How important are state statutes and case decisions in governing your HOA?
We discussed Governing Documents for homeowners associations and Governing Documents for condominium associations. These governing documents for your community association must be read in conjunction with certain state and federal laws. In this article, we will discuss those relevant laws that must be considered by your HOA.
Continue reading “How important are state statutes and case decisions in governing your HOA?”
Get your fence off my property!
Clients sometimes come to us with disputes regarding real estate litigation matters involving boundary line and easement encroachments. We provide legal advice and counsel, trying to balance your real estate rights with neighborly harmony, always looking to avoid a lawsuit when possible.
Easements provide a broad range of legal rights and obligations. In a fairly recent Virginia Supreme Court case, Snead v. C&S Properties Holding Company, a landowner blocked access to a validly recorded easement. The easement holder filed a lawsuit, asking the court to order the obstruction removed. The Virginia Supreme Court ordered the fence removed, concluding that “a significant portion of the easement would be rendered unusable for ingress and egress if injunctive relief were denied.”
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”).
Virginia Leadership Retreat at The Homestead – 2011
Mark your calendars for July 29, 2011 – July 31, 2011 for The Virginia Leadership Retreat, a time for you to enjoy a great weekend at The Homestead while networking with homeowner association attorneys, managers, and business partners. The VLR is a very popular seminar sponsored by Central Virginia Community Association Institute, Southeastern Virginia Community Association Institute, and Washington Metropolitan Community Association Institute.
Both Susan Tarley and John Tarley will teach classes at the VLR. Susan will discuss a topic about which we blog frequently, “Confidentiality: Preserving the Attorney-Client Privilege.” John will explore the use of social media to enhance your business marketing, “Social Media Marketing for CA Managers.” The discussion will include the use of Twitter, Facebook, and blogging to enhance your online business presence.
Other topics to be presented at the VLR include:
- Aging Community Infrastructures
- Aging-In-Place: The Boomer Community
- Fresh Regs for Fresh Water
- Nuisances, Noxiousness and Offensiveness
- E-voting, E-signatures, E-etc.; Technology and the CA
- RFP’s from Start to Finish
- Rules: Purpose, Philosophy and Reasonableness
- LEGAL and LEGISLATIVE UPDATE
- Transition I: Developer to Owner
- Ethical Challenges in Managing Community Associations
- Transition II: Manager to New Management
- Unauthorized Practice of Law
Use this form to register now for the Virginia Leadership Retreat while rooms are available and enjoy a fantastic weekend at The Homestead and its three championship golf courses, one of the world’s premier spas, a world-class shooting club, fly fishing with Orvis-endorsed instructors, 100 miles of trails to explore, and an award-winning KidsClub. The VLR is one of the top CAI programs, we hope to see you there!
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
Susan Tarley
John Tarley
Susan Tarley named to CAI Legislative Action Committee
Susan was named recently to the Community Association Institute’s Virginia Legislative Action Committee (“VALAC”). VALAC monitors legislation affecting Virginia community associations in which more than 500,000 homeowners reside. VALAC is known as the “resource for providing accurate, timely, influential input to Virginia legislators.” You can follow Legislative Updates regarding community associations for the upcoming General Assembly session here.
Susan has long been an active participant in the CAI as a Board Member and Past President. If you have any legislative suggestions, call or send an email.