Effective January 1, 2024, most Virginia community associations will be required to comply with the federal Corporate Transparency Act (CTA) and its regulations, unless a community association fits within one of the narrow exemptions to the Act. Read the article…………………………….
HOAs are blocking solar panels and native lawns. Here’s how to fight back.
More Americans than ever are running afoul of their HOAs for updating their homes in ways that benefit the environment, adding solar panels, native lawns, EV chargers, clotheslines or gardens. Once a rarity, 84 percent of newly built, single-family homes sold in 2022 were part of HOAs, according to the U.S. Census Bureau. Read the […]
Homeowner’s discrimination suit against HOA dismissed (VA)
Where a man alleged he was treated differently by his homeowner’s association because of his national origin, but he failed to allege enough factual detail that could plausibly show that his property was similarly situated as the properties owned by his neighbors who were treated differently, his suit was dismissed. Read the article…………………………….
HOA members obstructed access to riverfront pier — $400,500 verdict (VA)
Plaintiffs included a homeowner’s association in Gloucester County and several of its lot-owning members. Defendants are also members of the homeowner’s association with a waterfront lot within the subdivision. Defendants’ waterfront lot is encumbered by half of a 15-foot ingress and egress easement to a community pier, which pier is affixed within the easement above […]
Court must provide ‘concise but clear explanation’ for reduced fee award (VA)
A trial court’s failure to explain its reduction of attorneys’ fees awarded to the plaintiffs — who substantially prevailed in litigation against a homeowners’ association — resulted in the Virginia Court of Appeals remanding the case for reconsideration. Read the article…………………………….
How to do battle with your homeowners association
Homeowners’ Associations, also known as HOAs, are often necessary and helpful — especially in multi-unit dwellings or communities with a lot of common areas — but if you poll your neighbors about whether they enjoy living in one, you’ll likely receive mixed reviews. Read the article……………………………….
‘Grossly out of proportion’: HOA can’t tear down noncompliant homes (VA)
The Western District of Virginia held that it would be “grossly out of proportion” to allow a homeowner’s association, or HOA, to destroy three homes that were built without approval of its architectural review board that didn’t exist at the time. Read the article…………………………………
Court won’t order owners to destroy houses (VA)
Where a homeowners’ association argued the court should order homeowners to tear down houses allegedly built in violation of the association’s covenants and restrictions, the court refused. Demolition of their homes would be grossly out of proportion with the relief sought. Read the article………………………………..
Lender Questionnaires and Management Contracts (VA)
In an effort to keep you up to date on changes in the law and regulations, in this edition we want to update you on lender questionnaires for condominium communities and a new law regarding the termination of association management contracts. Read the article………………………………..
The Corporate Transparency Act (CTA)’s Beneficial Ownership Information Reporting Requirements: What Do Community Associations Need to Know?
In 2021, Congress passed a law to create more transparency as to the individuals that control organizations and corporate entities. The Corporate Transparency Act (“CTA”), adopted in 2021, may begin affecting community associations on January 1st, 2024. Pursuant to the CTA, the Financial Crimes Enforcement Network (“FinCEN”) has enacted a new rule to primarily combat […]
EV Chargers In Fairfax County: The Pilot Program And More Details (VA)
There is a pilot program for EV chargers in Fairfax County that encourages the use of electric vehicles. The county is adopting this program to promote sustainability and economic prosperity in Fairfax while limiting greenhouse gas emissions. It’s working with condominium and homeowners associations and large, multi-family apartment buildings to realize its vision. Read the […]
Are HOA Rental Restrictions In Virginia Legal?
It is not uncommon to encounter HOA rental restrictions in Virginia. However, homeowners may question whether such restrictions are valid and enforceable. After all, homeowners sometimes purchase properties intending to rent them out. And an association’s limitations on rentals can interfere with that. Read the article………………………………
What Is The Memorandum Of And Judgment Lien In Virginia?
Homeowners associations can typically secure a judgment lien in Virginia in an attempt to collect unpaid dues from members. However, many homeowners don’t understand what judgment liens are. Some even question whether or not HOAs have the authority to impose such a lien. On the flip side, some board members don’t know how judgment liens […]
Tips for Amending Governing Documents (VA)
The governing documents of a community association include the recorded covenants (often called the declaration, deed of restrictions, CC&Rs, etc.), bylaws and, if the association is an incorporated entity, its articles of incorporation. The governing documents and applicable law, such as the Virginia property owners’ association, condominium and nonstock corporation acts, may also establish authority […]
What to do if the Association is Sued
One of the most frustrating issues a community association board of directors has to deal with is what to do if the association, the board, or an individual director is sued. It is the duty of the board to act in the best interests of the association and make decisions that are consistent with the […]
Court says man can keep ‘emotional support emu’ in suburbia (VA)
A Virginia man was allowed to keep his emotional support emu after the trial judge found that the exotic bird was a “companion animal” rather than “livestock” under the municipal and state codes. Read the article………………………..
