Spring Projects Create Work For This Architectural Standards Committee. Are You Ready?

Q.       It is springtime and a few creative and industrious neighbors are out erecting fences and sheds as others have done in the past without requesting the permission of the Association. We are a 24 home association that recently elected a homeowner board. The developer finished the last home in late fall. We are self-managing and are not sure what to do about enforcing our covenants. We have a provision that requires that any structures or exterior modifications have to be approved by the Board of Directors but the homeowners aren't asking permission.

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HOUSE BILL 2100 - WHAT DOES IT MEAN FOR YOUR ASSOCIATION'S FEES, CHARGES AND RENTAL RESTRICTIONS?

There is a short summary statement about this bill being circulated that is very misleading. House Bill 2100 awaits the Governor’s signature; once signed it will go into effect on July 1, 2015.  This 11 page bill contains amendments which affect the Condominium Act and the Property Owners Association Act.  The Condo Act amendments are covered first.  This bill contains a new code section for both Acts which covers charges (fees) by associations – in essence, nearly all fees and charges must be provided for in the governing documents (declaration or bylaws)  or permitted by another statute. 

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GO SLOW: CHILDREN AT PLAY

 

March 2015 - The U.S. Department of Justice announced settlement of a Fair Housing violation case against a Community Association and its Management.  In addition to requiring a revamped set of Rules, the offenders must pay a $10,000 penalty to the United States and pay $100,000 to six families that suffered as a result of the discrimination.

The Complaint filed in 2013 alleged that the enactment and enforcement of a facially neutral Common Areas Rule was discriminatory. The rule provided that:

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CA TEAM WILL BE AT COMMUNITY ASSOCIATIONS DAY ON MARCH 28; INMAN TO DISCUSS FAIR HOUSING ACT ISSUES INCLUDING REASONABLE ACCOMODATIONS

CAI’s Southeastern Virginia Chapter will be presenting its annual Community Associations Day (CA Day) at the Virginia Beach Convention Center on March 28.  This is a full day of informational sessions and trade show featuring over 50 vendors of services to communities.  It is a great opportunity for learning and interaction with others concerned about the quality of life in community associations.   You may find out the details by looking at the following web site:  www.sevacai.org.  At this event Mike Inman will host a “chat room” on the topic of “reasonable accommodations” required by  the Fair Housing Act.  This federal and state law has been found to be a trouble area for community associations across the country due to lack of understanding of the law and regulations that apply regarding handicapped persons and residents with a disability.  Please join Mike for a better understanding of this topic and how to avoid the pitfalls.

Posted In Educational Opportunities , News You Can Use
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Homeowners Bill of Rights creates NO new obligations for Associations

Senate Bill 1008 awaits the Governor’s signature to proclaim a “bill of rights” for homeowners in condominiums and property owners associations.   The irony is that under “bill of rights” title on this new statute, there is nothing which changes or adds to the current statutory scheme for voting, accessing records, recording meetings or extending due process.  Instead, the proposed law seeks to gather those provisions as they are spread out throughout the Condominium Act and the Property Owners Association Act into a single place to promote greater awareness among homeowners.  For those who have read about this new law in some summary article with few specifics -- you may all exhale now.

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Announcing our new addition - Lindsey A. Flaherty, Esq.

We are pleased to announce that Lindsey Flaherty has joined the firm. Ms. Flaherty has been practicing in Hampton Roads for the last six years, initially serving as a law clerk for the circuit court judges in Norfolk. Subsequently she has been representing clients in all courts throughout Hampton Roads. She will be practicing in the areas of general civil and criminal litigation, family law and workers compensation.  Ms. Flaherty is a member of the Norfolk-Portsmouth Bar Association, the Colonial Place Riverview Civic League and the Downtown Circle of the Children’s Hospital of the Kings Daughters.

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Emotional Support Animals and The Fair Housing Act - a word to the wise

In the past two months we have been consulted on two situations involving emotional support animals.  Be it known that this is a topic addressed by the Fair Housing Act.  In order to qualify the resident must satisfy certain requirements. They are as follows:

Documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.

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Jeanne Lauer to speak at CAI Leadership Workshop

 

Jeanne Lauer will speak at the CAI Essentials of Community Association Volunteer Leadership Workshop on October 25, 2014 from 9:00 a.m. until 4:00 p.m. at the SEVA-CAI meeting hall located at 1300 Diamond Springs Road, Suite 400, Virginia Beach, Virginia 23455. The workshop is intended primarily for community leaders and homeowners and will cover the following topics and does qualify for certain continuing education credits:

                                        Legal

                                        Board Governance

                                        Maintenance

                                        Rules Enforcement

                                        Insurance

                                        Accounting/Finance

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Jeanne Lauer to speak at CAI Leadership Workshop

Jeanne Lauer will speak at the CAI Essentials of Community Association Volunteer Leadership Workshop on October 25, 2014 from 9:00 a.m. until 4:00 p.m. at the SEVA-CAI meeting hall located at 1300 Diamond Springs Road, Suite 400, Virginia Beach, Virginia 23455. The workshop is intended primarily for community leaders and homeowners and will cover the following topics and does qualify for certain continuing education credits:

                                        Legal

                                        Board Governance

                                        Maintenance

                                        Rules Enforcement

                                        Insurance

                                        Accounting/Finance

Please contact SEVA-CAI for more information at 757-558-8128

Posted In Educational Opportunities
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Announcement of CIC Recertification Training

     

Training Date: October 29, 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:

Check-in:                                        9:00 - 9:30 a.m.

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.

The Community Associations Law Team

                       

                                              

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