You serve on your condominium or property owners’ association’s board of directors and have been receiving complaints about unauthorized cars and space shortages in the community’s parking lot. The Board would like to designate specific parking spaces for use by designated units so that each unit has a certain number of parking spaces available to […]
Parking Rights and Common Area / Common Element: Can the Association (or Declarant) Do That?!
You serve on your condominium or property owners’ association’s board of directors and have been receiving complaints about unauthorized cars and space shortages in the community’s parking lot. The Board would like to designate specific parking spaces for use by designated units so that each unit has a certain number of parking spaces available to […]
Revising your Rules and Regs? Keep it Simple!
Often associations review their rules when they want to make some change or addition, but it is best to review all the rules at least every 5 years because a few things do change periodically in the make-up and needs of every community. So here are some guidelines for your review that might prove useful […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
How To Get Involved With Your Community Association
The biggest way to have an impact on your community association is to obtain a seat on the board of directors (the “Board”). However, if your association is still under developer control (and the developer appoints the directors) this might not be possible. In addition, a position on the Board is a serious commitment and creates […]
Is ADR Right for You? A Primer
Several posts out here in the legal blogosphere have discussed alternative dispute resolution (ADR). One good post out there relating to arbitration is by my friend Matt Devries at his great blog Best Practices Construction Law. In his post, Matt sets forth the case for arbitration as a dispute resolution mechanism in the right situation. […]
“Aging In Place” – How can community associations address aging communities?
When we think of the challenges of overseeing homeowners’ associations, we might think of overgrown lawns, late assessment payments, and aggressive pets. But another challenge has been waiting in the wings: the aging of America’s “baby boomer” generation, many of whom are choosing to live out their golden years in their homes. Read more….
HOA Litigation: Is it avoidable?
We have written previously on the costs—both in time and money—for homeowners and condominium associations to litigate cases. On one hand, boards of directors have a fiduciary duty to uphold the governing documents of associations, but on the other, the board must investigate alternatives to the divisive nature of litigation. Read more…..
Staying Close to Nature, and to Neighbors
There’s an unexpected bonus tucked within the Pinewood Lake community, just a few blocks from bustling Route 1 north of Fort Belvoir. Read More……
Scoggins v. Lee’s Crossing Homeowners Assoc. (Virginia)
Plaintiffs and their son appealed the district court’s summary judgment holding that they were not entitled under the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-3631, to an accommodation and a modification that they requested from the HOA. Read More……
99 Candles: Bob Simon Celebrates Near-Century, Remains Awesome (Reston founder)
Reston founder Robert E. Simon turned 99 today, which is pretty amazing. In many ways, he looks as good as, if not better than the community he founded (which turns 49 today). He celebrated the eve of his birthday by attending the RA annual members meeting last night, which is more than most of us […]
The Big Bad HOA: Not Actually So Big and Definitely Not So “Bad”
We see many news articles about a big, bad homeowners’ association interfering with Harry Homeowner’s “right” to live peacefully in his neighborhood. Whether it is demanding the removal of a flag pole that is too tall or forcing an owner to paint a faded mailbox, the stories we read often leave us asking the question: […]
Part 2 on Virginia’s Unauthorized Practice of Law Rules and Community Associations – What is considered the unauthorized practice of law?
Virginia has only one UPL opinion that pertains specifically to HOAs. UPL Opinion 139 addresses “whether a company providing management services to a condominium association, may prepare and file liens on behalf of the association.” A lien filed for a condominium, pursuant to Va. Code Ann. § 55-79.84, or a lien filed pursuant to Va. […]
How to Run An Effective HOA Board Meeting
Have you ever asked yourself after an Association board meeting “what went wrong?” The flow of the meeting was off, the meeting went on way too long and the atmosphere was unwelcoming for the owners who came to observe. With some careful preparation and attention to some simple tips, you can leave your next board […]
“So What If You Don’t Fix It Right Now?”
As we know, a Condominium Association has many duties and obligations to fulfill including the collection of assessments, and the enforcement of the provision of the Condominium Documents.(1) In addition, the Association also has another very important duty: the maintenance and repair of the common elements. This duty not only is relevant to the aesthetics […]
Have You Updated Your HOA Management Contract Lately?
Many of us are so busy in performing the work that we are hired to do that we often neglect the housekeeping we should do for our businesses. Management agreements with community associations may fall into this category. As with many agreements in which sections are revised but the whole contract is not reviewed, management […]
In OpenBand lawsuit, stage set for complex case
A $50 million lawsuit filed by telecommunications provider OpenBand will head to court in February, marking a new escalation in a years-long, increasingly litigious battle involving the Dulles-based company, its eastern Loudoun customers and county supervisors. Read More……
Reston’s Shadowood condominiums make new Va. case law, can’t impose fees on rule violators
The Shadowood condominium complex, on South Lakes Drive in Reston, has been ordered to stop charging fees for rules violations because its original master deed doesn’t allow it. The court ruling has implications for condo and homeowner associations across Virginia. Read More……
Neighborhood Association Unveils Its Own Library
The Fairview Mews Homeowners Association, representing a neighborhood of about 150 households located off of South Glebe Road and South Walter Reed Drive, has established a Little Free Library, one of about 2,000 of the kind around the globe. Resident Rob Walter read an article on the library movement, and won support of the association’s board […]
VA: Community Associations and the Power to Adopt Rules and Regulations: Is it more limited than we think?
Community Associations that have adopted rules and regulations that permit the association to avail itself of the enforcement capabilities found in Va. Code Ann. § 55-79.80:2 or § 55-513(B) should have counsel review the governing documents or condominium instruments, as applicable, in light of an unpublished Virginia Supreme Court order in Shadowood Condominium Association et […]
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]