Virginia HOA Foreclosures: What VA HOA Homeowners Should Know
Virginia HOA foreclosures are a possible consequence that homeowners may face should they fail to pay their dues. Believe it or not, members of an HOA risk losing their homes when they default on their payments, with the association taking possession of the home and auctioning it off to satisfy outstanding debts. Here’s what you […]
Virginia HOA Laws
Most states have laws that govern homeowners associations and condominium associations. Virginia is one of them. A few Virginia HOA laws can affect the operations and management of an HOA or condo association, though. And it is part of the association board’s job to familiarize themselves with these laws to ensure compliance and protection from […]
Covenant Enforcement and the Automatic Bankruptcy Stay (VA)
Little can be more frustrating to an association than when a non-compliant homeowner files for bankruptcy. The bankruptcy laws are complex, and navigating them can be a challenge even for the most sophisticated managers. One of the broadest protections for homeowners that file bankruptcy is the “automatic stay.” Read the article………………………..
2023 Virginia Legislative Changes Affecting Community Associations
The Virginia General Assembly had a busy 2023 session that involved consideration of proposals for new laws that would impact community associations, some of which were passed by both houses and ultimately signed into law by Governor Youngkin. Highlights of the laws, which take effect on July 1, 2023 are discussed below. Read the article………………………..
Covenant Enforcement and the Automatic Bankruptcy Stay (VA)
Little can be more frustrating to an association than when a non-compliant homeowner files for bankruptcy. The bankruptcy laws are complex, and navigating them can be a challenge even for the most sophisticated managers Read the article………………………..
Virginia 2023 Legislative Update for Common Interest Communities
The Virginia General Assembly approved a number of bills during its 2023 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills into law and the new laws will take effect on July 1, 2023. We have outlined the legislative action taken by the […]
Significant Court of Appeals Decisions Impact Association Authority (VA)
Two recent decisions from the Court of Appeals of Virginia underscore the need to closely review an association’s governing documents for recorded covenants, either monetary or nonmonetary, that association boards wish to enforce. In particular, the Court of Appeals has now addressed boards spending associations’ assessments on services unrelated to common areas (or presumptively common […]
2023 Virginia Legislative Update Adjournment and Passage
Throughout the legislative session, the 15-member CAI Virginia Legislative Action Committee (“Virginia LAC”), of which Chadwick Washington’s own Jerry Wright is a member, closely monitored forty-three bills that were identified as having a potential impact on planned communities. Of those bills, only three bills directly impacting community associations were adopted Read the article………………………..
Love it or Hate it, Your Community’s Governing Documents Reign Supreme
The host of Last Week Tonight with John Oliver recently made waves by criticizing common ownership community standards and enforcement actions. What John Oliver failed to mention is that associations not only have a right to regulate and enforce their governing documents, but an obligation to do so and residents have an obligation to comply. […]
Parking space dispute correctly resolved (VA)
Where appellant condominium association reallocated parking spaces, the trial court correctly concluded that appellant breached its contract with appellee and violated Virginia’s Condominium Act and a county zoning law. Read the article………………………..
HOAs Inadvertently Caught in Federal Crossfire: Ten Things You Need to Know About Community Associations and the Corporate Transparency Act
It’s easy to forget that community associations are corporations—and yet, today most community associations are incorporated. Community associations are subject to their state’s corporate statutes; but soon, they will be subject to the federal Corporate Transparency Act (“CTA”) too. Read the article………………………..
Not My Circus, Not My Monkeys! Or… Is it? Condominium Casualty Losses and Insurance Issues (VA)
The following scenario is all too familiar for many who live in or manage a condominium: a pipe bursts in a unit, water is everywhere, panic ensues, with all those affected looking to the association to both stop the water leak and make the repairs. The initial instinct on the part of the association may […]
Legal SPF: Summer Protection For Community Associations (VA)
We are on the cusp of Spring, which means Summer is just around the corner. And pool season is the hallmark of Summer. In addition to securing a pool service contractor and/or lifeguards, community associations should consider the broad spectrum of responsibilities and measures related to the pool. Below is our suggested checklist of items […]
Virginia Appellate Court Rules HOA Compliance Inspection Fees Violate State Law
The Court of Appeals of Virginia recently ruled that a homeowner association (HOA) violated Virginia law by imposing an annual fee for inspecting each property owner’s lot to ensure that it complied with the HOA’s rules. Read the article………………………..
