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

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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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How long does it take for a condominium to get FHA project approval?

We have found that managers and board members who have not had any experience with the process of obtaining FHA project approval have unrealistic expectations about the processing time.In this edition we let you know the “ins and outs” of the application for such approval. We handle both initial applications and recertifications and there is a significant difference.

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If you can't get a critical amendment passed there is relief in court

Due to some shepherding of this bill by CAI’s Virginia Legislative Action Committee, as of July 1 you can get help from the Circuit Court if you have made a good faith attempt (3 times) to get a critical amendment passed without success. The statute details exactly what must be done to achieve the amendment.  We hate to say it but you really need to read this statute as it lays out exactly how and when it works.  Here it is:

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Help your new owners and board with welcome packets

 

Just because new owners have received a disclosure packet  when they signed a purchase contract doesn't mean they read it. A welcome packet is a way to be sure your new owners are educated about their Association, especially amenities, benefits and rules. An owner who is educated is one who will most likely comply. If an owner does not understand a rule he has a chance to inquire before becoming a violator. Here are some suggestions for the content of a welcome packet:

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What does the term "member in good standing" mean in association documents?

We are often asked if an owner can be prevented from voting when the association declaration or bylaws state that an owner who is not in good standing may not vote or that their vote will not be counted.  Most board members and managers think this means that an owner who is delinquent in his payment of assessments cannot vote. Without further definition in the documents this is a correct interpretation.  Some people think that it also means that if an owner has been found in violation of the covenants or rules and has not cured the violation or paid a charge made after a due process hearing that the owner cannot vote.  Unless the documents specifically provide for such we believe that “not in good standing” is limited to delinquency in the payment of assessments. 

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News from the Virginia General Assembly and CAI's Virginia Legislative Action Committee

 

Below are a host of new laws that will become effective on July 1, 2014.  There are some significant new items and we urge you to read closely.  Mike Inman serves on the Virginia Legislative Action Committee and can answer any questions you might have about the bills. 

Late Fees- HB 566

 

HB 566 amends the Virginia Condominium Act (§55-79.83) and the Property Owners’ Association Act (§55-513.3) (the “POAA”) by clarifying that associations can charge a late fee as provided in the governing documents, and if not provided for in the governing documents, the association can charge a late fee not to exceed 5%.

 

Compliance with Declaration- HB 530

 

HB 530 amends the Virginia Condominium Act (§55-79.53A) by adding the following language:  This section shall not preclude an action against the unit owners’ association and authorizes the recovery, by the prevailing party in any such action, of reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in § 8.01-382 in such actions.


Merger; Judicial Reformation of Declaration- HB 690

 

HB 690 amends the Virginia Condominium Act (§55-79.71:2) by providing condominiums with the ability to merge two or more condominiums. It also amends both the Condominium Act (§55-79.73:2) and the POAA (§55-515.2:1) by permitting associations to petition the circuit court to make changes to a declaration. 

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Animals and the Fair Housing Act

 

There is often confusion about when animals must be accommodated when owned by a handicapped owner who applies for an exception to a pet rule.

The Fair Housing Act (FHA) prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.

The FHA makes it unlawful for a person to refuse "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

"Handicap" is defined as: "a physical or mental impairment which substantially limits one or more of such person's major life activities."

 

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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.

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