HOAs and Management Companies – Does your contract say what you think it says?

October 30, 2014 on 12:27 pm | In General Interest, HOA, HOA litigation, John Tarley, Unit Owners Association | No Comments

Originally posted 2011-10-05 08:45:36. Republished by Blog Post Promoter

Many boards of directors for community associations engage management companies to help the board operate their community. These relationships arise from written contracts negotiated by the parties. It is essential that homeowners’ associations and management companies have their contracts reviewed by their experienced HOA attorney.

When determining the terms of a contract, Virginia courts employ what is known as the “plain meaning” doctrine. This doctrine basically means that when an agreement is clear, a court will look to the ordinary meaning of the words of the contract itself. Consequently, the parties need to ensure that all of the terms they believe are part of an agreement are in the written contract itself.

A recent Virginia Supreme Court case presents a prime example of why it is important to have your association attorney review contracts between community associations and management companies. Continue reading “HOAs and Management Companies – Does your contract say what you think it says?”

No Comments »

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

October 30, 2014 on 12:27 pm | In Common Interest Community, HOA, Megan Scanlon, Real Estate Strategies, Unit Owners Association | No Comments

Originally posted 2013-09-11 07:58:21. Republished by Blog Post Promoter

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?”

No Comments »

Does Virginia law require an HOA to transition automatically to homeowner control of the Board of Directors?

October 30, 2014 on 12:27 pm | In Common Interest Community, HOA, HOA litigation, John Tarley, Real Estate Litigation, Susan B. Tarley, Unit Owners Association | No Comments

Originally posted 2011-06-28 09:17:54. Republished by Blog Post Promoter

Over the course of the past few years, homeowners in the Williamsburg development of Kingsmill on the James have become more vocal over the continued control by the community’s developer, Busch Properties, Inc. In May 2010, Kingsmill resident and a William & Mary Law School professor filed a lawsuit against Busch Properties. On August 20, 2010, the Williamsburg/James City Circuit Court heard the demurrer filed by Busch Properties. The court granted the demurrer. The Plaintiff appealed to the Virginia Supreme Court. The Court declined to hear the appeal. The Plaintiff filed a petition for rehearing that the Court refused to hear by an order dated June 16, 2011.

Williamsburg Virginia HOA Lawyers

HOA Transition

 

Continue reading “Does Virginia law require an HOA to transition automatically to homeowner control of the Board of Directors?”

No Comments »

4 things your HOA needs to know about Virginia’s complaint process

October 30, 2014 on 12:27 pm | In Common Interest Community, General Interest, HOA, Real Estate Strategies, Susan B. Tarley | No Comments

Originally posted 2010-09-28 06:26:21. Republished by Blog Post Promoter

In 2008, Virginia enacted legislation requiring condominium and property owners’ associations to establish reasonable procedures for resolving member and citizen complaints. The legislation further required the Common Interest Community Board (the “CICB”) to establish regulations for the associations to govern the complaint process.

 

What does this mean for your association? You will need to establish, or amend, your written procedures to comply with the regulations.

Continue reading “4 things your HOA needs to know about Virginia’s complaint process”

No Comments »

HOAs and a Reserve Study…it’s the law! (Part 1 of a 3 part series on Reserves)

October 30, 2014 on 12:27 pm | In Common Interest Community, HOA, Susan B. Tarley | No Comments

Originally posted 2010-09-06 09:37:24. Republished by Blog Post Promoter

Yes, Virginia, property owners’ associations and condominium associations are required to have a reserve study.  At least once every five years an association must obtain a study to determine the necessity and amount of reserves (i.e. financial savings) required to repair, replace and restore capital components.  Capital components are those items, regardless of whether they are part of the common area or common elements, for which a) the association has an obligation to repair, replace or restore, and for which b) the board or executive organ determines that funding is necessary.

Continue reading “HOAs and a Reserve Study…it’s the law! (Part 1 of a 3 part series on Reserves)”

No Comments »

How to Run An Effective HOA Board Meeting

October 30, 2014 on 12:26 pm | In Business Planning, Common Interest Community, HOA, HOA litigation, Megan Scanlon, Unit Owners Association | No Comments

Originally posted 2013-02-18 12:36:35. Republished by Blog Post Promoter

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”

No Comments »

Ban on kids playing football = housing discrimination lawsuit against Virginia HOA

October 30, 2014 on 12:26 pm | In Common Interest Community, HOA, John Tarley, Real Estate Strategies, State & Federal Litigation | No Comments

Originally posted 2010-10-26 09:30:25. Republished by Blog Post Promoter

Boards of Directors are empowered by statute in Virginia and often times by the governing documents of the community association to enact rules and regulations concerning common areas, common elements, recreational facilities or other areas of association responsibility.  Rules related to the use of common areas or common elements and recreational facilities should be based on concerns about safety, sanitation and nuisance.  In certain instances a Board of Directors may want to enact a rule to address the activities of children – limiting their pool time, forbidding children under a certain age from using recreational facilities or prohibiting certain activities on common areas or elements.  Be careful, the rule you enact may violate the federal and state Fair Housing Act.

