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Originally posted 2011-01-20 08:30:43. Republished by Blog Post Promoter
Well, we have written about protecting the attorney-client privilege and about safe emailing tips when emailing your attorney. Although we thought we had it pretty well covered, a recent decision from a California appellate has given us something more to think about.
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Filed under: Business Planning, Common Interest Community, General Interest, HOA litigation, John Tarley, Real Estate Litigation, State & Federal Litigation by John Tarley
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Originally posted 2011-05-25 09:00:36. Republished by Blog Post Promoter
This blog post comes from Jason Howell, a second-year law student at the William & Mary Law School. Jason is working with us this summer and debuts his first blog post.
Negotiation can be challenging. Whether you are negotiating the terms of a business agreement, trying to buy or sell property, or settling a dispute, getting to an agreement can be difficult. Even if you are successful in getting the other side to negotiate with you, you may feel at a disadvantage or worry that there is something in the final negotiated agreement you are missing. Hiring an experienced attorney to represent you can give you advantages that can help you get to an acceptable agreement. By using an attorney in your negotiation, you can benefit from the attorney’s knowledge and skill, which can help you to reach your negotiation goals. (more…)
Filed under: Business Planning, General Interest, Merger & Acquisition, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation by John Tarley
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Originally posted 2010-09-06 09:37:24. Republished by Blog Post Promoter
Yes, Virginia, property owners’ associations and condominium associations are required to have a reserve study. At least once every five years an association must obtain a study to determine the necessity and amount of reserves (i.e. financial savings) required to repair, replace and restore capital components. Capital components are those items, regardless of whether they are part of the common area or common elements, for which a) the association has an obligation to repair, replace or restore, and for which b) the board or executive organ determines that funding is necessary.
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Filed under: Common Interest Community, HOA, Susan B. Tarley by John Tarley
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Originally posted 2011-06-08 09:00:26. Republished by Blog Post Promoter
It’s a fundamental rule in Virginia that the Plaintiff (the person filing a lawsuit) can only recover the relief requested in the Complaint. In a recent unpublished decision, the Virginia Supreme Court reaffirmed the requirement that a party can only get relief if they ask for it. (more…)
Filed under: Construction litigation, Contributors, General Interest, HOA litigation, John Tarley, Real Estate Litigation, State & Federal Litigation by John Tarley
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May 18, 2012 on 7:55 pm
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Originally posted 2012-04-16 08:22:32. Republished by Blog Post Promoter
We wrote earlier about a Charlottesville case in which the court analyzed the duty to disclose for a seller of residential real estate. Although Virginia follows the general rule of caveat emptor, the court ruled that the seller, who was also a licensed real estate agent, may have violated a duty to disclose material adverse facts.
The purchasers alleged two other counts, alleging that the seller failed “to disclose the adjacent drain problems and history of flooding, constituting both fraudulent misrepresentation and constructive fraud.” The court dismissed those claims while providing a nice, succinct history of the law of fraud in the sale of a home. This blog post reviews the general rules of fraudulent misrepresentations in residential real estate sales.
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Filed under: Construction litigation, General Interest, John Tarley, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation by John Tarley
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May 17, 2012 on 9:12 pm
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Filed under: General Interest by John Tarley
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Originally posted 2011-07-26 08:30:49. Republished by Blog Post Promoter
Community Associations have been the subject of a lot of bad press lately. A recent Associated Press article is typical of news reports that lambast associations. The article tells about a 55-and-older condo complex in Florida. According to the article, units in the Inlet House condo complex used to be worth $79,000, but sold for as little as $3,000 after rats started chewing through toilet seats and sewage started leaking from the ceiling. The article goes on to vilify the condo association for levying a $6,000 special assessment on residents and then foreclosing on owners who don’t pay their dues.
In its eagerness to blame the condo association for the woes of these senior citizens, the article and many blogs pointing out the “abuses of HOAs” miss an important point: the association may be the only group really looking out for the interests of the owners. Let’s look at what the article does not allege: it does not allege that the Association was responsible for the rat infestation or the sewage leak and it does not allege that the Association could have prevented the housing meltdown that contributed to the decline in property values. (more…)
Filed under: Common Interest Community, HOA, HOA litigation, Jason Howell, Real Estate Litigation, Real Estate Strategies, Susan B. Tarley, Unit Owners Association by John Tarley
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Originally posted 2010-06-10 13:27:18. Republished by Blog Post Promoter
Although it’s only one case, and it probably will be appealed, a Virginia federal court judge determined that a homeowners insurance policy did not cover losses resulting from Chinese drywall. The case is TRAVCO Ins. Co. v. Ward. Frankly, the decision is not surprising, but it does provide another roadblock to homeowners looking for assistance in paying for drywall replacement. Nothing has happened thus far, including the award of a large default judgment against Chinese manufacturers of the drywall, that provides any immediate financial relief to those homeowners. Therefore, if you are in the market to buy a house, you need to take precautions when considering homes built between 2004 and 2007, the timeframe generally accepted as when the Chinese drywall was used prominently in new home construction. The Consumer Product Safety Commission and James City County Code Compliance has a wealth of information and reports regarding the ongoing investigation of Chinese Drywall.
UPDATE: The James City County Board of Equalization has reduced to $100 the home values of Chinese drywall victims. These legislative solutions will probably become the only source of financial relief for homeowners.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
Filed under: John Tarley, Real Estate Strategies, State & Federal Litigation by jtarley
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Originally posted 2011-01-25 09:00:35. Republished by Blog Post Promoter
It’s the beginning of a new year so let’s start with some basic nuts and bolts information regarding homeowners associations. We’ll begin this series of blog articles with a discussion of the phrase “Governing Documents” which is used by board members, managers and homeowners.
What are the Governing Documents? (more…)
Filed under: Common Interest Community, Contributors, General Interest, HOA, HOA litigation, Susan B. Tarley by John Tarley
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