Virginia Community Association Law Blog : Virginia Condo & HOA Lawyers & Attorneys in Williamsburg & York & Newport News & Hampton VA / Property Management Issues

Editor's Note: Guest blogger Steve Blaine, a LeClairRyan attorney practicing out of the firm's Charlottesville office, and focusing his practice on land use, zoning, and community association law, has contributed the following post.

 BMPs: How to avoid an amenity from becoming a headache.

We frequently counsel clients, community associations, developers and builders, on various issues involving that ubiquitous ‘amenity’ known as the stormwater detention pond, or “BMP” (short for “Best Management Practices”). This article will briefly discuss how to avoid some of the more common pitfalls facing homeowners whose community’s common areas/elements include these useful, even if at times burdensome, features. At the end of the article is a “glossary of key terms” related to BMPs.

Why do we have BMPs anyway?

BMPs are used to improve the quality of water runoff from roads, parking lots, developed land, including residential neighborhoods, and to reduce peak stormwater runoff flow by providing temporary storage during larger storm events. If the BMP in your subdivision was constructed early in the development process, it was probably used to trap sediment from construction activities in the tributary drainage area, which also can be a very effective way to collect and remove pollutants. Hopefully, the BMP in your neighborhood happens to provide other benefits such as passive recreation and open space in addition to reducing peak runoff rates and improving water quality.

It is essential for those responsible for maintaining these BMPs to understand their important role and what to do to assure their continued proper function.
 

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Are associations allowed to prohibit pets in the common area? Liz White was recently interviewed by HOAleader.com on this topic. In the interview, Liz discusses which restrictions may be permissible, and which ones may not be permissible. Check out the full article here.

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How should your board respond to an accident? Who should you call first? Liz White was recently interviewed by HOAleader.com on this topic. In the interview, Liz explains how associations should always first contact their legal counsel. Check out the full article here.

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LeClairRyan's Community Association Team doesn't just represent developers in the legal creation of associations; rather, it also physically creates them too! The Team is a strong supporter of Habitat for Humanity, and pictured below are several LeClairRyan attorneys with friends from Capital One, outside a current Habitat for Humanity build in Richmond.

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The wind was howling. The rain was pelting the windows. Twigs and sticks struck the rooftop. My cell phone rang and the caller i.d. showed it was a client who lived 200 miles to the north and maintained a second home in Virginia Beach. Odd time to call, I thought, in the middle of the hurricane/no’easter now known as Nor'Ida, the storm that dumped significant rain on our fair city, brought severe winds, and caused the governor to declare a state of emergency for our state.

“Pam, the beach condo is leaking like a sieve! And it is not only mine! What do we do?” asked my client, also a member of his condo board, which board I represent. “Half the owners are there, and the other half are not. Absentee owners’ units are leaking onto some who are there. Can we go in? I can’t reach the manager, but the handyman is around.”

This phone call probably was repeated many times over that day, pointing out that many associations do not have and may have never thought about a formal “Disaster” Plan.

After all, some “disasters” are not natural disasters. For example, here are some questions to consider:

• What about a gunman on the loose? -- Which happened in a nearby neighborhood to my own last fall.  Yes, we have a City police force, but some communities I represent have their own police forces.
  • What are the best ways for an association to proceed?
    
  • What if there is no plan?
    
  • Is there liability on the part of the board for the failure to HAVE a plan?

And what happens AFTER the immediate disaster passes?

• Who interfaces with the insurance companies?
• Who coordinates the insurance claim process as between the Condominium’s policy issuer and the individual owners’ policy issuers so that the facts are presented consistently?

Every association, whether condominium or property owners, should have an Emergency Plan. Consideration must be given to a host of factors such as defining an “emergency,” utilization of technologies and available resources, post-disaster safety and preservation, among others. If your association does not have such a plan in place, it should contact its legal counsel to assist it in formulating and drafting one that is both technically proficient and legally sound.

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