Chinese Drywall damages not covered by homeowners insurance
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
ADA Compliance – Update on HOAs, Condos and Swimming Pools
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.
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Seminar: Collections, Bankruptcies and Foreclosures, Oh My!
Susan 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.
