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    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.

Immigration and Employers – Remember your I-9 Forms

April 23, 2020 on 2:16 pm | In Business Planning, Common Interest Community, John Tarley, Merger & Acquisition | No Comments

There are many issues for entrepreneurs starting and operating their small businesses. In that light, immigration is not just a national issue involving major companies. Small businesses must be aware of government requirements, too.

Since 1986, the Immigration and Nationality Act has required employers to to verify that its employees are able to accept employment in the United States. Consequently, the I-9 form was developed. Every employee must complete an I-9 form at the time of hire. Employers are required to ensure the form is completed within three days of hire. Furthermore, even if the company engages contractors, the company could be liable if it knows the contractor employs unauthorized workers. Obviously, criminal penalties await those who fraudulently fill out the I-9 form, but civil penalties also can be levied against companies who fail to keep proper records, even if the employee is legally authorized to work in the United States.

As always, ask your attorney to make sure that your company’s legal issues are covered so that you can focus your energy on growing your business.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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Another Thanks to Construction Law Musings – HOAs and Construction Defects

April 23, 2020 on 2:16 pm | In Common Interest Community, General Interest, HOA, HOA litigation, John Tarley, Real Estate Strategies, Unit Owners Association | No Comments

Richmond Construction Law attorney Chris Hill, my friend and colleague, permitted me another opportunity to blog at his award-winning blog Construction Law Musings. Chris is an outstanding Virginia attorney, and his blog is a great source of information on construction law, including the intricacies of mechanic’s liens. You can also follow him on Twitter, @ConstructionLaw.

Chris has a regular feature called “Guest Post Friday” in which he invites other bloggers to contribute to his Musings. For this blog, we wrote a post exploring the statutory warranties, provided in Va. Code § 55-79.79 of the Condominium Act, that require the Declarant to warrant “all of the common elements for two years.”

Here’s a brief excerpt of the post:

When either a commercial or residential condominium development nears the time of automatic transition, the developer and the owners face many challenges. The developer, or “Declarant,” must transfer responsibility for management, enforcement of the Condominium Instruments, and finances, amongst other responsibilities, to the new owner-controlled Board of Directors. With the pending departure of the Declarant, owners can become concerned about possible construction defects with the common elements. This blog post discusses the process and responsibilities under the statutory warranties provided by the Virginia Condominium Act.

Read the complete blog at Construction Law Musings, as well as many other informative posts on Chris’ outstanding blog. Thanks again, Chris!

Thank you

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Homeowner cannot be forced to join a voluntary HOA

April 23, 2020 on 2:16 pm | In Common Interest Community, HOA, John Tarley, Real Estate Strategies, State & Federal Litigation | 1 Comment

In a case from the Chesterfield Circuit Court, the circuit court judge determined that a homeowner could not be forced to pay association dues to a voluntary association. This result is not surprising.

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Three Factors An HOA Should Consider When Hiring An Attorney

April 23, 2020 on 2:15 pm | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association | No Comments

Selecting an attorney is one of the more significant decisions made by the board of directors for a community association. Often times, the association makes its decision based upon price alone. Although “price” is a valid factor to consider, there are other important factors the board should review during its selection process. This article addresses three of the major considerations.

First, the board should determine the prospective attorney’s experience level in the representation of community associations. Attorneys for common interest communities are similar to the general counsel in major corporations because of the wide range of issues that arise. Extensive experience in many of the possible legal issues facing community associations should be a prerequisite.

Tarley Robinson

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Holiday Lights and your HOA

April 23, 2020 on 2:15 pm | In Common Interest Community, HOA, HOA litigation, Real Estate Litigation, Unit Owners Association | Comments Off on Holiday Lights and your HOA
Happy Holidays

The Virginia Supreme Court has issued another ruling specifying the limitations of homeowners associations to enact guidelines, rules, and regulations that exceed the scope of their authority.

We had written previously about attempts by HOAs to regulate holiday decorations. The first item on our suggested checklist to assist homeowners association was “Does the Board have the authority to regulate holiday decorations? If not, your inquiry stops here.” As it turns out, that is the basis for the Court’s decision in Sainani v. Belmont Glen Homeowners Association.

