Author Archives: chadwick

Author Archives: chadwick

What to do if the Association is Sued

By: Michael Sottolano One of the most frustrating issues a community association board of directors has to deal with is what to do if the association, the board, or an individual director is sued. It is the duty of the board to act in the best interests of the association and make decisions that are […]

Tips for Amending Governing Documents

By: Michael Sottolano The governing documents of a community association include the recorded covenants (often called the declaration, deed of restrictions, CC&Rs, etc.), bylaws and, if the association is an incorporated entity, its articles of incorporation.  The governing documents and applicable law, such as the Virginia property owners’ association, condominium and nonstock corporation acts, may […]

2023 Virginia Legislative Update Adjournment and Passage

By: Tiago D. Bezerra On February 25, 2023, the Virginia General Assembly adjourned sine die to conclude its forty-five day “short session.”  All in all, the General Assembly considered approximately 3,000 bills and resolutions over that month-and-a-half period with only a little more than half passing both the House of Delegates and the Senate.  Those […]


By: Janeen Koch This is where we answer legal questions commonly posed to us by our insurance  and corporate clients. If you have any burning questions that need quick answers, or if you have any suggestions for  questions in future newsletters, please e- mail Janeen at: [email protected]. This edition’s subject: Minor settlements Q: Does a […]


By: Janeen Koch Each year, Virginia Lawyers Weekly compiles a list of the million-dollar-plus jury verdicts that are reported to them by attorneys across the Commonwealth. In 2022, there were 18 such verdicts with the highest being an award of $15 million from  a Charlottesville jury. Historically, Charlottesville and Fairfax County have been fairly conservative […]


By: Janeen Koch Multiple bills passed in Virginia that will have an effect on the handling and evaluation of insurance claims. And more importantly, a proposed bill to abolish the contributory negligence defense, failed. Here is a summary of the noteworthy legislation that will, and will not, go into effect in July: Finding of guilt […]

Not My Circus, Not My Monkeys! Or… Is it? Condominium Casualty Losses and Insurance Issues

By: Olga S. Tseliak The following scenario is all too familiar for many who live in or manage a condominium: a pipe bursts in a unit, water is everywhere, panic ensues, with all those affected looking to the association to both stop the water leak and make the repairs. The initial instinct on the part […]

2023 Virginia Legislative Update Call to Order

By: Tiago D. Bezerra The Virginia General Assembly gaveled into session on Wednesday, January 11, 2023.  This year, in accordance with House Joint Resolution 471, the General Assembly will remain at work for forty-five days – a so-called thirty-day “short session” extended by legislative agreement for an additional fifteen days – when it is set […]

Changes to the DC Condo Act’s Warranty Provisions Set to Take Effect

By: Brad M. Barna                The DC Council recently made significant changes to the provisions of the DC Condominium Act (“Act”) relating to the warranty that each developer provides to condominium associations and unit owners. Specifically, pursuant to the Act, each developer of a condominium warrants the common elements […]

Addressing the Epidemic of Bad Behavior

By: Brendan P. Bunn            Across our client base, we have been witnessing an apparent uptick in incidents of bad behavior by community association owners and residents. Here are some examples: A disturbed resident in Northern Virginia, after two months of harassing neighbors and damaging common areas, was finally taken into […]

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