Pesticides, Fungicides, and Herbicides: Why do Virginia HOAs need to know the difference?
There are many issues that confront your common interest community as its board of directors and management company work hard to maintain the HOA. One issue that has recently come up is the need to be knowledgeable about the chemicals an HOA applies to its common areas.
The Property Owners’ Association Act in Virginia Code § 55-510.3 and the Condominium Act in Virginia Code § 55-79.80:01 both require that an association post notice of all applications of pesticide in or upon the common areas/elements. This notice must be provided by conspicuous signs placed in or upon the area where the pesticide will be applied, at least 48 hours prior to application. This blog post analyzes one particular question that an association should consider when applying chemicals to its common areas: What is a pesticide?
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HOA Litigation: Is it avoidable?
We have written previously on the costs—both in time and money—for homeowners and condominium associations to litigate cases. On one hand, boards of directors have a fiduciary duty to uphold the governing documents of associations, but on the other, the board must investigate alternatives to the divisive nature of litigation.
As it turns out, sometimes there is no alternative because a homeowner can sue an HOA, forcing the association to defend. But what efforts can or should a homeowners or condo association take to avoid the consequences of litigation?
A series of recent Virginia cases highlights the consequences associations can face in litigation cases. This blog posts provides a brief summary of those cases and some cautionary advice.
Continue reading “HOA Litigation: Is it avoidable?”
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Benefits of HOAs Part 2: How is Covenant Enforcement Good for Owners?
The enforcement of covenants, conditions, and restrictions (“CC&R’s”) is among the most criticized of the duties performed by the Board of Directors of community associations, but is also the most important responsibility. CC&R’s govern many activities in a community including house designs, parking regulations, maintenance and repair of the common areas, and collection of assessments. Sensational “Gotcha” type news stories highlight enforcement practices of some associations, which contribute to a false perception that associations in general lack common sense. However, studies repeatedly show that the overwhelming majority of people living in neighborhoods governed by HOAs believe that the rules in their communities benefit them.
Continue reading “Benefits of HOAs Part 2: How is Covenant Enforcement Good for Owners?”
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Smile! You’re on HOA Meeting Camera! Can I videotape my HOA meeting?
If you work with community associations in Virginia as a board member, manager or attorney, you probably know that Virginia law permits HOA members to record any open meeting of the association. The relevant statute, Virginia Code § 55-510.1(B) of the Virginia Property Owners’ Association Act, contains one short paragraph which outlines the recording requirement as follows:
Any member may record any portion of a meeting required to be open. The board of directors or subcommittee or other committee thereof conducting the meeting may adopt rules (i) governing the placement and use of equipment necessary for recording a meeting to prevent interference with the proceedings and (ii) requiring the member recording the meeting to provide notice that the meeting is being recorded.
The provision gives associations the authority to adopt rules with respect to the recording of meetings, however, the authority to enact rules is very narrow in scope:
1. The association is permitted to establish rules regarding only the placement and use of the equipment; and
2. The member recording is required to provide notice that they are recording the meeting.
Association rules that reach farther than these two items violate the Property Owners’ Association Act according to a recent Determination issued by the Office of the Common Interest Community Ombudsman (“Ombudsman”).
Continue reading “Smile! You’re on HOA Meeting Camera! Can I videotape my HOA meeting?”
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4 Tips to help your HOA protect its Attorney-Client Privilege
The Attorney-Client Privilege protects confidential communications between an attorney and his or her client. This privilege includes communications made to the attorney and communications from the attorney. The Attorney-Client Privilege is designed to encourage clients to communicate with their attorney freely, without fearing disclosure of those communications made in the course of representation. The Attorney-Client Privilege is important because it permits clients to give their attorney complete and uncensored information, enabling their attorney to provide informed and thorough legal advice.
For community associations, the Attorney-Client Privilege belongs to the association and can only be expressly waived by the a decision of the association board or executive organ. However, the privilege can be impliedly waived based on the client’s conduct. A determination on whether the privilege has been waived will depend on the specific facts of each case. The association will have to establish that the attorney-client relationship existed, that the communication is privileged, and that the privilege was not waived.
