The 2012 Election is right around the corner. In Virginia we have been inundated with political ads for the two presidential candidates, a side-effect to living in a swing state. However, we have not seen any political ads on the proposed Constitutional Amendment on the Virginia Ballot on November 6. This article will discuss the proposed Virginia Constitutional Amendment and hopefully provide you with facts and access to information you need to make your decision next week.

Continue reading “Eminent Domain is on the Virginia State Ballot for 2012”

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  Va. Code Ann. 55-530. 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 CAI chapters in Virginia.  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.

John 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.

I 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”

Recent news articles reported that a Norfolk Circuit Court awarded default judgment to several homeowners against Taishan Gypsum Company, a Chinese drywall manufacturer. However, as with the other outcomes in Virginia, it is unlikely that homeowners or building supply companies will receive any benefits from this decision.

When the corrosive drywall issues first became public, concerns were raised about two possible issues: a) health effects; and b) property damage. To date, both the Centers for Disease Control and the Consumer Product Safety Commission (“CPSC”) have found that “not enough information exists to determine the nature and magnitude of a potential health risk.” Furthermore, no deaths can be attributed to exposure to imported corrosive drywall. That is good news. Continue reading “There still are no winners in Virginia’s Chinese Drywall Cases”

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

• Blog Post:: Okay, how do we establish a funding plan for our Reserves? (Part 2 of a 3 part series on Reserves) http://t.co/JdDLVDNp #
• Benefits of Community Associations: How is Covenant Enforcement Good for Owners? #HOA #Condo http://t.co/34eOIZmT RT @VirginiaHOALaw #
• Blog Post: Same Employer But a Different Result in this Noncompete Case from the Virginia Supreme Court http://t.co/g4v4SGJ1 #
• Very interesting new VA law provides grants to those who investment in small businesses http://t.co/yZYcfO1i MT @VABarAssn via @rtdnews #
• Blog Post: HOA & Condo Swimming Pools not covered by new DOJ rules unless. . . . . http://t.co/yVWw19iN #in #
• All Aboard! Ozzy sued by HOA for extending their backyard onto the common area. http://t.co/GChH3PdO MT @AccellPM via @civil_litigator #
• Blog Post: Can I cut down my neighbor’s tree when its branches overhang my property? http://t.co/0xgFmGLG #in # Continue reading “2-Minute Drill Weekly Tweets for 2012-06-08”

• ‘Hatfields & McCoys’ is a ratings record-setter. That’s a sentence I thought I’d never read. http://t.co/50YcfPoj #WV #
• Sign up for the June 5 Community Association Legislative Lunch & Learn in Williamsburg presented by Sue Tarley http://t.co/JIumBqcF #
• Blog Post: Virginia Supreme Court rules on dispute between winery and HOA – What does it means for your HOA? http://t.co/uKEgDnn6 #
• Is an injunction the right remedy to stop abusive HOA resident’s behavior? http://t.co/OYBNgWYl RT @virginiahoalaw #
• 11 Riskiest Dog Breeds for Homeowners and Renters-Insurance companies resist covering these dogs http://t.co/4qbznf5N MT @VirginiaHOALaw #
• Blog Post: Implementing an HOA Complaint Procedure in Virginia http://t.co/eXP4A7rP #in #
• Blog Post:: When might a Virginia employer be liable for unemployment compensation? http://t.co/CWEljmg8 #
• Continue reading “2-Minute Drill Weekly Tweets for 2012-06-01”