An article in the Virginia Gazette featured a story regarding the indictment of a local attorney for the unauthorized practice of law; a criminal charge classified as a class 1 misdemeanor. Although those allegations did not involve a homeowner association, it highlights a recurring issue for volunteer boards of directors for many organizations including homeowner associations and not-for-profit organizations on which attorneys serve. This article focuses on those issues facing boards for homeowner associations (“HOAs”) but the issues are similar for other volunteer boards of directors.

Continue reading “Unauthorized Practice of Law: When unlicensed attorneys serve as HOA board members”

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

No sooner had we posted our blog article on the enforceability of listing agreements even when they are not in writing, another recent case came to our attention. This case is from the New Kent County Circuit Court. This case is another example of the increasing acrimony between sellers and brokers in a tight real estate market.

Listing Agreements

Continue reading “Real Estate Listing Agreements are Contracts – Do you know your rights and obligations?”

It’s a simple fact of business life that you and your company’s fellow shareholders or members will not always see eye-to-eye. Furthermore, our personal lives change and that effects the level of willingness in which some participate in a business venture.

As in any relationship, businesses also reach that awkward stage in which a shareholder or member wants to leave his current business venture and start something new. We have discussed starting your business and provided guidelines for setting forth the rules for governing your business. This article addresses some of the difficulties that arise during the “break-up period.” For the purposes of this article, we will use the terms “shareholder” and “member” interchangeably, as well as the terms “director” and “managing member.”

As summer begins and the temperature rises, people are eager to cool off in community pools. For homeowner’s associations and condominium associations, this can be an opportunity to encourage members behind in their assessments to get caught up.

Before an association starts suspending pool passes to encourage members to pay their dues, however, it should be aware of provisions in Virginia Law that affect what actions it can take. Both the Virginia Property Owners’ Association Act and the Virginia Condominium Act allow an association to suspend services (including use of common areas such as pools) for failure to pay assessments, as long as the association complies with certain requirements.

Swimming Pools and ADA

We blogged about the Virginia Supreme Court case of Ott v. Monroe. In that case, the Court ruled that when a father, in his will, assigned his majority interest in a limited liability company to his daughter, he only assigned a profit interest, not a control interest. Consequently, his daughter did not have the authority to “run” the company, absent the consent of the remaining LLC members.

In its 2013 session, the General Assembly modified the relevant LLC statutes in an attempt to overturn the Virginia Supreme Court’s decision. This blog post examines the new statute, and how it may impact your limited liability company.

Continue reading “Update for Limited Liability Companies: What happens to Membership Interest when a Member Dies?”

For your homeowners association, here’s a simple, but effective and invaluable checklist of suggested resolutions to improve the Board of Directors in your community association.

Board Checklist

1. Set-up your board of director orientation with Tarley Robinson, PLC.  This service is provided at no charge to our clients. We will send out a an email and letter to schedule an orientation shortly after your board of director elections. Email us to make sure you are on our mailing list.
2. Review your documents with your manager and attorney, or if self-managed, with your board and attorney, to determine whether you are operating in compliance with your documents and whether your documents comply with the law.
3. Encourage civility, applaud the good deeds of neighbors and provide solid leadership.  Remember that you are part of a community.
4. Schedule an appointment with your insurance agent to review your current policies. Confirm that your policies comply with any insurance requirements in your documents. Find out if you should change your deductibles.  Determine if you are paying the best price.
5. Implement your Complaint Policy and Copying Policy. You are required to have them.
6. Conduct efficient and effective board meetings. Spend some time working on the processes and procedures for your board meetings. Seek input from your board members, manager and attorney.
7. Follow the legislation affecting community associations. The Virginia Legislative Action Committee will be working hard to review proposed legislation and determine its impact on community associations. Updates will be posted at http://www.cai-valac.org/
8. Review your Reserve Study. Virginia law request annual review of your Reserve Study. If you do not have a Reserve Study to review, resolve to obtain one. It is the law.
9. Conduct a risk assessment relative to safety and the use of your Common Areas or Common Elements. Follow-up with appropriate action, be it implementing safety rules, repairing an unsafe area or item, or posting a warning sign.
10. Attend seminars provided by CAI. The Central Virginia Chapter Community Association Day, for example, is a daylong event that includes some great educational opportunities.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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.

Continue reading “Virginia Homeowner and Condominium Association Complaint Procedures must be adopted by September 29, 2012”

• Blog Post:: Okay, how do we establish a funding plan for our Reserves? (Part 2 of a 3 part series on Reserves) http://t.co/JdDLVDNp #
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• Blog Post: Same Employer But a Different Result in this Noncompete Case from the Virginia Supreme Court http://t.co/g4v4SGJ1 #
• Very interesting new VA law provides grants to those who investment in small businesses http://t.co/yZYcfO1i MT @VABarAssn via @rtdnews #
• Blog Post: HOA & Condo Swimming Pools not covered by new DOJ rules unless. . . . . http://t.co/yVWw19iN #in #
• All Aboard! Ozzy sued by HOA for extending their backyard onto the common area. http://t.co/GChH3PdO MT @AccellPM via @civil_litigator #
• Blog Post: Can I cut down my neighbor’s tree when its branches overhang my property? http://t.co/0xgFmGLG #in # Continue reading “2-Minute Drill Weekly Tweets for 2012-06-08”

• ‘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”