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/ Owner - June 21, 2012

Virginia Condo & HOA News

  • Virginia woman battles HOA over tree removal after fallen tree killed her husband March 16, 2024
    A Virginia woman who says she cut down the trees in her yard after one fell on her house and killed her husband last year finds herself in a dispute with her homeowners association.  Allan Lee was taking a shower last July when a tree crashed through the house and killed him.   Read the article…………………………….
  • Massanutten Property Owners Association asks SCC to delay water rate increase as condemnation case drags on (VA) March 14, 2024
    Rockingham County is currently in a court battle with the Massanutten Public Service Corporation in an attempt to take over Massanutten Mountain’s private water system.  Last April, at the request of Massanutten residents, Rockingham County Supervisors voted to file for condemnation against MPSC due to its abnormally high water rates and other service-related issues.  As the court case drags on, the Massanutten Property Owners Association is seeking help at the state level to stop any further rate increases.     Read ...
  • Homeowners Associations implore Board to require public input for data centers (VA) March 8, 2024
    Residents of the community around Plaza 500 in Alexandria implored the Fairfax County Board of Supervisors to require public input and approval before building large data centers, as they plan to do in Bren Mar. Plaza 500 is on the border with Springfield near Industrial and Edsall roads.   Read the article…………………………….
  • HOA president: Neighbors ‘very afraid’ German Shepherds at center of legal fight will hurt someone (VA) February 27, 2024
    In a phone interview, David Rusk, president of the BrookAnnLeigh Homeowners Association — the neighborhood where Smith lives, said he has personally witnessed the dogs “tormenting” cattle in the neighborhood and behaving in what he described as a threatening manner. According Rusk, there has been a pattern of multiple German Shepherds escaping from Smith’s property and roaming as a pack.   Read the article…………………………….
  • Lake Monticello residents ready to take fight over water rates to Richmond (VA) February 24, 2024
    The water may be placid but the water rates are rising fast at Lake Monticello.  Aqua Virginia, a utilities company which provides water and waste management to 36 localities across Virginia, has proposed an overall rate increase of 29.4% for its customers residing in the Fluvanna County gated community surrounding the manmade lake.    Read the article…………………………….
  • Portsmouth homeowners association working to get ‘back to normal’ after leadership dispute (VA) February 22, 2024
    Newly elected homeowners association leaders of a middle class community in Portsmouth are working to get things back on track after fighting with a board residents say had been hijacked by some politically-connected individuals.   Read the article…………………………….
  • Emails detail HOA’s ‘strategy within a strategy’ to resist Purcellville interchange (VA) February 1, 2024
    During the Jan. 23 meeting, Mayor Stanley Milan and council member Mary Jane Williams said there is new information about the negotiations between the Catoctin Meadows Homeowners Association, which owns the land and opposes the eastbound ramp, and Loudoun County, which plans to build the interchange.Read the article…………………………….

Virginia News Archives

Virginia Condo & HOA Articles

  • 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 mean low water to neighboring property owned by two of the plaintiffs.   Read the article…………………………….
  • 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 money laundering, tax fraud and the financing of terrorism. While both problems seem far removed from the operations of community associations, FinCEN’s regulations appear to ...

Virginia Article Archives

 

Virginia Laws

Common Interest Communities Statutes

Condominium Act

Property Owners’ Association Act

Real Estate Cooperative Act

Time Share Act

Common Interest Community Management Information Fund Statutes

The Office of the Common Interest Community Ombudsman –  was established by the 2008 General Assembly and was created to: Assist members in understanding and exercising their rights in resolving issues with their common interest community associations

Common Interest Community Board – The Board was established to regulate Common Interest Community Managers, via a licensure program for management firms, and principal and supervisory employees of the licensed firms.

SB 1228 Va. Fair Housing Law; responsibilities with respect to use of an assistance animal in a dwelling

Common Interest Community Board

The Common Interest Community Board regulates common interest community managers, as well as certain employees of licensed management firms. The Board’s authority also includes condominium and time-share project registrations, and extends to transactions occurring within Virginia, even if the property involved is located outside the Commonwealth. Property owner, condominium, and cooperative associations are required to file annual reports with the Board.

All forms and documents are at this link.

Office of the Common Interest Community Ombudsman

Homeowners’ Associations

The Office of the Common Interest Community Ombudsman offers assistance and information to homeowners’ association members regarding the rights and processes available to them through their associations. The Ombudsman is responsible for receiving “notices of adverse decision” from association members who allege an association governing body violated common interest community laws or regulations. The Office also receives reports of violations concerning timeshares.  The Common Interest Community Board is separate and distinct from the Office of the Ombudsman. The Board is the regulatory body responsible for licensing association managers, certifying certain employees of licensed management firms, receiving annual reports filed by associations, and registering condominium and time-share projects registrations.

All forms and documents are at the link.

Virginia Condo & HOA Resources

 

Fairfax County has a large number of publications available

Henrico County has a number of articles and links available

The law firm of Rees Broome, P.C. has a numbr of articles available

The law firm of MercerTrigiani has a number of articles available

Community Associations Network has chapters located:

Central Virginia Chapter
Richmond and vicinity

Southeastern Virginia Chapter
Hampton Roads and vicinity

Southwest Virginia Chapter
Roanoke, Blacksburg, and vicinity

Washington Metropolitan Chapter
Washington, DC and vicinity

 

 

Virginia Condominium & Homeowner Association Blogs

Virginia HOA & Business Weekly
Virginia Community Association Law
Virginia Condominium & Homeowner Association Law

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