Virginia Condominium & Homeowners Association Lawyer

Most HOA declarations contain covenants which require upkeep of the exterior to a high standard by each owner.  Not all owners follow the requirements.  Some ignore this requirement, or hire third rate contractors who do a poor job and take months to finish what they start.  The board if directors needs to find a way to get better quality work done by the homeowners and get it done quickly after starting.

BOARD MEMBER AND MANAGERS CHECKLIST

2010 CHANGES TO VIRGINIA LAWS

AFFECTING COMMUNITY ASSOCIATIONS

Earlier this year there were new laws passed by the Virginia General Assembly to amend the laws that govern community associations. The Community Association Law Team at Inman & Strickler, PLC provides the following checklist of actions your community association should consider in order to utilize or comply with changes to Virginia laws that became effective July 1, 2010.

Q.        Our condo is a moderately priced community which was built in the 80's and is now beginning to look dated.  The new condos of the same approximate unit size and same general location have a better curb appeal.  We are afraid that as interest rates creep up our owners will have more and more difficulty competing with other units.  Our board of directors wants to take action, but we don't know where to begin in deciding what to do first to make improvements.  Our ideas might not be shared by other owners who may question our plan.  How can we address this critical issue and not make a big mistake that will cost us and our fellow homeowner’s lots of unnecessary money?

Many of us have faced this issue and it is good to see a strong decision on this topic.

No Pet Policy Does Not Violate State or Federal Fair Housing Acts

Hawn v. Shoreline Towers Phase I Condominium Association, Inc., No. 09-11797, U.S. App. Ct., 11^th Cir., Sept. 22, 2009

Covenants Enforcement/Use Restrictions/Federal Law and Legislation: An association board was within its rights to deny a homeowner's request to have a dog, when the homeowner did not provide sufficient documentation of a disability and the association had a no pet policy.

In 2004, Davis Hawn purchased a condominium unit in Shoreline Towers Phase I, located in Pensacola, Fla. When he purchased the unit, there was a sign on the property that read "No Animals Allowed." Hawn was aware of the sign and the community's no pet policy.

QUESTION:

I belong to an incorporated HOA here in VA, and the VP of the Board of Directors made a petty issue about where I park within the community (there are no assigned spaces).  He then followed me to my house and pointed out 2 very tall trees (damaged in multiple storms & shedding limbs) which are near my house but on common property.  He then said he intended to withhold having either of these trees examined when the time comes to call in the tree care company to assess which trees are in danger and have unhealthy trees/limbs tended to throughout the community.  

Would this be a violation of any housing laws or association laws - for him to state his unilateral decision to withhold services for some areas of the community, but not others, based on his personal feelings?  Could the HOA have additional liability issues if one of these trees damages property or injures someone because of the willful (in)action of an individual board member?  I personally feel that this board member needs to be removed immediately, but I don't know how to make the gravity of the situation abundantly clear to the other board members.  Or am I just totally shooting in the dark here?

The Community Association Law Team will be participating in the SEVA CAI Chapter's Annual Legislative and Legal Update which will be held in Newport News on June 11, 2010.  This is an all day event packed with excellent legal material of a timely nature. Learn about new laws passed by the Legislature, court cases decided regarding community associations, and the latest trends in various areas of association operations.

We have received a few inquiries regarding the authority of an Association (typically exercised by the Board) to assign parking spaces located in the common areas for the exclusive use of particular unit or lot owners.  This issue arises occasionally in Southeastern Virginia, where parking is relatively plentiful, but it tends more frequently to be a contentious issue in other areas, such as the Washington DC suburbs of Northern Virginia.

Acts of Malice

Q: My homeowners association passed a resolution that allows the board to suspend a member's voting rights and attendance at board meetings indefinitely due to acts of malice, such as verbal assault or menacing gestures, toward board members. Whether something is an act of malice is determined by the board members themselves. Can a homeowners association take away a member's voting rights indefinitely and restrict attendance at the meetings?—Alexandria, Va.

A: The first issue is the suspension of voting rights and the second is the prohibition from attending board meetings. I question the legal propriety of a board resolution that suspends a member's voting rights. What do the governing documents say about the suspension of voting rights? Who has the power to suspend voting rights?

Your Virginia Legislative Action Committee,  (LAC) is hard at work monitoring and taking appropriate action on approximately 30 bills that have been introduced in the legislature this month.  Mike Inman serves on the LAC, as he has for over 15 years, and wishes to direct you to the LAC website for detailed information on what is happening in Richmond.  The web site includes a tracking chart for all the bills.  Please see www.cai-valac.org.  for legislative alerts and the tracking chart, as well as other information.

We have recently learned of a relatively new Federal law which gives some protection to tenants who reside in homes owned by folks who don't pay the mortgage resulting in foreclosure UNTIL December 31, 2012. Below is a summary published on the Federal Deposit Insurance Corporation (FDIC) website: