We have written extensively on the virtues of alternative dispute resolution, specifically mediation, to resolve disputes. Litigation is a time-consuming and expensive undertaking, and in the end, both sides are generally unhappy with the result because of the costs and time incurred.

But although we encourage mediation generally, mediation in HOA litigation is a much more complex and difficult undertaking. In this blog post, we will discuss difficulties with mediating HOA disputes.

Continue reading “HOAs and Mediation: Not always a viable alternative to Litigation”

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.

Board of Directors Meeting

Continue reading “HOA Litigation: Is it avoidable?”

It’s that time of year when we start to see holiday decorations.  Yes, the stores have begun displaying Halloween items along with Thanksgiving, Christmas, Hanukkah, Kwanzaa, and other holiday decorations at the same time. As we start to see the orange mini-lights for Halloween, condominium associations and property owner associations begin to deal with the issue of whether holiday decorations are permissible and if so, how long can they be displayed. Although when we read these stories, we may think that homeowners are over-reacting to a small issue, but what looks like a celebration of Halloween to one owner may seem way over-the-top to another. Rules for holiday decorations need to take into account ALL owners to be fair, effective, and enforceable. This blog post provides some common-sense guidance for your community association regarding holiday decorations.

Continue reading “Community Associations and Holiday Decorations: Trying to Preserve Holiday Cheer”

This week, at the newly renovated Omni Homestead Resort, the annual Virginia Leadership Retreat will take place. For this event, community managers and their management company executives, guest speakers, and the community association attorneys and service providers from all parts of Virginia will meet to discuss this year’s topic: Building Community Association Intelligence.  Susan Tarley served on the VLR Planning Committee and helped put together a program with an exciting slate of interactive classes to encourage participatory learning for all attendees.

John Tarley will teach classes at the VLR, discussing topics about which we blog frequently. John is teaching “Mission Possible? The Dynamics of Group Decision-Making,” and will be the Square-Master for “Hollywood Squares – Your Mission Has Begun.”

The VLR provides us with an opportunity to mingle with other industry professionals so we can provide better service for our clients.  The golf, spa, and Jefferson Pools are pretty nice, too!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

The 2011 Virginia Leadership Retreat was held this past weekend at The Homestead in Hot Springs, Virginia.  The Virginia Leadership Retreat is the leading educational and networking forum for community association professionals in Virginia. This was the 3^rd annual retreat and it was a great success!  The attorneys at Tarley Robinson, PLC participated in many events at the Retreat. From teaching to sponsoring to working at the VLR, our attorneys devoted dozens of hours to this event.

Susan Tarley serves as a member of the Virginia Leadership Retreat Committee.  The Committee is comprised of members of the Washington Metro, Central Virginia and Southeastern Virginia Chapters of the Community Associations Institute.  Susan is a representative of the Central Virginia Chapter, serving on the Board of Directors as well as the Virginia Legislative Action Committee.

Both John Tarley and Susan Tarley presented educational sessions that provided community association managers with their annual continuing education credits.  Susan’s topic was Protecting Confidentiality:  The Attorney Client Privilege.  The importance and purpose of the privilege for homeowner and condominium associations was discussed along with best practice tips to protect the privilege. We have blogged many times on this important topic.

John’s area of expertise in social media provided the backdrop for his presentation on how to use social media, including Facebook, Twitter and blogging to help move management companies to the forefront in the industry. John provided a roadmap on how to implement social media into a business, and related the benefits that gained as a leading professional in the field.

The keynote speaker was one of Williamsburg’s own Deborah Reeser McKinnon who presented an inspiring session on leadership.

John, Susan and Philip Chapman, also attended the educational forums and retreat events.  The event includes many industry professionals. We find that sharing information and socializing with colleagues is a tremendous learning experience, helping us provide even better service for our clients. Pictures will follow!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

John Tarley