Virginia Condominium & Homeowners Association Lawyer

The Norfolk & Portsmouth Bar Association

Tuesday, October 1, 2013

presents

FENCES, TREES & DOGS: NEIGHBORHOOD LAW

We are all familiar with the Condominium Act and the Property Owners Association Act but how often do we think about the Nonstock Corporation Act? Most of our Associations were formed as nonstock corporations so when we are looking at whether there is compliance with the law, we need to be aware of this Chapter of the Virginia Code.

Q.  I am getting ready to retire and I am considering buying a condominium unit and have looked at several older complexes and some that are brand new. Are there any tips you can give me on what to look at before I make a decision?

Jeanne S. Lauer, a principal of the law firm of INMAN & STRICKLER, PLC, has been named the 2012 Distinguished Service Award recipient by the Southeastern Virginia Chapter of the Community Associations Institute. (SEVA CAI) The Award is given to a member for a long term achievement of outstanding service to the Chapter.  SEVA CAI is a non-profit organization committed to inspiring professionalism, effective leadership and responsible citizenship in community associations through education.   Ms. Lauer served on the Board of Directors for SEVA CAI from 2006-2012.

It’s a good day to talk to you about due process procedures which are needed when you wish to formally take action on a covenant violation without filing a law suit or possibly suspend services or use of facilities for an owner who is more than 60 days delinquent in the payment of assessments.  

The authority for suspension and levying charges must be included in your governing documents in order to be available to you. That is required by the pertinent statute.  If you do not have those provisions you need to amend your documents to acquire them.  Most of your documents will contain the pertinent language.  If so you still need a formal procedure to follow which details when and in what form an owner will be put on notice, time frames for processing the matter, establishing what body will conduct the hearing (the board or a committee), rules pertaining to evidence and testimony, and other rules to be followed so as to establish some uniformity to the process that every member can rely upon.  Every association’s procedure is not the same and the procedure can be tailored to the needs of each community.  Some associations want those proceedings to be held in a closed session - others do not handle it in that manner. Even if you have a procedure you should review it periodically to insure you are following it and, if not, you should amend or rewrite it.  We are pleased to help you with due process procedures so that your enforcement actions are handled smoothly, fairly and effectively.

On Saturday March 9, 2013 at 2:00 p.m., Jeanne Lauer will be speaking at the annual Community Association Day meeting on How to Stay Off the No-Fly List, Harassment and Discrimination: Defining and Preventing Unacceptable Behavior.

You can learn about this and other association topics at an all-day event sponsored by the Community Associations Institute which will be held on Saturday March 9, 2013 at the Virginia Beach Convention Center. This one day gathering covers a variety of topics and a chance to meet with both vendors and other homeowners in community associations. More information can be obtained by calling the local chapter at 757-558-8128 or checking the website at www.sevacai.org.

Q:  Our townhouse development has recorded covenants which require upkeep of the exterior to a high standard by each owner.  Not all owners follow the requirements. Some hire third rate contractors who do a poor job or take months to finish what they start.  We need to find a way to get better quality work done by our homeowners and get it done quickly after starting. Our board is thinking about starting a list of acceptable contractors who we have seen perform well and requiring the owners to use them.  Any suggestions?

On Saturday March 9 at 2:00 p.m., Mike Inman will be speaking at the annual Community Association Day meeting on Recovering from the Tsunami, Delinquencies, Foreclosures and Short Sales: Keeping your Association Afloat.

You can learn about this and other association topics at an all-day event sponsored by the Community Associations Institute which will be held on Saturday March 9, 2013 at the Virginia Beach Convention Center. This one day gathering covers a variety of topics and a chance to meet with both vendors and other homeowners in community associations. More information can be obtained by calling the local chapter at 757-558-8128 or checking the website at www.sevacai.org.

Mike Inman to present a seminar on condo unit financing on January 29, 2013 at 12:00 at 1300 Diamond Springs Road, Suite 400, Virginia Beach, Virginia and on February 5, 2013 at 12:00 at Coventry HOA Clubhouse, 100 Wrought Iron Bend, Yorktown, Virginia.

Agenda will include: Criteria used by Fannie Mae, FHA and VA; Obtaining FHA and VA Project Approval; role of managers and Association officers in “shaping up” the Association if deficient; expiration of approvals.

Recently in a Fairfax County case involving the Shadowood Condominium Association the Court examined whether or not the board could assess charges against an owner for failing to submit a unit owner status report required by the Association and for violations of rules by the unit owner’s tenants.  It appears that this association’s documents had not adopted the provisions provided in the Virginia Condominium Act authorizing the assessment of charges for rules violations. In fact the Master Deed provides that “no common expense or other sums shall be assessed….other than for the maintenance, repair, replacement or improvement of the general common elements….”