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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.
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What does it mean to be on the Board of Directors of your HOA? Fiduciary Duties (Part 1 of a series)

May 26, 2023 on 4:53 am | In Business Planning, Common Interest Community, HOA, Merger & Acquisition, Real Estate Strategies, Susan B. Tarley | Comments Off on What does it mean to be on the Board of Directors of your HOA? Fiduciary Duties (Part 1 of a series)

Board members are told that they have fiduciary duties to the community association, but what does that really mean?  Fiduciary duties arise because the members of the association entrust a board member to act in the best interest of the association when handling the association’s business.

There are three components that are important to understand fiduciary duty.  First, the Virginia Code, at § 13.1-870, imposes on directors a requirement that a director exercise her duties in good faith and in the best interest of the association.  This requirement is the so-called “business judgment” rule. Second, Virginia case law imposes duty of care that requires a board member to act as a reasonable person would under similar circumstances.  Third, Virginia case law imposes a duty of loyalty that requires a board member to put the association before any personal interest.  These last two duties are referred to as “common law” duties. Continue reading “What does it mean to be on the Board of Directors of your HOA? Fiduciary Duties (Part 1 of a series)”

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What can an HOA Board do if members question whether the President acted properly?

May 26, 2023 on 4:53 am | In General Interest | Comments Off on What can an HOA Board do if members question whether the President acted properly?

Susan Tarley answered a question that was published in the March/April 2013 issue of the Common Ground, the Community Association Institute’s Magazine for Community Association Leaders. Here is the question and answer.

Question

Our bylaws state that no reimbursement shall be given for services rendered by any board member unless voted and agreed on amongst the board members. I am a board member, and our association president has submitted bills totaling more than $600 to our management company without board approval and has been paid. A review of the past years minutes indicate no such vote was taken. We feel the president has his own monetary agenda and does not care about our community. I understand we can file a petition with 67% of the unit owners signing to have him removed, but we just want our money. What can we do?

Williamsburg Virginia HOA Lawyers

Board of Directors

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HOA Litigation: Is it avoidable?

May 26, 2023 on 4:53 am | In Common Interest Community, HOA, HOA litigation, John Tarley, Mediation, Unit Owners Association | Comments Off on HOA Litigation: Is it avoidable?

We have written previously on the costs—both in time and money—for homeowners and condominium associations to litigate cases. On one hand, boards of directors have a fiduciary duty to uphold the governing documents of associations, but on the other, the board must investigate alternatives to the divisive nature of litigation.

As it turns out, sometimes there is no alternative because a homeowner can sue an HOA, forcing the association to defend. But what efforts can or should a homeowners or condo association take to avoid the consequences of litigation?

A series of recent Virginia cases highlights the consequences associations can face in litigation cases. This blog posts provides a brief summary of those cases and some cautionary advice.

Williamsburg Virginia Business and HOA Lawyers

Board of Directors Meeting

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Virginia HOAs and Olde Belhaven – Guest Post on Construction Law Musings

May 26, 2023 on 4:53 am | In Common Interest Community, HOA, HOA litigation, Real Estate Litigation, Unit Owners Association | Comments Off on Virginia HOAs and Olde Belhaven – Guest Post on Construction Law Musings

Once again, my friend and colleague, Richmond Construction Law attorney Chris Hill, permitted me the opportunity to blog at his award-winning blog Construction Law Musings. You can get a lot of great information on construction law, including the intricacies of mechanic’s liens, from Chris and his blog. You can also follow him on Twitter, @ConstructionLaw.

For Chris’ blog, we wrote a post exploring the Olde Belhaven case that made it into the national media. Our take is that we must remember that HOA Governing Documents are drafted by counsel for the developers, and when the developers leave, the enforcement of those restrictions is left to the volunteer Boards of Directors of your neighborhood.

Here’s a brief excerpt of the post:

A recent case highlights what happens when an Association’s Board of Directors, trying to uphold its fiduciary duty by enforcing and upholding its governing documents goes head to head with homeowners, both believing that they are in the right. . . .

Our experience is that the volunteer Boards of Directors, when faced with tough choices, try to make decisions consistent with their fiduciary duties, in an attempt to protect the rights of all the owners in the neighborhood. That doesn’t mean they always make the right decisions, but these ordinary people are not ogres, either.

Read the complete blog at Construction Law Musings, as well as many other informative posts on Chris’ outstanding blog. Thanks, Chris!

Williamsburg Virginia HOA Lawyers

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Benefits of HOAs Part 2: How is Covenant Enforcement Good for Owners?

May 26, 2023 on 4:52 am | In Common Interest Community, HOA, HOA litigation, John Tarley, Real Estate Litigation, Susan B. Tarley, Unit Owners Association | Comments Off on Benefits of HOAs Part 2: How is Covenant Enforcement Good for Owners?

The enforcement of covenants, conditions, and restrictions (“CC&R’s”) is among the most criticized of the duties performed by the Board of Directors of community associations, but is also the most important responsibility. CC&R’s govern many activities in a community including house designs, parking regulations, maintenance and repair of the common areas, and collection of assessments. Sensational “Gotcha” type news stories highlight enforcement practices of some associations, which contribute to a false perception that associations in general lack common sense. However, studies repeatedly show that the overwhelming majority of people  living in neighborhoods governed by HOAs believe that the rules in their communities benefit them.

Continue reading “Benefits of HOAs Part 2: How is Covenant Enforcement Good for Owners?”

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What happens when your business partner wants to leave? Do’s and Don’ts

May 26, 2023 on 4:52 am | In Business Planning, General Interest, John Tarley, Merger & Acquisition, State & Federal Litigation | Comments Off on What happens when your business partner wants to leave? Do’s and Don’ts

It’s a simple fact of business life that you and your company’s fellow shareholders or members will not always see eye-to-eye. Furthermore, our personal lives change and that effects the level of willingness in which some participate in a business venture.