In Sainani, the association adopted guidelines for “Seasonal Holiday Decorations” (the “Guidelines”) to regulate various aspects of homeowners’ display of exterior lighting. The trial court found that the homeowners violated the Guidelines by having the “lights . . . on 24/7” for “at least 300 days a year.”

On appeal, the homeowners argued that the Guidelines exceeded the HOA’s authority and were unenforceable. The Virginia Supreme Court agreed. In essence, the Court specifically stated that “None of the covenants in the amended declaration can be construed to authorize the seasonal guidelines, and thus, the seasonal guidelines exceed the scope of the HOA’s authority.”

As we wrote in another blog post analyzing an unpublished order from the Virginia Supreme Court in the case of Shadowood Condominium Association et al., v. Fairfax County Redevelopment and Housing Authority, “Unless the . . . governing documents specifically permit the common interest community to impose the charges and/or suspension of rights for violations of the documents . . . it is likely that a court may find against the association where the owner contests such actions.” The Sainani case will have ramifications for HOAs who do not follow those guidelines.

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Arbitration in debt collection: FTC says it’s a broken system

April 22, 2020 on 6:34 pm | In Common Interest Community, State & Federal Litigation, Susan B. Tarley, Weekly Tweets | Comments Off on Arbitration in debt collection: FTC says it’s a broken system

As a follow-up to our post on the costs and benefits of the arbitration process, the Federal Trade Commission (“FTC”) recently issued a report indicating that the litigation and arbitration practices for resolving consumer debt need major reform.

Debt collection cases are on the rise.  We have seen a tremendous increase in the number of cases we are filing on delinquent homeowner association dues. In James City County/Williamsburg, the local courts have seen a 27% increase in civil filings from 2006 to 2008.  Other courts in Virginia and other states are experiencing similar increases in civil filings.

The FTC has made specific recommendations that the Federal government and the states consider new laws to protect consumers including a recommendation that a temporary ban be placed on the use of binding arbitration until such time that the arbitration forums have initiated changes to address deficiencies in arbitration. The FTC has suggested that state legislatures adopt measures to make it more likely that consumers will defend themselves in litigation, decreasing the prevalence of default judgments; require debt collectors to include more information about the alleged debt in their complaints; take steps to make it less likely that collectors will sue on debt on which the statute of limitations has run; and change laws to prevent the freezing of a specified amount in a bank account including funds exempt from garnishment.

We do not believe that these changes, if they occur, will effect our current practice areas and clients. However, we have also seen instances in which perceived procedural unfairness can lead to overreaching legislation. For example, it is fair to say that when the Fair Debt Collection Practices Act was passed, legislators did not intend for it to reach into the wide-ranging areas it now does, including the collection of homeowner dues. See, e.g., Barry v. Board of Managers of Elmwood Park Condominium II, NT Slip Op 27506, http://caselaw.findlaw.com/ny-civil-court/1211140.html (December 12, 2007, NY Civil Court City of New York, Richmond County) (Judge Philip S. Straniere writing that “Somehow I think that Adams, Jefferson and Madison must be turning over in their graves at the thought that the federal government is regulating such a local activity as the collection of condominium association dues between the homeowner and the association”).

Arbitration tends to release pressure on state courts by handling cases that otherwise would be brought in court. However, if the process continues to be perceived as unfair, restrictions on the use of arbitration could be forthcoming.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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2014 Legislative Update for Virginia HOAs

June 16, 2014 on 6:28 am | In Common Interest Community, General Interest, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

The 2014 session on the  Virginia Legislative Action Committee (“LAC”) created new experiences for our committee. Each year on the LAC brings new challenges, and in my second year as Chair of the LAC, we experienced our most active General Assembly session.

The LAC’s mission is to monitor and advocate for legislation affecting HOAs and condominium associations. All of the bills cited below are effective July 1, 2014 unless otherwise noted.

Williamsburg HOA and Business Law Firm

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CAI Law Seminar 2014 for HOA Lawyers

March 18, 2014 on 8:44 pm | In Common Interest Community, General Interest, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

Hard to believe that the CAI Law Seminar in Las Vegas was 7 weeks ago.  I have been meaning to report on the seminar but the practice has kept me very busy.

