Scott is a native of Nashville, Tennessee. After graduation from high school in 1986, Scott attended Boot Camp at the United States Marine Corps Recruit Training Depot, Paris Island, South Carolina.
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Are institutional corporate investors becoming public enemy number one in community associations?
Institutional corporate real estate investors are increasingly and aggressively purchasing homes within community associations at an alarming pace. This is leading to overly inflated purchase prices and property values, non-resident corporate owners with weighted voting power on Association matters, occupants who violate Association restrictive covenants, and difficulty enforcing compliance with restrictive covenants upon out of state investor-owners. These and many other factors are quickly causing community associations to view institutional corporate real estate investor-owners as public enemy number one. This session will explore the institutional corporate investor trend and provide guidance on what community associations can do to protect themselves.
Key topics to be discussed:
Date / Time: March 31, 2023
Scott D. Weiss | Ortale Kelley
Scott is a native of Nashville, Tennessee. After graduation from high school in 1986, Scott attended Boot Camp at the United States Marine Corps Recruit Training Depot, Paris Island, South Carolina. After graduation from boot camp, Scott served in the Marines with 3rd Force Reconnaissance Company, FMF; I CO, 3/24, 4th MARDIV; 4th FSSG. 4th MARDIV; and, Marine Security Battalion, Republic of Panama. After the attacks on America in 2001, Scott joined the Tennessee Army National Guard where he attended Officer Candidate School and served in Military Intelligence. Scott retired from the Tennessee State Guard as a Colonel in 2015. Scott is a graduate from the University of Georgia with a Bachelors’ Degree in Psychology, and a graduate from the Nashville School of Law where he earned a Doctor of Jurisprudence Degree. Scott is an attorney at Ortale Kelley Law Firm in Nashville, Tennessee. His practice is dedicated primarily to the representation of homeowner and condominium associations throughout Tennessee, consisting of a portfolio of more than 650 homeowner and condominium associations. Scott provides services to associations in areas including but not limited to delinquent account collections; restrictions enforcement; insurance defense; amendment and interpretation of governing documents; rules & regulations; fine and enforcement policies; Fair Housing Act defense; parliamentarian services; and upon request, attendance at Association annual and special meetings and meetings of the board of directors.
Scott is Tennessee’s only credentialed expert in community association law, having earned the designation of CCAL Fellow in Community Associations Institute’s (CAI) prestigious College of Community Association Lawyers (CCAL) and serves as a member of CAI’s national Amicus Curiae Committee. Scott is chairman of the Tennessee Bar Association Tennessee Homeowners Association Act Drafting Committee and co-author of the Tennessee Homeowners Association Act (proposed); he served as the 2017 CAI Tennessee Chapter President and serves as a member of CAI’s Board of Directors and is the Chairman of CAI’s Legislative Action Committee.
As a member of the Tennessee Bar Association Faculty, a contributor to Common Ground Magazine, Community Association Management Insider.com, and publications such as The Wall Street Journal, The Washington Post and The Tennessean newspapers, Scott lectures regularly and has published articles on issues of importance to community associations in Tennessee and nationwide including: “How homeowners associations can protect against short-term rentals” The Tennessean October 3, 2018; “Can an owner in a homeowners’ association install security cameras?” The Washington Post September 3, 2019; “Cameras in Common Areas: Yay or Nay?”, Community Association Management Insider.com March 11, 2020; “The Nuisance Next Door”, Common Ground Magazine, May/June 2020; “The Last Straw: How the Nuisance Provision can help you’re your clients deal with Residents’ extreme behaviors”, Community Association Management Insider.com August 12, 2021; “Homeowner Groups Seek to Stop Investors from Buying Houses to Rent”, The Wall Street Journal April 18, 2022;and, “Monopolizing the Community”, Common Ground Magazine September/October 2022. Scott has served as an advisor to the Tennessee Attorney General’s Office and members of Tennessee’s General Assembly as an expert in community association law and has testified on multiple occasions before the Tennessee General Assembly at hearings on Association-related legislation as a subject matter expert in community association law. Scott was certified as an expert witness by the Chancery Court, Shelby County, Tennessee and testified as an expert witness on community association law in the matter of Brothers, et al v. Glenalden HOA, et al, , February, 2019. Scott is also a member of the National Association of Parliamentarians and Tennessee Association of Parliamentarians, and as a parliamentarian, attends community association annual meetings, special meetings and board meetings as an advisor in parliamentary procedure to ensure proper procedural protocols are followed.
I. Impacts Institutional Corporate Investors are having on Community Associations | 12:00pm – 12:20pm
II. Impacts Institutional Corporate Investors are having on local and national residential real estate markets | 12:20pm – 12:40pm
III. What can and what is being done to address the problems | 12:40pm – 1:00pm