Partner Robert DeNichilo will be speaking on the topic of “Community Associations and the Joint Employer Conundrum: Is the Association Vendor its Employee?” at the National Community Association Law Seminar in Las Vegas on January 20, 2017.
The presentation explores the impact of the National Labor Relations Board’s recent decision expanding the scope of joint employer relationships, community associations may be inadvertently taking actions which could lead to the association being found to be a joint employer of its vendors’ employees. This could lead to exposure for workers compensation, overtime, vacation, discrimination, and other employment-related claims against the association by the employee. This session encourages audience participation and discussion as to circumstances where a joint employer relationship might be found, strategies associations and their counsel can take to limit the likelihood that the association would be found to be a joint employer, and how to limit liability in circumstances where the association could be determined to be a joint employer.
Robert DeNichilo’s article on joint employer relationships and its possible impact on community associations was published in the September/October 2016 issue of CAI’s Common Ground Magazine. For the text of the article, please see our blog, HOABrief.com, or click here.
Partner Robert DeNichilo will be speaking on the topic of “Short Term Rentals, Long Term Enforcement Strategies” on October 21, 2016, at the CAI Legal forum in Indian Wells, CA, with attorneys Amy Tinetti of Hughes, Gill, Cochrane, P.C, and Laurie Poole of Peters & Freedman, L.L.P. The presentation explores the impact of short-term rentals on association resources and community values, and provides options for association’s dealing with short term rentals in their communities.
The CAI Legal Forum offers two education programs—one for community managers and one for board members and other homeowner leaders. Sessions are presented by expert panels, including government officials, seasoned management professionals and members of the prestigious College of Community Association Lawyers, a professional organization that represents the very best attorneys in the industry.
Anyone who lives in, works for or provides services to a California community association will leave the event more informed, more engaged and better able to contribute to a successful community. Click Here to learn more and register to attend the event.
Robert DeNichilo recently submitted a guest post on the CAI California Legislative Action Committee (CLAC) blog regarding the recent case of Ryland Mews v. Munoz where the California Appellate Court upheld an association’s right to enforce architectural restrictions for installation of hardwood flooring. You can read the article on the CLAC blog, or at our blog at HOABrief.com.
Partner Robert DeNichilo was nominated for the 2015 CLAC Volunteer of the Year Award for service to the Community Associations Institute – California Legislative Action Committee (CAI-CLAC). Mr. DeNichilo has served as the Liaison to CLAC for the Orange County Chapter of CAI since 2012, and serves as the CAI Orange County Chapter Legislative Support Committee Co-Chair.
The CLAC nominees are recognized for their exceptional dedication to the continued improvement of CLAC and its initiatives, such as promoting the Buck a Door program, presenting the CLAC Moment at chapter events and encouraging member participation at fundraising events.
The 2015 CLAC Volunteer of the Year will be announced at CLAC’s annual Legislative Day at the Capitol on April 13, 2015, where Mr. DeNichilo will also be a speaker.
CAI-CLAC is the largest homeowners’ volunteer advocacy organization in America comprised of professionals serving HOAs and homeowners dedicated to the education, business and networking needs of 50,000 homeowners associations in California.
Robert DeNichilo will be a speaker during the educational sessions at the Community Association Institute’s California Day at the Capital on April 12-13, 2015. Mr. DeNichilo will be speaking on the topic of How a Bill Becomes a Law. This session takes attendees through various phases of the process, including the idea phase, the author and the proposed bill, committee hearings, resolution of differences, and the Governor’s role and approval or veto. This session informs attendees about how the legislative process affects common interest developments in California.
Click here for more information and to register CAI’s Day at the Capitol.
Posted in News
Our legislative and case law update is now up on our blog, HOABrief.com:
Legislative Update: One could say that 2014 was a “dry” year for legislation affecting community associations because some of the most important legislation this year affecting associations addressed an association’s ability to enforce governing documents in times of government-declared drought. However, the year also brought new legislation clarifying who is responsible for repair and replacement of exclusive use common area, new rules regarding Internal Dispute Resolution (IDR), and solar energy installations by owners. . . . Click here to read the entire post, or here to download a pdf version of our legislative and case law update for 2014.
Robert DeNichilo will be the featured speaker at the October 30, 2014, Board Seminar at Keystone Pacific Property Management in Irvine. Mr. DeNichilo will present on new legislation impacting community associations, including emergency drought legislation, and new case law in 2014. He will also share some ideas to promote efficiency and to minimize risk to Associations and to the directors that lead them
On October 30,2014, Daniel Nordberg will be presenting a case law and legislative update to the more than 50 Delegates representing the 30,000 residents of Rancho Santa Margarita Landscape and Recreation Corporation, one of the largest master planned communities in the United States. Mr. Nordberg will also share in a panel discussion on recent drought regulations and on successful strategies for amending governing documents.
Robert DeNichilo will speak at the Community Association Institute’s (CAI) 2014 California Legal Forum on October 17 in San Diego. Mr. DeNichilo will participate on the panel “Risky Rules: The Hidden Liability Lurking in Your Rules” which will focus on identifying the traps and pitfalls to modern-day rule writing and help managers and board members learn to draft rules which are legal, effective and enforceable.
The CAI Legal Forum provides essential information on key legal developments in the community association industry, and is hosted by the eight California chapters of CAI and CAI’s California Legislative Action Committee (CLAC).
Click here to download a brochure and here to register for this event.