Following up on my recent webinar discussing the subject, I had the opportunity to speak with Colin O'Keefe of LXBN on the HOA elections. In the brief interview, I explain some big best practices in elections and a few common missteps I frequently come across.
Stop us if you've heard this one before: You announce an HOA election providing proper notice, yet only a handful of owners show up to vote. You end up short of your quorum requirements, and you have to start all over again with your fingers crossed that next time, your luck will be better, and your election will be successful. Or instead, you hold your election, get definitive results—you think—but then the election gets challenged.
We can help you do better! Join HOALeader.com for an in-depth webinar on October 9 led by two community association lawyers who've devoted their extensive—and impressive—careers to solving the challenges HOAs face every day. You'll log out of the webinar with valuable, workable tactics you can implement immediately to make your election process smoother, more successful, and less contentious.
For more information, or to register for this webinar, visit: www.HOALeader.com
This weekend, four members of LeClairRyan's Community Association Industry Team are attending the Virginia Leadership Retreat (VLR) at the Homestead in Hot Springs, VA. The team has attended the annual conference each year since its inception six years ago, often having one or more of its attorneys speaking at the event. Pictured below at the Homestead (from left to right) are Brian Muse, Liz White, Will Sleeth, and Lori Schweller.
The odds are strong that at some point in an association's history, it will experience the need for a special assessment. HOAleader.com, a national web-based publication, is hosting a live webinar on the topic: "Special Assessments: How to Avoid Them When Possible, and Pass Them when Needed."
Elizabeth White, LeClairRyan shareholder and leader of LeClairRyan's national Community Association Industry Team, will be one of two presenters selected by HOAleader.com to speak and share her valuable expertise during this webinar. Along with nuts and bolts about how to go about adopting a special assessment and the consideration of alternatives to a special assessment, Ms. White will share some lessons learned on the communication and risk management side and offer tips for minimizing challenges to a special assessment.
For more information, or to register for this webinar, visit: www.hoaleader.com
LeClairRyan attorneys Lori Schweller and Will Sleeth will be speaking once again at this year's Community Association Day trade event sponsored by the Central Virginia Chapter of CAI, which will take place this Tuesday the 18th. The two will be giving a presentation titled "Common Area, Common Problems -- Parking, Drinking, and Other Liability Issues".
For more information about this year's CA Day, including information about how to register, please click here.
Drones and HOAs: How Homeowners Associations and Condominium Associations Can Be Prepared to Deal with the New Technology
Amazon.com’s recent announcement – that in the future it may utilize unmanned drones to deliver packages to individual residences – has created a host of novel legal issues that all homeowners associations should consider and plan for. Although commentators believe that the commercial use of delivery drones may be a few years off, associations should begin planning now for whether they should regulate the use of drones within the association; how they should regulate the use of drones; and how they can minimize potential liability arising from the use of drones.
While the public has so far only been provided with bits and pieces of information about the make-up and capabilities of unmanned delivery drones, some general information is available: a drone will carry a package and will fly from a warehouse to an owner’s house, with the goal of attempting to deliver the package in a very short amount of time right after it has been ordered. The drone is designed to land, helicopter style, on an owner’s lawn and drop off the package. The drone will then use its helicopter-style propellers to vertically ascend from the owner’s lawn and return to the warehouse.Continue Reading...
Elizabeth L. White, the leader of LeClairRyan’s national Community Association Industry Team, was recently contacted by Virginia Lawyers Weekly and asked to weigh in on pending legislation in the form of Virginia House Bill 791, which would, if passed by the Virginia General Assembly, amend both the Virginia Condominium Act and the Virginia Property Owners Association Act.
The full text of the bill can be found here and here. Although proponents of the bill indicate they are seeking clarification regarding the authority of associations in Virginia to adopt and enforce rules -- clarity which they feel is needed in light of some recent court cases in Virginia -- the proposed legislation, as written, would require associations to go through a two step process before associations could file any suit in a court of law to enforce their declaration and/or rules and regulations. While undertaking alternative dispute resolution is preferable to litigation in most cases, the subject bill as currently written does not make exception for cases which pose an imminent threat to personal health and safety and/or pose an imminent threat of injury to other property.Continue Reading...
Editor's Note: LeClairRyan's Community Association Team handles sophisticated legal matters for a wide array of large-scale master-planned communities throughout Virginia and the nation. The following press release highlights the Team's recent work in assisting a large master-planned homeowner's association in Newport News and York County, Virginia purchase the golf course and country club that is located within the community.
KILN CREEK HOMEOWNERS’ ASSOCIATION TO PURCHASE GOLF COURSE, COUNTRY CLUB & 290 ACRES OF PROTECTED GREEN SPACE Newport News, Virginia—December 23, 2013 The Villages of Kiln Creek Owners Association (KCOA) board of directors today completed its purchase of the Kiln Creek Golf Course & Resort from Dick Ashe. The $3.5 million purchase price includes 290 acres of protected green space with an 18-hole golf course, a former nine-hole golf course, a clubhouse, a 15-room hotel, two restaurants, a swimming pool, tennis courts, a fitness center and office space.
KILN CREEK HOMEOWNERS’ ASSOCIATION TO PURCHASE GOLF COURSE, COUNTRY CLUB & 290 ACRES OF PROTECTED GREEN SPACE
Newport News, Virginia—December 23, 2013
The Villages of Kiln Creek Owners Association (KCOA) board of directors today completed its purchase of the Kiln Creek Golf Course & Resort from Dick Ashe. The $3.5 million purchase price includes 290 acres of protected green space with an 18-hole golf course, a former nine-hole golf course, a clubhouse, a 15-room hotel, two restaurants, a swimming pool, tennis courts, a fitness center and office space.
You serve on your condominium or property owners’ association’s board of directors and have been receiving complaints about unauthorized cars and space shortages in the community’s parking lot. The Board would like to designate specific parking spaces for use by designated units so that each unit has a certain number of parking spaces available to it at all times. May it do so? The answer depends on (a) how parking spaces are classified in your declaration of covenants, conditions, and restrictions, and (b) the association’s authority to control common area / common element pursuant to the Virginia Condominium Act or Property Owners’ Association Act and the specific terms of the association’s governing documents.Continue Reading...
LeClairRyan attorney Will Sleeth recently spoke at the James City County Neighborhood Leaders Forum on community association law issues. Will was invited to speak on a panel, along with several other attorneys (including the Virginia Common Interest Community Ombudsman, Heather Gillespie, and Deputy James City County Attorney Adam Kinsman), to discuss an array of recent developments in community association law.
The James City County Neighborhood Leaders Forum meetings take place every few months, and consist of various educational presentations and dialogue sessions hosted by the County Administrator, geared towards members and directors of homeowners associations in James City County. For more information on the James City County Neighborhood Leaders Forum, please click here.