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    The Greater Williamsburg area is an exciting place to live and work, especially because of the large number of entrepreneurs who have built businesses from the ground up. These entrepreneurs have taken their passion and made it their profession. Many of us want to take that step. Before you begin, you need to think of the type of business entity you want to form. Our attorneys have extensive business experience, from small one-person companies to publicly traded major corporations. Our attorneys are among the leaders in Virginia in the representation of Common Interest Communities. These communities are generally referred to as "homeowners associations," or "HOAs," and "condominium associations." In the greater Williamsburg area alone, we provide legal assistance to nearly 100 associations. Our attorneys have successfully prosecuted and defended a wide array of civil disputes involving community association covenant enforcement, commercial transactions, construction disputes, contracts, real estate matters, boundary line and easement disputes, employment matters, antitrust litigation, copyright violations, administrative proceedings, and estate issues. Real Estate law encompasses a wide variety of matters, and our attorneys have vast experience to assist you. Whether you need assistance with a commercial or residential closing, or you have questions relating to residential or commercial leasing, we provide experienced advice and counsel to our clients. Zoning law can be a complicated maze of statutes and ordinances. We have ample experience in successful applications for rezoning, variance, and special use permit requests. Finally, commercial and residential construction provide special challenges with respect to financing issues and the construction process. We serve as counsel to various financial institutions.

New Legislation will change the operations of your Virginia Condominium Associations and Homeowner Associations

April 20, 2012 on 7:55 pm | In Common Interest Community, Construction litigation, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

My first year on the Community Associations Institute Virginia Legislative Action Committee (“VALAC”) was a great learning experience. The education on how our legislature works was, well, interesting. The greater educational moment came in watching the members of the VALAC volunteer for innumerable hours towards the betterment of the community association industry. Here are some of the changes in Virginia law for HOAs: Continue reading “New Legislation will change the operations of your Virginia Condominium Associations and Homeowner Associations”

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HOAs and Swimming Pools–Do you need to be ADA Compliant?

April 20, 2012 on 7:55 pm | In Common Interest Community, General Interest, HOA, HOA litigation, Real Estate Litigation, Unit Owners Association, Weekly Tweets | No Comments

Spring time is around the corner and the community pools will ready for the summer season. Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas need to be aware of new requirements under the Americans with Disabilities Act (“ADA”). In July, 2010, the Justice Department issued new ADA Standards for Accessible Design, which include mandates for removing barriers to access to pools and spas. These new Standards apply to any private entity that operates a “place of public accommodation,” which may include an association. If an association limits use of its pool to its members and their guests, its pool does not fall under the requirements of the ADA. However, if an association allows non-members of the association to use its pool in exchange for some form of compensation, its pool may fall under the definition of a public accommodation. If it does, the association will have to comply with the new ADA Standards no later than March 15, 2012.

HOAs, Swimming Pool and the ADA Continue reading “HOAs and Swimming Pools–Do you need to be ADA Compliant?”

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Transfer fees paid to homeowners’ associations are safe!

March 23, 2012 on 7:55 pm | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

The Federal Housing Finance Agency (“FHFA”) has changed its proposed rule. As you will recall, FHFA had proposed a rather sweeping rule which called into question the ability of common interest communities to collect transfer fees, capital contributions or similar one-time assessments when a property is transferred. CAI weighed in heavily on this subject matter, pointing out the negative effects of such a rule. The result is that FHFA has revised the proposed rule.

The FHFA press release stated that:

FHFA has determined to propose a rule with a narrower focus. . . . In summary, the principal differences between the proposed guidance and the proposed rule are:

1. FHFA proposes to except from the rule private transfer fees that are paid to homeowners’ associations and similar associations, and to tax-exempt non- profit organizations, where the fees are used for the direct benefit of the encumbered properties.
2. FHFA proposes to make the rule prospective in effect, so that it applies to private transfer fee covenants created after the publication date of this proposed rule.
3. FHFA allows an implementation period of 120 days for the regulated entities.

The public participation was crucial to getting the FHFA to change its proposed rule. More than 4,210 comment letters were sent to the FHFA. This included comments from CAI and numerous homeowners, cooperative, and condominium associations; individuals living within such associations; community associations; and other nonprofit organizations.


Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Susan Tarley

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CAI Workshop in Richmond – Essentials of Community Association Volunteer Leadership

October 3, 2011 on 2:33 pm | In Common Interest Community, General Interest, HOA, Unit Owners Association, Weekly Tweets | No Comments

The Center for Community Association Volunteers for the Community Association Institute is offering an invaluable workshop called The Essentials of Community Association Volunteer Leadership. The course is being held on Saturday, October 22, 2011 from 9:30 a.m. to 3:00 p.m. and is sponsored by the Central Chapter of Community Associations Institute.

For your convenience, we have attached a Registration form that provides more information.

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Recap of the 2011 Virginia Leadership Retreat

September 30, 2011 on 7:55 pm | In HOA, HOA litigation, John Tarley, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

The 2011 Virginia Leadership Retreat was held this past weekend at The Homestead in Hot Springs, Virginia.  The Virginia Leadership Retreat is the leading educational and networking forum for community association professionals in Virginia. This was the 3rd annual retreat and it was a great success!  The attorneys at Tarley Robinson, PLC participated in many events at the Retreat. From teaching to sponsoring to working at the VLR, our attorneys devoted dozens of hours to this event.

