• Recent Posts

  • Martindale Hubbell AV Rating

    The Greater Williamsburg area is an exciting place to live and work, especially because of the large number of entrepreneurs who have built businesses from the ground up. These entrepreneurs have taken their passion and made it their profession. Many of us want to take that step. Before you begin, you need to think of the type of business entity you want to form. Our attorneys have extensive business experience, from small one-person companies to publicly traded major corporations. Our attorneys are among the leaders in Virginia in the representation of Common Interest Communities. These communities are generally referred to as "homeowners associations," or "HOAs," and "condominium associations." In the greater Williamsburg area alone, we provide legal assistance to nearly 100 associations. Our attorneys have successfully prosecuted and defended a wide array of civil disputes involving community association covenant enforcement, commercial transactions, construction disputes, contracts, real estate matters, boundary line and easement disputes, employment matters, antitrust litigation, copyright violations, administrative proceedings, and estate issues. Real Estate law encompasses a wide variety of matters, and our attorneys have vast experience to assist you. Whether you need assistance with a commercial or residential closing, or you have questions relating to residential or commercial leasing, we provide experienced advice and counsel to our clients. Zoning law can be a complicated maze of statutes and ordinances. We have ample experience in successful applications for rezoning, variance, and special use permit requests. Finally, commercial and residential construction provide special challenges with respect to financing issues and the construction process. We serve as counsel to various financial institutions.

7 reasons to consider amending your HOA’s governing documents

May 26, 2023 on 4:52 am | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association | Comments Off on 7 reasons to consider amending your HOA’s governing documents

In other posts we have discussed a homeowner association’s governing documents. Many communities were established 20-40 years ago with governing documents that worked well for the developer, and for the most part the community association. However, many of these governing documents are outdated.  and federal laws pertaining to community associations have changed substantially.  If your board of directors has not engaged in an audit of your communities governing documents in the past 5-7 years, it should.

What is an “audit” of our governing documents?

An “audit” of your documents is an in-depth review by your HOA’s board of directors in conjunction with your association attorney.  The Board reviews each document noting any sections that lack clarity, are no longer enforced, appear to not apply to your community, protect a long-gone developer, or do not provide the association with adequate remedies.  The Board prepares a list of concerns or issues facing the community, such as homes that are not being maintained, large amounts of delinquent assessments, or enforcement capabilities of the association.  The Board provides this information to the association attorney.

Continue reading “7 reasons to consider amending your HOA’s governing documents”

Comments Off on 7 reasons to consider amending your HOA’s governing documents

Can HOAs suspend pool privileges to collect unpaid assessments?

May 26, 2023 on 4:52 am | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association | Comments Off on Can HOAs suspend pool privileges to collect unpaid assessments?

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.

Williamsburg Virginia Business and HOA Lawyers ADA

Swimming Pools and ADA

Comments Off on Can HOAs suspend pool privileges to collect unpaid assessments?

ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools

May 26, 2023 on 4:52 am | In Common Interest Community, HOA, HOA litigation, John Tarley, State & Federal Litigation, Susan B. Tarley, Unit Owners Association | Comments Off on ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools

We have blogged about new requirements under the Americans with Disabilities Act (“ADA”) that may affect Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas. Subsequently, we updated our previous post to report upon an update to the required compliance date.

The Justice Department has now issued a “final rule” revising “the Department of Justice regulations implementing the Americans with Disabilities Act to extend until January 31, 2013” as the compliance date for the ADA Standards for Accessible Design for existing pools and spas.

Consequently, 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 January 31, 2013. What does that mean for your HOA?

Continue reading “ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools”

Comments Off on ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools

Community Associations and Holiday Decorations: Trying to Preserve Holiday Cheer

May 26, 2023 on 4:52 am | In Common Interest Community, General Interest, HOA, HOA litigation, Mediation, Real Estate Litigation, Susan B. Tarley, Unit Owners Association | Comments Off on Community Associations and Holiday Decorations: Trying to Preserve Holiday Cheer

It’s that time of year when we start to see holiday decorations.  Yes, the stores have begun displaying Halloween items along with Thanksgiving, ChristmasHanukkahKwanzaa, 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.

Homeowner Associations

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

Comments Off on Community Associations and Holiday Decorations: Trying to Preserve Holiday Cheer

In a Heartbeat – Is an HOA liable if it provides an AED?

May 26, 2023 on 4:52 am | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association | Comments Off on In a Heartbeat – Is an HOA liable if it provides an AED?

It happens in a heartbeat – literally.  Sudden cardiac arrest is a leading cause of death among adults over the age of 40 in the United States and other countries.  Studies have shown, however, that when bystanders intervene and start cardiopulmonary resuscitation (“CPR”) or utilize an (“AED”), four out of ten victims actually survive this otherwise certain killer.

Community associations considering installing an AED at the clubhouse or pool are understandably concerned about liability. What if someone uses it incorrectly? Is the Association required to provide training? Should access to the AED be limited? What if the AED has not been maintained?

AED

 

Continue reading “In a Heartbeat – Is an HOA liable if it provides an AED?”

Comments Off on In a Heartbeat – Is an HOA liable if it provides an AED?

Don’t Let the Bedbugs Bite. . .Your Condominium Neighbor!

