From time-to-time we have counseled clients whose companies were formed in other states, but they are also conducting business in Virginia. One task that sometimes gets overlooked is the necessity to properly register their corporation in Virginia. That oversight could
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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“Thank you” to Construction Law Musings – HOAs and the Association Lien
In this blog, I will discuss another lien that can be filed on real property in Virginia, a lien that I will refer to in this blog as the “Association Lien.”
Virginia has two separate code sections that permit community…
Part 1 on Virginia’s Unauthorized Practice of Law Rules and HOAs – Where do we find guidance?
Mention the unauthorized practice of law when discussing homeowner and condominium associations and typically the room gets very quiet. Associations, board members and managers strive to keep their budgets low, but compliance with new laws and regulations, keeping up with…
Citizen’s Arrest – From Mayberry to Suffolk
I read a story in the Virginia-Pilot in which it described an incident of Citizen’s Arrest. In the story, a fire inspector, using a flashing blue light on his car, stopped a female driver. He claimed the driver had been…
HOA Case Study: A Board’s statements or conduct may establish the enforceability of its governing documents
An article in the Washington Post discussed a pending case in the Virginia Supreme Court regarding a dispute between property owners and a community association regarding the owners’ operation of a vineyard and retail store on their property. In an unpublished Order, the…
How important are state statutes and case decisions in governing your HOA?
We discussed Governing Documents for homeowners associations and Governing Documents for condominium associations. These governing documents for your community association must be read in conjunction with certain state and federal laws. In this article, we will discuss those relevant laws…
Fight over beer-pong game covered by insurance?
It’s an unfortunate fact of life that you may get involved in a lawsuit. If you are at fault in an automobile accident, your auto insurance provides protection. For other types of cases, your homeowners insurance policy can protect you.…
Real Estate Listing Agreements are Contracts – Do you know your rights and obligations?
No sooner had we posted our blog article on the enforceability of listing agreements even when they are not in writing, another recent case came to our attention. This case is from the New Kent County Circuit Court. This case…
A New Twist on Identity Theft and Fraud: How can Realtors, Lenders, Title Companies and Law Firms Protect Your Clients and Yourselves?
A case out of Virginia Beach underscores the deviousness of those who engage in identity theft. As reported in , Guy Gugliotta owned two lots in Virginia Beach. A local realty company maintained contact with Gugliotta via mail in case…
Can HOAs Prohibit Owners From Flying the American Flag?
Flying the flag is an important way that Americans celebrate their liberty and the sacrifices of past and present heroes who defend it. There were news stories about a dispute between an Ohio homeowners’ association and a Vietnam veteran over a…