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

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Senate Bill 1008 awaits the Governor’s signature to proclaim a “bill of rights” for homeowners in condominiums and property owners associations.   The irony is that under “bill of rights” title on this new statute, there is nothing which changes or adds to the current statutory scheme for voting, accessing records, recording meetings or extending due…

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

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

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…

Did you know that Virginia has a law which requires all licensed contractors to contribute towards a fund that helps victims of fraud and dishonest conduct? While many states have similar consumer laws, Virginia also includes Property Owners Associations as potential victims. (We don’t know why condominium associations are not included but it is on our “to do” list.) The Contractor Recovery Fund (aka Santa) reimburses qualified applicants up to $20,000.00 in cases where the contractor has engaged in “wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code…” Virginia Code § 54.1-1118. So if a contractor collected a deposit and never came back to do the work and you can’t find him, there might be a chance to get that money back. The process is a bit technical but worth the effort if you have a substantial amount involved.Continue Reading Virginia has a Santa “clause” ….and he brings dollars

QUESTION: 

I understand that at this time all associations are required to have a complaint procedure in place in order for their members to be able to let the CIC Board know of issues they have with their association. I also know that the Annual Report form requires an Association to state whether or not it has a complaint procedure. What is the consequence if an association fails to comply after getting the DPOR’s letter about non-compliance when they have checked “no” on the Annual Report?Continue Reading Mandate from the Legislature-Complaint Procedure

A couple years ago a new state law was passed requiring that associations have an internal complaint procedure once the regulations for such are issued by the Community Association Ombudsman under the Department of Professional & Occupational Regulation.  The official responsible for prescribing an internal complaint procedure for all associations proposed the regulations for it and they have been approved by the Governor. All Associations should have a procedure in place NOW to be in compliance with the law and regulations.Continue Reading State Regulations for Internal Complaint Procedure – Regulations Now in Place