Susan Tarley serves as a member of the Virginia Leadership Retreat Committee.  The Committee is comprised of members of the Washington Metro, Central Virginia and Southeastern Virginia Chapters of the Community Associations Institute.  Susan is a representative of the Central Virginia Chapter, serving on the Board of Directors as well as the Virginia Legislative Action Committee.

Both John Tarley and Susan Tarley presented educational sessions that provided community association managers with their annual continuing education credits.  Susan’s topic was Protecting Confidentiality:  The Attorney Client Privilege.  The importance and purpose of the privilege for homeowner and condominium associations was discussed along with best practice tips to protect the privilege. We have blogged many times on this important topic.

John’s area of expertise in social media provided the backdrop for his presentation on how to use social media, including Facebook, Twitter and blogging to help move management companies to the forefront in the industry. John provided a roadmap on how to implement social media into a business, and related the benefits that gained as a leading professional in the field.

The keynote speaker was one of Williamsburg’s own Deborah Reeser McKinnon who presented an inspiring session on leadership.

John, Susan and Philip Chapman, also attended the educational forums and retreat events.  The event includes many industry professionals. We find that sharing information and socializing with colleagues is a tremendous learning experience, helping us provide even better service for our clients. Pictures will follow!


Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Susan Tarley

John Tarley

John Tarley

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Virginia Leadership Retreat at The Homestead – 2011

September 8, 2011 on 8:45 am | In General Interest, HOA, HOA litigation, John Tarley, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

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Mark your calendars for July 29, 2011 – July 31, 2011 for The Virginia Leadership Retreat, a time for you to enjoy a great weekend at The Homestead while networking with homeowner association attorneys, managers, and business partners. The VLR is a very popular seminar sponsored by Central Virginia Community Association Institute, Southeastern Virginia Community Association Institute, and Washington Metropolitan Community Association Institute.

Both Susan Tarley and John Tarley will teach classes at the VLR. Susan will discuss a topic about which we blog frequently, “Confidentiality: Preserving the Attorney-Client Privilege.” John will explore the use of social media to enhance your business marketing, “Social Media Marketing for CA Managers.” The discussion will include the use of Twitter, Facebook, and blogging to enhance your online business presence.

Other topics to be presented at the VLR include:

  • Aging Community Infrastructures
  • Aging-In-Place: The Boomer Community
  • Fresh Regs for Fresh Water
  • Nuisances, Noxiousness and Offensiveness
  • E-voting, E-signatures, E-etc.; Technology and the CA
  • RFP’s from Start to Finish
  • Rules: Purpose, Philosophy and Reasonableness
  • LEGAL and LEGISLATIVE UPDATE
  • Transition I: Developer to Owner
  • Ethical Challenges in Managing Community Associations
  • Transition II: Manager to New Management
  • Unauthorized Practice of Law

Use this form to register now for the Virginia Leadership Retreat while rooms are available and enjoy a fantastic weekend at The Homestead and its three championship golf courses, one of the world’s premier spas, a world-class shooting club, fly fishing with Orvis-endorsed instructors, 100 miles of trails to explore, and an award-winning KidsClub. The VLR is one of the top CAI programs, we hope to see you there!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Susan Tarley

Susan Tarley

John Tarley

John Tarley

 

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Seminar: Deed Restrictions

August 26, 2011 on 7:55 pm | In Common Interest Community, General Interest, HOA, Susan B. Tarley, Weekly Tweets | No Comments

Susan B. Tarley will be presenting Deed Restrictions for the Advanced ABC’s course for the Central Virginia Chapter of CAI.  This is the third and most advanced track of CAI’s Homeowner Education Curriculum.  Date:  November 13, 2010 from 8;30 a.m. to 3:00 p.m.  at Brandermill Clubhouse in Midlothian. Two other components are being presented – Building Community and insurance Matters.  Contact CVC-CAI Executive Director, Stacey Drayer at sdrayer_cvccai@verizon.net or 804-739-7655 to register. We’ll post an outline of the presentation.

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Susan Tarley named to CAI Legislative Action Committee

August 25, 2011 on 8:30 am | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Weekly Tweets | 1 Comment

Susan Tarley

Susan was named recently to the Community Association Institute’s Virginia Legislative Action Committee (“VALAC”). VALAC monitors legislation affecting Virginia community associations in which more than 500,000 homeowners reside. VALAC is known as the “resource for providing accurate, timely, influential input to Virginia legislators.” You can follow Legislative Updates regarding community associations for the upcoming General Assembly session here.

Susan has long been an active participant in the CAI as a Board Member and Past President. If you have any legislative suggestions, call or send an email.

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Tarley Robinson April 2011 Newsletter

April 7, 2011 on 8:45 am | In General Interest, HOA, HOA litigation, John Tarley, Merger & Acquisition, Neal J. Robinson, Real Estate Litigation, Susan B. Tarley, Weekly Tweets | No Comments

Check out our April 2011 Newsletter that includes the details of our new location! We completed our move to New Town and have unpacked “most” of the boxes. Our blogging output has been a bit light the past couple of weeks as we prepared to move, but we’ll be back at it next week!

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Tarley Robinson February 2011 Newsletter

February 9, 2011 on 12:57 pm | In Common Interest Community, HOA, HOA litigation, John Tarley, Merger & Acquisition, Neal J. Robinson, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

February Tarley Robinson Newsletter

Topics include a discussion of email scams. Also, we’re sure that you have already made your diet or exercise New Year’s Resolutions. Hopefully you are still on track! For your homeowners association, here’s a simple, but effective and invaluable list of suggested New Year’s Resolutions.

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