Contribute to the Real Estate Law Section Newsletter

All Section Members are invited to contribute to the Newsletter. Please submit articles,
practice pointers, and other contributions in MS word format via e-mail to:

Amy Brimah
Brimah LLP
1888 Sherman St Ste 200
Denver, CO 80203
(720) 305-9920
amy@brimahlaw.com

Y. Melinda Pasquini
Polsinelli PC
1401 Lawrence St Ste 2300 
Denver, CO 80202
(303) 583-8263
mpasquini@polsinelli.com

Brianna Dowling
Land Title Guarantee Company
5975 Greenwood Plaza Blvd #150
Greenwood Village, CO 80111
(303) 331-6340
bdowling@ltgc.com

 

Archive Newsletters


Colorado Bar Association
Summer 2021 Newsletter

IN THIS ISSUE

LETTER FROM THE OUTGOING CHAIR

Acknowledgements --
Wellness and Inclusion
By Jean Arnold, Chair of the Real Estate Section Council

Last week, I finished reading President Barak Obama’s A Promised Land and found myself enjoying the acknowledgements at the end. I usually skip those – but his words helped me appreciate how we are all interconnected and depend on one another. This year has challenged our connections; and yet, like the Muppets (see below), we found a way. We have become and are becoming and learning to be more inclusive – no matter which Muppet you identify with.

Thank you to the CBA (and CBA-CLE) staff for their amazing positivity and connectivity through technology: Jess Ham, Bridgett Moore, Evan Brown, Amy Sreenen, Amy Larson, Kendra Yates, Andy White, Dan Sweetser.

Thank you to my fellow officers: Melinda Pasquini and Amy Brimah. Talk about “heavy lifting” this year while floating in an unknown (usually cyber) space. Melinda will now take over as Chair of the Section – we are lucky to have her excellent leadership and steady guidance as we – dare I say – “emerge” from COVID.

Thank you to past Section Chairs who regularly attend meetings and provide wisdom, insight, perspective and guidance: Suzanne Leff, Joey Lubinski, Chuck Calvin, Chris Payne, Julie Waggoner, Geoff Anderson, Catherine Hance, Dan Sweetser.

Thank you to all of the Council Members – listed at the end of this newsletter! You showed up (like Muppets) with humor and perseverance. Some of you spent late nights testifying at the State Legislature; you organized and presented CLEs, drafted forms, read cases, wrote and filed an Amicus Brief in the Colorado Supreme Court, engaged in community outreach and philanthropy, and the list goes on.

Thank you Real Estate Section Members. You craft the landscape that is Colorado through our laws, cases, connections and relationships. Many of you attend Council meetings and add your expertise, task force engagement, liaison connections (see upcoming Telluride trip this Fall), forms drafting and connection through Community. Andy Toft developed a mighty following as he navigated through the many Executive Orders issued in the past 14–15 monthsand shared them with us on Community.

In this issue of the newsletter read about:

  • The 39th Annual Real Estate Symposium to be held virtually and in-person in Vail, July 15 and 16. On Saturday, July 17, we can golf at Fox Hollow Golf Course or attend the family picnic at Kendrick Lake Park. There will be opportunities for both virtual and in-person networking and re-connection with each other and our Sponsors.
  • September 24, 2021 will be the Real Estate Section’s CLE on The New West: Arts, Real Estate and the Law at the Telluride Transfer Warehouse as part of the Section’s focus on regional diversity and diverse voices.
  • Volunteer opportunities to educate buyers about Land-Lease programs in affordable housing through Elevation Community Land Trust. 

A final word on wellness. This past year has exposed fissures and cancers in the very fabric of our society. How do we heal? How do we listen? What do we do? Are we part of the problems or solutions (or both)? COVID forced us to reevaluate our priorities and take an inner journey through destruction to healing. We are essential workers – we can clearly see our fellow citizens as: essential. Sometimes we have to destroy before we can rebuild. Empty before we can fill. I challenge us to embark on a journey of forgiveness and healing as we reconnect and emerge into our changed landscape. In April 2021, Dr. Brian Luke Seaward published the following article on forgiveness and the power of healing for our physical and mental health: winnpost.org/2021/04/16/reflections-on-forgiveness.

The article focuses on the courtroom and what is known as restorative justice. But we can add the Hawaiian tradition of Ho’oponopono (“to make right”) in our interactions with each other as fellow citizens of this planet.

Speaking for myself, “it’s not easy being green.”

Thank you for the opportunity to live, learn and be with all of you as part of the Real Estate Section. I wish you all well[ness] and inclusiveness in 2021.

