Is your condominium approved for FHA financing?

Many local condominiums are not approved or are about to expire.  We provide advice and application preparation with respect to FHA project approvals.  Condominiums must get certified/approved every two years.  There is no fee charged by the FHA.  The boards of every condominium in which FHA loans are a likely source of financing owe it to their owners to seek this approval as it is a significant benefit to all owners in terms of value and sales of units…..just ask a real estate agent.

Posted In Board Member Responsibilities
Comments / Questions (0) | Permalink

Executive Session - Getting it right

We have found that there is frequently confusion about how to go into and come out of an executive session (aka closed session) of the board of directors.  The governing statutes are Section 55-79.75 (C) of the Virginia Condominium Act and Section 55-510.1 (C) of the Virginia Property Owners Association Act. A motion must be made, seconded, voted on and passed proposing to go into executive session for one of the purposes set forth in the statute which are as follows:      

Continue Reading Posted In Association Meetings and Proxies , Board Member Responsibilities
Comments / Questions (0) | Permalink

Members of the Community Associations Law Team will be speaking at CAI's Annual Legislative and Legal update in May and June

This year’s Update will be held on the following dates:  May 2, May 9, and June 3.   The June program is on a Saturday intended for homeowners. Heather Gillespie, the Ombudsman for Community Associations for the State, will be speaking at that session. The half-day programs will include the following topics: Legislative and Case Law Update; The latest in Enforcement Issues and Rule-Making Authority; Board Confidentiality in a World of Transparency; Voting-Evolving Trends in Membership Elections and Authority for Corporate Actions. 

Continue Reading Posted In Educational Opportunities
Comments / Questions (0) | Permalink

Document/Financial Requests

Q:      We are a self managed association and members often ask for copies of records such as financial data and minutes of meetings. Often they ask for minutes before they are approved. One request is for our contract with the landscaper. We don’t feel that all these requests are appropriate. 

Continue Reading Posted In Financial and Records Management
Comments / Questions (0) | Permalink

Executive Sessions - a frequently misused procedure

In the course of dealing with a myriad of issues that arise in association governance one of the most misunderstood and misapplied statutes is the one that provides for executive sessions which are sessions of the board of directors closed to other members. The rules of the road for executive session are spelled out in the statutes in both the Condominium Act and the Property Owner's Association Act. We believe that a couple of reasons the procedure is not utilized correctly is that it is technical, not easily located and adherence to the requirements is sometimes inconvenient. So at the outset of this article we want to quote the statutory provision that applies. It is as follows:

Continue Reading Posted In Association Meetings and Proxies
Comments / Questions (0) | Permalink

What to do when your board is deadlocked

Recently we received the following question the answer to which could be helpful to many of you.

Q.       Our condominium has a serious need for some renovation work on windows, doors and some balconies. It is going to cost around $3,000 a unit as best we can tell right now. One contractor we consulted said it was not urgent and that we could do it over a period of time. Another contractor indicated that he thought the deterioration would accelerate and we needed to do all the work right away. The Board is divided on which way to go, and right now we only have four Board members, and it is a 50/50 split. Our next election is September and we cannot agree on a new Board member either. We have been at this standoff for four months now, and we need to move ahead with some plans, but we do not seem to be able to do so. Do you have any suggestions?

Continue Reading Posted In Association Meetings and Proxies , Board Member Responsibilities , Construction Defects , Renovation Projects
Comments / Questions (0) | Permalink

Inman appointed by City Council to Virginia Beach Planning Commission

Michael A. Inman has been appointed by City Council to the Virginia Beach Planning Commission for a four year term beginning in January 2014. The Planning Commission meets monthly to review and vote upon applications from property owners for rezoning and conditional use permits. Mr. Inman has practiced in Hampton Roads since 1973 and has been active in numerous community organizations. His practice has a historical heavy emphasis on a broad range of real estate matters including acting as counsel to developers of condominiums and homeowner associations and the formation of a practice group that represents over 200 community associations in the region and beyond.

The law firm’s attorneys provide a broad array of legal services from domestic relations to workers compensation to business matters and can be viewed on the firm’s website: www.inmanandstrickler.com.

Posted In News You Can Use
Comments / Questions (0) | Permalink

Announcement of CIC Recertification Training

     

Training Date: February 13, 2014

 

1300 Diamond Springs Road, Suite 400

Virginia Beach, VA 23455

This is to announce the first offering of CIC Recertification Training in Hampton Roads. The Community Associations Law Team is approved by the Common Interest Community Board to provide Fair Housing training and Law and Regulation training as required for recertification. We also welcome any person desiring to learn about the subject matter being offered however priority will be given to licensees if space becomes an issue. We are pleased to offer this training at no cost to the attendees.

The training schedule is as follows:

Course 1 - Fair Housing:               9:30  -  11:30 a.m.

Lunch:                                            11:30 - 12:15 p.m.

Course 2 - Laws and Regulations 12:15 -   2:15 p.m.

 The location of the training is the training room of the Southeastern Virginia Chapter of the Community Associations Institute located at 1300 Diamond Springs Road #400, Virginia Beach, VA 23455. A light lunch and beverages will be provided.

If you are interested in registering for one or both of these sessions, please contact Terri Richardson via email at terrir@inmanstrickler.com. Should you wish to speak with Terri you may call her at 757-486-7055. See attached registration form.

Wishing you a happy and healthy Holiday Season!

The Community Associations Law Team

                       

                                              

Continue Reading Posted In News You Can Use
Comments / Questions (0) | Permalink

Virginia has a Santa "clause" ....and he brings dollars

Did you know that Virginia has a law which requires all licensed contractors to contribute towards a fund that helps victims of fraud and dishonest conduct? While many states have similar consumer laws, Virginia also includes Property Owners Associations as potential victims. (We don’t know why condominium associations are not included but it is on our “to do” list.) The Contractor Recovery Fund (aka Santa) reimburses qualified applicants up to $20,000.00 in cases where the contractor has engaged in “wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code…” Virginia Code § 54.1-1118. So if a contractor collected a deposit and never came back to do the work and you can’t find him, there might be a chance to get that money back. The process is a bit technical but worth the effort if you have a substantial amount involved.

Continue Reading Posted In News You Can Use
Comments / Questions (0) | Permalink

Breaking News: Recertification training available from our CA Team

On December 3, 2013 the Virginia Common Interest Community Board approved the Community Associations Law Team of Inman & Strickler to provide both the Fair Housing training and the Laws and Regulations training required by the CIC Regulations for manager recertification.   Both sessions are required to be two hours in length. We are the sole provider of this training located in Hampton Roads.  The first offering of the course will be early in 2014.  You can obtain more information about the courses by emailing or calling Terri Richardson at terrir@inmanstrickler.com.

Posted In News You Can Use
Comments / Questions (0) | Permalink