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

As association attorneys we are in need of the governing documents in order to answer questions posed by the board or the manager.  Frequently we have those documents in that association’s file if we regularly represent that association.  We do need to keep up to date on any changes in the rules and regulations or architectural guidelines which may be made without our input or review.  Of course, we do believe it is a good investment for associations to allow us to review proposed rule or guideline changes before implementing to insure enforceability.  

Continue Reading DOCUMENT MAINTENANCE – DO YOU HAVE ALL OF YOUR ASSOCIATION’S GOVERNING DOCUMENTS?

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:

 

Continue Reading NEW LAWS FOR COMMUNITY ASSOCIATIONS EFFECTIVE JULY 1, 2015

 

[This article is an excerpt from an article written by Mike Hunter for the

Charlotte Observer. We believe it contains some very helpful information and suggestions]

“Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow end.

And almost every set of pool rules contains a statement similar to this: ‘No one under the age of 18 may use the pool unless accompanied by a parent or guardian.’ It makes sense, right?

According to a 2012 federal court opinion from California (Iniestra v. Cliff Warren Investments), a pool rule requiring adult supervision of children violated the Fair Housing Act (FHA) because it discriminated against families with children.

In explaining its opinion, the federal court found the rule requiring adult supervision to not make perfect sense if its goal was to ensure the safety of all swimmers. The court noted that the Iniestra children, who were competent swimmers, were not allowed in the pool facility without a parent, but yet adults who never swam a day in their life could use the pool facility without supervision. Also illogical was that a certified lifeguard who was under 18 could not use the pool without the presence of a parent or guardian.

Continue Reading The Fair Housing Act and Your Community Pool

 

The General Assembly finally heard the hue and cry from us about lenders abuse of associations in the foreclosure process. Unfortunately this new statute does not fully end the abuse. The key word in the title above is “occur”. The first benefit of the new law is that Lenders must now give associations notice at least 60 days in advance of initiating foreclosure.  How does this help us?

Continue Reading Finally – a new law that helps Associations when foreclosures occur – House Bill 2080.

Q.       It is springtime and a few creative and industrious neighbors are out erecting fences and sheds as others have done in the past without requesting the permission of the Association. We are a 24 home association that recently elected a homeowner board. The developer finished the last home in late fall. We are self-managing and are not sure what to do about enforcing our covenants. We have a provision that requires that any structures or exterior modifications have to be approved by the Board of Directors but the homeowners aren’t asking permission.

Continue Reading Spring Projects Create Work For This Architectural Standards Committee. Are You Ready?

 

March 2015 – The U.S. Department of Justice announced settlement of a Fair Housing violation case against a Community Association and its Management.  In addition to requiring a revamped set of Rules, the offenders must pay a $10,000 penalty to the United States and pay $100,000 to six families that suffered as a result of the discrimination.

The Complaint filed in 2013 alleged that the enactment and enforcement of a facially neutral Common Areas Rule was discriminatory. The rule provided that:

Continue Reading GO SLOW: CHILDREN AT PLAY

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 process.  Instead, the proposed law seeks to gather those provisions as they are spread out throughout the Condominium Act and the Property Owners Association Act into a single place to promote greater awareness among homeowners.  For those who have read about this new law in some summary article with few specifics — you may all exhale now.

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