Here are four basic tips for the board of your Common Interest Community to follow so that it protects the association’s Attorney-Client Privilege:
Continue reading “4 Tips to help your HOA protect its Attorney-Client Privilege”
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HOAs and Transitions: Now’s the Time to Take Control
Will your homeowners association or condominium association transition from developer control to homeowner control soon? Have you recently transitioned? Susan Tarley will explain a Developer’s responsibilities, help you establish your first homeowner Board of Directors, and discuss what the Association and its members can expect as they go through transition in this FREE seminar.
Details:
June 20, 2013 6-8PM
William E. Wood Building
5208 Monticello Ave, Williamsburg, VA 23188
Contact:
Monica Godman at Tarley Robinson, PLC to reserve your seat!
(757) 229-4281 or mgodman@tarleyrobinson.com
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
Virginia Homeowner and Condominium Association Complaint Procedures must be adopted by September 29, 2012
We blogged about the 4 things your HOA needs to know about Virginia’s complaint process, and provided some guidance for Implementing an HOA Complaint Procedure. Now, the Common Interest Community Ombudsman has approved final regulations for the required Complaint Procedure. The Ombudsman Regulations are effective July 1, 2012, which means that community associations have until September 29, 2012 to adopt a Complaint Procedure.
This blog post summarizes the new regulations.
2-Minute Drill Weekly Tweets for 2012-06-01
- ‘Hatfields & McCoys’ is a ratings record-setter. That’s a sentence I thought I’d never read. http://t.co/50YcfPoj #WV #
- Sign up for the June 5 Community Association Legislative Lunch & Learn in Williamsburg presented by Sue Tarley http://t.co/JIumBqcF #
- Blog Post: Virginia Supreme Court rules on dispute between winery and HOA – What does it means for your HOA? http://t.co/uKEgDnn6 #
- Is an injunction the right remedy to stop abusive HOA resident’s behavior? http://t.co/OYBNgWYl RT @virginiahoalaw #
- 11 Riskiest Dog Breeds for Homeowners and Renters-Insurance companies resist covering these dogs http://t.co/4qbznf5N MT @VirginiaHOALaw #
- Blog Post: Implementing an HOA Complaint Procedure in Virginia http://t.co/eXP4A7rP #in #
- Blog Post:: When might a Virginia employer be liable for unemployment compensation? http://t.co/CWEljmg8 #
- Continue reading “2-Minute Drill Weekly Tweets for 2012-06-01”
2-Minute Drill Weekly Tweets for 2012-05-18
- Virginia Sup Ct Requires Face-to-Face Meeting Prior to Foreclosures on FHA Backed Loan http://t.co/9hWg0Ryi RT @natlawreview via @GT_LAW #
- Blog Post: Benefits of Community Associations: Are HOAs really as bad as some portray? http://t.co/R4tqRXp6 #
- Survey Names Top 3 Marketing Tools: Email, E-Newsletters, Social Media http://t.co/3eXSiOZJ RT @natlawreview via @stephenFairley #
- Blog Post: What are "Condominium Instruments?" http://t.co/NF2rtKCT #in #CondoLaw #
- Looks like nice weather for today's Central Virginia Chapter of CAI Golf Tournament! Doubt that will help my game, tho. http://t.co/f3oWuYyJ #
- Good advice. Blog Post: Restrictions on smoking in Condos should be handled with care. http://t.co/gsvcjiXP RT @SeaCondoAtty #
- Blog Post: Homeowners Associations – What are your Governing Documents? http://t.co/aES7K2mr Thanks for the RT @KramerLawFirm #
- 4 indispensable iPad apps for lawyers from @_RobDean http://t.co/WdGkbsbq RT @KramerLawFirm via @lawyertechrvw #
