Community Associations that have adopted rules and regulations that permit the association to avail itself of the enforcement capabilities found in Va. Code Ann. § 55-79.80:2 or § 55-513(B) should have counsel review the governing documents or condominium instruments, as applicable, in light of an unpublished Virginia Supreme Court order in Shadowood Condominium Association et al., v. Fairfax County Redevelopment and Housing Authority. In Shadowood, the Court determined that community associations do not have the authority to impose charges or suspend owner’s rights unless the authority is specifically granted in the condominium instruments or governing documents. This blog post analyzes that Court order.

Continue reading “HOAs and the Power to Adopt Rules and Regulations: Is it more limited than we think?”

As a follow-up to our post on the costs and benefits of the arbitration process, the Federal Trade Commission (“FTC”) recently issued a report indicating that the litigation and arbitration practices for resolving consumer debt need major reform.

Debt collection cases are on the rise.  We have seen a tremendous increase in the number of cases we are filing on delinquent homeowner association dues. In James City County/Williamsburg, the local courts have seen a 27% increase in civil filings from 2006 to 2008.  Other courts in Virginia and other states are experiencing similar increases in civil filings.

The FTC has made specific recommendations that the Federal government and the states consider new laws to protect consumers including a recommendation that a temporary ban be placed on the use of binding arbitration until such time that the arbitration forums have initiated changes to address deficiencies in arbitration. The FTC has suggested that state legislatures adopt measures to make it more likely that consumers will defend themselves in litigation, decreasing the prevalence of default judgments; require debt collectors to include more information about the alleged debt in their complaints; take steps to make it less likely that collectors will sue on debt on which the statute of limitations has run; and change laws to prevent the freezing of a specified amount in a bank account including funds exempt from garnishment.

We do not believe that these changes, if they occur, will effect our current practice areas and clients. However, we have also seen instances in which perceived procedural unfairness can lead to overreaching legislation. For example, it is fair to say that when the Fair Debt Collection Practices Act was passed, legislators did not intend for it to reach into the wide-ranging areas it now does, including the collection of homeowner dues. See, e.g., Barry v. Board of Managers of Elmwood Park Condominium II, NT Slip Op 27506, http://caselaw.findlaw.com/ny-civil-court/1211140.html (December 12, 2007, NY Civil Court City of New York, Richmond County) (Judge Philip S. Straniere writing that “Somehow I think that Adams, Jefferson and Madison must be turning over in their graves at the thought that the federal government is regulating such a local activity as the collection of condominium association dues between the homeowner and the association”).

Arbitration tends to release pressure on state courts by handling cases that otherwise would be brought in court. However, if the process continues to be perceived as unfair, restrictions on the use of arbitration could be forthcoming.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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

Will your homeowners association or condominium association transition from developer control to homeowner control soon? Have you recently transitioned? Susan Tarley will explain a Developer’s responsibilities, help you establish your first homeowner Board of Directors, and discuss what the Association and its members can expect as they go through transition in this FREE seminar.

Details:

June 20, 2013 6-8PM

William E. Wood Building

5208 Monticello Ave, Williamsburg, VA 23188

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

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

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”

The 2011 Virginia Leadership Retreat was held this past weekend at The Homestead in Hot Springs, Virginia.  The Virginia Leadership Retreat is the leading educational and networking forum for community association professionals in Virginia. This was the 3^rd annual retreat and it was a great success!  The attorneys at Tarley Robinson, PLC participated in many events at the Retreat. From teaching to sponsoring to working at the VLR, our attorneys devoted dozens of hours to this event.

Susan Tarley serves as a member of the Virginia Leadership Retreat Committee.  The Committee is comprised of members of the Washington Metro, Central Virginia and Southeastern Virginia Chapters of the Community Associations Institute.  Susan is a representative of the Central Virginia Chapter, serving on the Board of Directors as well as the Virginia Legislative Action Committee.

Both John Tarley and Susan Tarley presented educational sessions that provided community association managers with their annual continuing education credits.  Susan’s topic was Protecting Confidentiality:  The Attorney Client Privilege.  The importance and purpose of the privilege for homeowner and condominium associations was discussed along with best practice tips to protect the privilege. We have blogged many times on this important topic.

John’s area of expertise in social media provided the backdrop for his presentation on how to use social media, including Facebook, Twitter and blogging to help move management companies to the forefront in the industry. John provided a roadmap on how to implement social media into a business, and related the benefits that gained as a leading professional in the field.

The keynote speaker was one of Williamsburg’s own Deborah Reeser McKinnon who presented an inspiring session on leadership.

John, Susan and Philip Chapman, also attended the educational forums and retreat events.  The event includes many industry professionals. We find that sharing information and socializing with colleagues is a tremendous learning experience, helping us provide even better service for our clients. Pictures will follow!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

John Tarley

Susan B. Tarley will be presenting Deed Restrictions for the Advanced ABC’s course for the Central Virginia Chapter of CAI.  This is the third and most advanced track of CAI’s Homeowner Education Curriculum.  Date:  November 13, 2010 from 8;30 a.m. to 3:00 p.m.  at Brandermill Clubhouse in Midlothian. Two other components are being presented – Building Community and insurance Matters.  Contact CVC-CAI Executive Director, Stacey Drayer at sdrayer_cvccai@verizon.net or 804-739-7655 to register. We’ll post an outline of the presentation.