Muppets Zoom Meme
2021 SYMPOSIUM UPDATE FROM THE INCOMING CHAIR

We are looking forward to seeing everyone at the Symposium in July. With the hope of the pandemic moving towards a historical status, we are working to integrate some in-person components to the Symposium. While it will not be like pre-pandemic times in Vail this year, we are hoping to have some various opportunities for getting together in-person and celebrating the end of a long year of solitude where we all experienced a multitude of personal and work life challenges. Although many of us have gained an appreciation for the simple things in life, it will be nice to gather in person again to some extent. In 2022, we hope to be back in Vail as usual for the Symposium, but this year, keep your eyes open for in-person meeting opportunities at the Symposium as we are able to add them.

There are a limited number of discounted rooms ($215/night) available at the Vail Marriott if you would like to join a few of us in Vail for watching “parties” and an in-person Symposium happy hour on Thursday night. The discounted room rate also extends into the weekend following the Symposium. book.passkey.com/go/realestate2021.

MEMBERSHIP CHANGES

2021–22 Slate of New Officers and Members

Chairperson
Melinda Pasquini, Polsinelli PC

Vice Chairperson
Amy Brimah, Brimah LLP

Secretary
Jim Meseck, White & Steele PC

Four new members of the Real Estate Section Council are elected each year to serve a three-year term in accordance with the Section’s bylaws. The Nominating Committee slate for the class of 2021–24 consists of the following individuals:

Joan Fritsche, Fritsche Law LLC
Reagan Larkin, Messner & Reeves LLP
Steve Nagy, Alderman Bernstein LLC
Jennifer Blum, Blum Law and Title LLC

The Council heartily thanks the members of the Council whose terms expire June 30, 2021 for their hard work and dedication to the Section:

Jim Meseck, White & Steele PC
Ron Jung, Jung & Associates PC
Brianna Dowling, Land Title Guarantee Company
Robin Nolan, Spencer Fane LLP

Katy Dunn will continue to serve as the Section's Board of Governors Representative.

EDUCATION

Topical Lunch Series
All programs in the lunch series will be presented via Zoom until further notice, and they start at noon each scheduled day.

July 1, 2021
Register Online
Eminent Domain Issues
Speaker: Jody Alderman, Alderman Bernstein

 

39th Annual Real Estate Symposium – VIRTUAL

July 15 – 17, 2021
Register Online

Hosted from our lively online platform, real estate practitioners will gain the latest information and best practices from the comfort of your home or office. For those who did not participate with us “virtually” for the 2020 Symposium, we can assure you that the virtual platform we use for this event is lively, interactive, and significantly more engaging than your typical “Zoom” presentation.

Over two days of programming, we’ll focus on Colorado legislative and case law updates, and discuss lawyers as leaders, diversity, equality, and inclusivity. Gain insight from judges, city managers, and skilled practitioners. Move your practice forward with insights from our energetic discussions and engage in unique social events in your yoga or sweatpants!

This year, the Real Estate Section will be collecting donations intended to help sponsor some of the housing initiatives provided by the Salvation Army here in Colorado. Specifically, we will be supporting the Lambuth Family Center and Housing Now programs. Donate Here: give-im.salvationarmy.org/RealEstateSectionMatch.

The Real Estate Section Council will match all funds raised through the Symposium up to $5,000. Future Symposium registration emails will have a link to this important charitable opportunity.

Highlights include:

  • Case law & legislative updates
  • Diversity, Equality and Inclusion in Lawyering and Leadership: A Recipe for Success
  • The World of Evictions: A Perspective from Landlord and Tenant Practitioners
  • Annual hot topic 15-minute drills: 6 panelists | 5 topics | 15 minutes
  • Virtual networking opportunities Thursday and Friday, with a live golf outing at Fox Hollow Golf Club on Saturday, July 17th at 11:30AM
 

Future Real Estate CLEs and Events

Special Note: We are excited to announce that the Real Estate Section Council is working closely with the Colorado Bar Association and CBA-CLE to transition to live events. We are following CDPHE and local health protocols. We expect to be able to announce a return to live events soon.

Public Art and Real Estate CLE: “The New West: Arts, Real Estate, and the Law”
September 24, 2021, 11:00 a.m. to 4:45 p.m.
The Telluride Transfer Warehouse, Telluride, CO (Live, In-Person)
This in-person CLE event in Telluride will feature a series of interesting topics involving the integration and use of public art and real estate. Look for registration emails from the Real Estate Section and CBA-CLE soon.