- Blog Post: Email is quick & effective but Face-to-face meeting can be powerful & persuasive. http://t.co/DaK6FBvd #HOA MT @myhoacommunity #
- Blog Post: Be aware of potential issues when an attorney is a Board member of your HOA http://t.co/po0DI7kz Thanks for RT @MyHOACommunity #
- Blog Post: What is your potential liability for serving on your HOA's Board of Directors? http://t.co/n413NXav #in #
- Blog Post: A Lien Change for the Better http://t.co/oTfrZkT9 RT @ConstructionLaw #
- Legislative Update on Virginia HOA Law in Williamsburg from Susan Tarley @VirginiaHOALaw http://t.co/qTb9MDOc #
- Blog Post: What is your potential liability for serving on your HOA's Board of Directors? http://t.co/n413NXav #in #
- Blog Post: Mediation or Meditation? Conflict is natural – it’s how we deal with it that matters http://t.co/fn0SZ3xa MT @ColmBrannigan #
- Blog Post: Homeowners Associations – What are your Governing Documents? http://t.co/sIdlRgam #HOA #
- Is it a bonus to have Attorney as HOA Pres? http://t.co/luGvoKh5 Be aware of potential issues. http://t.co/po0DI7kz Thanks @ColmBrannigan #
- Virginia Supreme Court rules against HOA and in favor of winery. http://t.co/pJ4piKyU #
- VA House Roll-Call on denying judgeship to Thorne-Begland: http://t.co/dOE1FaZA RT @JennMcClellanVA via @rtdnews #WBGVA delegates vote Nay #
- Sunrise on the Chesapeake Bay in Mathews County, Virginia http://t.co/JEWnuoBd #
- Homeowners Associations – What are your Governing Documents? http://t.co/CBE5waPz #
- Query: Is it a bonus to have Attorney as HOA president? http://t.co/luGvoKh5 Maybe, but be aware of potential issues. http://t.co/po0DI7kz #
- IL permits 55+ homes to be open to all ages: depressed housing market http://t.co/SUpjKjBf Thanks for the RT @SeaDirtLawyer @MarisaBocciEsq #
- Blog Post: Making a Citizen’s Arrest – From Mayberry, R.F.D. to Suffolk, Virginia http://t.co/hWdPygH9 #
- Blog Post: Do the Covenants for your HOA include an Arbitration Clause? Virginia Supreme Court tends to enforce them. http://t.co/mpje1pz7 #
- Blog Post: Get your fence off my property! Boundary Line Disputes http://t.co/tRBRwOX8 #
- Good Grief: Despite bi-partisan support Virginia House rejects openly gay man for judgeship. http://t.co/PaGkz0am #DailyShowHereWeCome #
- This morning on the Chesapeake Bay in Mathews County. A well-guarded secret. http://t.co/pLmpnjI3 #
- New Survey rates homeowners' satisfaction with HOAs http://t.co/xgR36wCP MT @hoamgtcom #
- Virginia Leadership Retreat 2012: Advanced education for HOA Mgrs & Business Ptrs. http://t.co/88jKvmgs #
- Blog Post: Can I cut down my neighbor’s tree when its branches overhang my property? http://t.co/IyhFV4GK #in #
- Blog Post: Business Review – Has your small business updated its shareholder agreement or operating agreement? http://t.co/ydTLGGg3 #in #
- Unable to sell units in 55+ housing, IL permits unsold age-restricted homes to be open to all ages. http://t.co/SUpjKjBf RT @virginiahoalaw #
- Blog Post: Okay a tree fell on my property. Who pays for the damage? http://t.co/kFPUhplH #in #
- The Tarley Robinson HOA Weekly is out! http://t.co/aBfVTsut ? Top stories today via @irem_info @chrisjaglowitz @tarleyrobinson @meebpc #
- Tarley Robinson Virginia Law is out! http://t.co/qplF7MWv ? Top stories today via @fairfaxbar @paulsamakow @jayokeeffe @sharonnelsonesq #
- Tarley Robinson Williamsburg News is out! http://t.co/hYArAkOT ? Top stories today via @mrwilliamsburg @vagazette @vainsurancepro #
