will discuss the foreclosure process and underwriting title following a foreclosure sale, and how their differing points of view play out in practice.  The discussion will focus on selected foreclosure-related title issues, including review of off-record documents for marketable title, assignments and gap assignments, and what constitutes a complete chain, varied requirements for commercial versus residential foreclosures, and issuing certificates of title under M.G.L. c. 93, § 70 when you have a void foreclosure. 
   
8:30 - 9:30 am
Room 103

11 am - 12 pm
Tiffany B

Super Liens: Condominium Liens, Receiverships & Tax Takings ~ Practical Skills Session
Daniel C. Hill; Melissa B. Morrow; Monica L. Passeno
In Massachusetts, there are three types of liens that trump most other liens: Condominium Liens, Receiverships, and Tax Takings.  This session will cover what to look for in a title examination with one or more of these liens, and clarify how each lien is foreclosed and what liens are wiped out by the foreclosure of each of these super liens.
   
8:30 - 9:30 am
Tiffany B

9:45 - 10:45 am
Tiffany B

All Things in Condo Parking: Finding the Good in the Bad and the Ugly ~ Practical Skills Session
Neil D. Golden; Thomas O. Moriarty
This program will tackle some of the thorniest issues associated with condominium parking rights and easements. We will explore the nature of parking rights, how the rights are created, how those rights may be limited or impacted by the governing documents, by zoning by-laws, by regulations related to accessibility and by drafting and conveyancing errors by the declarant. The complications associated with creating, reserving and conveying parking rights in the condominium context are many-fold and there is little guidance for the practitioner in GL c.183A. But we do have a wealth of cases on easements which are the basis for creating parking space rights and resolving issues related to those rights. There are a few cases on parking, which we will also discuss. The program will explore both legal and practical approaches to eliminating those complications when possible, while effectively addressing them when they do arise.
   
8:30 - 9:30 am
Room 104

9:45 - 10:45 am
Room 104

Proposed REBA Rider for Residential Purchase & Sales Agreements ~ Practical Skills Session
Lisa J. Delaney; Jennifer Gavaletz
REBA’s Standard and Forms Committee is finalizing a form of rider to P&S that balances the relative needs of both the residential buyer and seller. This discussion draft of the rider curates and organizes many valuable provisions, most of which have been in use for many years, while also reviewing and modernizing each provision for current transactional and technological needs. The rider is intended as a working document, and practitioners must edit and customize its provisions to the details of each transaction and the client’s specific needs. This practical skills session will review the proposed Rider, and request member comments to help us complete a strong document to become an industry standard in years to come.
   
12:15 - 1:15 pm
Room 103*

*Simulcast in
Rooms 101 & 104

Recent Developments in Massachusetts Case Law
Philip S. Lapatin
Now in his forty-first year as case commentator at REBA’s twice-yearly conferences, Phil Lapatin continues to draw a full house with this session. Attending his twice-yearly presentations are a must for any practicing real estate lawyer. Phil is the 2008 recipient of the Association’s highest honor, the Richard B. Johnson Award.
 
 
Register for the AMC19 Online
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Conference Brochure (pdf)
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Registration Form (pdf)
 
 
We look forward to seeing you in Norwood on Monday, November 4th!