According to a Complaint filed against a Chesapeake condominium association, the association had a “Group Sports Activity” rule that banned organized sports activities in the common areas without approval of the board. Concerns were raised whether this rule banned activities such as a parent and child passing a football.The Commonwealth of Virginia’s Fair Housing Board filed a housing discrimination lawsuit against Cedarwood Condominium Association, a Chesapeake condominium association. There have not been many of these lawsuits.

 

Continue reading “Ban on kids playing football = housing discrimination lawsuit against Virginia HOA”

No Comments »

What Should You Expect From Your Attorney?

October 30, 2014 on 12:26 pm | In Business Planning, General Interest, HOA, John Tarley, Merger & Acquisition, Real Estate Strategies, State & Federal Litigation | No Comments

Originally posted 2010-11-30 06:13:44. Republished by Blog Post Promoter

I read a recent article in the ABA Journal that differentiated between the teaching of “issue spotting” versus “problem solving” in law schools. This article strikes at the core of the services we provide as attorneys. We believe firmly that although it is our responsibility to help identify potential issues that you may face, our legal advice is fully realized when we help you solve your problems.

Continue reading “What Should You Expect From Your Attorney?”

No Comments »

Attorneys’ Fees and Litigation – When fees get awarded to the “Prevailing Party”

October 30, 2014 on 12:25 pm | In Common Interest Community, Construction litigation, HOA, HOA litigation, John Tarley, Mediation, Real Estate Litigation, State & Federal Litigation, Unit Owners Association | No Comments

Originally posted 2012-10-17 07:45:47. Republished by Blog Post Promoter

In litigation matters involving common interest communities (otherwise known as homeowners associations (“HOAs”) or condominium owners associations (“condo associations”)), the issue of awarding attorneys’ fees for prevailing parties ultimately arises. Generally, the HOA’s Governing Documents or the condo association’s Condominium Instruments contain such a provision. Otherwise, attorneys’ fees may be recoverable by statute for HOAs and condo associations.

These attorney fee-shifting provisions, either by contract or statute, are contrary to the typical “American Rule” cases in which each side pays their own attorneys’ fees. Because litigation has become so expensive to pursue, whether to award attorneys’ fees, and the amount of any award, has become separate litigation on its own at the conclusion of cases.

In the recent case of Dewberry & Davis, Inc. v. C3NS, Inc., the Virginia Supreme Court was faced with the issue of “whether the circuit court erred in applying an attorneys’ fees provision of a contract.” We had previously blogged about this case, because in the underlying contract between the parties, Dewberry & Davis, an engineering company, had limited its liability for damages. The trial court had determined the limitation of liability clause was void, pointing to a recent change to Virginia Code § 54.1-411that permitted an engineering company to include a limitation of liability clause. Because the contract predated the code change, the court determined that those changes “demonstrate that the General Assembly fully intended to alter the statute’s intent.”

The case continued to trial, and eventually, upon appeal, to the Virginia Supreme Court. This blog post explains that Supreme Court decision relating to the award of attorneys’ fees.

Continue reading “Attorneys’ Fees and Litigation – When fees get awarded to the “Prevailing Party””

No Comments »

Enforcing HOA covenants important for common interest communities

October 30, 2014 on 12:25 pm | In General Interest, HOA, John Tarley, State & Federal Litigation, Susan B. Tarley | 2 Comments

Originally posted 2010-11-22 09:04:32. Republished by Blog Post Promoter

 

We have written previously on the litigation of homeowner association cases. Generally, homeowner associations can file a lawsuit in the General District courts to enforce collection of assessments. However, If an HOA needs to enforce a covenant, seeking an injunction to require a homeowner to comply with the restrictive covenant, as of 2011, the HOA must file a lawsuit in the Circuit Court can now file a lawsuit in the General District Court, as well. Virginia Code sections 55-79.80:2, and 55-513 give jurisdiction for those matters to the General District Court. Those lawsuits can be expensive and time-consuming.

Continue reading “Enforcing HOA covenants important for common interest communities”

2 Comments »
Previous 1 2 3 4 5 6 7 8 9 10 11 12 ... 15 Next
« 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

    All Topics
  • Tarley Robinson Twitter Feed

Web Development by OneWaveMedia.Com