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
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…
Members of LeClairRyan’s Community Association Industry Team will be blogging live from the Homestead this weekend, at the annual Virginia Leadership Retreat. The conference will run from July 29 -31, and will feature an array of networking events and presentations by some of the leaders of the community association industry in Virginia. LeClairRyan will be making…
A reader recently asked us to comment on members’ rights to inspect their property owners’ association’s books and records, such as financial information and meeting minutes, pursuant to the Property Owners’ Association Act.
A member’s right to inspect records is not only governed by the provisions of the Property Owners’ Association Act, but also by the provisions contained within the Virginia Nonstock Corporation Act. The provisions of the two acts must be read in conjunction with each other, and therefore the interested member should review not only § 55-510 of the Property Owners’ Association Act in order to understand his rights, but also §§ 13.1-932 – 934 of the Virginia Nonstock Corporation Act as well.
This blog post is limited to a discussion of the provisions contained within the Property Owners’ Association Act, and at some future time we will likely make a post regarding the inspection provisions contained in the Virginia Nonstock Corporation Act.
We received the following question relating to disclosure packets and financial updates: Va. Code § 55-509.9 provides that settlement agents may request escrow instructions from the disclosure packet preparer, who would be the association manager in the case of a professionally managed association. No fee may be charged for escrow instructions, whereas an association manager may charge a $50 fee for a financial update. Settlement agents and other parties involved in the sale of a property (e.g. real estate agents) regularly request written confirmation of outstanding assessments, special assessments, HOA insurance coverage, insurance agent contact information, etc. Since this information is in the disclosure packet already provided, does this information qualify as a “financial update” for which a fee may be charged? Is there a definition of what is included in a settlement agent request that is not subject to a fee and one that is?
On Wednesday, May 19th, LeClairRyan’s Community Association Industry Team will be hosting a free webinar entitled "The Fair Housing Act: Keeping your Community Association in Compliance and Out of Court.”
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.
Anyone selling a lot or home that is part of a Property Owners’ Association (POA) is responsible for providing potential lot purchasers with information about the POA, referred as a “disclosure packet.” Sellers rely on their associations to provide complete and current disclosure packets to prospective purchasers. If a POA is managed by a POA…