This edition of our newsletter focuses on two topics: (1) new legislation concerning appointment of homeowner representatives for association purposes and (2) proper utilization of executive sessions by boards of directors. We decided the best way to approach the executive session topic is to provide a script for proper navigation of this important tool for
Jeanne S. Lauer is a partner at Inman & Strickler focusing her practice in the areas of Civil Litigation, Community Association Law and Commercial Litigation.
We are being deluged with questions about pools. But in the many emails and conversations, we are developing and hearing some good ideas that can be shared. Although we have tried to discourage the use of Association pool furniture and have encouraged “Bring Your Own” policies, some clients have gone to single use covers on …
EFFECTIVE JULY 1, 2020
This summary is not a complete list of requirements for all types of businesses and activities covered by the COVID-19 reopening Phase Three Guidelines issued by the Commonwealth of Virginia. It includes only those Guidelines that are most likely to affect community associations in order to assist associations in making decisions that can affect all of the owners and residents in the community.
The Governor of Virginia is stressing that this Phase Three opening does not mean that Virginia is out of the woods yet and is asking citizens to be responsible and follow these mandatory Guidelines in order to keep Virginia on a positive track and avoid what many States are currently experiencing with record highs in daily positive virus cases.
A complete copy of the Phase Three Guidelines can be found at: https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/Forward-Virginia-Phase-Three-Guidelines.pdf.Continue Reading SUMMARY OF VIRGINIA’S PHASE THREE GUIDELINES AFFECTING COMMUNITY ASSOCIATIONS
As a result of superb effort of CAI’s Virginia Legislative Action Committee and its lobbyist Virginia common interest community associations will benefit from amendments to laws proposed by Governor Ralph S. Northam. These changes, adopted by the General Assembly on April 22, 2020, override requirements in the Virginia Property Owners’ Association Act and Virginia Condominium Act which require at least two board members be physically present in the same location in order to convene a meeting properly.
Continue Reading NEW RULES FOR BOARD MEETINGS DURING COVID-19 DECLARED STATE OF EMERGENCY
MARCH 30, 2020 UPDATE- Please see Virginia Governor Northam’s Executive Order on COVID 19 Restrictions:
COVID 19 is raising new questions and concerns for all of our clients, especially community associations. While our office is currently open, we are prepared and equipped to function on a remote basis, so we will continue to be available to answer your questions and respond to your legal needs while fully respecting all important public health protocols.
Continue Reading How to “Stay Legal” with COVID 19
With the increasing popularity of security cameras and hi-tech doorbells and other systems, Virginia residents should be aware of a couple of criminal statutes that are implicated by the use of these technologies.
Virginia has a wiretapping statute which prohibits a person from capturing simultaneous audio and video recordings of someone without that person’s consent. The single best way to avoid violation of these statutes is to ensure that any video equipment you install does not have the capability of capturing any audio. Yes, you could just employ a policy that you never activate or use the audio component but at some point, someone will succumb to the temptation to listen “just once.” VA Code §19.2-62. https://law.lis.virginia.gov/vacode/title19.2/chapter6/section19.2-62/
Continue Reading SECURITY CAMERAS AND DOORBELLS IN VIRGINIA
For the last several years I have been honored to serve as one of SEVA-CAI’s Delegates to the Virginia Legislative Action Committee (VALAC). The VALAC does important work in educating legislators about the needs of community associations and in helping to craft or block legislation which affects those community associations. The process begins each year in the Fall and the most significant work ends in the Spring, with new laws slated for implementation on July 1 of each year. This year the VALAC started by evaluating hundreds of bills to see what would impact our constituency and then narrowed our focus to 134 bills, the majority of which we viewed as an unreasonable interference with the rights of community associations and which were subsequently withdrawn or defeated. Significant among the defeated bills were those which would have (1) removed licensing requirements for community association managers (which have been in place for only a few years), (2) permitted the imposition of criminal penalties for violations of the Condominium Act by community associations (among others) and (3) established the right of political candidates to engage in campaign activities on condominium property.
A summary of the new laws which will be taking effect is provided below.
Last month we posted a summary of other new laws in Virginia to be effective on July 1, 2019.Continue Reading 2019 VIRGINIA GENERAL ASSEMBLY REPORT – (PART 2 OF 2)
There seems to be some confusion about this new addition to the resale provisions in the Condominium Act and the Property Owners Association Act. As of July 1, 2017 there is a new Virginia law, passage of which was promoted by the Virginia Association of Realtors, which will impact unit owners and lot owners in nearly all community associations as to “For Sale” signs. (No other types of signs, like “For Rent” signs, are covered by these new laws.).Continue Reading NEW VIRGINIA LAW REGARDING REAL ESTATE FOR SALE SIGNS
By: Jeanne S. Lauer, Esq.
The Virginia General Assembly and the Governor have agreed on several changes to the Condominium Act and the Property Owners Association Act (POAA). As a member of the CAI Virginia Legislative Action Committee I want to let you know about these changes of which you should be aware: