Posts by Susan Tarley:
ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools
April 23rd, 2020We have blogged about new requirements under the Americans with Disabilities Act (“ADA”) that may affect Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas. Subsequently, we updated our previous post to report upon an update to the required compliance date.
The Justice Department has now issued a “final rule” revising “the Department of Justice regulations implementing the Americans with Disabilities Act to extend until January 31, 2013” as the compliance date for the ADA Standards for Accessible Design for existing pools and spas.
Consequently, if your HOA or Condo Association allows non-members of the association to use its pool in exchange for some form of compensation, your pool may fall under the definition of a public accommodation. If it does, the association would have to comply with the new ADA Standards and provide accessible entry and exits no later than January 31, 2013. What does that mean for your HOA?
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HOAs and Transition from Developer Control – 101
April 23rd, 2020Owners in most community associations—both homeowner associations and condominium associations—eventually reach the point where the developer transfers control of the Board of Directors to the owners. This blog post provides an introduction to the transition process and what owners can expect.
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Implementing an HOA Complaint Procedure – Slideshow Presentation
April 23rd, 2020Still need information for your association’s required Complaint Procedure? Here is the slideshow for the Complaint Procedure Seminar Sept 2012 revised Susan Tarley presented in Williamsburg in September 2012.
This slideshow presentation is provided for informational and educational purposes only. This presentation does not constitute legal advice and should not be relied on. Legal advice can only be provided after consultation with an attorney with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. Your use of this slideshow presentation and the information in it does not create an attorney-client relationship. Such a relationship can be created only with a written agreement signed by us and by you.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
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In a Heartbeat – Is an HOA liable if it provides an AED?
April 23rd, 2020It happens in a heartbeat – literally. Sudden cardiac arrest is a leading cause of death among adults over the age of 40 in the United States and other countries. Studies have shown, however, that when bystanders intervene and start cardiopulmonary resuscitation (“CPR”) or utilize an automated external defibrillator (“AED”), four out of ten victims actually survive this otherwise certain killer.
Community associations considering installing an AED at the clubhouse or pool are understandably concerned about liability. What if someone uses it incorrectly? Is the Association required to provide training? Should access to the AED be limited? What if the AED has not been maintained?
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How does our HOA hire a Reserve Study specialist? (Part 3 of a 3 part series on Reserves)
April 23rd, 2020Although Virginia law does not address who can perform a reserve study, it is clearly in the best interest of an association to hire a credentialed professional to conduct a reserve study for the community. Professionals who provide reserve studies include licensed Professional Engineers (PE), Architects (AIA and/or RA) and experts such as a Reserve Specialist (RS) or Professional Reserve Analyst (PRA).
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HOA Board Actions Without A Meeting – Community Association operations during COVID-19
April 23rd, 2020Our attorneys have been asked to address a community association’s ability and process for boards of directors to make decisions without holding a meeting. Many community associations have responded very quickly to make adjustments in how they are doing business to limit contact and follow the health guidance on COVID-19. Typically, we are advising our community associations to not make decisions unless they are doing so at a board meeting. However, we are in uncharted waters and need to make sure that we are following the requirements of social distancing and isolation, and at the same time continuing the operations of the HOA, all with transparency to permit the owners in the community to know what decisions are being made.
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Benefits of HOAs Part 3: The Importance of Assessments to your Community
April 23rd, 2020To many homeowners, the assessments they pay to their homeowners or condominium association are just one more bill each month. Too often, owners don’t realize the benefits they get in exchange for these assessments. Some owners even go so far as to stop paying their assessments. A careful review of your association’s budget would show that the benefits for owners that come from their assessment payments far surpass the cost of the assessment. But when an owner chooses not to pay, everyone in the community bears the consequences.
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“Aging In Place” – How can HOAs address aging communities?
April 23rd, 2020When 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. This rising trend is presenting new and unique challenges for Community Associations. It is the wave of the future and the future is now.
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What can an HOA Board do if members question whether the President acted properly?
April 23rd, 2020Susan Tarley answered a question that was published in the March/April 2013 issue of the Common Ground, the Community Association Institute’s Magazine for Community Association Leaders. Here is the question and answer.
Question
Our bylaws state that no reimbursement shall be given for services rendered by any board member unless voted and agreed on amongst the board members. I am a board member, and our association president has submitted bills totaling more than $600 to our management company without board approval and has been paid. A review of the past years minutes indicate no such vote was taken. We feel the president has his own monetary agenda and does not care about our community. I understand we can file a petition with 67% of the unit owners signing to have him removed, but we just want our money. What can we do?
Board of Directors
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Smile! You’re on HOA Meeting Camera! Can I videotape my HOA meeting?
April 23rd, 2020If you work with community associations in Virginia as a board member, manager or attorney, you probably know that Virginia law permits HOA members to record any open meeting of the association. The relevant statute, Virginia Code § 55-510.1(B) of the Virginia Property Owners’ Association Act, contains one short paragraph which outlines the recording requirement as follows:
Any member may record any portion of a meeting required to be open. The board of directors or subcommittee or other committee thereof conducting the meeting may adopt rules (i) governing the placement and use of equipment necessary for recording a meeting to prevent interference with the proceedings and (ii) requiring the member recording the meeting to provide notice that the meeting is being recorded.
The provision gives associations the authority to adopt rules with respect to the recording of meetings, however, the authority to enact rules is very narrow in scope:
1. The association is permitted to establish rules regarding only the placement and use of the equipment; and
2. The member recording is required to provide notice that they are recording the meeting.
Association rules that reach farther than these two items violate the Property Owners’ Association Act according to a recent Determination issued by the Office of the Common Interest Community Ombudsman (“Ombudsman”).
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