Published By: Michael A. Inman, Jeanne S. Lauer, Gregory J. Montero, Robert V. Timms, Jr., Matthew J. Weinberg
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Mike Inman

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Michael A. Inman is a partner at Inman & Strickler focusing his practice in the areas of Community Association Law and Business and Real Estate Law

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In the past two months we have been consulted on two situations involving emotional support animals.  Be it known that this is a topic addressed by the Fair Housing Act.  In order to qualify the resident must satisfy certain requirements. They are as follows:

Documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.Continue Reading Emotional Support Animals and The Fair Housing Act – a word to the wise

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

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:Continue Reading If you can’t get a critical amendment passed there is relief in court

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:Continue Reading Help your new owners and board with welcome packets

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. Continue Reading News from the Virginia General Assembly and CAI’s Virginia Legislative Action Committee

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."

Continue Reading Animals and the Fair Housing Act

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…

Recently we received the following question the answer to which could be helpful to many of you.

Q.       Our condominium has a serious need for some renovation work on windows, doors and some balconies. It is going to cost around $3,000 a unit as best we can tell right now. One contractor we consulted said it was not urgent and that we could do it over a period of time. Another contractor indicated that he thought the deterioration would accelerate and we needed to do all the work right away. The Board is divided on which way to go, and right now we only have four Board members, and it is a 50/50 split. Our next election is September and we cannot agree on a new Board member either. We have been at this standoff for four months now, and we need to move ahead with some plans, but we do not seem to be able to do so. Do you have any suggestions?Continue Reading What to do when your board is deadlocked

Michael A. Inman has been reappointed by City Council to the Virginia Beach Planning Commission for another four year term beginning in January 2018. The Planning Commission meets monthly to review and vote upon applications from property owners for rezoning and conditional use permits. Mr. Inman has practiced in Hampton Roads since 1973 and has…