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
Board Member Duties
Collections Options Regarding Owners Who Fail To Pay Their Assessments
How should a homeowners association or a condominium association deal with an owner who fails to pay his dues or assessments? There are three main remedies that associations have under Virginia law: (1) file a lawsuit against the owner, (2) file a memorandum of lien against the owner’s lot or unit, and (3) suspend an owner’s privilege to use certain portions of the common area or common element (we’ll address this third remedy in a future post).
Filing a Lawsuit
Associations have a right to file a lawsuit against delinquent owners, seeking a judgment for the delinquent amount. Many associations’ governing documents will also provide that the association is entitled to recover its court costs and attorneys’ fees too. In practice, some courts are occasionally reluctant to award associations the full amount of attorneys’ fees incurred in attempting to collect delinquent assessments, so the association may only be able to recover a certain dollar figure, or a certain percentage of the delinquent amount. While each court (and judge within that court) is different, it’s been our experience that in most situations, associations are usually able to recover most of the attorneys fees incurred in attempting to collect delinquent assessments.
Continue Reading Collections Options Regarding Owners Who Fail To Pay Their Assessments
Remember Who the Client Is When Meeting with an Attorney

When consulting with an attorney on behalf of a legal entity, such as a homeowners association or condominium unit owners association, or a developer that is a limited liability company or corporation, it is easy to lose track of who is being represented by the attorney. The attorney’s engagement letter should clearly state who…
Are You Signed Up For The Virginia Leadership Retreat?
The annual Virginia Leadership Retreat will take place this year from July 27 – July 29, 2012 at the Homestead in Hot Springs, Virginia. This annual event has become the premier state-wide gathering for the community association industry in Virginia. Once again, LeClairRyan’s community association team will be well represented there. Like most years…
Avoiding the Perils and Pitfalls of the Fair Credit Reporting Act
On Thursday, February 16, 2012, LeClairRyan employment law attorney and Community Association Team member Brian Muse will present a one-hour webinar on the Fair Credit Report Act.
This webinar will provide practical advice to employers on what they need to know to conduct background checks and employee investigations without running afoul of the FCRA. It…
LeClairRyan Attorneys to Speak at 2012 Conference and Expo of the Washington Metro Chapter of CAI
LeClairRyan attorneys Doug Cuthbertson and Nicole Pszczolkowski were recently selected to give a presentation at the upcoming 2012 Conference and Expo of the Washington Metro Chapter of CAI. Their presentation, entitled "We’ve Been Sued! Now What?" will feature a discussion of practical tips for board members, community managers, and others on how to avoid litigation…
Community Associations and Stormwater Detention Pond Maintenance (“BMP”) Responsibilities
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.
Continue Reading Community Associations and Stormwater Detention Pond Maintenance (“BMP”) Responsibilities
LeClairRyan’s Will Sleeth Published in “The Fee Simple” Regarding Developer Transition Issues
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…
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…
Blogging Live from the Upcoming CAI Law Seminar
CAI will be hosting its annual Community Association Law Seminar on January 13 – 15 in Las Vegas. The LeClairRyan Community Association Team will once again have a strong showing at the conference. We will be blogging live from the seminar, so be sure to tune in to the blog for updates throughout the weekend.…
