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.
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Should I incorporate my business?
Frequently, budding entrepreneurs merely evolve into business without giving it the upfront thought the transition deserves. They become what are usually known as “sole proprietors” operating “sole proprietorships,” or one-man/woman businesses.
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Part 2 on Virginia’s Unauthorized Practice of Law Rules and HOAs – What is considered the unauthorized practice of law?
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”).
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Can an engineering firm limit its liability by contract?
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HOA Case Study: A Board’s statements or conduct may establish the enforceability of its governing documents
An article in the Washington Post discussed a pending case in the Virginia Supreme Court regarding a dispute between property owners and a community association regarding the owners’ operation of a vineyard and retail store on their property. In an unpublished Order, the Virginia Supreme Court upheld a Fauquier County jury verdict for the property owners that had been set aside by the trial court.
Although unpublished orders do not have “precedential value or . . . significance for the law or legal system,” this case does provide us with a look at how difficult it can be for community associations to interpret their governing documents and also how a board’s previous actions may have an effect upon future enforcement of the community’s declarations and covenants. This blog post will review the facts of that case and its applicability to your HOA.
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Implementing an HOA Complaint Procedure – Slideshow Presentation
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.
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
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ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools
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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Citizen’s Arrest – From Mayberry to Suffolk
I read a story in the Virginia-Pilot in which it described an incident of Citizen’s Arrest. In the story, a fire inspector, using a flashing blue light on his car, stopped a female driver. He claimed the driver had been swerving, and he stopped her because of his concern she may have been drinking.
A Suffolk, Virginia detective witnessed the incident. After consultation with fellow police officers, the police department urged the Commonwealth’s Attorney to press charges against the fire inspector for impersonating an officer.
The Commonwealth’s Attorney declined. He cited a Virginia case, Hudson v. Commonwealth, for the legal principle that private citizens have a common law right to make a “Citizen’s Arrest.”
I will not go into all of the other complicating legal issues relating to a Citizen’s Arrest, like what obligations does a person have to obey the citizen making the arrest, what force can the citizen use to make the arrest, etc. No, my purpose is more of humorous nature, because the incident reminded me of my childhood, watching Mayberry RFD. In this particular episode, Gomer Pyle shows the proper way to make a Citizen’s Arrest of Deputy Barney Fife:
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
John Tarley
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Virginia Supreme Court upholds arbitration award granted to homeowners who sued their HOA
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.
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Virginia Statute – HOAs must adopt “Cost Schedule” to recover copy costs
The Virginia Code has provisions that provide members of condominium associations and homeowner associations with the ability to request copies of books and records. The statutes have also permitted associations to recover the costs of copying the requested books and records.
This blog post highlights a new statutory provision affecting common interest communities. On July 1, 2012, HOAs and condo associations will only be able to recover these copying costs if the association has adopted a cost schedule.
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