This is to announce an offering of CIC Recertification Training in Hampton Roads.  Mike Inman, Jeanne Lauer and Greg Montero are approved by the Common Interest Community Board to provide Fair Housing training and Law and Regulation training as required for recertification of persons who hold licenses and are certified as supervisory and principal employees.

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Fiduciary Duty and Community Association Board Members

We frequently talk about  the fact that homeowner association board members have a "fiduciary duty" to the members. What exactly is it? Is it spelled out in the law? What sort of actions would violate that duty?

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A few months ago we informed you that both houses of Congress voted unanimously to pass the Housing Opportunity Through Modernization Act (HOTMA) which, in part, required FHA to lower the required percentage of owner occupied units in condominiums from 50% to 35% unless FHA could prove that a higher percentage of owner occupancy was justified. 

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Questions often arise about the duties of the secretary in taking and producing minutes of meetings and providing association records to members. The primary functions of the Secretary are to produce minutes of meetings and maintain the records of the association. The secretary must produce a draft of the minutes for approval, and then finalize them with any changes upon once they are approved at the next meeting. Records to be maintained include all of the minutes, any resolutions adopted by the Board of Directors, correspondence, contracts and notices of meetings.

We suggest that the following files be maintained:

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By: Lindsey Flaherty

What exactly is limited residential lodging?  It is, in essence, renting of rooms or entire homes or condo units for short term occupancy i.e. less than 30 days. Airbnb   provides a searchable online marketplace that enables homeowners to list for rent all or a portion of their homes and prospective customers can choose to rent from one night to several months.  While this type of rental may present a great economic opportunity for some homeowners it causes increased traffic and parking issues in associations and has resulted in excessive noise and damage to common areas.  Essentially the problem seems to be that homeowners who choose to participate in it are introducing a business in to residential neighborhoods. This business involves providing lodging to transient people who are primarily on vacation.

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Congress helps condominium unit buyers - changes to FHA loan requirements

Just before the summer recess, in an amazing moment of bipartisanship, both houses of Congress voted unanimously to change the required percentage of owner occupancy in condominiums from 50% to 35% (unless FHA can prove that a higher percentage is justified within 90 day of this legislation becoming law on July 29, 2016) and made several other helpful changes. They are as follows: 

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Significant win in Supreme Court of Virginia for local association with statewide benefit







On June 1, 2016, the Supreme Court ruled on a case decided by a Suffolk Circuit Court Judge regarding the taxation of open space in a homeowners association.   The Court unanimously  overturned the Circuit Court ruling finding that the judge misinterpreted the law by upholding the City’s taxation of the Association’s open space. This decision provides an interpretation of a statute that applies to all POAs which have open space designated on their subdivision plats, whether leased to a third party or used by the association members for recreation or otherwise.

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What happened in the 2016 General Assembly?

Rentals; resale disclosure; condemnation

These changes are effective on July 1, 2016:


     “Realtor Bill.” HB684 was legislation introduced by Delegate Peace having been requested by the Virginia Association of Realtors. CAI’s Virginia Legislative Action Committee (VALAC) worked very hard to get concessions on this prior to session beginning and sought significant amendments as it went through the process to ensure a fair and balanced approach vs. the original bill which went well beyond the ultimate changes to the statute.  According to the VALAC at the end of the day the bill has a lot of moving parts but does little harm in terms of new policies impacting our group – much of it is clarification of the existing statute or standard practice.  

     HB684, amending Sections 55-79.87:1 and 55-509.3:1 of the Code, provides that unless expressly provided in the Act or the recorded governing documents, an association may not:

   Condition or prohibit the rental of a unit to a tenant by a unit owner or make an assessment or impose a charge, except as provided in 55-79.42:1 of the Act;

   Charge a rental fee, application fee, or other processing fee of any kind in excess of $50 as a condition of approval of such a rental during the term of any lease;

   Charge an annual or monthly rental fee or any other fee not expressly authorized in Section 55-79.42:1 of the Act;

   Require the unit owner to use a lease or a lease addendum prepared by the Association;

   Charge any deposit from the unit owner or the tenant of the unit owner; or

   Have the authority to evict a tenant of any unit owner or to require any unit owner to execute a power of attorney authorizing the unit owners' association to so evict.

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The Virginia Attorney General can issue opinions concerning statutory interpretation if requested to do so by an array of government officials from the Governor to a member of the Senate or House of Delegates to a local sheriff. These opinions are not binding on a judge but are persuasive when considering the law affecting a given case. In this case a member of the General Assembly asked: Is it legal under the Virginia Property Owners' Association Act (the "Act") for an association ("POA") to deactivate a member's barcode decal if he or she is more than sixty days late paying an assessment. Deactivation of the barcode decal will restrict, but not completely deny, entry in to the neighborhood due to the existence of two access points, one manned and one not.

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