May 26, 2023 on 4:52 am | In Common Interest Community, Contributors, General Interest, HOA, HOA litigation, Real Estate Litigation, Real Estate Strategies, Unit Owners Association | Comments Off on Don’t Let the Bedbugs Bite. . .Your Condominium Neighbor!

When water leaks from one condominium into another, determining the responsible party is usually not too difficult.  But what about when the hazard isn’t water, but bed bugs, parasitic insects of the cimicid family that feed exclusively on blood and often take up residence nearby or inside of beds, bedding and/or other sleep areas, who is responsible then? This blog post will review some of the issues regarding condos and bedbugs.

Bedbugs and Condos

Continue reading “Don’t Let the Bedbugs Bite. . .Your Condominium Neighbor!”

Comments Off on Don’t Let the Bedbugs Bite. . .Your Condominium Neighbor!

Pesticides, Fungicides, and Herbicides: Why do Virginia HOAs need to know the difference?

May 26, 2023 on 4:52 am | In HOA, HOA litigation, John Tarley, Unit Owners Association | Comments Off on Pesticides, Fungicides, and Herbicides: Why do Virginia HOAs need to know the difference?

There are many issues that confront your common interest community as its board of directors and management company work hard to maintain the HOA. One issue that has recently come up is the need to be knowledgeable about the chemicals an HOA applies to its common areas.

The Property Owners’ Association Act in Virginia Code § 55-510.3 and the Condominium Act in Virginia Code § 55-79.80:01 both require that an association post notice of all applications of pesticide in or upon the common areas/elements. This notice must be provided by conspicuous signs placed in or upon the area where the pesticide will be applied, at least 48 hours prior to application. This blog post analyzes one particular question that an association should consider when applying chemicals to its common areas: What is a pesticide?

HOAs and pesticides

Continue reading “Pesticides, Fungicides, and Herbicides: Why do Virginia HOAs need to know the difference?”

Comments Off on Pesticides, Fungicides, and Herbicides: Why do Virginia HOAs need to know the difference?

(Yet Another) Update on ADA Compliance regarding HOAs, Condos and Swimming Pools

May 26, 2023 on 4:52 am | In Common Interest Community, HOA, HOA litigation, State & Federal Litigation, Susan B. Tarley, Unit Owners Association | Comments Off on (Yet Another) Update on ADA Compliance regarding HOAs, Condos and Swimming Pools

We blogged about the extension granted by the Department of Justice for existing pools to comply with the new ADA Standards for providing accessible entry and exits. Just days after issuing its “Final Rule,” the Department of Justice published a fact information page with Questions and Answers regarding Accessibility Requirements for Existing Swimming Pools at Hotels and other Public Accommodations. The DOJ’s Q&A attempts to answer questions regarding whether your pool shall require accommodations. This blog post analyzes the Q&A.

Continue reading “(Yet Another) Update on ADA Compliance regarding HOAs, Condos and Swimming Pools”

Comments Off on (Yet Another) Update on ADA Compliance regarding HOAs, Condos and Swimming Pools

Have You Updated Your HOA Management Contract Lately?

May 26, 2023 on 4:52 am | In Business Law, Common Interest Community, General Interest, HOA, HOA litigation, John Tarley, Real Estate Strategies, Susan B. Tarley, Unit Owners Association | Comments Off on Have You Updated Your HOA Management Contract Lately?

Many of us are so busy in performing the work that we are hired to do that we often neglect the housekeeping we should do for our businesses. Management agreements with community associations may fall into this category. As with many agreements in which sections are revised but the whole contract is not reviewed, management agreements can take on a life of their own as they are tweaked here and there. In this blog, we discuss the need to take time to have your forms and contracts reviewed to ensure that your management company is protected by the agreement, that it reflects current law, and that it comports to any required regulations.

 Contract

Continue reading “Have You Updated Your HOA Management Contract Lately?”

Comments Off on Have You Updated Your HOA Management Contract Lately?

Who pays when a tree falls on my property?

May 26, 2023 on 4:52 am | In General Interest, HOA, HOA litigation, John Tarley, Real Estate Litigation, State & Federal Litigation, Unit Owners Association | Comments Off on Who pays when a tree falls on my property?

Hurricane Irene left a lot of damage in Virginia. Although the damage was not as great and widespread as caused by Hurricane Isabel, many of us had in excess of ten inches of rain and suffered from many fallen trees. This tree fell in my back yard.

We  previously blogged about issues arising when a neighbor’s vegetation, including trees, encroaches upon our property. In that situation, we can cut the offending vegetation, including roots, back to the common property line. However, if the vegetation is also damaging our property,  the Court can order the complete removal of the offending vegetation and award us compensation for our expenses, including compensation for damages.

After Hurricane Irene, we should visit another question: who pays for damage when my neighbor’s tree falls on my property? Generally speaking, this property law question involves an issue of negligence and insurance. Each situation would require a review of the facts, and a review of your homeowner’s insurance policy, but here is some general guidance:

Comments Off on Who pays when a tree falls on my property?
Next Page »
  • Phone Numbers

    (757) 229-4281- Office

    (757) 229-7439 - Fax
  • Address

    4801 Courthouse Street Suite 122 Williamsburg, Virginia 23188
Web Development by OneWaveMedia.Com