How does our HOA hire a Reserve Study specialist? (Part 3 of a 3 part series on Reserves)

October 30, 2014 on 1:10 pm | In Common Interest Community, General Interest, HOA, Real Estate Strategies, Susan B. Tarley | No Comments

Although 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).


Continue reading “How does our HOA hire a Reserve Study specialist? (Part 3 of a 3 part series on Reserves)”

Republished by Blog Post Promoter

No Comments »

Neighbor Law: Tips for Avoiding Boundary Line Disputes

October 30, 2014 on 1:10 pm | In Construction litigation, General Interest, HOA, HOA litigation, John Tarley, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation | No Comments

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

No Comments »

“Aging In Place” – How can HOAs address aging communities?

October 30, 2014 on 1:10 pm | In Common Interest Community, HOA, Real Estate Strategies, Unit Owners Association | No Comments

When 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.

Homeowner Association

Continue reading ““Aging In Place” – How can HOAs address aging communities?”

Republished by Blog Post Promoter

No Comments »

How to Run An Effective HOA Board Meeting

October 30, 2014 on 1:10 pm | In Business Planning, Common Interest Community, HOA, HOA litigation, Unit Owners Association | No Comments

Have you ever asked yourself after an Association board meeting “what went wrong?” The flow of the meeting was off, the meeting went on way too long and the atmosphere was unwelcoming for the owners who came to observe. With some careful preparation and attention to some simple tips, you can leave your next board meeting with the feeling that everything was right on track.  Although we go into much greater detail when we hold our annual Board training seminars for our clients, this blog post provides some helpful tips to run your next board meeting.

Continue reading “How to Run An Effective HOA Board Meeting”

Republished by Blog Post Promoter

No Comments »

Virginia Supreme Court upholds arbitration award granted to homeowners who sued their HOA

October 30, 2014 on 1:10 pm | In Common Interest Community, HOA, John Tarley, State & Federal Litigation | No Comments

It is relatively routine for developers or “declarants” to include arbitration provisions into the declaration of restrictive covenants recorded to establish a common interest community. Generally, arbitration clauses are preferred by developers for a variety of reasons including avoiding a jury and having a say in the choice of the fact-finder. However, those decisions made by the developers have long lasting effects upon homeowner boards following transition, because it is difficult for a board to effect a change in the documents.

 

Continue reading “Virginia Supreme Court upholds arbitration award granted to homeowners who sued their HOA”

Republished by Blog Post Promoter

No Comments »

Implementing an HOA Complaint Procedure – Slideshow Presentation

October 30, 2014 on 1:10 pm | In Common Interest Community, General Interest, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association | No Comments

Still 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.

Susan Tarley

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

Republished by Blog Post Promoter

No Comments »

Unauthorized Practice of Law: When unlicensed attorneys serve as HOA board members

October 30, 2014 on 1:10 pm | In Common Interest Community, General Interest, HOA, HOA litigation, Merger & Acquisition, Real Estate Strategies, Susan B. Tarley | No Comments

An article in the Virginia Gazette featured a story regarding the indictment of a local attorney for the unauthorized practice of law; a criminal charge classified as a class 1 misdemeanor. Although those allegations did not involve a homeowner association, it highlights a recurring issue for volunteer boards of directors for many organizations including homeowner associations and not-for-profit organizations on which attorneys serve. This article focuses on those issues facing boards for homeowner associations (“HOAs”) but the issues are similar for other volunteer boards of directors.

 

Continue reading “Unauthorized Practice of Law: When unlicensed attorneys serve as HOA board members”

Republished by Blog Post Promoter

No Comments »

HOAs – What are your Governing Documents?

October 30, 2014 on 1:10 pm | In Common Interest Community, Contributors, General Interest, HOA, HOA litigation, Susan B. Tarley | No Comments


It’s the beginning of a new year so let’s start with some basic nuts and bolts information regarding homeowners associations. We’ll begin this series of blog articles with a discussion of the phrase “Governing Documents” which is used by board members, managers and homeowners.

What are the Governing Documents? Continue reading “HOAs – What are your Governing Documents?”

Republished by Blog Post Promoter

No Comments »

Rental Restrictions in HOAs permitted according to the Virginia Attorney General

October 30, 2014 on 1:10 pm | In Common Interest Community, General Interest, HOA, HOA litigation, Real Estate Litigation, Real Estate Strategies, Susan B. Tarley, Unit Owners Association | No Comments

In many HOAs, an issue arises when a homeowner purchases real estate as an investment property intending to lease the home or condo unit. In those situations, the homeowner becomes a “landlord” rather than a resident owner and the situation causes concerns for many homeowner and condominium owner associations. Many association documents contain restrictions on leasing property. In response to an inquiry, the Attorney General for Virginia has issued an official advisory opinion concerning the imposition of rental restrictions in common interest communities concluding that if the restriction is adopted correctly and for a legitimate purpose, the rental restriction is valid.

Continue reading “Rental Restrictions in HOAs permitted according to the Virginia Attorney General”

Republished by Blog Post Promoter

No Comments »

7 reasons to consider amending your HOA’s governing documents

October 30, 2014 on 1:10 pm | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association | No Comments

In other posts we have discussed a homeowner association’s governing documents. Many communities were established 20-40 years ago with governing documents that worked well for the developer, and for the most part the community association. However, many of these governing documents are outdated.  Virginia and federal laws pertaining to community associations have changed substantially.  If your board of directors has not engaged in an audit of your communities governing documents in the past 5-7 years, it should.

What is an “audit” of our governing documents?

An “audit” of your documents is an in-depth review by your HOA’s board of directors in conjunction with your association attorney.  The Board reviews each document noting any sections that lack clarity, are no longer enforced, appear to not apply to your community, protect a long-gone developer, or do not provide the association with adequate remedies.  The Board prepares a list of concerns or issues facing the community, such as homes that are not being maintained, large amounts of delinquent assessments, or enforcement capabilities of the association.  The Board provides this information to the association attorney.

Continue reading “7 reasons to consider amending your HOA’s governing documents”

Republished by Blog Post Promoter

No Comments »
« Previous PageNext Page »
  • Phone Numbers

    (757) 229-4281- Office

    (757) 229-7439 - Fax
  • Address

    4808 Courthouse Street Suite 102 Williamsburg, Virginia 23185
  • Subscribe to the Blog

  • Tarley Robinson Twitter Feed

Web Development by OneWaveMedia.Com