CAI Lawyer

The Law Seminar provides a unique learning opportunity to discuss emerging trends, practices and legislative issues important to the practice of community association law. Attendees include attorneys, management professionals, and other industry leaders.

The Law Seminar was excellent this year! I attended education sessions each day that were well-presented, topical, and detailed.  My colleagues in the HOA and condominium industry have a lot of experience to share.

I attended a session that reviewed a case study on Repair Projects, Special Assessments, Association Divisiveness and Litigation.  This session provided a lot of good information.  Two of the attorneys involved in advising the association, and in defending the subsequent litigation, provided an in-depth analysis of a community that needed to move forward on repair projects but did not have sufficient funds in its reserve account.  (Sound familiar?).  The program identified the issues faced by the community, the challenges of getting consensus from the owners on the needed repairs, and the solution that the board pursued.   There are many communities in Virginia that have aging infrastructures and will soon, if not already, be facing the challenges of making repairs and having the money to do so.  The presented case study provided a road map for a major repair project.

I also had the opportunity to serve on a “Panel of Pundits.” Along with colleagues from Colorado, Massachusetts, Hawaii and New Jersey, we fielded questions from the audience concerning community association issues.

Attorneys that make the effort to attend and participate in events like these help us all to stay current on issues that affect HOAs. That enables us to provide better service and advice to our clients. Because the law changes quickly, make sure your HOA law firm stays current.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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2014 CAI Annual Legal Seminar in Las Vegas

January 22, 2014 on 7:48 pm | In Common Interest Community, HOA, HOA litigation, John Tarley, Unit Owners Association, Weekly Tweets | No Comments

Susan Tarley is attending the 2014 CAI Legal Seminar in Las Vegas this week. This seminar brings together all of the leading community association legal professionals and is chock-full of interesting classes. As stated in the brochure, “The Law Seminar provides a unique learning opportunity to discuss emerging trends and legislative issues important to the practice of community association law.”

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On Wednesday night, Susan will attend the dinner for all attorneys who have been admitted into the College of Community Association Attorneys (“CCAL”). Susan is one of fewer than 150 attorneys nationwide to be admitted to CCAL, for distinguishing herself through contributions to the evolution or practice of community association law.

On Thursday afternoon, Susan will be a panelist on a Panel of Pundits. This panel of six distinguished HOA attorneys will field questions via Twitter, text message, computer, and in person. If you have a question, click here for the details and ask it!

On Friday, Dan Abrams from ABC is the keynote speaker. Finally, on Saturday, there are sessions discussing issues HOAs face in collections and insurance.  

Our attorneys participate and take leadership roles in our areas of practice in order to provide our clients with fully informed advice. By participating in events like the annual CAI Legal Seminar, we do our best to serve our clients.



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James City County offering Good Neighbor Grant to HOAs and other neighborhood associations

August 12, 2013 on 7:33 am | In Common Interest Community, HOA, John Tarley, Real Estate Strategies, Unit Owners Association, Weekly Tweets | No Comments

We frequently blog on the importance of cooperation and relationship-building in your homeowner association or condominium association. Here is an easy and practical way to build your association’s camaraderie as James City County is sponsoring a Good Neighbor Environment Matching Grant for the fall of 2013.


The county’s stated purpose of the grant ” is to enhance the sense of community and environmental wellness of our neighborhoods through the development and accomplishment of a neighborhood sustainable landscape beautification project.” Consequently, the two categories for the grant are Physical Improvement/Sustainable Landscaping and Multi-Neighborhood Project Partnerships.

The grant is not limited to “formal” HOAs or Condo Associations, as any neighborhood association or neighborhood committee authorized “to manage and/or maintain the common areas of a community” may apply. However, such a neighbor association or committee has a few more obstacles to overcome to apply.

Applications are due on September 30, 2013, and the grants will be announced on October 15, 2013. We will make this information known to our association clients, but anybody is welcome to pass along this link to the application. Let us know if we can help your association apply for this Good Neighbor grant.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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