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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.

Three Factors An HOA Should Consider When Hiring An Attorney

April 23, 2023 on 5:36 am | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association | Comments Off on Three Factors An HOA Should Consider When Hiring An Attorney

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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Unauthorized Practice of Law: When unlicensed attorneys serve as HOA board members

April 23, 2020 on 2:36 pm | In Common Interest Community, General Interest, HOA, HOA litigation, Merger & Acquisition, Real Estate Strategies, Susan B. Tarley | Comments Off on Unauthorized Practice of Law: When unlicensed attorneys serve as HOA board members

An article in the Virginia Gazette featured a story regarding the indictment of a local attorney for the unauthorized practice of law; a criminal charge classified as a class 1 misdemeanor. Although those allegations did not involve a homeowner association, it highlights a recurring issue for volunteer boards of directors for many organizations including homeowner associations and not-for-profit organizations on which attorneys serve. This article focuses on those issues facing boards for homeowner associations (“HOAs”) but the issues are similar for other volunteer boards of directors.

 

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4 Tips to help your HOA protect its Attorney-Client Privilege

April 23, 2020 on 2:35 pm | In Common Interest Community, General Interest, HOA, HOA litigation, State & Federal Litigation, Susan B. Tarley, Unit Owners Association | Comments Off on 4 Tips to help your HOA protect its Attorney-Client Privilege

The Attorney-Client Privilege protects confidential communications between an attorney and his or her client.  This privilege includes communications made to the attorney and communications from the attorney. The Attorney-Client Privilege is designed to encourage clients to communicate with their attorney freely, without fearing disclosure of those communications made in the course of representation. The Attorney-Client Privilege is important because it permits clients to give their attorney complete and uncensored information, enabling their attorney to provide informed and thorough legal advice.

For community associations, the Attorney-Client Privilege belongs to the association and can only be expressly waived by the a decision of the association board or executive organ. However, the privilege can be impliedly waived based on the client’s conduct.  A determination on whether the privilege has been waived will depend on the specific facts of each case. The association will have to establish that the attorney-client relationship existed, that the communication is privileged, and that the privilege was not waived.

Here are four basic tips for the board of your Common Interest Community to follow so that it protects the association’s Attorney-Client Privilege:

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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 | Comments Off on 2014 Legislative Update for Virginia HOAs

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 | Comments Off on CAI Law Seminar 2014 for HOA Lawyers

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 | Comments Off on 2014 CAI Annual Legal Seminar in Las Vegas

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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2013 Virginia Leadership Retreat at The Homestead

July 22, 2013 on 10:00 am | In Common Interest Community, General Interest, HOA, HOA litigation, John Tarley, Unit Owners Association, Weekly Tweets | Comments Off on 2013 Virginia Leadership Retreat at The Homestead

This week, at the newly renovated Omni Homestead Resort, 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: Building Community Association Intelligence.  Susan Tarley served on the VLR Planning Committee and helped put together a program with an exciting slate of interactive classes to encourage participatory learning for all attendees.

Williamsburg HOA and Business Law Attorneys, Condominium Associations, Homeowner Association Law

John Tarley will teach classes at the VLR, discussing topics about which we blog frequently. John is teaching “Mission Possible? The Dynamics of Group Decision-Making,” and will be the Square-Master for “Hollywood Squares – Your Mission Has Begun.”

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

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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2013 Legislative Update – Free Seminars in Williamsburg and Newport News

June 6, 2013 on 8:14 pm | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association, Weekly Tweets | Comments Off on 2013 Legislative Update – Free Seminars in Williamsburg and Newport News

We have blogged about the many changes coming to your community association as a result of 2013 legislative changes. As an additional service, we are providing free seminars in Williamsburg and Newport News to review those changes. Susan Tarley will discuss what the Association and its members can expect in this FREE seminar.


See this flyer for details! Tarley Robinson June Seminars

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

 

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2013 Legislative Update for Virginia HOAs

May 7, 2013 on 7:46 am | In Common Interest Community, HOA, HOA litigation, Land Use Planning, Real Estate Litigation, Real Estate Strategies, Susan B. Tarley, Unit Owners Association, Weekly Tweets | Comments Off on 2013 Legislative Update for Virginia HOAs

The Virginia Legislative Action Committee (“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.

Williamsburg HOA and Business Law Firm

Legislation

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Free HOA Seminar – Implementing a Complaint Procedure: It’s the Law in Virginia for Homeowner and Condominium Associations

September 5, 2012 on 3:56 pm | In Common Interest Community, HOA, HOA litigation, Unit Owners Association, Weekly Tweets | Comments Off on Free HOA Seminar – Implementing a Complaint Procedure: It’s the Law in Virginia for Homeowner and Condominium Associations

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

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