Part 1 on Virginia’s Unauthorized Practice of Law Rules and HOAs – Where do we find guidance?

June 23, 2014 on 11:29 am | In Business Law, Common Interest Community, HOA, HOA litigation, John Tarley, Susan B. Tarley, Unit Owners Association | No Comments

Originally posted 2012-12-20 07:31:25. Republished by Blog Post Promoter

Mention the unauthorized practice of law when discussing homeowner and condominium associations and typically the room gets very quiet. Associations, board members and managers strive to keep their budgets low, but compliance with new laws and regulations, keeping up with the collection of assessments, and the upswing in litigation involving homeowner and condominium associations makes it very difficult. When matters become a “legal issue,” board members and managers are best advised to seek legal counsel to ensure that the association is being adequately protected and represented, and that the board members and the managers are not engaging in activities that the Commonwealth might find to be the unauthorized practice of law.

We previously blogged on questions of the unauthorized practice of law when an unlicensed attorney serves on the association’s Board of Directors. In our next two blogs, we will review other issues involving questions of the unauthorized practice of law. In this blog, we discuss where we look for guidance, and in a subsequent blog, we will review Virginia decisions and opinions on the unauthorized practice of law.

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Choosing your Virginia Business Entity

June 23, 2014 on 11:29 am | In Business Planning, General Interest, John Tarley, Merger & Acquisition, Neal J. Robinson | No Comments

Originally posted 2011-03-15 09:00:12. Republished by Blog Post Promoter

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There are many questions to ask and many issues to resolve when you decide to start your Virginia business entity. The time to ask those questions and resolve those issues is before you enter into your business agreement.

Neal’s 3-minute slideshow presentation gives an a brief primer on the forms of entities that are available and questions to start your dialog with your business attorney and business partners. This slideshow combines basic information with more advanced concepts for the more experienced entrepreneur.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Neal Robinson

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Simple Tips for Effective HOA Due Process Hearings

June 23, 2014 on 11:29 am | In Common Interest Community, General Interest, HOA, HOA litigation, John Tarley, Unit Owners Association | No Comments

Originally posted 2014-03-31 10:30:07. Republished by Blog Post Promoter

This 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.

HOA Due Process Hearing

Homeowners want fairness

Complaints about HOA due process hearings can be split into at least three different categories:

  • 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.

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ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools

June 23, 2014 on 11:29 am | In Common Interest Community, HOA, HOA litigation, John Tarley, State & Federal Litigation, Susan B. Tarley, Unit Owners Association | No Comments

Originally posted 2012-05-21 09:00:08. Republished by Blog Post Promoter

We 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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Has your business been paid with a check endorsed as “Payment in Full?”

June 23, 2014 on 11:29 am | In Business Law, John Tarley, State & Federal Litigation | No Comments

Originally posted 2013-03-20 08:52:53. Republished by Blog Post Promoter

Many of us have been paid by a check that includes the written endorsement of “payment in full.” By this endorsement, the maker (writer of the check) intends to settle any dispute once the payee (recipient of the check) deposits the check. The payee worries that by depositing the check, he is waiving any right to demand full payment for the service or supply provided. This blog post addresses Virginia law and each party’s rights with respect to the endorsement of “payment in full.”

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“Thank you” to Construction Law Musings – HOAs and the Association Lien

June 23, 2014 on 11:29 am | In Common Interest Community, HOA, HOA litigation, John Tarley, Susan B. Tarley, Unit Owners Association | 1 Comment

Originally posted 2012-12-14 09:45:41. Republished by Blog Post Promoter

For the second time, my friend and colleague, Richmond Construction Law attorney Chris Hill, permitted me the opportunity to blog at his award-winning blog Construction Law Musings on the topic of liens for assessments filed by community associations. You can get a lot of great information on construction law, including the intricacies of mechanic’s liens, from Chris and his blog. You can also follow him on Twitter, @ConstructionLaw.

 

Here’s a brief excerpt of the post:

In this blog, I will discuss another lien that can be filed on real property in Virginia, a lien that I will refer to in this blog as the “Association Lien.” Virginia has two separate code sections that permit community associations to file liens for unpaid assessments. For condominium associations, Va. Code § 55-79.84 sets forth the procedures for filing a lien. For developments governed by the Property Owners Association Act (“POAA”), Va. Code § 55-516 provides the statutory requirements.

I greatly appreciate the opportunity to contribute to Chris’ blog, which, for me, is the “gold standard” for a proper lawyer’s blog. For the full post on filing a community association lien, please check out Chris’ Guest Post Fridays.

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Fictitious Name filings: Make sure you file properly for your business

June 23, 2014 on 11:29 am | In Business Planning, General Interest, John Tarley, Merger & Acquisition | No Comments

Originally posted 2010-07-22 20:51:09. Republished by Blog Post Promoter

Many businesses operate under a fictitious name, otherwise referred to as “doing business as” or “d/b/a.” There are many reasons for this use, but primarily, a company can use a catchy business name, like when a franchise opens a “T.G.I.F.” or “McDonalds,” but the company’s actual corporate name is not as exciting.

According to the Virginia Supreme Court, Virginia requires a company operating under a different name to file that name with the court and the State Corporation Commission “to prevent fraud and to compel an individual or a corporation to disclose the name of the real owner of the business, in order that the person or corporation may sue in or be sued by the proper name.”

Virginia statutes set forth the process for registering your fictitious name. For restaurants or other single location businesses, the process is pretty simple. First, you file a fictitious name certificate with the court clerk in the jurisdiction where your business is located. After the certificate is recorded, you file the certified copy with the State Corporation Commission.

Problems can arise for construction companies and other types of businesses who transact business in several localities. For those companies, you must file a fictitious name certificate in each county or city where you conduct business. We have had several matters in which these types of businesses failed to properly register their fictitious names in all the jurisdictions where they conduct business. For one thing, those entities cannot bring a lawsuit to collect monies due until they rectify that problem.

“Doing business as” is just another issue to consider when you set up your company. Make sure you fully advise your lawyer so all of your filings can be completed early, and correctly.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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Homeowner cannot be forced to join a voluntary HOA

June 23, 2014 on 11:29 am | In Common Interest Community, HOA, John Tarley, Real Estate Strategies, State & Federal Litigation | No Comments

Originally posted 2010-09-23 05:35:17. Republished by Blog Post Promoter

In a case from the Chesterfield Circuit Court, the circuit court judge determined that a homeowner could not be forced to pay association dues to a voluntary association. This result is not surprising.


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Part 2 on Virginia’s Unauthorized Practice of Law Rules and HOAs – What is considered the unauthorized practice of law?

June 23, 2014 on 11:29 am | In Business Law, Common Interest Community, HOA, HOA litigation, John Tarley, Susan B. Tarley, Unit Owners Association | No Comments

Originally posted 2013-01-08 07:00:01. Republished by Blog Post Promoter

We blogged previously about finding guidance in Virginia’s rules on the unauthorized practice of law as they pertain to community associations. In this post, we will review Virginia opinions that address whether certain work performed by managers is the unauthorized practice of law (“UPL”).

Gavel

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Using your business’ computer to email your attorney may be a bad idea

June 23, 2014 on 11:29 am | In Business Planning, Common Interest Community, General Interest, HOA litigation, John Tarley, Real Estate Litigation, State & Federal Litigation | No Comments

Originally posted 2011-01-20 08:30:43. Republished by Blog Post Promoter

Email

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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