Author Archives: Chadwick

Author Archives: Chadwick

Coronavirus & Your Community: Calming the Chaos

By Michael A. Sottolano The proliferation of Coronavirus (COVID-19) is affecting your daily life. People who have been exposed or are infected may be in your community. They may be your neighbors, friends, service provider or delivery driver. They may have recently used the elevator in your building, recreational facilities in your clubhouse, community pool […]

Associations and Virginia’s COVID19 Executive Orders – updated 5/5/2020

Governor’s Executive Orders – EO53 (social distancing and non-essential business) extended to May 14. “Phase 1” reopening may begin May 15.  EO55 still in place until June 10. Updated 5/05/20 EO55 – Stay-At-Home.  To fight the spread of the COVID-19 virus, Virginia’s Governor Northam issued EO-55, an executive “stay-at-home” order on March 30, 2020, to […]

COVID-19 and Associations: FAQs

Legal Disclaimer: This information is not intended to be legal advice. Legal advice must be tailored to the specific facts and circumstances of each case and each association’s governing documents. Also, it is not intended to be a full and exhaustive explanation of all legal considerations, nor should it be used to replace the individualized advice […]

What Does “Good Standing” Mean? 

Do you know?  With respect to community associations, the term appears twice in the Virginia Condominium Act (Section 55.1-1939, pertaining to unit owner rights, and Section 55.1-1945, pertaining to inspection and copying of association books and records) and twice similarly in the Virginia Property Owners’ Association Act (Section 55.1-1807, pertaining to lot owner rights, and 55.1-1815, pertaining to inspection and […]

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 […]

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