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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.

Virginia Statute – HOAs must adopt “Cost Schedule” to recover copy costs

The Virginia Code has provisions that provide members of condominium associations and homeowner associations with the ability to request copies of books and records. The statutes have also permitted  associations to recover the costs of copying the requested books and records.

This blog post highlights a new statutory provision affecting common interest communities. On July 1, 2012, HOAs and condo associations will only be able to recover these copying costs if the association has adopted a cost schedule.


Va Code Ann. 55-79.74:1, which is applicable to condominiums, and Va. Code Ann. 55-510(D), which is applicable to homeowner associations, provide members of associations the opportunity to look at and copy all books and records kept by or on behalf of the association. The applicable statute permits the member to exercise his right upon five days’ written notice to the association, with such notice reasonably identifying both the purpose for the request and the specific books and records that the member wants to review.  The member must be in good standing, and may only exercise his right during reasonable business hours or at a mutually convenient time and location.  Associations may recover the costs of materials and labor for copies of any of the requested books and records.

Under the new statutory provisions, in order to recover those costs, associations must have a policy in place that sets forth a cost schedule for the labor and material charges for the various documents that may be requested.  The cost schedule should reflect charges that are reasonable, and the costs may not exceed the actual costs incurred by the association. The Virginia statutes require that the policy must apply equally to all members in good standing, and that the cost schedule must be provided to the requesting member at the time the request is made.

With the July 1, 2012 deadline, make sure that your community association has complied with the new provisions. Consult with your association attorneyto have your policy reviewed or drafted for compliance with Virginia law.

Susan new photo1 150x150 4 Tips to help your HOA protect its Attorney Client Privilege

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia



Susan Tarley

Susan Tarley

Susan chairs the firm's common interest community (HOAs and Condos) practice area. She was 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.

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Filed under: Common Interest Community, General Interest, HOA, HOA litigation, Real Estate Litigation, Susan B. Tarley, Unit Owners Association by Susan Tarley

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