Appeals court: HOA inspection fees unlawful (VA)
A challenge to inspection fees assessed by a homeowners’ association in a large development has succeeded after the Court of Appeals of Virginia found that the individual fees weren’t expressly authorized by the association’s declaration. Read the article………………………..
Condo association’s lot inspection fee invalid (VA)
Where a statute provides fees and charges must be authorized expressly by statute or a condo association’s “declaration,” appellee condo association’s annual lot inspection fee is invalid because the fee is not authorized by the declaration and does not relate to common area use. Read the article………………………..
Addressing the Epidemic of Bad Behavior
Across our client base, we have been witnessing an apparent uptick in incidents of bad behavior by community association owners and residents. Here are some examples: Read the article………………………..
Condo rules for animals vary widely
When my clients are considering the purchase of a condominium or cooperative, they initially have three association guidelines on their minds: the rental policy, the renovation policy, and the pet policy. Read the article………………………..
IN VIRGINIA MEMBERS SHOULD HAVE TWO WAYS TO COMPLAIN – (BUT WAIT UNTIL AFTER THE HOLIDAYS!)
We have observed that there are some association boards which are not aware of a distinction between state law requirements and necessary internal procedures for complaints. In this article we distinguish between the process to be followed for a complaint concerning a violation of state law or regulations vs. a complaint about the actions of […]
But My Constitutional Rights?! (VA)
Among the criticisms often levied at community associations is a claim that boards of directors cannot infringe on residents’ Constitutional rights. With Bill of Rights Day being celebrated on December 15th, marking the anniversary of the ratification of the first ten amendments to the United States Constitution in 1791, now is a timely opportunity to […]
Regulating Holiday Displays
Regulating holiday displays can be a tricky topic and association boards of directors are well advised to keep certain things in mind when dealing with it. With the holiday season upon us now is a great time to brush up on some important principles when it comes to adopting and enforcing rules regulating the display […]
2022 Virginia Legislative Update for Common Interest Communities
The Virginia General Assembly only approved a few bills during its 2022 legislative session that impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills into law in March and the new laws will take effect on July 1, 2022. Read the article………………………..
Dealing With Electric Vehicle Charging in Your Association (VA)
As the popularity of electric vehicles increases the time is here for associations to focus on charging stations and individual charging at the owner’s residence. Virginia statutes require associations to permit electric vehicle charging unless their documents prohibit it. Of course, most documents don’t deal with the topic at all although newer documents certainly will. […]
Can Board of Directors assign parking spaces in common areas? (VA)
Occasionally we have inquiries regarding the authority of an Association exercised by the Board of Directors to assign parking spaces located in the common areas for the exclusive use of particular unit or lot owners. Read the article………………………..
Civility in an Uncivil World
Over the past few years, some aspects of customary, socially correct behavior has seemed to regress or at times even disappear. From leaders in the highest offices to our most beloved celebrities, we can read about name-calling, blaming, threats, and even outright violence. Read the article………………………..
What is Boilerplate Anyway? (VA)
If you’ve heard it once, you’ve heard it a thousand times – the general terms at the end of an agreement being referred to as “boilerplate” provisions, a phrase that misleadingly suggests that these provisions are of lesser importance. As it turns out, both the original boilerplates and the modern-day contract provisions that carry the […]
Condo Insurance? Why Do I Need That?
If you own or are looking to own a condominium unit, you will find a requirement by the lender for you to purchase condominium insurance. Condominium insurance, or condo insurance, is required by the lender. It ensures that the inside of your unit will remain in the same condition as it is when the lender […]
8 Characteristics of a Great Board/Management Company Relationship
There are seminal moments in our lives and careers. One of mine was circa 1985. I bumped into a board member of a condominium for whom my maintenance company had completed some projects. The question she asked me that lovely spring day on a bustling city sidewalk 35 years or so ago changed the way […]
The “Validation Notice” and Complying with New FDCPA Regulations
If your association refers delinquent accounts to our firm (or any other law firm or collection agency), you may notice a few changes to debt collection policies and procedures, such as references in collection status reports to sending a “validation notice” as the first written communication sent to a debtor. Why? Because on November 30, […]
Updated: Virginia Property Owners Association Act 2021
In Virginia, homeowners associations are governed by the Virginia Property Owners Association Act. Condominiums, on the other hand, follow the Virginia Condominium Act. Legislators recently passed numerous bills affecting these two statutes. Read the entire article……………………………….
6 Steps for Reviewing and Revising Your Association Rules & Regulations (VA)
STEP 1 – The board of directors should establish an ad hoc committee on rules to periodically review and suggest changes (not make changes!). STEP 2 – Those suggestions would be reviewed by the association manager with comments being given to the committee and the board of directors. Read the entire article……………………………….