- Thanks and #FF back at you @meebpc #
- Blog Post 2-Minute Drill Weekly Tweets for 2012-05-11: Blog Post: Business Review – Has your small business … http://t.co/Mq4Hdm98 #in #
- 2-Minute Drill Weekly Tweets for 2012-05-11 http://t.co/mcGIPvKY #
- Nike Ad boss discusses social-media – "Google AdWords is the only commercial model that is proven to work" http://t.co/3YcAvwNF MT @Clagett #
- Should I freeze my Credit Report after Identity Theft? http://t.co/8vXY7PM3 RT @Ktparkslaw #
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2-Minute Drill Weekly Tweets for 2012-05-11
- Blog Post: Business Review – Has your small business updated your shareholder agreement or operating agreement? http://t.co/ydTLGGg3 #in #
- Thanks Donna! @CondoandHOALaw #FF back at you – #condoHOAlaw favs @stratalawyer @chrisjaglowitz @CHDW_HOALaw @tarleyrobinson #condoHOA #
- Blog Post: What is your potential liability for serving on your HOA's Board of Directors? http://t.co/n413NXav #in #
- Williamsburg Bar Association unveils Judicial Portrait of Circuit Court Judge Samuel T. Powell IIII http://t.co/fjx6XsMW Thanks @Will_Sleeth #
- Condos and HOAs can create rules for service pets, but not special Fees http://t.co/PfuK8Ofq Thanks for the RT @ColmBrannigan #
- Who owns the riverbed? Charlottesville angler accused of trespassing for wading gets a day in court http://t.co/rqH8RbJn via @readthehook #
- Blog Post Williamsburg Bar Association unveils Judicial Portrait: Our Circuit Court Judge Samuel T. Powell I… http://t.co/rqhdCyLO #in #
- Williamsburg Bar Association unveils Judicial Portrait http://t.co/D8Tr1Hor #
- Blog Post: Residential construction and mechanic’s liens; how you can protect your mechanic’s lien rights http://t.co/yFFDxPgb #in #
- Think That Email Isn’t a Contract? Think Again | Small Business Support http://t.co/1IZoo671 RT @ScottWolfeJr via @KCconstrlawyer #
- Blog Post: When is a "contract" not a contract? http://t.co/tdZFJw0Z #Va #law Thanks for the RT @Clagett #
- Unable to sell units in 55+ housing, IL permits unsold age-restricted homes to be open to all ages. http://t.co/leRXT8JZ RT @virginiahoalaw #
- Blog Post: Short Sale vs Foreclosure – 10 Common Myths Busted http://t.co/0c9INEj0 RT @PruTowneRealty #
- Blog Post: General Partnerships, The Way To Go . . . Financially Under http://t.co/gPR9eF1B #in #
- Who You Calling Unethical, Warren Boroson? Stop picking on solo attorneys! http://t.co/oPN52jht MT @constructionlaw via @carolynelefant #
- Terrelle Pryor says he sold his pants for $3,000 to help his Mom pay rent http://t.co/n5qPJBuE #NCAA #
- Thanks for the mention @TheBuzzFactoree: The Hampton Roads, Virginia, Buzz is out! http://t.co/LcbrhLbz ? Top stories via @tarleyrobinson #
- Condos and HOAs can create rules for service pets, but not special Fees http://t.co/sqVFBifJ RT @LisaMagillEsq #
- Blog Post: Are you sure that your written "contract" really is a Contract? http://t.co/koae4Cqo #in #
- In FL, if HOA has lien on home, HOA can require the homeowner's tenant to pay rent to HOA http://t.co/z24XDP9Q Thanks for the RT @MyHOABids #
- Blog Post: Many HOA/Condo covenants impose Rental Restrictions. VA AG opines they are valid. http://t.co/Vn10PEVC Thanks @CondoandHOALaw #
- Just Who Does Your Insurance Agent/Broker Represent? http://t.co/QvkjYSsG RT @CondoandHOALaw #condoHOA #condominium #homeowners #HOAs #
- Blog Post: Anyone raising money for an investment, especially from family/friends, be aware of violating securities law http://t.co/jdXBXcW0 #
