8:55 Welcome and Introductions
9:00 Legislative Update
David Patrick Ferrell, Nexsen Pruet, Raleigh
Recap the 2021 legislative session, highlighting bills of interest to real estate practitioners considered and enacted during the 2021 session. Then preview the 2022 legislative session, and the 2022 midterm elections for North Carolina congressional, state legislative and judicial races.
10:00 Break
10:10 Chapter 160D Update
James Logan "Jim" Joyce, UNC School of Government, Chapel Hill
The reorganization of zoning, subdivision and other development regulation authority into a single consolidated chapter of the general statutes — Chapter 160D — may have been enacted in 2019, but the work of implementing that legislation continues. Learn where the implementation process is now and what the local governments may be doing to complete this work. Then discuss recent federal and state litigation, as well as recent state legislation, that affects the landscape of land development regulation in North Carolina.
11:10 Break
11:20 Community Associations
Adam Matthew Beaudoin, Ward and Smith PA, Raleigh
Hope Derby Carmichael, Jordan Price Wall Gray Jones & Carlton PLLC, Raleigh
Gain insight into the primary North Carolina laws governing community associations, with a focus on hot topics all real estate lawyers should fundamentally understand in order to effectively assist their clients. Topics include developments surrounding the Marketable Title Act as it applies specifically to active homeowners' associations and how attorneys can navigate exceptions to the Act.
12:20 Lunch Break
12:50 Real Estate Tax Incentives
Dawn Polin, CRE Tax Planning LLC, Raleigh
Careful tax planning can help developers and investors reduce or eliminate income tax from operating income and capital gains. New construction projects can also cash in on incentives offered at the city, county, state and federal levels. The key is knowing what incentives are available, how they interplay with one another and, most importantly, how to capture them. Discover how real estate tax incentives can impact cash flow for your real estate clients.
1:50 Break
2:00 American Land Title Association (ALTA) Survey
Jonathan Murphy, Murphy Geomatics, Raleigh
Review highlights of the 2021 ALTA survey and learn how to navigate the Table A items with surveyors. Then walk through the needs and wants of Table A, specifically discussing 11a and 11b (utilities) zoning issues and the new 20a, and hear best practices for optimizing the survey and how to save the client time and money.
3:00 Break
3:10 Landlord-Tenant Law and COVID-19
Stephanie Marie D'Atri, Hatch Little & Bunn LLP, Raleigh
Receive an overview of the ever-changing world of landlord-tenant law amidst the international COVID-19 health crisis, including a review of the CDC's eviction moratorium and resulting federal case law making its way to the United States Supreme Court, plus a look at the current state of evictions and regulations as landlords and tenants attempt to navigate the legal process.
4:45 Adjourn
Thank you for joining us for Hot Topics in Real Property (2022 Real Property Winter Program).
Designed to address a variety of topics, the 2022 Real Property Winter Program discusses an assortment of trends and developments in real property law.
Adam Matthew Beaudoin is an attorney at Ward and Smith PA in Raleigh. As leader of the Community Associations practice, Adam advises community association and country club/yacht club boards and members regarding corporate governance, procedural requirements, governing document amendments, fiduciary duties, inspection right, collection issues, and rule adoption and enforcement. He also has experience preparing all components of community association, country club, and yacht club entity formation, including articles of incorporation, bylaws, committee charters, organizational minutes, confidentiality policy, communication policy, and documentation retention policy.
In addition to his community association practice, Adam's general business practice encompasses a broad range of business law and transactional matters, including negotiating and drafting all components of contracts and purchase agreements, including stock, limited liability interest, partnership, and asset purchase agreements and in conducting business and non-profit director, shareholder, and member meetings. He regularly advises business clients regarding corporate governance, procedural requirements, governing document amendments, and fiduciary duties.
Adam also has experience in the preparation of all components of franchise documents for franchisors, including franchise disclosure documents, franchise agreements, master franchise agreements, development agreements and in the preparation and negotiation of business mergers, including articles of merger and plan of merger.
