Board members are told that they have fiduciary duties to the community association, but what does that really mean? Fiduciary duties arise because the members of the association entrust a board member to act in the best interest of the
Tarley Robinson
Tarley Robinson is a publisher that provides legal insights primarily focused on issues related to homeowners associations, community association governance, regulatory compliance, and liability management. The content often addresses practical legal challenges faced by common interest communities, including risk mitigation strategies, regulatory enforcement actions, and contractual liability concerns. Additionally, the publisher covers topics related to investment fundraising regulations and attorney-client privilege in the context of business communications. The blog serves as a resource for legal professionals, community managers, and stakeholders interested in the intersection of property law, regulatory oversight, and risk management.
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https://tarleyrobinson.com
Latest from Tarley Robinson - Page 3
Implementing an HOA Complaint Procedure – Slideshow Presentation
By Susan Tarley
Still need information for your association’s required Complaint Procedure? Here is the slideshow for the Complaint Procedure Seminar Sept 2012 revised Susan Tarley presented in Williamsburg in September 2012. This slideshow presentation is provided for informational and educational purposes only. This presentation…
2015 General Assembly Update for Virginia Community Associations
By Susan Tarley
The legislation that passed the 2015 General Assembly Session is mostly helpful to Virginia HOAs–clarifying issues created by some legislation, and providing solutions for owner apathy and bank foreclosure problems for associations. House Bill 2055 amends the Virginia Condominium Act…
How to Run An Effective HOA Board Meeting
By Susan Tarley
Have you ever asked yourself after an Association board meeting “what went wrong?” The flow of the meeting was off, the meeting went on way too long and the atmosphere was unwelcoming for the owners who came to observe. With…
Immigration and Employers – Remember your I-9 Forms
By John Tarley
There are many issues for entrepreneurs starting and operating their small businesses. In that light, immigration is not just a national issue involving major companies. Small businesses must be aware of government requirements, too. Since 1986, the Immigration and Nationality…
HOAs, ADA, and FHA: regulating “Service or Assistance Animals”
By Susan Tarley
Recent amendments to the Americans with Disabilities Act (the “ADA”) regulations limit the definition of “service animal” to any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including…
What happens if a tree falls from my property onto a public highway causing damage?
By John Tarley
“Tree law” fascinates us. I guess part of the reason is because many of us have at lease one tree on our property, and during severe storms, we fear what would happen if one of those trees fell on our…
Virginia Supreme Court upholds arbitration award granted to homeowners who sued their HOA
By John Tarley
It is relatively routine for developers or “declarants” to include arbitration provisions into the declaration of restrictive covenants recorded to establish a common interest community. Generally, arbitration clauses are preferred by developers for a variety of reasons including avoiding a…
Real Estate Listing Agreements for the sale of property: Are they enforceable even if not in writing?
By John Tarley
Generally speaking a party can enforce an oral agreement. However, courts will not enforce certain contracts unless they are in writing. For example, under Virginia Code § 11-2, commonly known as the Statute of Frauds, an agreement or contract for services…
What can an HOA Board do if members question whether the President acted properly?
By Susan Tarley
I also would suggest that the board seek education opportunities provided by CAI or by your HOA attorney to include discussion of fiduciary duty, board member responsibilities, the business judgment rule, and conflicts of interest.