Program Topics:

  • Arts Districts, Economic Development and Creative Industries in Rural Colorado.
  • Arts Issues in Real Estate Transactions.
  • Financing and Fundraising for Real Estate in the Arts Sector: Where’s the Money?
  • Dealing with Gentrification, Local Neighborhoods and Inclusion of Historically Marginalized Communities.
  • Who is Doing What, and Where on the Western Slope?

Credits: Accredited for 4.0 hours Continuing Legal Education (1 Hour Ethics); Accredited for 4.0 Hours Department of Real Estate Brokers Continuing Education

ARTICLE

American Land Title Association is Adopting New Title Policies in 2021
Author: Brianna Dowling, Esq., General Counsel, Vice President, Land Title Guarantee Company

The American Land Title Association Board of Governors has voted to approve a new loan policy and a new owner's policy to replace the 2006 ALTA Owner's Policy and 2006 ALTA Loan Policy, with an intended effective date of July 1, 2021. The redline forms are available on the ALTA website, alta.org/policy-forms, as well chart showing a side-by-side comparison of the old policy language with the proposed changes. Please note that these forms will be open for industry comment until June 11, 2021, and as such, are still subject to additional minor changes. Although the emphasis has been on the policy forms, many other ALTA forms including the Commitment and many endorsements, have been updated as well. The Real Estate Section will be presenting a class discussing the policy changes once the forms are finalized – stay tuned!

VOLUNTEER OPPORTUNITIES

Elevation Community Land Trust (ECLT) is working on building a pool of attorneys willing to provide an occasional one-on-one review of the Land Lease agreement that each ECLT buyer signs at their purchase closing.

  • ECLT is a non-profit organization providing permanently affordable homeownership opportunities to lower-income earners such as teachers, construction workers, fire fighters, and others now priced out of Colorado’s homeownership market – to qualify, applicants need to be at 80% or below area median income.Through a one-time subsidy invested in the home, along with a restricted resale formula in the Land Lease, Elevation CLT can offer homes at affordable initial prices and keep subsequent purchase prices affordable to low-income buyers, owner after owner. For more information, please go to our website at elevationclt.org.
  • The review for each buyer typically lasts forty-five minutes to one hour. The buyer will already be generally familiar with the stipulations of the Land Lease, having attended a required one-hour Elevation CLT orientation. Attorneys would provide an engagement letter and conduct this review pro-bono independent of the orientation that Elevation requires. Interested attorneys may request a blank copy of the Land Lease for educational purposes.

To learn more and become a volunteer, please email Tiana Patterson, Esq., Public Partnerships & Legal Director, at tpatterson@elevationclt.org.

Colorado Lawyer’s Committee volunteer opportunities, including the Colorado COVID Small Business Legal Program and virtual legal clinics.

Metro Volunteer Lawyers volunteer opportunities, in the areas of Family Law, Elder Law, Probate, Consumer and Financial, Bankruptcy, Public Benefits, and Housing.

SECTION COUNCIL MEETINGS

As a reminder, regular meetings of the Council are held the third Tuesday of each month at 3:00 p.m.  All meetings are held via Zoom until further notice.  All Section members are welcome to attend. The next Council meeting will be held on Tuesday, August 17, 2021. Contact Jess Ham for login information: jham@cobar.org.

MINUTES OF REAL ESTATE SECTION COUNCIL MEETINGS

The minutes for all past Council meetings can be found on the CBA Real Estate Section website.

