ADA Compliance – Update on HOAs, Condos and Swimming Pools

April 25, 2012 on 8:00 am | In Common Interest Community, General Interest, HOA, HOA litigation, State & Federal Litigation, Susan B. Tarley, Weekly Tweets | No Comments

In the Spring of 2011, we blogged about Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas. The issue we addressed was whether your Association needed to be aware of new requirements under the Americans with Disabilities Act (“ADA”). The Justice Department had issued new ADA Standards for Accessible Design, which include mandates for removing barriers to access to pools and spas. We suggested that 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 March 15, 2012.

The March 15, 2012 deadline has come and gone, but Attorney General Eric Holder signed a rule that extended the deadline for a period of 60 days after publication of the rule in the Federal Register.  A Notice of Proposed Rulemaking (NPRM) was also filed on March 15, 2012, which proposes a 180-day extension of the compliance deadline. This blog post discusses what these delays mean for your HOA or Condo.

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Virginia Leadership Retreat at The Homestead – 2012

April 25, 2012 on 8:00 am | In Common Interest Community, General Interest, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

It’s that time of year again to schedule your attendance at the Homestead for The Virginia Leadership Retreat. This event has become a favorite for Virginia community association attorneys, management companies, and business partners.  The VLR is a very popular seminar sponsored by Central Virginia Community Association InstituteSoutheastern Virginia Community Association Institute, and Washington Metropolitan Community Association Institute. Here are some photos from last year’s event.

 

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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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2-Minute Drill Weekly Tweets for 2012-04-20

April 20, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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2-Minute Drill Weekly Tweets for 2012-04-13

April 13, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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2-Minute Drill Weekly Tweets for 2012-04-06

April 6, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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New Town After Hours – Need Tickets?

April 6, 2012 on 5:21 am | In General Interest, Weekly Tweets | No Comments

NTAHlogo 01 New Town After Hours   Free Tickets

As one of the sponsors for this summer’s concert series, New Town After Hours, we have thoroughly enjoyed the music and gathering of friends from throughout Williamsburg.  The next show is Thursday, July 14, 2011, 6:00 – 9:30 p.m. This week’s band is Butter, one of the area’s most popular local bands.

Do you wanna go? Fill in this form and let us know. We will provide a total of 8 free tickets to the first requesters, a maximum of 2 tickets per request. Remember that children under 16 are free.

Hope to see you there!

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2-Minute Drill Weekly Tweets for 2012-03-30

March 30, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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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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