Will your homeowners association or condominium association transition from developer control to homeowner control soon? Have you recently transitioned? Susan Tarley will explain a Developer’s responsibilities, help you establish your first homeowner Board of Directors, and discuss what the Association and its members can expect as they go through transition in this FREE seminar.

Details:

June 20, 2013 6-8PM

William E. Wood Building

5208 Monticello Ave, Williamsburg, VA 23188

Contact:

Monica Godman at Tarley Robinson, PLC to reserve your seat!

(757) 229-4281 or  mgodman@tarleyrobinson.com

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

The (“LAC”) had a busy 2013 legislative session. This is my third year on the LAC and each year brings new challenges. Our mission is to monitor and influence legislation affecting community associations. This year I served as the Chair of the LAC and we monitored over 30 bills and were active on over 10 of the bills. We were successful in getting some bills tabled, some modified, and some passed. All of the bills cited below are effective July 1, 2013 unless otherwise noted. If you have any questions on the impact of these changes for your community, please let us know.

Legislation

Continue reading “2013 Legislative Update for Virginia HOAs”

Along with several other local New Town business owners, Tarley Robinson participated in the 2nd New Town Night Out. The NTBA has gathered momentum over the course of the past few months and we were extremely happy to participate with several of our business neighbors. Over 80 New Town residents attended, and they learned about several New Town businesses while enjoying fine foods and drinks. Many thanks to John and Kim Lowery for working the table! We made a Qwiki video of the event.

New Town Night OutCreate your own Qwiki in one tap. Get the free app now at Qwiki.com/app.

via Qwiki

Recent news articles reported that a Norfolk Circuit Court awarded default judgment to several homeowners against Taishan Gypsum Company, a Chinese drywall manufacturer. However, as with the other outcomes in Virginia, it is unlikely that homeowners or building supply companies will receive any benefits from this decision.

When the corrosive drywall issues first became public, concerns were raised about two possible issues: a) health effects; and b) property damage. To date, both the Centers for Disease Control and the Consumer Product Safety Commission (“CPSC”) have found that “not enough information exists to determine the nature and magnitude of a potential health risk.” Furthermore, no deaths can be attributed to exposure to imported corrosive drywall. That is good news. Continue reading “There still are no winners in Virginia’s Chinese Drywall Cases”

Although it’s only one case, and it probably will be appealed, a Virginia federal court judge determined that a homeowners insurance policy did not cover losses resulting from Chinese drywall. The case is TRAVCO Ins. Co. v. Ward. Frankly, the decision is not surprising, but it does provide another roadblock to homeowners looking for assistance in paying for drywall replacement. Nothing has happened thus far, including the award of a large default judgment against Chinese manufacturers of the drywall, that provides any immediate financial relief to those homeowners. Therefore, if you are in the market to buy a house, you need to take precautions when considering homes built between 2004 and 2007, the timeframe generally accepted as when the Chinese drywall was used prominently in new home construction. The Consumer Product Safety Commission and James City County Code Compliance has a wealth of information and reports regarding the ongoing investigation of Chinese Drywall.

UPDATE: The James City County Board of Equalization has reduced to $100 the home values of Chinese drywall victims. These legislative solutions will probably become the only source of financial relief for homeowners.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

The 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

Our Circuit Court Judge Samuel T. Powell III retired this year. As a gesture of appreciation for his service, the Williamsburg Bar Association commissioned a judicial portrait that was unveiled at a ceremony in the Circuit Court for Williamsburg and James City County.

I was honored to present remarks and, with the help of Sergeant Darrell Brantley, Judge Powell’s long-serving bailiff, to unveil the portrait to Judge Powell and the community. A photo of the event, below, was published by The Virginia Gazette.

In 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.

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

It’s that time of year again to schedule your attendance at the Homestead for The Virginia Leadership Retreat. This event has become a favorite for Virginia community association attorneys, management companies, 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. Here are some photos from last year’s event.

Continue reading “Virginia Leadership Retreat at The Homestead – 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: Continue reading “New Legislation will change the operations of your Virginia Condominium Associations and Homeowner Associations”