We continually warn about the use of work email accounts to correspond with your attorney:

• 3 tips for safe emailing with your attorney;
• Using a company computer to email your attorney may be a bad idea
• Emails from work computer can waive rights to privileged communications

The American Bar Association has now opined that lawyers should “warn the client about the risk of sending or receiving electronic communications using a computer or other device, or e-mail account, where there is a significant risk that a third party may gain access.” Although the ABA’s opinion is not binding upon any state regulatory bar association, it is likely that state bar associations, like the Virginia State Bar, will review this opinion with interest.

Client Email

Most of our communications are not private, even though we think they are. Work emails are not secure. Regardless of whether lawyers are required or suggested to warn clients, it is not a good idea to use your work email account to email your attorney.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

We frequently blog on the importance of cooperation and relationship-building in your homeowner association or condominium association. Here is an easy and practical way to build your association’s camaraderie as James City County is sponsoring a Good Neighbor Environment Matching Grant for the fall of 2013.

The county’s stated purpose of the grant ” is to enhance the sense of community and environmental wellness of our neighborhoods through the development and accomplishment of a neighborhood sustainable landscape beautification project.” Consequently, the two categories for the grant are Physical Improvement/Sustainable Landscaping and Multi-Neighborhood Project Partnerships.

The grant is not limited to “formal” HOAs or Condo Associations, as any neighborhood association or neighborhood committee authorized “to manage and/or maintain the common areas of a community” may apply. However, such a neighbor association or committee has a few more obstacles to overcome to apply.

Applications are due on September 30, 2013, and the grants will be announced on October 15, 2013. We will make this information known to our association clients, but anybody is welcome to pass along this link to the application. Let us know if we can help your association apply for this Good Neighbor grant.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Along with several other local New Town business owners, Tarley Robinson participated in the 2nd New Town Night Out. The NTBA has gathered momentum over the course of the past few months and we were extremely happy to participate with several of our business neighbors. Over 80 New Town residents attended, and they learned about several New Town businesses while enjoying fine foods and drinks. Many thanks to John and Kim Lowery for working the table! We made a Qwiki video of the event.

New Town Night OutCreate your own Qwiki in one tap. Get the free app now at Qwiki.com/app.

via Qwiki

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  . 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 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”

The Central Virginia Chapter of Community Association Institute is sponsoring two sessions of the Legislative Lunch & Learn. The June 5 session will be held in Williamsburg at the Ford’s Colony Swim & Tennis Club, and the June 7 session will be held at The Wyndham Foundation. The sessions will cover updates on Virginia legislation and case law that affect Virginia homeowner associations and condominium associations. Managers, HOA Boards of Directors, and interested owners will benefit from this educational opportunity.

Our own Susan Tarley will be teaching both sessions, along with Jerry Wright of the Richmond area law firm Chadwick, Washington, Moriarity, Elmore & Bunn, P.C. Use this registration form for either the Williamsburg or the Richmond event. Already registrations have been strong for this event so sign up soon!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Our Circuit Court Judge Samuel T. Powell III retired this year. As a gesture of appreciation for his service, the Williamsburg Bar Association commissioned a judicial portrait that was unveiled at a ceremony in the Circuit Court for Williamsburg and James City County.

I was honored to present remarks and, with the help of Sergeant Darrell Brantley, Judge Powell’s long-serving bailiff, to unveil the portrait to Judge Powell and the community. A photo of the event, below, was published by The Virginia Gazette.

My first year on the Community Associations Institute Virginia Legislative Action Committee (“VALAC”) was a great learning experience. The education on how our legislature works was, well, interesting. The greater educational moment came in watching the members of the VALAC volunteer for innumerable hours towards the betterment of the community association industry. Here are some of the changes in Virginia law for HOAs: Continue reading “New Legislation will change the operations of your Virginia Condominium Associations and Homeowner Associations”

The Federal Housing Finance Agency (“FHFA”) has changed its proposed rule. As you will recall, FHFA had proposed a rather sweeping rule which called into question the ability of common interest communities to collect transfer fees, capital contributions or similar one-time assessments when a property is transferred. CAI weighed in heavily on this subject matter, pointing out the negative effects of such a rule. The result is that FHFA has revised the proposed rule.

The FHFA press release stated that:

FHFA has determined to propose a rule with a narrower focus. . . . In summary, the principal differences between the proposed guidance and the proposed rule are:

1. FHFA proposes to except from the rule private transfer fees that are paid to homeowners’ associations and similar associations, and to tax-exempt non- profit organizations, where the fees are used for the direct benefit of the encumbered properties.
2. FHFA proposes to make the rule prospective in effect, so that it applies to private transfer fee covenants created after the publication date of this proposed rule.
3. FHFA allows an implementation period of 120 days for the regulated entities.

The public participation was crucial to getting the FHFA to change its proposed rule. More than 4,210 comment letters were sent to the FHFA. This included comments from CAI and numerous homeowners, cooperative, and condominium associations; individuals living within such associations; community associations; and other nonprofit organizations.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia