In this episode, the Nerds provide a primer and some insight on the Common Interest Community Ombudsman – an administrative arm of the state government that provides limited oversight of community associations and their management agents. This is very state specific, so be sure to check with counsel if you work or reside outside the […]
Golf Carts In HOAs: Rules, Policies, and Insurance
Should you allow golf carts in HOAs? This is a question many HOA boards ask, especially those in charge of golf communities. While golf carts offer ease of transportation, they also have downsides. The best way to circumvent these downsides is to enact rules and policies that regulate the use of golf carts and ensure […]
Community associations and environmental leadership (VA)
Community associations are familiar local institutions. They serve residents by enacting and enforcing community rules, managing any common areas, and enhancing the neighborhood’s quality of life. In addition, in recent years, a number of community associations in Northern Virginia have chosen to expand stewardship of their lands to the native flora and fauna inhabiting them. […]
6 Suggestions For Homeowners Associations To Mitigate Their Exposure to Potential Liability
A recent case reported in Virginia Lawyers Weekly highlights the significant financial risk to homeowners associations (“HOAs”) when sidewalk maintenance is neglected. In this case, a resident tripped on an uneven sidewalk—maintained by the HOA—and suffered severe injuries. The injuries required surgery and 10 months of treatment, resulting in $200,000 in medical expenses. The plaintiff […]
Business bar left to watch fight over CTA
Business attorneys are following a seesaw battle over the federal Corporate Transparency Act after the 5th Circuit Court of Appeals on Tuesday lifted a federal district judge’s injunction earlier this month against enforcement of the law’s registration deadline. U.S. District Court Judge Amos L. Mazzant III of the Eastern District of Texas issued a preliminary […]
The Reality of EV Charging Stations for Communities
So how popular are electric vehicles these days, really? According to Kelley Blue Book estimates, about 7.6 percent of new cars sold in the United States in 2023 were electric, and some sources predict that that number will rise to 10 percent for 2024. While that might not sound like a lot, the growth curve […]
Community Association Management Contracts Considerations: Terms and Notice Provisions (VA)
Community association management contracts play a crucial role in defining the relationship between community associations and their management companies. This is the second installment of the series focusing on some key provisions of community association management contracts. In the first post, we discussed the concept of indemnification and indemnification provisions in such contracts. Read the […]
The Importance of Regular HOA Reserve Studies in Virginia
HOA reserve studies play a crucial role in maintaining the financial health and stability of homeowners associations in Virginia. These studies provide a comprehensive assessment of an association’s long-term financial needs, ensuring that adequate funds are set aside for future repairs and replacements of common area assets. By conducting regular reserve studies, HOAs can avoid […]
An Update on Compliance with the Corporate Transparency Act (VA)
Community Association clients should be familiar with the background and requirements for the law known as the Corporate Transparency Act (“CTA”). Congress recently enacted this law to address and curb money-laundering and terrorist financing. Unfortunately, it has ensnared a broad range of businesses within its requirements, including condominiums, cooperatives and homeowner’s associations. Upon realizing the […]
Ten Legal Pitfalls for Community Association Boards and Managers in Virginia
Community association boards and managers in Virginia play a vital role in maintaining the well-being of their communities. However, this role comes with numerous legal responsibilities and potential pitfalls. This article explores ten legal challenges that community association boards and managers may encounter in Virginia. Read the article…………………………….
Contract: Business prevails in dispute with community association (VA)
Where a property association alleged a business failed to seek its approval before rezoning the property, but the current owner did not own the property until two months after the Board of Supervisors approved the rezoning application, it was not required to seek approval from the Association. Read the article…………………………….
A Legislative Fix for Virginia Community Associations After Palisades Park
The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76 Va. App. 577 (2023). This legislative change ensures community associations can collect fees from residents for the association’s contractual or legal obligations […]
Important Bills passed in 2024 General Assembly (VA)
It was a busy legislative session for community associations. New laws on a variety of significant topics were enacted. Among them are significant changes to the sections which deal with reserves for replacing components of the common area and new provisions in the resale certificate procedures and requirements. Read the article…………………………….
Community Association Management Contracts Considerations: Indemnification (VA)
Community associations are engaged in multi-faceted and dynamic operations, often handling a wide assortment of items from handling reserve funds to arranging for swimming pool operations. There are also considerable administrative burdens in the operation of a community association such as handling communications with owners, payment of insurance premiums, collection of assessments, and preparing Virginia […]
2024 Virginia Legislative Changes Affecting Community Associations
The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium unit owner associations, which take effect July 1, 2024. Read the article…………………………….
The Virginia Condominium Act Turns 50
While the country is set to celebrate Independence Day, that is not the only special occasion this week. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on July 1, 1974. It superseded the Horizontal Property Act, which was enacted in 1962. Condominiums […]
In Arlington’s race to become carbon neutral, some residents seeking green upgrades feel left behind (VA)
“Being a condo owner, getting some support and how to navigate these conversations for a condominium association would be helpful,” she said. “I think the county has some good staff and are doing a lot of work. It’s just having resources of people that have successfully done that with their condo association — kind of […]
Injunctive relief not barred by dec judgment action (VA)
Where a litigant is otherwise entitled to injunctive relief, the fact that a declaratory judgment action is pending does not prevent a circuit court from awarding that relief. The statute only precludes injunctive relief when the only basis for the injunction is the mere fact that a declaratory judgment action is pending. Read the article…………………………….
2024 Virginia Legislative Updates for Common Interest Communities
The Virginia General Assembly approved a number of bills during its 2024 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, 2024. We have outlined the legislative action taken by the […]
Virginia’s Premises Liability Law and Swimming Pool Accidents
Swimming pools are a popular attraction during the summer months, offering a refreshing way to beat the heat. However, with great enjoyment comes the responsibility of ensuring safety for all pool users. In Virginia, premises liability law holds property owners accountable for maintaining safe conditions on their premises, including swimming pools. This blog post aims […]
Virginia Community Associations and the Corporate Transparency Act: New Federal Reporting Requirements Effective January 1, 2024
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…………………………….
‘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 […]