ASSOCIATION REPRESENTATION
QUESTION:
In VA must a condominium association be represented by counsel in VA General District Court or may a board member (non-attorney) represent the association at trial?
ANSWER:
There is a specific statute regarding the ability of a non-lawyer to represent anyone other than themselves in General District Court. The statute provides:
§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys. —
A. Any corporation, partnership, limited liability company, limited partnership, professional corporation, professional limited liability company, registered limited liability partnership, registered limited liability limited partnership or business trust, [...] may prepare, execute, file, and have served [...] in a general district court a warrant in debt, motion for judgment, warrant in detinue, distress warrant, summons for unlawful detainer, counterclaim, crossclaim, suggestion for summons in garnishment, garnishment summons, writ of possession, writ of fieri facias, interpleader and civil appeal notice without the intervention of an attorney[...]
B. Nothing in this section shall allow a nonlawyer to file a bill of particulars or grounds of defense or to argue motions, issue a subpoena, rule to show cause, or capias; file or interrogate at debtor interrogatories; or to file, issue or argue any other paper, pleading or proceeding not set forth in subsection A.
Basically, this statute allows an Association, whether incorporated or not, to file their own warrant in debt or other paper specifically listed in subsection A. However, if further pleadings have to be filed, such as a bill of particulars or grounds of defense, then legal counsel is required. Filing a response in violation of this provision of the Code can result in default judgment being entered against the Association if it is the Defendant or having their matter dismissed if it is the Plaintiff.
Further, there is no provision allowing for a non-attorney to appear on behalf of an Association to conduct a trial, which would include making an opening statement and arguments to the court and questioning witnesses.