Posts by John Tarley:
- 3 tips for safe emailing with your attorney;
- Using a company computer to email your attorney may be a bad idea
- Emails from work computer can waive rights to privileged communications
- Before the hearing, the Board
- did not attempt to settle reasonably;
- did not explain variance procedure; or
- did not properly send notice of violation or opportunity to cure.
- During the hearing,
- The Board was disorganized;
- A Board member was rude;
- The Board was not prepared for the hearing;
- The Board did not give owner time to gather/present case; or
- The Board did not view property/alleged violation.
- After the hearing,
- The Board did not give valid reasons for decision; or
- The penalty was unreasonable.
Update on using work email – American Bar Association says lawyers must caution clients of risks
October 30th, 2014We continually warn about the use of work email accounts to correspond with your attorney:
The American Bar Association has now opined that lawyers should “warn the client about the risk of sending or receiving electronic communications using a computer or other device, or e-mail account, where there is a significant risk that a third party may gain access.” Although the ABA’s opinion is not binding upon any state regulatory bar association, it is likely that state bar associations, like the Virginia State Bar, will review this opinion with interest.
Client Email
Most of our communications are not private, even though we think they are. Work emails are not secure. Regardless of whether lawyers are required or suggested to warn clients, it is not a good idea to use your work email account to email your attorney.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
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Ban on kids playing football = housing discrimination lawsuit against Virginia HOA
October 30th, 2014Boards of Directors are empowered by statute in Virginia and often times by the governing documents of the community association to enact rules and regulations concerning common areas, common elements, recreational facilities or other areas of association responsibility. Rules related to the use of common areas or common elements and recreational facilities should be based on concerns about safety, sanitation and nuisance. In certain instances a Board of Directors may want to enact a rule to address the activities of children – limiting their pool time, forbidding children under a certain age from using recreational facilities or prohibiting certain activities on common areas or elements. Be careful, the rule you enact may violate the federal and state Fair Housing Act.
According to a Complaint filed against a Chesapeake condominium association, the association had a “Group Sports Activity” rule that banned organized sports activities in the common areas without approval of the board. Concerns were raised whether this rule banned activities such as a parent and child passing a football.The Commonwealth of Virginia’s Fair Housing Board filed a housing discrimination lawsuit against Cedarwood Condominium Association, a Chesapeake condominium association. There have not been many of these lawsuits.
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In litigation, you can’t always get what you want (especially if you don’t ask)
October 30th, 2014It’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.
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Caveat Emptor and a Buyer’s Duty to Investigate Real Estate Purchase
October 30th, 2014We blogged about a Charlottesville Circuit Court case in which the court analyzed the duty to disclose for a seller of residential real estate. We wrote another post regarding that case discussing an exception to the rule of caveat emptor. Specifically, if the seller attempted to “divert” the purchaser’s attention away from problem areas, a court could find fraud and rescind the contract.
However, in Virginia, if a prospective home purchaser discovers information alerting him to a potential problem, that person is charged with knowledge he would have found had he diligently pursued the inquiry. That rule was highlighted in an unpublished opinion released by the Virginia Supreme Court. This blog post reviews the facts of that case and the lessons to learn for real estate sellers and buyers.
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You obtained a judgment against your construction contractor, how do you collect?
October 30th, 2014Sometimes your dispute with your contractor goes all the way to court and you obtain a judgment. However, sometimes the contractor does not have the ability to pay the judgment, so financially, you are out-of-pocket your judgment damages plus your attorneys’ fees. You may have one last alternative to recover at least a portion of your losses through the Virginia Contractor Transaction Recovery Fund (the “Recovery Fund”).
Williamsburg Courthouse
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Simple Tips for Effective HOA Due Process Hearings
October 30th, 2014This blog post focuses on addressing one major source of discontent in community associations: due process hearings for alleged violations of the community’s governing documents or condominium instruments.
Homeowners want fairness
Complaints about HOA due process hearings can be split into at least three different categories:
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Can an engineering firm limit its liability by contract?
October 30th, 2014
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HOAs and Mediation: Not always a viable alternative to Litigation
October 30th, 2014We have written extensively on the virtues of alternative dispute resolution, specifically mediation, to resolve disputes. Litigation is a time-consuming and expensive undertaking, and in the end, both sides are generally unhappy with the result because of the costs and time incurred.
But although we encourage mediation generally, mediation in HOA litigation is a much more complex and difficult undertaking. In this blog post, we will discuss difficulties with mediating HOA disputes.
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HOA Litigation: Is it avoidable?
October 30th, 2014We 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.
As it turns out, sometimes there is no alternative because a homeowner can sue an HOA, forcing the association to defend. But what efforts can or should a homeowners or condo association take to avoid the consequences of litigation?
A series of recent Virginia cases highlights the consequences associations can face in litigation cases. This blog posts provides a brief summary of those cases and some cautionary advice.
Board of Directors Meeting
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3 tips for safe emailing with your attorney
October 30th, 2014Obviously the use of email has changed many aspects of our world, including the practice of law. As with all new technology, we sometimes learn hard lessons. The attorney-client privilege is the foundation of effective communication between counsel and clients. Only a client can waive that privilege. Although email has far more positives than negatives, to protect attorney-client communications, use these three tips.
Attorney-Client Privilege
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