We have written extensively on the virtues of alternative dispute resolution, specifically mediation, to resolve disputes. Litigation is a time-consuming and expensive undertaking, and in the end, both sides are generally unhappy with the result because of the costs and time incurred.
Virginia HOA and Business Law Blog
The Virginia HOA and Business Law Blog, published by Tarley Robinson, focuses on legal issues affecting homeowners associations and business entities in Virginia. Topics include risk management and liability mitigation for HOAs, regulatory compliance and licensing matters for community management companies, legal considerations in raising investment funds, protection of attorney-client privilege in digital communications, and contractual liability limitations for professional service firms. The blog addresses practical legal challenges faced by community associations and businesses, providing insights into state and federal law implications relevant to these sectors.
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Should I incorporate my business?
Frequently, budding entrepreneurs merely evolve into business without giving it the upfront thought the transition deserves. They become what are usually known as “sole proprietors” operating “sole proprietorships,” or one-man/woman businesses. A sole proprietorship is the simplest form of business…
Why you should have a buy-sell agreement with your business partners
As we have previously noted, if businesses are analogous to marriages, then the start-up of businesses begins with the “honeymoon” stage in which the business partners believe that they have similar visions of the company’s rosy future. Things change. The…
Smokin’ in the Condo
Imagine if someone told Don Draper and Roger Sterling of Mad Men that they could no longer smoke in their apartments. They would look at you curiously, smirk and light up a cigarette. But Mad Men, the television show about…
Can I cut down my neighbor’s tree when its branches overhang my property?
In our ever crowding residential areas, more of us experience the situation in which the limbs of a neighbor’s tree overhang our property line. Most of the time, these limbs do not pose us any concern, but questions do arise…
My Commercial Tenant is gone . . . should I re-enter the Property?
Sometimes commercial tenants, unable to stay current with their lease obligations, decide to close up shop and abandon their leased premises. In those circumstances, commercial landlords need to know their options. This blog post discusses a commercial landlord’s options when…
Has your business been paid with a check endorsed as “Payment in Full?”
Many of us have been paid by a check that includes the written endorsement of “payment in full.” By this endorsement, the maker (writer of the check) intends to settle any dispute once the payee (recipient of the check) deposits…
Simple Tips for Effective HOA Due Process Hearings
This blog post focuses on addressing one major source of discontent in community associations: due process hearings for alleged violations of the community’s governing documents or condominium instruments. Homeowners want fairness Complaints about HOA due process hearings can be split…
Can an HOA prohibit the posting of political signs?
Well, it’s that time of year when signs start popping up in neighborhoods as election day draws near. In neighborhoods governed by a homeowner or condominium association, boards of directors are sometimes asked to enforce sign restrictions when one neighbor…
Arbitration instead of Court? Be careful what you ask for
Over the past 15 years or so, “arbitration” provisions have appeared with increasing frequency in a wide variety of contracts. For example, declarations of covenants and restrictions recorded for homeowners associations, construction contracts, employment contracts, and commercial leases all may…