As in any relationship, businesses also reach that awkward stage in which a shareholder or member wants to leave his current business venture and start something new. We have discussed starting your business and provided guidelines for setting forth the rules for governing your business. This article addresses some of the difficulties that arise during the “break-up period.” For the purposes of this article, we will use the terms “shareholder” and “member” interchangeably, as well as the terms “director” and “managing member.”

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2-Minute Drill Weekly Tweets for 2011-07-15

July 15, 2011 on 8:55 pm | In Weekly Tweets | Comments Off on 2-Minute Drill Weekly Tweets for 2011-07-15
  • Blog Post: When is it unlawful for an employer to terminate an employee? #
  • Virginia Homestead Act has changed, but still needs work. Contact your state legislator. RT @mpgoldstein: http://ow.ly/1uDoqL #VaLaw #
  • Blog Post: Reserve Study…it’s the law! (Part 1 of a 3 part series on Reserves) #
  • Va lawyers need to educate ourselves on judicial realignment proposals. Can’t complain if we don’t get involved. http://ow.ly/1uDodi #VaLaw #
  • #FF to @constructionlaw IMHO the model of professional use of all forms of social media for VA lawyers and the source of lots of good info. #
  • Anniversary of this first Tarley Robinson tweet: Blog Post: Arbitration instead of Court? Be careful what you ask for http://fb.me/CBmUH7Y1 #
  • Cool news from @_RobDean – Welcome, Rocket Matter! http://ow.ly/1uDodA#
  • RT @peterfrost: “@washingtonpost: Who raised the debt ceiling? http://t.co/71yGh81 #Carter #Reagan #Bush #Clinton #WBush #Obama”#
  • From the Amber Property Mgmt Blog: Can Homeowners’ Associations prohibit owners from flying the American Flag? #HOALaw #
  • “Survey Ranks Law Schools Based on Grads Who Live Large. Texas Tops” http://t.co/h9YgUis RT @_RobDean: UVa 4 W&L 15 WM 27 via @ABAJournal #
  • Chesapeake, Va judge dismisses portion of fly ash case #VaLaw#
  • New Town After Hours – Need Tickets?: As one of the sponsors for this summer’s concert series, New Town After Ho… #
  • Thanks for the RT @andrewmcroberts: New legislation affecting #Va Condominium Associations and Homeowner Associations http://ow.ly/1uzsmu #
  • Blog Post rerun for Va HOAs. New legislation affecting Virginia Condominium Associations and Homeowner Associations http://ow.ly/1uzsmu #
  • Condo associations and HOAs can fine residents for breaking the law if governing documents allow it http://t.co/ZZbxNQ8 RT @AmberPrprtyMgmt #
  • Yes. RT @HOA_Lawyer: Thinking of starting a HOA lawyers circle on Google+ limited to attorneys who practice HOA law. Interested? #google #
  • Google+ to Businesses: Don’t Create A Company Page Just Yet http://ow.ly/1dMj11RT @tomfosterweb #
  • Audit finds Albemarle County Cir Ct clerk does not perform the required financial duties associated with her office #
  • Thanks for the RT @cvodzak Opening Thoughts on Google+ http://goo.gl/fb/6SYhv RT @jarredt #
  • Thanks for the RT @vahoalaw New blog post: When is it unlawful for an employer to terminate an employee? #
  • Incorporation May Not Be a Shield if You’re not Careful. If you incorporate, act like a corporation. http://ow.ly/1uxmtI RT @constructionlaw #
  • The war of the social networks – Quick read about FB, Twitter and Google+ http://t.co/dT0uBff RT @vahoalaw #
  • So much conflicting data on home sales. RT @mrwilliamsburg: Home Purchase Contracts Surge in June 2011 http://tinyurl.com/64fywfx #HeadSpins #
  • Thanks for the RT @kramerlawfirm: Blog post: Two words owners and builders dread. #
  • When is it unlawful for an employer to terminate an employee?:   The short answer is, rarely. Virginia is an at-.. #
  • Opening Thoughts on Google+ http://goo.gl/fb/6SYhv RT @jarredt I agree that Circles is a cool concept. Separates your followers easily. #
  • Verizon’s white pages directory gone. Yellow pages next? #
  • Help a hard-working local musician from Virginia follow his dream. @shane_cooley http://t.co/ORV6nTZ#
  • Blog post: Two words owners and builders dread. RT @constructionlaw http://ow.ly/2bs11C #
  • Blog Post: What does it mean to be on the Board of Directors of your HOA? Part 2 of 2. https://blog.tarleyrobinson.com/?p=360 #
  • It’s 7-11 today. That means Free Slurpee Day at 7-11. Admit it. You want one. http://mobile.7-eleven.com/promotions/ #
  • LandAmerica officers and directors sued for breach of fiduciary duty in Richmond bankruptcy court #
  • Court realignment committee unveils plans. Big changes for 9th judicial circuit (Wiiliamsburg/York). http://ow.ly/1uuUxc #
  • Colonial Williamsburg v. Halsey Minor case regarding Carters Grove transferred from CA bankruptcy court to Newport News#
  • Williamsburg attorneys Rizk and Green with cogent analysis of Casey Anthony verdict. #

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2-Minute Drill Weekly Tweets for 2011-05-06

May 6, 2011 on 8:55 pm | In Weekly Tweets | Comments Off on 2-Minute Drill Weekly Tweets for 2011-05-06
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2-Minute Drill Weekly Tweets for 2012-04-06

April 6, 2012 on 7:55 pm | In Weekly Tweets | Comments Off on 2-Minute Drill Weekly Tweets for 2012-04-06

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