Presentation on theme: "1 Real Estate Section Council (“RESC”) Member Orientation 2014– 2015."— Presentation transcript:
1 Real Estate Section Council (“RESC”) Member Orientation 2014– 2015
2 The Real Estate Section’s Purpose To promote objectives of the Real Estate Section by: (a)Providing leadership in the practice of real estate law. (b)Improving the education of lawyers and related professionals in real estate law. (c)Promoting the economic and professional interests/concerns of its members. (d)Serving the public good. (e)Participating actively in the drafting, review, recommendation, and promotion of legislation and other laws, rules or regulations that affect real property, titles and the practice of real estate.
The Real Estate Section’s Purpose (Cont.) Endeavor to: (i)Promote a better understanding/cooperation among the members of the Section; (ii)Minimize misunderstandings/disagreements among those attorneys engaged in the practice involving real estate law and the examination of real estate titles and the members of other professions and the general public with whom they interact; (iii)Simplify the handling of real estate transactions by standards of procedure; and (iv)Take such other action and perform such other functions as may be deemed proper. 3
4 CBA Staff Contacts Chuck Turner, Executive Director Greg Martin, Deputy Executive Director Dana Collier Smith, Assistant Exec. Director and CBA Staff Liaison to RESC
5 Legislative Relations Amy Redfern, Contract Lobbyist Continuing Legal Education Gary Abrams, Executive Director Dawn McKnight, Assistant Executive Director & Publications Director Heidi Ray, Program Attorney The Colorado Lawyer Leona Martinez, Managing Editor CBA Staff Contacts (Cont.)
6 Real Estate Section Tools of Governance The Bylaws Strategic Plan or Goals
7 RESC Member Responsibilities Determine and understand the Section’s mission and purposes. Ensure Section planning, goal setting and implementation. Manage the Section’s resources. Determine, monitor and strengthen programs and services for members.
8 RESC Responsibilities (Cont.) Promote the Section’s image. Ensure legal and ethical integrity in the Section. Help recruit new leaders. Assess and measure Section performance.
9 Practical Steps for RESC Service There are practical steps that make service on the RESC more effective and the outcomes more rewarding.
10 Practical Steps for RESC Service (cont.) Attend all meetings. Study and understand the mission statement, bylaws, policies and goals. Prepare for meetings by reviewing the agenda and supporting documents. Treat information and discussions as “confidential.” Promote the Section to others.
11 Practical Steps for RESC Service (cont.) Recruit future leaders to help govern the Section. Stay current on issues and trends impacting the Section and the membership. Readily communicate with the officers concerning needed information and assistance. Communicate concerns to officers if RESC adopts a position statement contrary to your position.
12 The Officers The officers have special duties described in the bylaws.
13 Role of the Chair Serves as chief elected officer of the Section. Presides over all meetings or designates a person to do so. Appoints committee leaders in accordance with bylaws.
14 Role of the Vice Chair Serves in the absence of the Chair. Charged with planning all aspects of the annual Real Estate Symposium. Performs such other duties as identified in the bylaws or assigned by the Chair.
15 Role of the Secretary Custodian of all books papers and other property of the Section. Attend/take minutes at all RESC meetings. Provide copies of minutes to all RESC members and designated Association representatives. Act as liaison with finance department of Association to monitor and approve expenses. Report the Section’s financial affairs to RESC. Act as chair of the Legislative Committee.
16 Committees Standing Committees - found in the bylaws, are ongoing. (a)Title Standards Committee Recommends to the RESC and appropriate CBA governing body the adoption, amendment, modification, or repeal of title standards relevant to examination of titles in Colorado. (b)Legislative Committee Coordinates RESC’s efforts in review of legislation affecting real property or titles or which affects practice of real estate law.
Committees (Cont.) (b)Legislative Committee (cont.) Coordinates RESC’s efforts in drafting and promotion of or taking other positions on legislation affecting real property or titles or which affects the practice of real estate law. Recommends to Association’s Legislative Policy Committee the adoption, repeal and amendment of, or opposition to, legislation. Keeps the Section members reasonably informed of legislation affecting or pertaining to real property and titles, or the practice of real estate law. Gives expert opinions or voices position, pro or con, upon pending legislation before the legislature. 17
Committees (Cont.) (c)Interprofessional Committee Promotes better understanding among real estate professionals, including lawyers, brokers, appraisers and mortgage lenders. (d)Housing Council Serves the public in its housing needs through advancement of communication among industry members, delivery of programs and information to the public, cooperation with legislative and regulatory bodies, and coordination with major employers and federal, state and local agencies. 18
Committees (Cont.) (e)Publications Committee Publishes articles and information promoting the high quality practice of real estate law in Colorado, including a periodic newsletter for distribution to Section members and working with The Colorado Lawyer and other professional periodicals to solicit, edit and publish articles from Section members. (f)Education Committee Plans and presents continuing legal education programs for practitioners to address existing or developing areas of real estate and title law in Colorado. 19
Committees (Cont.) (g)Topical Lunches Committee Plans and presents monthly topical lunch programs for Section members. (h)Membership and Practice Development Committee Assists with the periodic survey of membership. Employs marketing and other tools to encourage membership in Section by all lawyers practicing real estate law. 20
Committees (Cont.) (h) Membership and Practice Development Committee (cont.) Attends to details for Section awards. Promotes Section members’ economic and professional interests/concerns. Takes a proactive role: (i)Minimizing misunderstandings and disagreements among real estate attorneys and members of other professions, and the general public with whom they interact. (ii)Distinguishing Section members from other Colorado lawyers by promoting members’ competence and involvement in real property law, to the legal profession and the public. 21
Committees (Cont.) (i) Community Service and Charitable Committee Proposes appropriate charitable and community projects for the Real Estate Section, including public programs. 22
23 RESC Meetings Preparation Notice and materials will be distributed well in advance of meetings. Review the agenda to determine how you should prepare for the discussions. Attendance at meetings is an expectation.
24 RESC Meetings (cont.) The Agenda The agenda is prepared with the input of the officers and staff, with consideration of current issues, member needs and pending business. If you have input for the agenda, be sure to provide it to the Secretary well in advance of the meeting.
25 RESC Meetings (cont.) Minutes Minutes are a legal record of the meetings. Make certain to review each month. The minutes are approved at the next convened meeting of the RESC.
26 RESC Duties Duty of Care Good business judgment at all times. Due diligence in decision making. Duty of Loyalty Avoid conflicts of interest. Duty of Obedience Faithful to the missions and goals. Follow the governing documents.
27 Thank You for Serving! The RESC experience should be a positive one. The RESC is the caretaker of the Real Estate Section. The RESC speaks as a whole with ONE voice, no council member should have more input or authority than others. Always ask questions as they arise. Thank you for serving!