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”

Homeowner and condominium associations are required to adopt a Complaint Process by September 29, 2012. This presentation will discuss the requirements of the Complaint Process and how the Complaint Process works. Susan B. Tarley, Esquire of Tarley Robinson, PLC will present the seminar. Particular attention will be given to how associations will practically deal with complaints, and the types of complaints that are covered under the Complaint Process. The presentation will include a time for questions and answers. Click the link below for details.

HOA Complaint Procedure Free Seminar

Susan Tarley was quoted in an article in the Virginia Gazette on the new Complaint Procedures required by  . The Common Interest Community Ombudsman has approved final regulations for the required Complaint Procedure which are effective July 1, 2012. Community associations have until September 29, 2012 to adopt a Complaint Procedure. Read the article here.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

We are back from the Virginia Leadership Retreat, and wow, there is so much to process.  The VLR is an amazing event based on its volunteer workforce.  Our VLR committee is comprised of volunteers from the three .  I am pleased to be one of the committee members.  The committee members plan the retreat, develop the educational program, coordinate all of the  retreat events,  produce all of the communications, invitations, and instructions for speakers and attendees, stuff the welcome bags, make name tags…. if its part of the retreat, its done by our committee.  All of our speakers, other than our keynote speaker, are volunteers who actually pay to attend the retreat.  Our speaker evaluations bear out the top quality speakers and presentations that truly define our retreat.

and I both taught sessions at the retreat.  John presented with two attorney colleagues, Andrew Elmore and Jeanne Lauer, on litigation issues for community associations.  With a combined 65 years of experience, John, Andrew and Jeanne provided valuable information on dealing with lawsuits.

presented on legislation that mandates permitting green initiatives over restrictive covenants that prohibit such things as solar panels, clotheslines, wind energy devices, and energy efficiency measures.  I was paired with Pia Trigiani who practices law in Richmond, and  with our combined 50+ years of experience (yikes!), we had a lively and productive discussion with our audience on green initiatives.

Our event is attended by managers and business partners who are not only dedicated to their occupations, but also truly committed to our industry. Sharing information and experiences and networking make all of us better at what we do.

Finally, I think that all I need to say is two words:  The Homestead.  Yes, it is a wonderful respite.  If you have never been to The Homestead, we highly recommend the experience.  It was great networking with colleagues on the Old Course, at the pool, or over dinner at Sam Snead’s Tavern or the 1776 Grille.  I would be remiss if I didn’t mention the fabulous breakfast buffet.

I’m already looking forward to next year’s retreat!

Tarley Robinson, PLC, Attorneys and Counsellors at Law – Williamsburg, Virginia

This week, at the venerable Homestead, the annual Virginia Leadership Retreat will take place. For this event, community managers and their management company executives, guest speakers, and the community association attorneys and service providers from all parts of Virginia will meet to discuss this year’s topic: Changing Times in Community Associations.

Both Susan Tarley and John Tarley will teach classes at the VLR, discussing topics about which we blog frequently. The topics for this year’s event include:

• Learning to Communicate like a Pro;
• The Role of a Manager as a First Responder;
• Leadership Training;
• Preparing for “Forcing Green” Legislation (taught by Susan Tarley);
• Conflict Management Skills;
• Virginia Legislative Update; and
• Dealing with Lawsuits (taught by John Tarley).

The VLR provides us with an opportunity to mingle with other industry professionals so we can provide better service for our clients. Oh, and the golf is pretty nice, too!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

We blogged about the 4 things your HOA needs to know about Virginia’s complaint process, and provided some guidance for Implementing an HOA Complaint Procedure. Now, the Common Interest Community Ombudsman has approved final regulations for the required Complaint Procedure. The Ombudsman Regulations are effective July 1, 2012, which means that community associations have until September 29, 2012 to adopt a Complaint Procedure.

This blog post summarizes the new regulations.

Continue reading “Virginia Homeowner and Condominium Association Complaint Procedures must be adopted by September 29, 2012”

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

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”