Adam earned his B.A., magna cum laude, from James Madison University in 1998 and his J.D., cum laude, from University of Richmond School of Law in 2001.
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Hope Derby Carmichael is shareholder and principal at Jordan Price Wall Gray Jones & Carlton PLLC in Raleigh. She is honored to be the first female partner in the firm's 70-year history. She has focused her practice for the last thirty years largely on matters affecting land development and the interpretation of restrictive covenants, condominium and planned community associations.
Hope was inducted into the National College of Community Association Lawyers. Professionally, she serves on the Board of Directors for the NC Chapter of the Community Associations Institute (CAI) and on the NC Bar Association's Community Associations Committee.
Hope is a former member of the NCBA Real Property Section Council and chair of the Community Associations Subcommittee, past president of the North Carolina Chapter of the Community Associations Institute, a current Trustee of Saint Mary's School in Raleigh and serves on several local business and philanthropic boards.
Hope received her B.A. in History and French/Business Management from Salem College and her J.D. from the University of North Carolina at Chapel Hill.
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Hannah Combs is an attorney at Wyrick Robbins Yates & Ponton LLP in Raleigh. She is a member of the firm's Commercial Real Estate Practice Group. Her practice focuses on a variety of areas, including acquisitions, dispositions, leasing, planned development issues, and municipal zoning and land use matters.
Hannah graduated from the University of Florida with a Bachelor of Arts, cum laude, and received her J.D. from the University of North Carolina School of Law. During law school, Hannah was Symposium Editor of the First Amendment Law Review, a member of the Holderness National Moot Court team, and active in the pro bono program.
Prior to law school, she served as a teacher with Teach for America – Eastern North Carolina.
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Stephanie Marie D'Atri is a partner at Hatch Little & Bunn LLP in Raleigh. She is an experienced real property litigation attorney who focuses her law practice on representing residential and commercial landlords, investors, owners, and property management firms across North Carolina, including in Wake, Durham, Franklin, Granville, Harnett, Johnston, Mecklenburg, Nash, New Hanover, Orange, and Wilson counties. Stephanie represents clients in both Small Claims and District Court, in addition to the North Carolina Bankruptcy Court for the Eastern District of North Carolina, the North Carolina Court of Appeals, and the North Carolina Supreme Court.
Stephanie spent the first four years of her practice as a trial attorney for Legal Aid of North Carolina, Inc.
Stephanie represents residential and commercial landlord clients on eviction, fair housing, collection, security deposit, lease, purchase/sale contract, occupancy, and other atypical real property matters including ejectment and trespass cases, estate and post-foreclosure occupancy issues, neighbor disputes, and partitions. Stephanie also assists clients with conventional and subsidized housing matters (including for Section 8 project-based and voucher-based, low-income housing tax credit, rural development, and mobile home park properties). In addition to her daily law practice, Stephanie teaches landlord-tenant seminars for the City of Raleigh, the Triangle Real Estate Investors Association, the North Carolina Realtors' Association, property management companies, and other associations.
In December of 2015, Stephanie was elected to serve as a member of the Board of Directors for the 10th Judicial District and the Wake County Bar Association and, in April of 2017, Stephanie received the Charles B. Hunt Award from the Young Lawyers Division of the Wake County Bar Association.
Stephanie received her undergraduate degrees in English and Psychology from the University of North Carolina at Chapel Hill in 2006 and her J.D. from North Carolina Central University School of Law in 2010. Following law school, Stephanie received the NCCU School of Law H.M. Michaux Award for Public Service, the UNC School of Law Pro Bono Publico Award, the N.C. State Bar Pro Bono Service Award, and the Capital City Sertoma Club Service to Mankind Award for her significant pro bono and community involvement.
During any free time, Stephanie enjoys traveling and watching UNC basketball.
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David P. Ferrell is a shareholder and the public policy practice group leader at Maynard Nexsen PC in Raleigh. He concentrates his law practice in civil matters, including civil litigation, professional liability defense, energy and public utilities, legislative representation and lobbying, eminent domain and real estate litigation, administrative and regulatory matters, government contracts, and construction litigation.
