Spring time is around the corner and the community pools will ready for the summer season. Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas need to be aware of new requirements under the Americans with Disabilities Act (“ADA”). In July, 2010, the Justice Department issued new ADA Standards for Accessible Design, which include mandates for removing barriers to access to pools and spas. These new Standards apply to any private entity that operates a “place of public accommodation,” which may include an association. If an association limits use of its pool to its members and their guests, its pool does not fall under the requirements of the ADA. However, if an association allows non-members of the association to use its pool in exchange for some form of compensation, its pool may fall under the definition of a public accommodation. If it does, the association will have to comply with the new ADA Standards no later than March 15, 2012.

Continue reading “HOAs and Swimming Pools–Do you need to be ADA Compliant?”

As one of the sponsors for this summer’s concert series, New Town After Hours, we have thoroughly enjoyed the music and gathering of friends from throughout Williamsburg.  The next show is Thursday, July 14, 2011, 6:00 – 9:30 p.m. This week’s band is Butter, one of the area’s most popular local bands.

Do you wanna go? Fill in this form and let us know. We will provide a total of 8 free tickets to the first requesters, a maximum of 2 tickets per request. Remember that children under 16 are free.

Hope to see you there!

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

John Tarley was honored with the 2010-11 St. George Tucker Adjunct Professor Award. John succeeds the 2009-10 winner, Neal Robinson. It’s most certainly coincidental, but extremely humbling that our firm members have been recognized for teaching excellence in successive years by one of our nation’s best law schools.

The Center for Community Association Volunteers for the Community Association Institute is offering an invaluable workshop called The Essentials of Community Association Volunteer Leadership. The course is being held on Saturday, October 22, 2011 from 9:30 a.m. to 3:00 p.m. and is sponsored by the Central Chapter of Community Associations Institute.

For your convenience, we have attached a Registration form that provides more information.

The 2011 Virginia Leadership Retreat was held this past weekend at The Homestead in Hot Springs, Virginia.  The Virginia Leadership Retreat is the leading educational and networking forum for community association professionals in Virginia. This was the 3^rd annual retreat and it was a great success!  The attorneys at Tarley Robinson, PLC participated in many events at the Retreat. From teaching to sponsoring to working at the VLR, our attorneys devoted dozens of hours to this event.

Susan Tarley serves as a member of the Virginia Leadership Retreat Committee.  The Committee is comprised of members of the Washington Metro, Central Virginia and Southeastern Virginia Chapters of the Community Associations Institute.  Susan is a representative of the Central Virginia Chapter, serving on the Board of Directors as well as the Virginia Legislative Action Committee.

Both John Tarley and Susan Tarley presented educational sessions that provided community association managers with their annual continuing education credits.  Susan’s topic was Protecting Confidentiality:  The Attorney Client Privilege.  The importance and purpose of the privilege for homeowner and condominium associations was discussed along with best practice tips to protect the privilege. We have blogged many times on this important topic.

John’s area of expertise in social media provided the backdrop for his presentation on how to use social media, including Facebook, Twitter and blogging to help move management companies to the forefront in the industry. John provided a roadmap on how to implement social media into a business, and related the benefits that gained as a leading professional in the field.

The keynote speaker was one of Williamsburg’s own Deborah Reeser McKinnon who presented an inspiring session on leadership.

John, Susan and Philip Chapman, also attended the educational forums and retreat events.  The event includes many industry professionals. We find that sharing information and socializing with colleagues is a tremendous learning experience, helping us provide even better service for our clients. Pictures will follow!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

John Tarley

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

Check out our May newsletter highlighting our blog article entitled “HOAS, ADA, AND FHA: REGULATING “SERVICE OR ASSISTANCE ANIMALS” and our article entitled WHY YOU SHOULD HAVE A BUY-SELL AGREEMENT WITH YOUR BUSINESS PARTNERS.  Also you’ll find our invitation to the 2011 Virginia Leadership Retreat held at The Homestead.

Tarley Robinson May 2011 Newsletter

Today we are doing our final packing to prepare for tomorrow’s move to 4808 Courthouse Street, Suite 102 in Williamsburg. Our new office is located in New Town, conveniently located across the street from The Corner Pocket, and just down the street from the Williamsburg/James City County Courthouse. You can see our new office in the above photo that shows the signage from the previous occupant of our new space, Bank of America.

Although there is a little trepidation about moving on April Fools’ Day, everybody is excited about our new location. We appreciate all the relationships that have enabled us to contribute to this community and to do what we love doing, helping others.

Susan 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.