Posts by Susan Tarley:
Virginia Homeowner and Condominium Association Complaint Procedures must be adopted by September 29, 2012
July 3rd, 2012We 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.
Sign up for the Community Association Legislative Lunch & Learn in Williamsburg or Richmond
May 24th, 2012The Central Virginia Chapter of Community Association Institute is sponsoring two sessions of the Legislative Lunch & Learn. The June 5 session will be held in Williamsburg at the Ford’s Colony Swim & Tennis Club, and the June 7 session will be held at The Wyndham Foundation. The sessions will cover updates on Virginia legislation and case law that affect Virginia homeowner associations and condominium associations. Managers, HOA Boards of Directors, and interested owners will benefit from this educational opportunity.
Our own Susan Tarley will be teaching both sessions, along with Jerry Wright of the Richmond area law firm Chadwick, Washington, Moriarity, Elmore & Bunn, P.C. Use this registration form for either the Williamsburg or the Richmond event. Already registrations have been strong for this event so sign up soon!
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
ADA Compliance – Update on HOAs, Condos and Swimming Pools
April 25th, 2012In the Spring of 2011, we blogged about Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas. The issue we addressed was whether your Association needed to be aware of new requirements under the Americans with Disabilities Act (“ADA”). The Justice Department had issued new ADA Standards for Accessible Design, which include mandates for removing barriers to access to pools and spas. We suggested that if your HOA or Condo Association allows non-members of the association to use its pool in exchange for some form of compensation, your pool may fall under the definition of a public accommodation. If it does, the association would have to comply with the new ADA Standards and provide accessible entry and exits no later than March 15, 2012.
The March 15, 2012 deadline has come and gone, but Attorney General Eric Holder signed a rule that extended the deadline for a period of 60 days after publication of the rule in the Federal Register. A Notice of Proposed Rulemaking (NPRM) was also filed on March 15, 2012, which proposes a 180-day extension of the compliance deadline. This blog post discusses what these delays mean for your HOA or Condo.
Republished by Blog Post Promoter
New Legislation will change the operations of your Virginia Condominium Associations and Homeowner Associations
April 20th, 2012
My first year on the Community Associations Institute Virginia Legislative Action Committee (“VALAC”) was a great learning experience. The education on how our legislature works was, well, interesting. The greater educational moment came in watching the members of the VALAC volunteer for innumerable hours towards the betterment of the community association industry. Here are some of the changes in Virginia law for HOAs: Read the rest of this entry “
Republished by Blog Post Promoter
Transfer fees paid to homeowners’ associations are safe!
March 23rd, 2012
The Federal Housing Finance Agency (“FHFA”) has changed its proposed rule. As you will recall, FHFA had proposed a rather sweeping rule which called into question the ability of common interest communities to collect transfer fees, capital contributions or similar one-time assessments when a property is transferred. CAI weighed in heavily on this subject matter, pointing out the negative effects of such a rule. The result is that FHFA has revised the proposed rule.
The FHFA press release stated that:
FHFA has determined to propose a rule with a narrower focus. . . . In summary, the principal differences between the proposed guidance and the proposed rule are:
1. FHFA proposes to except from the rule private transfer fees that are paid to homeowners’ associations and similar associations, and to tax-exempt non- profit organizations, where the fees are used for the direct benefit of the encumbered properties.
2. FHFA proposes to make the rule prospective in effect, so that it applies to private transfer fee covenants created after the publication date of this proposed rule.
3. FHFA allows an implementation period of 120 days for the regulated entities.
The public participation was crucial to getting the FHFA to change its proposed rule. More than 4,210 comment letters were sent to the FHFA. This included comments from CAI and numerous homeowners, cooperative, and condominium associations; individuals living within such associations; community associations; and other nonprofit organizations.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
Republished by Blog Post Promoter
Seminar: Deed Restrictions
August 26th, 2011Susan B. Tarley will be presenting Deed Restrictions for the Advanced ABC’s course for the Central Virginia Chapter of CAI. This is the third and most advanced track of CAI’s Homeowner Education Curriculum. Date: November 13, 2010 from 8;30 a.m. to 3:00 p.m. at Brandermill Clubhouse in Midlothian. Two other components are being presented – Building Community and insurance Matters. Contact CVC-CAI Executive Director, Stacey Drayer at sdrayer_cvccai@verizon.net or 804-739-7655 to register. We’ll post an outline of the presentation.
Republished by Blog Post Promoter
Seminar: Collections, Bankruptcies and Foreclosures, Oh My!
October 25th, 2010Susan B. Tarley will be one of the presenters for Collections, Bankruptcies and Foreclosures, Oh My! sponsored by the Central Virginia Chapter of CAI. Join us on November 10, 2010. 11:30 a.m. registration. Noon presentation with lunch. Location: 3901 Westerre Parkway, Ste. 100, Richmond, VA. RSVP to attend to sdrayer_cvccai@verizon.net. We’ll post an outline of the presentation.