David represents architects, engineers, project owners, contractors, and liability carriers in a variety of construction, professional liability, insurance coverage, employment and contract disputes, as well as in other matters. He represents clients in financial services, title insurance and securities litigation. His practice is broad in scope and includes mediation, arbitration and litigation in state and federal courts.
David is a North Carolina registered lobbyist and has experience in state, local and executive branch lobbying, grass roots campaigns, and regulatory compliance. His government relations experience includes a diverse group of clients and a wide range of issues, which has allowed him to appear in and monitor legislation in most of the standing legislative committees and interim study committees.
David is a member of the Wake County and North Carolina Bar Associations and the North Carolina Professional Lobbyist Association. He also serves as general counsel to North Carolina business and trade associations, as well as to state professional licensing boards.
David earned his B.A. from the University of North Carolina Chapel Hill and his J.D. from Campbell University School of Law.
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Max Edward Isaacson is a commercial real estate lawyer Longleaf Law Partners in Raleigh. He focuses his practice on a wide range of commercial real estate-related transactions, including the acquisition, financing, development, leasing and disposition of various types of projects, including office, industrial, retail and healthcare. Max also represents and advises developers of residential planned communities in the acquisition of undeveloped land and subsequent development, HOA formation and preparation of governing documentation.
Before joining the firm, Max practiced in the Raleigh office of a large international law firm and served as an intern for the Honorable Timothy C. Batten, Sr., of U.S. District Court for the Northern District of Georgia, as well as for Senator Thom Tillis and the U.S. Senate Judiciary Committee. Max also counseled clients in the formation of non-profit corporations and through the application process for 501(c)(3) status while serving as a student attorney in the Community Development Law Clinic at the UNC School of Law.
When not practicing law, Max enjoys spending time with his wife, Megan, their son, Beau, and their golden retriever, Fitzgerald, as well as playing golf and brewing beer.
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James L. "Jim" Joyce is an Assistant Professor of Public Law and Government at the School of Government at UNC–Chapel Hill. He teaches, researches, and advises on topics of community planning, development regulation, and the environmental impacts of land development. He joined the School of Government in 2020 after practicing environmental and land use law for over ten years at a global law firm.
Since joining the School of Government faculty, Jim has authored guidance documents and provided an array of training and advice to local government officials across the state on the new Chapter 160D of the North Carolina General Statutes. He also posts to the School's local government law blog, Coates Canons.
Prior to entering private practice, Jim served as a summer clerk and fall fellow at the School of Government, where he co-authored the book Inclusionary Zoning: A Guide to Ordinances and the Law.
Jim earned his B.A., with highest honors, from the University of North Carolina at Chapel Hill, a Masters of Community Planning from the University of Maryland, and his J.D. from the University of Virginia School of Law.
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Jonathan Murphy is the owner at Murphy Geomatics Professional Land Surveying in Raleigh. He specialized in ALTA/NSPS surveys and has been practicing since 2002 in 17 states.
Jonathan graduated from Wake Technical Community College Surveying Technology AAS in 1998 and UNC Chapel Hill in 2000 with a B.A. in Geography.
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Dawn Polin is the sole owner at CRE Tax Planning LLC in Raleigh. Prior to starting her own firm, Dawn was a Senior Manager with Cherry Bekaert LLP managing the real estate incentives practice for the firm. With over 25 years of experience as a CPA working in the tax arena, she currently focuses solely on matching real estate incentives to both new construction and purchased real estate projects and assets.
Dawn is active in the real estate community in Raleigh serving on the board of TCREW (Triangle Commercial Real Estate Women) as the current Treasurer and also serves on the Governance Board of ULI (Urban Land Institute) as the chair of the WLI committee.
Dawn has spoken previously for numerous professional organizations including Clear Law Institute, Lorman, Strafford, CPA Academy and The American Society of Cost Segregation Professionals.
Dawn earned her B.B.A. in Accounting from the University of Georgia and her Masters in Accounting from the University of South Florida.
Dawn divides her time between Raleigh and Lake Lure, spending a lot of time in the great outdoors camping.
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