In a case from the Chesterfield Circuit Court, the circuit court judge determined that a homeowner could not be forced to pay association dues to a voluntary association. This result is not surprising. When we purchase real estate, we take
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.
Latest from Virginia HOA and Business Law Blog - Page 5
Benefits of Community Associations Part 1: Are HOAs really as bad as some portray?
By Susan Tarley
Community Associations have been the subject of a lot of bad press lately. An is typical of news reports that lambast associations. The article tells about a 55-and-older condo complex in Florida. According to the article, units in the…
HOAs and a Reserve Study…it’s the law! (Part 1 of a 3 part series on Reserves)
By Susan Tarley
Yes, Virginia, property owners’ associations and condominium associations are required to have a reserve study. At least once every five years an association must obtain a study to determine the necessity and amount of reserves (i.e. financial savings) required to…
Pool Season: Is Your Association Ready to Take the Plunge?
By Susan Tarley
Many Community Associations prepare to open their neighborhood pool by adding chemicals and performing maintenance to ensure the health and safety of the Owners. But just as HOAs take care in measuring chlorine and skimming leaves, Boards of Directors are…
Virginia Statute – HOAs must adopt “Cost Schedule” to recover copy costs
By Susan Tarley
The Virginia Code has provisions that provide members of condominium associations and homeowner associations with the ability to request copies of books and records. The statutes have also permitted associations to recover the costs of copying the requested books and…
HOAs and the Power to Adopt Rules and Regulations: Is it more limited than we think?
By Susan Tarley
Community Associations that have adopted rules and regulations that permit the association to avail itself of the enforcement capabilities found in Va. Code Ann. § 55-79.80:2 or § 55-513(B) should have counsel review the governing documents or condominium instruments, as…
ADA, FHA, and HOAs And Service Animals: Florida Association Sued for housing discrimination
By John Tarley
A short while ago we wrote a blog piece on the issues relating to community associations regulating service animals. In that blog we noted that the Fair Housing Act (“FHA”) “permits individuals with disabilities to keep an assistance animal as…
Virginia’s Noncompete Statute
By John Tarley
Virginia became one of the latest states to pass legislation limiting the use of employee noncompete agreements. Beginning July 1, 2020, certain noncompete agreements are prohibited by statute. This blog post examines that new statute and what it means for…
Small Business Break-Ups – The High Cost of Litigating a Forced Separation
By John Tarley
A recent Virginia Supreme Court Case, Cattano v. Bragg, illustrates again 2 points we have made time and time again: 1) Make sure your small business is prepared for an eventual “divorce” between the shareholders; and 2) Litigation is very,…
Holiday Lights and your HOA
By John Tarley
The Virginia Supreme Court has issued another ruling specifying the limitations of homeowners associations to enact guidelines, rules, and regulations that exceed the scope of their authority. We had written previously about attempts by HOAs to regulate holiday decorations. The…