EXECUTIVE COUNCIL ROSTER
OFFICERS
CHAIR VICE-CHAIR
Y. Melinda Pasquini
Holland & Hart LLP
555 17th Street Ste 3200
Denver, CO 80202
(303) 295-8037
YMPasquini@hollandhart.com
Amy Brimah
Brimah LLP
1888 Sherman Street Ste 200
Denver, CO 80203
(720) 305-9920
amy@brimahlaw.com
SECRETARY BOG REPRESENTATIVE
Jim Meseck
White & Steele PC
600 17th Street, #600N
Denver, CO 80202
(303) 296-2828
jmeseck@wsteele.com
Katy J. Dunn
Forest City Stapleton
7351 E 29th Ave
Denver, CO 80238
(303) 382-1800
kdunn@forestcity.net
LEGISLATIVE POLICY OFFICER
Robin Nolan
Spencer Fane LLP
1700 Lincoln St Ste 2000
Denver, CO 80203
(303) 592-8314
rnolan@spencerfane.com
COUNCIL
Erin Clark
Urban Land Conservancy
1600 Downing Street Ste 300
Denver, CO 80218
(303) 699-0317
eclark@urbanlandc.org
Jeremy Syz
Holland & Hart LLP
1800 Broadway Ste 300
Boulder, CO 80302
(303) 473-2708
jpsyz@hollandandhart.com
Angela Schmitz
Robinson & Henry PC
7555 E Hampden Ave Ste 600
Denver, CO 80231
(303) 688-0944
angie@robinsonandhenry.com
Adam Aldrich
Aldrich Legal LLC
2701 Lawrence Street Ste 109
Denver, CO 80205
(303) 325-5683
adam@aldrichlegal.com 
Cindy Lowery-Graber
Polsinelli PC
1401 Lawrence Street Ste 2300
Denver, CO 80202
(303) 256-1985
clowery-graber@polsinelli.com
Zak Kessler
Woodspear Properties
5050 S Syracuse Street Ste 900
Denver, CO 80237
(303) 792-3456
zkessler@woodspearproperties.com
Marjorie Sant
Panorama Law Practice LLC
1942 Broadway Ste 314
Boulder, CO 80302
(303) 323-1931
sant@panoramalaw.com
Eric Snyder
Welborn Sullivan Meck & Tooley PC
1401 Lawrence St Ste 1800
Denver, CO 80202
(303) 830-2500
esnyder@wsmtlaw.com
Reagan Larkin
Messner & Reeves LLP
1430 Wynkoop St Ste 300
Denver, CO 80202
(303) 405-0482
rlarkin@messner.com
Joan Fritsche
Fritsche Law LLC
1888 Sherman St Ste 200
Denver, CO 80203
(720) 833-4223
joan@fritschelaw.com
Steve Nagy
Alderman Bernstein LLC
101 University Blvd Ste 350
Denver, CO 80206
(720) 460-4204
smn@ablawcolorado.com
Jennifer Blum
Blum Law and Title LLC
3152 Cimarron Pl
Superior, Colorado 80027
(303) 827-1283
jennifer@blumlawandtitle.com 
COMMITTEE INFORMATION

Colorado Bar Association Board of Governors
The Real Estate Section’s Representative on the Board of Governors is Katy Dunn, Forest City Stapleton (kdunn@forestcity.net).

Title Standards Committee
Catherine Hance, Davis Graham & Stubbs LLP (catherine.hance@dgslaw.com) and Geoffrey P. Anderson, Anderson Notarianni McMahon LLC (ganderson@anm-law.com), currently serve as the Real Estate Section’s liaisons to the Title Standards Committee.

Trust and Estate Section
Chad Rounds, Kirch Rounds Bowman & Deffenbaugh PC (chadrounds@dwkpc.net), currently serves as the Trust and Estate Section liaison to the Real Estate Section Council.

Real Estate Commission Forms Committee
Geoffrey P. Anderson, Anderson Notarianni McMahon LLC (ganderson@anm-law.com), currently serves as the Real Estate Section’s liaison to the Real Estate Commission Forms Committee. 

Ethics Committee
Kate Strauss, Galvanize Law Group, LLC (kstrauss@galvanize.law) is the Colorado Bar Association Ethics Committee liaison to the Section.

Additional Information
For additional information regarding the activities and responsibilities of the members of the Real Estate Law Section Council, see the Real Estate Law Section page of the Colorado Bar Association Website available here.

LEGAL WRITING OPPORTUNITIES

Article Opportunities – Colorado Lawyer
The Real Estate Section encourages all aspiring authors to contribute articles (or even just ideas for articles) for publication in the real estate column of Colorado Lawyer. Articles submitted need to provide a balanced discussion of new, developing or interesting areas relating to the practice of real estate law in Colorado or nationally. Please contact Susie Klein (sklein@cobar.org) or Jodi Jennings (jjennings@cobar.org) for additional information!

Articles, Practice Pointers and Other Contributions Needed for Real Estate Section Newsletter
All members of the Real Estate Section are invited to contribute to the Newsletter. Please submit articles (or article ideas), practice pointers and other contributions to Brianna Dowling, Land Title Guarantee Company (bdowling@ltgc.com).

Request for Input on Real Estate Section Web Page
We are working to improve the Real Estate Section page of the Colorado Bar Association website and need your input and suggestions. Are there links or other information you have expected to find on the page only to have your hopes dashed? Have you discovered aspects of the site that you feel could be more user-friendly or informative? Please email your comments to Jess Ham (jham@cobar.org). We welcome your suggestions and we will carefully review all of them. View the Section’s website at cobar.org/For-Members/CBA-Sections/Real-Estate-Law.

Colorado Bar Association
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