A Virginia Beach jury found a condominium association liable for failing to permit unit owners an opportunity to inspect and copy association records. Not only must the condo board allow inspection and copying, they must pay for an audit of the association records and pay $50,000 for the unit owners’ attorneys’ fees.

These questions arise frequently. This blog post reviews the various Virginia statutes that address the right to inspect and copy records for companies, HOAs and condominium associations.

Continue reading “Requests to Inspect and Copy Community Association or Company Records: Should it be this complicated?”

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Flying the flag is an important way that Americans celebrate their liberty and the sacrifices of past and present heroes who defend it. There were news stories about a dispute between an Ohio homeowners’ association and a Vietnam veteran over a flagpole that brought an important issue to the forefront.

In Ohio, a homeowner erected a large flagpole on his property to fly the flag. The homeowners’ association told him that the flagpole (not the flag) violated the declaration of covenants for the neighborhood, and asked him to take the flagpole down. It offered to place flagpoles in common areas in the neighborhood, and suggested that the covenants would allow him to fly a flag on a pole attached to his house. He refused. After a firestorm of publicity, the HOA averted litigation by permitting the homeowner to keep his flagpole. The underlying question remains: can a homeowners’ association really prohibit an owner from flying the American Flag?

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A short while ago we wrote a blog piece on the issues relating to community associations regulating service animals. In that blog we noted that the Fair Housing Act (“FHA”)  “permits individuals with disabilities to keep an assistance animal as a reasonable accommodation when there are limitations imposed by the homeowner or condominium association on animals and pets.”  In Broward County, Florida, that county’s Civil Rights Division filed suit against a condominium association for violating the FHA by refusing to consider a person’s request for an “emotional servant animal,” a chihuahua.

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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.

Continue reading “2014 Legislative Update for Virginia HOAs”

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.

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

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.”

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.

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.

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

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! 

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

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.

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