Author Archives: chadwick
HUD’s Latest Guidance Regarding Service/Support Animals
In late January 2020, the Department of Housing and Urban Development (“HUD”) issued updated guidance regarding service / support animals as “reasonable accommodations” pursuant to the Fair Housing Amendments Act of 1988, specifically 42 U.S.C. 3604f(3)(B). Of note is that this “guidance” does not have the force of law or even federal regulation. Failure by a housing provider to abide by the guidance “does […]
You MUST Beat the Architectural Review Shot Clock
March Madness would be approaching right now, if the NCAA tournament had not been cancelled because of COVID-19. This article was written before that unfortunate occurrence. Nevertheless, we’ll stand pat on the basketball analogy to remind our association clients to keep their eyes and minds on the (figurative) shot clock relative to their architectural application […]
COVID-19 and Common Interest Communities: Practical Advice for Association Leaders
Updated March 26, 2020 The Coronavirus pandemic (“COVID-19”) has caused a major public health crisis in the United States and is having a significant effect on community associations, particularly as more Americans are asked to stay at home to quell the spread of the virus. While it is unclear what the coronavirus’s ultimate impact will be, […]
Virginia Supreme Court Ruling: Can Your Association Regulate Holiday Lighting?
In late August 2019, the Virginia Supreme Court issued a ruling that overturned a homeowners’ association’s guidelines regarding holiday decorations. In Sainani v. Belmont Glen Homeowners Association, Inc., the Court ruled that Belmont Glen did not have the requisite authority in its recorded declaration to regulate seasonal or holiday lighting, continuing a trend whereby the […]
Revised Virginia CICB Disclosure Forms Now Available
As we reported in our Seminar Series, the 2018 Virginia General Assembly passed legislation effective July 1, 2018, directing the Virginia Common Interest Community Board (CICB) to revise the CICB Disclosure Form that accompanies POA disclosure packets. The legislation also required the CICB to create a new similar Disclosure Form to accompany Condominium resale certificates. These […]
HUD tweaks FHA Project Approval Standards – Condominiums with Less Than 50% Owner-Occupancy Can Apply for Exception
As we reported last year, a 2016 law directed HUD to loosen its approval standards so that condominiums with less than a 50% owner-occupancy ratio could potentially qualify for approval. Under rules issued at the end of 2016, a condominium that has an owner-occupancy ratio below 50% (but no lower than 35%) can apply for […]