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Webinar: What HOA Boards Need to Know About Regulating Rentals

With the burst of transient occupancy arrangements, vacation rentals and renter occupied units/homes in common interest communities in recent years, community associations continue to scramble to figure out how best to handle them in light of their unique governing documents and communities . Add to that the increase in investor owned homes and condominium units and the residual effect of the prior economic downturn, the ever changing mortgage restrictions regarding percentage of owner-occupied condominium units in condominium communities, the “hang-over” from the proliferation of foreclosures in the past 7-8 years, and the lobbying efforts of the short-term occupancy proponents, and its no wonder community association boards and managers often feel overwhelmed about what steps, if any, they need or can take with regard to such rentals/occupancy.

Help is on the way!  Join us for a must-attend webinar on Thursday, April 28 (2:00 - 3:00 P.m. ET) on how to create a smart—and enforceable—rental policy at your HOA. 

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Association Charges : Be Aware of Legal Restrictions on Assessments and Charges

As of July 1, 2015, the Virginia Condominium Act provides that no condominium association may impose an assessment or charge against a unit owner unless such charge or assessment (a) is expressly authorized by the Condominium Act (see particularly Va. Code Sec. 55-79.83) and/or by the condominium instruments for the community, (b) represents a fee for service provided, or (c) is a fee for a resale certificate, as provided for in the Condominium Act. Va. Code Section 55-79.42:1.

The Common Interest Community Board has the authority to assess a monetary penalty and/or issue a cease and desist order against an association or common interest community manager who violates this Code section pursuant to its powers under Title 54.1 (“Common Interest Communities”), Sections 54.1-2349, -2351, and -2352. (The Property Owners’ Association Act already included a similar provision regarding assessments and charges in Section 55-509.3, which was amended in 2015 to add the CICB’s enforcement powers.)

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Disclosure Packets and Resale Certificates: Statutory Updates

Since our last postings on the subject of disclosure packets, the General Assembly has adopted several minor Code changes to clarify existing provisions:

Delivery by Overnight Carrier 
The Code section providing for cancellation of the purchase agreement within a certain time period after receipt of the resale certificate / disclosure packet previously failed to mention when the purchaser could cancel if the resale certificate / disclosure packet were delivered by overnight delivery service. For both property owners’ associations (“POAs”) and condominium associations, whether self-managed or professionally managed, if the resale certificate / disclosure packet is delivered by commercial overnight delivery service, the purchaser may cancel the contract within three days after receiving it.

The seller or the seller’s authorized agent may choose whether a resale certificate / disclosure packet will be delivered in hard copy or electronically. Such request and instructions must be stated in writing.

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Webinar: How to Protect Yourself and HOA from the Neighborhood Sociopath

Run into any owners or residents who show contempt for and consistently disregard your HOA's rules? Then you'll want to join us for a cutting-edge webinar on October 15 (2:00 - 3:00 pm ET) on how to wisely and safely handle the most difficult owners and residents you'll ever face. 

You'll learn:

  • The basics about sociopaths and persons with antisocial personality disorder and why their behavior is particularly destructive in a community association
  • Common types of sociopaths, along with what motivates them
  • The sociopaths you may encounter as a board member based on real-life examples, such as an owner who's a member a sovereign citizens movement and doesn't recognize any authority, including your HOA
  • Tips to help you tackle the difficult task of identifying sociopaths, whether they're owners or fellow board members
  • Practical information to help you respond constructively to the actions of sociopaths you can't ignore, including things you should be especially concerned about in dealing with sociopaths
  • Information you can use to protect yourself and your HOA

In just 60 minutes, you'll hear valuable information you can use now to be smarter when it comes to lessening the damage caused by the most difficult owners, residents, and board members.

For more information and registration visit:


Webinar: Collecting Condo Development and HOA Fees

Will SleethJoin me, Thursday, Jan. 22 (11:00 am - 12:30 pm ET), for this practical collections guide reviewing key issues and processes involved in pursuing outstanding debts in common interest communities. The real estate market troubles have left many condominium and HOAs in turmoil. With fewer members to carry the financial load, every penny counts.  Explore the debtor protections that exist in specific situations, and make certain the collection efforts are lawful and effective.

Topics include: A walk-through of the essential steps of collection procedures; Making certain governing documents support the claim; Finding new ways of legally pursuing the debt owed to the community; and practical tips for staying in compliance with FDCPA.

Who Should Attend: Attorneys, Common-interest community presidents and vice-presidents, Accountants, and Real estate professionals.

Registration fee: $199. CLE credit available. 
Additional details and registration can be found at:

Video Interview: Discussing HOA Elections with LXBN TV

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. 

HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections

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 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:

LeClairRyan Attorneys Attend the Virginia Leadership Retreat (VLR): 2014

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.

Special Assessments: How to Avoid Them When Possible, and Pass Them When Needed

The odds are strong that at some point in an association's history, it will experience the need for a special assessment., 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 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:


Lori Schweller and Will Sleeth to Speak at Upcoming CA Day in Richmond

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.