- When is a "contract" not a contract? http://t.co/1oQifQRm #
- Here's a challenge for a #Mediator What's a fair compromise in this Virginia 10 Commandments case? http://t.co/dczwkoUV via @PilotNorfolk #
- Every student at Walsingham Academy from pre-k to 12th grade will be issued an iPad http://t.co/lRhiBjXf Thanks for the RT @HomesinWbgVa #in #
- New Survey Affirms HOA Resident Satisfaction http://t.co/IKrK86tR RT @hoamgtcom #
- Blog Post: Did you form your company in state other than Virginia? Make sure you properly register with Virginia's SCC http://t.co/ta9LFsN9 #
- Babe Ruth’s Mass. house for sale for $1.6M http://t.co/6alayGUH #
- Interesting FL law: if HOA has lien on home and homeowner rents to tenant, HOA can require tenant to pay rent to HOA http://t.co/6LMMu76W #
- Blog Post: Your business partner wants out? Can he leave the business, AND take it with him? Do’s and Don’ts http://t.co/ZuQ4t20d #in #
- Blog Post: When might an #Employee #NonCompete Agreement be valid and enforceable? http://t.co/77t0DRAg #in #
- Wilbur The Pig Can Live. Unanswered Question: How happy are his neighbors who turned him in? http://t.co/jmUhXynb RT @hoamgtcom #HOA #
- Every student at Walsingham Academy from pre-k to 12th grade will be issued an iPad http://t.co/A6yhaEax Thanks for the RT @JASEgroup #WBGVA #
- Worth a read: The worlds largest law firm has a sales team – and so can yours http://t.co/BLiSNq35 RT @rocketmatter via @johngrimley #
- Blog Post: Many HOA and Condo covenants impose Rental Restrictions. VA Attorney General opines they are valid. http://t.co/paZGBnqm #in #
- Blog Post: What must a homeowner disclose when selling their house? Limits to the Rule of Caveat Emptor http://t.co/iFlIcyHc #in #
- Many different #tax consequences with a Home #Foreclosure Find out the details here. http://t.co/7omMytiV MT @BruceGwaltney via @Lawyerscom #
- Are Oral Arguments Worth Arguing About? Is Appellate Advocacy overrated? http://t.co/bmfdhMX7 via @adamliptak #
- Blog Post: 4 Tips to help your HOA protect its Attorney-Client Privilege http://t.co/NXwCFWCx Thanks for the RT @UtahCondoLaw #
- Proposed Ordinance: Homeowner delinquent in HOA dues not permitted to rent their property. http://t.co/r7rqLIJE MT @ColoradoHOAGirl #
- Judge won't issue order to save Norfolk firm's sign protesting eminent domain http://t.co/Q7Utajay RT @PilotNorfolk #
- The Tarley Robinson HOA Weekly is out! http://t.co/aBfVTsut ? Top stories today via @kgblawfirm @michaelteys @colmbrannigan @califcondoguru #
- Are Oral Arguments Worth Arguing About? Is Appellate Advocacy overrated? http://t.co/GgHagyvC via @adamliptak #
- Tarley Robinson Virginia Law is out! http://t.co/qplF7MWv ? Top stories today via @sharonnelsonesq @susanallenlaw @tomfosterweb @vabarassn #
- Tarley Robinson Williamsburg News is out! http://t.co/hYArAkOT ? Top stories today via @mrwilliamsburg @buschgardensva @valleycrest #
- RT @philmcnulty: Fabrice Muamba here at Wembley and getting a generous round of applause from both sets of fans. #
- Judge won't issue order to save Norfolk firm's sign protesting eminent domain http://t.co/7CsokwJt RT @PilotNorfolk #
- Blog Post 2-Minute Drill Weekly Tweets for 2012-05-04: Blog Post: Why you should have a buy-sell agreement w… http://t.co/ORfu5OvB #in #
- 2-Minute Drill Weekly Tweets for 2012-05-04 http://t.co/RWHHKinH #
- Create your own Laphroaig Tartan! http://t.co/z6F9vJmh #
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