The Fee Simple law journal (the journal of the Virginia State Bar’s Real Property Section) recently published an article by LeClairRyan‘s Will Sleeth related to developer transition issues. The article, titled "The Transition from Developer-Control of a Property Owners’ Association and the 2002 Attorney General’s Opinion," examined whether Virginia law imposes a time-limit
Governing Documents
Can a Dog Serve on Your HOA Board?
While many board members have likely been tempted at some point to utter under their breaths that a fellow director can at times be a "dog," reports of actual dogs being appointed as directors of community associations are few and far between.
So it raised a few eyebrows when the Washington Post reported the…
Will Your Association “Fly” Into Trouble With the New Virginia Flag Law?
In a post several months ago, we noted the General Assembly’s adoption of amendments to the Property Owners’ Association Act and the Condominium Act that address associations’ ability to regulate the display of the United States flag. As we reported then, the amended Virginia Code sections (Va. Code § 55-513.1 [POAs] and § 55-79.75:2 [Condos]) follow the language of the federal Freedom to Display the American Flag Act of 2005, signed into law on July 24, 2006. It provides that no association (POA or condominium) shall prohibit an owner from displaying the U.S. flag on his own property (lot or unit) as long as the display conforms to federal law, rule or custom. You can find the official rules governing flag display in Title 4, Chapter 1 at the U.S. House of Representatives’ website at http://uscode.house.gov/uscode-cgi/fastweb.exe?search.Continue Reading Will Your Association “Fly” Into Trouble With the New Virginia Flag Law?
Watch For Those Governing Document Typos!
Are your association’s governing documents free of typos? Many are not. The danger that typos pose to association documents was brought home with force recently when LAW.com published an article about a $16 million lawsuit related to a typo in the public offering statement for a condominium in New York City.
According to the article…
Rent-A-Goat: The Latest Craze and the New Challenge for HOAs
The other week the Wall Street Journal published an interesting and somewhat amusing article about the latest trend in upscale neighborhoods: renting a goat as a means to trim a yard and eliminate weeds.
Apparently renting a goat constitutes an environmentally-friendly "carbon-emission-free" way to trim grass. The Journal reports that: "Prices can range from…
Virginia’s New Law on Flag Restrictions: An Overview
The General Assembly recently adopted amendments to the Property Owners’ Association Act and the Condominium Act that address associations’ ability to regulate the display of the United States flag. The amended Virginia Code sections follow the language of the U.S. Code (The Freedom to Display the American Flag Act of 2005), which is the federal…
Missed the Fair Housing Act Webinar? View it Now.
Did you happen to miss last month’s Fair Housing Act webinar put on by LeClairRyan’s Liz White and Brian Muse? No problem — the webinar is available for viewing at your convenience. Just click here to be linked to the blog’s "Webinars" section to find links to this webinar as well as all of
The Property Owners’ Association Act and the Condo Act: Be Aware of Subtle Differences
If you serve on the board of directors of a property owners’ association or a condominium association, or are a property manager, you need to ensure that you are looking at the correct law – the Property Owners’ Association Act, or the Condominium Act, respectively. Although both acts contain many similar provisions that…
POA Disclosure Packets Webinar — Q&A Follow-up
Thank you to all those who participated in our March 31st webinar on POA Disclosure Packets. To follow up, the following are answers to those questions you submitted that were left unanswered at the end of the program. Thank you for your insightful questions!
Q. Is HB 702, the new law regarding time of payment for disclosure packets (effective July 1, 2010), applicable to professionally managed associations as well as self-managed associations?
A. The new law will apply only to self-managed associations. For the time being, professionally-managed associations should continue to ensure that fees for disclosure packets are collected at settlement.
Q. Must a copy of an insurance document or certificate for the Association be included in the disclosure packet, or only a notation of the coverage amount?
A. The disclosure packet must include a "statement setting forth what insurance coverage is provided for all lot owners by the association, including the fidelity bond maintained by the association, and what additional insurance would normally be secured by each individual lot owner." A document from the insurance company is not required.Continue Reading POA Disclosure Packets Webinar — Q&A Follow-up
Free Seminar by the LeClairRyan Attorneys — April 17th
On April 17, 2010, LeClairRyan’s Community Association Team will be presenting a free seminar in Williamsburg, Virginia, entitled "Advanced Legal Aspects of Community Associations."
We invite you to join attorneys Liz White, Dan Quarles, Megan Scanlon, and Will Sleeth as they will discuss four topics that board members and managers frequently encounter as…