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
IN VIRGINIA MEMBERS SHOULD HAVE TWO WAYS TO COMPLAIN – (BUT WAIT UNTIL AFTER THE HOLIDAYS!)
We have observed that there are some association boards which are not aware of a distinction between state law requirements and necessary internal procedures for complaints. In this article we distinguish between the process to be followed for a complaint concerning a violation of state law or regulations vs. a complaint about the actions of
DEALING WITH ELECTRIC VEHICLE CHARGING IN YOUR ASSOCIATION
As the popularity of electric vehicles increases the time is here for associations to focus on charging stations and individual charging at the owner’s residence. Virginia statutes require associations to permit electric vehicle charging unless their documents prohibit it. Of course, most documents don’t deal with the topic at all although newer documents certainly will.
Can Board of Directors assign parking spaces in common areas?
Occasionally we have inquiries regarding the authority of an Association exercised by the Board of Directors to assign parking spaces located in the common areas for the exclusive use of particular unit or lot owners.
The Supreme Court of Virginia issued a very important opinion in 2006 that illustrates that the authority of a property
LOOKING AHEAD – TRANSITION FROM DEVELOPER CONTROL – SEVA CAI ANNUAL LEGISLATIVE & LEGAL UPDATE
On June 14, 2022 from 8 a.m. to 3 p.m. the local Community Associations Institute Chapter is putting on the Annual Legislative and Legal Update. It will be held at the Holiday Inn in Newport News just off of I-64 at J. Clyde Morris Blvd. Our firm’s CA Team members, Jeanne Lauer and Matt Weinberg
COMMUNITY ASSOCIATIONS DAY IS MARCH 12 – FINALLY WE MEET AGAIN! SECURITY IS A CONCERN FOR THE BOARD…..AND A RESPONSIBILITY
CA DAY is approaching. After being called off for the last two years it will be held on March 12 all day at the Virginia Beach Convention Center. You can read all about it on www.sevacai.org. An excellent day of information and interaction is planned. Mike Inman and Jeanne Lauer are presenters in two of
Fair Housing Update
Under the Fair Housing Act, there are requirements with respect to “accommodations” and “modifications.” “Accommodations” are requests to be exempt from certain rules or policies such as a request to have a service animal when there are pet rules that would exclude that particular type or breed of animal. “Modifications” are physical changes to the
6 STEPS FOR REVIEWING AND REVISING YOUR ASSOCIATION RULES & REGULATIONS
This is an important task that generally does not get accomplished as often as it should. There are three primary reasons for a review of your rules every couple of years: (i) laws and regulations change, (ii) “best practices” change and (iii) desires of the community change. When you do undertake this task consider the
ENFORCING COVENANTS – NEW VIRGINIA STATUTES AFFECT COURT ACTIONS
Two new changes in the law have an impact on community associations court actions.
The first is an increase in the jurisdictional limit of the general district court from $25,000 to $50,000 (exclusive of interest and attorneys’ fees.) It is very helpful to be enabled by this statutory change to pursue larger claims in the
Electronic Voting and Virtual Meetings – New laws effective July 1
Inspired by the COVID experience which hampered association meetings and, therefore, effective governance the General Assembly enacted a landmark bill to assist in all associations. It is finally the time of year for the new laws to go into effect. Once an Association has complied with the conditions in the amendments quorums for annual meetings