Benefits of Community Associations Part 1: Are HOAs really as bad as some portray?
Community Associations have been the subject of a lot of bad press lately. An 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.
Republished by Blog Post Promoter
Benefits of HOAs Part 3: The Importance of Assessments to your Community
To 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.
Continue reading “Benefits of HOAs Part 3: The Importance of Assessments to your Community”
Republished by Blog Post Promoter
Make sure HOA Document Amendments are properly certified
The Virginia Supreme Court’s opinion in Tvardek, et al v. Powhatan Village Homeowners Association, Inc. highlights how critical it is to not only amend your HOA documents in compliance with the law and your existing documents, but to make sure that the amended document that gets recorded properly memorializes that you did so.
The Tvardeks filed a declaratory judgment action in 2013 against Powhatan Village Homeowners Association, Inc. (“Powhatan Village”) to challenge a 2008 amendment to the association covenants that included a provision restricting the owners’ ability to rent their homes. Powhatan Village filed a special plea in bar requesting dismissal of the action as untimely citing the one-year statute of limitations in Va. Code Ann. § 55-515.1(E). Declining to hear any evidence, the Circuit Court made a decision on the pleadings and argument of counsel, ruling in favor of Powhatan Village’s argument that the claim was time-barred. The Circuit Court also awarded Powhatan Village $12,000 in attorney fees.
The Tvardeks appealed the case. The Virginia Supreme Court reversed the Circuit Court’s ruling, determining that the case was not barred by the one-year statute of limitations. The attorney fee award was also reversed.
Continue reading “Make sure HOA Document Amendments are properly certified”
Republished by Blog Post Promoter
Don’t Let the Bedbugs Bite. . .Your Condominium Neighbor!
When water leaks from one condominium into another, determining the responsible party is usually not too difficult. But what about when the hazard isn’t water, but bed bugs, parasitic insects of the cimicid family that feed exclusively on blood and often take up residence nearby or inside of beds, bedding and/or other sleep areas, who is responsible then? This blog post will review some of the issues regarding condos and bedbugs.
Continue reading “Don’t Let the Bedbugs Bite. . .Your Condominium Neighbor!”
Republished by Blog Post Promoter
In litigation, you can’t always get what you want (especially if you don’t ask)
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.
Continue reading “In litigation, you can’t always get what you want (especially if you don’t ask)”
Republished by Blog Post Promoter
Benefits of HOAs Part 2: How is Covenant Enforcement Good for Owners?
The enforcement of covenants, conditions, and restrictions (“CC&R’s”) is among the most criticized of the duties performed by the Board of Directors of community associations, but is also the most important responsibility. CC&R’s govern many activities in a community including house designs, parking regulations, maintenance and repair of the common areas, and collection of assessments. Sensational “Gotcha” type news stories highlight enforcement practices of some associations, which contribute to a false perception that associations in general lack common sense. However, studies repeatedly show that the overwhelming majority of people living in neighborhoods governed by HOAs believe that the rules in their communities benefit them.
Continue reading “Benefits of HOAs Part 2: How is Covenant Enforcement Good for Owners?”
Republished by Blog Post Promoter
Neighbor Law: Tips for Avoiding Boundary Line Disputes
Few real estate topics cause more disputes between owners than those involving activities at a common boundary. We have reviewed boundary line disputes involving trees that straddle property lines and fences that encroach upon boundary lines.
A recent Portsmouth case highlights another issue relating to boundary lines.
Continue reading “Neighbor Law: Tips for Avoiding Boundary Line Disputes”
Republished by Blog Post Promoter
Real Estate Listing Agreements are Contracts – Do you know your rights and obligations?
No sooner had we posted our blog article on the enforceability of listing agreements even when they are not in writing, another recent case came to our attention. This case is from the New Kent County Circuit Court. This case is another example of the increasing acrimony between sellers and brokers in a tight real estate market.
Listing Agreements
Republished by Blog Post Promoter
Builders and Owners: Have your residential construction contract reviewed before you sign it
Construction litigation has become a time-consuming and expensive area of legal practice. Even in residential construction, attorney and expert fees, and other costs of the lawsuits can rise high into five figures. Unfortunately, in many instances, better planning and attorney review at the beginning may have prevented the bitter litigation that ensued.
Construction Contracts
Republished by Blog Post Promoter
My Commercial Tenant is gone . . . should I re-enter the Property?
Sometimes commercial tenants, unable to stay current with their lease obligations, decide to close up shop and abandon their leased premises. In those circumstances, commercial landlords need to know their options. This blog post discusses a commercial landlord’s options when a commercial tenant abandons its lease.
Continue reading “My Commercial Tenant is gone . . . should I re-enter the Property?”
Republished by Blog Post Promoter
