This is an important task that generally does not get accomplished as often as it should. There are three primary reasons for a review of your rules every couple of years: (i) laws and regulations change, (ii) “best practices” change
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ENFORCING COVENANTS – NEW VIRGINIA STATUTES AFFECT COURT ACTIONS
By Mike Inman
Two new changes in the law have an impact on community associations court actions.
The first is an increase in the jurisdictional limit of the general district court from $25,000 to $50,000 (exclusive of interest and attorneys’ fees.) It is…
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Electronic Voting and Virtual Meetings – New laws effective July 1
By Mike Inman
Inspired by the COVID experience which hampered association meetings and, therefore, effective governance the General Assembly enacted a landmark bill to assist in all associations. It is finally the time of year for the new laws to go into effect. …
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YET ANOTHER RULE MODIFICATION FROM GOVERNOR ON IN-PERSON MEETINGS
By Mike Inman
The recent Fourth Amendment to Governor Northam’s COVID related Executive Order, effective as of April 1, 2021, has updated the limitations for private in-person gatherings. It states as follows:
All public and private in-person gatherings of more than 50 individuals…
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NEW RULE FROM GOVERNOR ON IN-PERSON MEETINGS
By Mike Inman
The recent Third Amendment to Governor Northam’s COVID related Executive Order has updated the limitations for private in-person gatherings. It states as follows:
All public and private in-person gatherings of more than 10 individuals indoors and 25 individuals outdoors are…
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GENERAL ASSEMBLY MAKES VIRTUAL MEMBER MEETINGS LEGAL …. WITH CONDITIONS
By Mike Inman
Last Spring as part of emergency legislation the General Assembly authorized association boards of directors to meet virtually but did not include member meetings. This has caused significant delays in elections and other important meetings requiring a membership vote. I…
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“OUR NEW BOARD JUST INHERITED A HOST OF OLD VIOLATIONS – WHAT SHOULD WE DO? “
By Mike Inman
We often get calls from new board members after transition from developer control. They have questions like this one: Some of the homeowners have added fences, above ground pools and sheds without getting approval from the Association. Many of these…
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GENERAL ASSEMBLY FOCUSES ON SMOKING
By Mike Inman
With the persistence of COVID-19 there is a current focus on the effects of smoking in apartments, condominiums and townhomes on their residents. The Common Interest Community Work Group of the Virginia Housing Commission, on which Mike Inman serves, recently…
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FUNDING SURPRISE PROJECTS – LOAN OR SPECIAL ASSESSMENT?
By Mike Inman
Boards often ask us how to best fund a project that becomes necessary due to unexpected events. This could be a significant leak or structural issue with the swimming pool or a roofing inspection report which states that replacement is…
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Provide Members Due Process Prior to Suing in Court
Many board members and managers may not be aware that the Property Owners’ Association Act (“POAA”) requires that an association’s board of directors provide a member due process prior to taking action against that member in court.
Specifically, §55.1-1819 of…
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