The CWMEB Journal

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Hey You! Get Off My Common Area!

By Lesley A.Z. Rigney While association members generally possess easement rights to use and access common area properties and facilities of the association, may members store, alter, build or grow items on the association’s common area? The answer… Generally, No!   Unless permitted by the association’s governing documents or rules adopted by the association’s board […]

The Most Important Thing Any Association Does

By Brad M. Barna I will often ask clients what they think is the most important thing that common interest community associations do. Many will say maintaining desirability via maintenance of common areas. Others will say the provision of amenities is most important or that the protection of a common aesthetic by regulating architectural design […]

Dealing with Tricky Tree Issues

By Michael Sottolano and Lauren Ritter Disputes can arise between owners and their association regarding who is responsible for maintenance or removal when once healthy trees in the community begin to show signs of death or disease, especially when the trees are located near homes or other structures.  Whether the association or owner is responsible […]

Revisiting Flag Restrictions on Flag Day

By Tiago D. Bezerra On June 14, 1777, the Continental Congress adopted a resolution establishing the general design of the flag of the United States of America.  In fall 1949, over one hundred seventy years later, June 14th was designated as Flag Day, a day of national observation for all Americans.  In recognition of Flag […]

2022 Virginia Legislative Update

By Tiago D. Bezerra For the first time since 2014, the Virginia General Assembly convened with the legislature featuring divided party control between the Republican-controlled House of Delegates and the Democrat-controlled Senate.  The previous two sessions featured Democratic control of both houses of the General Assembly, and the five legislative sessions before that were under […]

What Community Associations Need to Know About Virginia’s Latest COVID-19 Safety Guidelines

VOSH Revokes the Virginia Permanent COVID-19 Standard. In these continuing strange and challenging times, it is not always easy to keep up with the latest information and regulations regarding COVID-19, and their impact on our communities.  When it comes to association obligations, it continues to evolve, every day.  Below, please find a summary of the […]

Update on Virginia Law: Covenants On Solar Panels

Update on Virginia Law: Covenants Restricting Solar Panels By: Dan Blom Solar Panel Provisions Find a New Home Effective October 1st, please be aware that the statutory provisions restricting the authority of associations to prohibit solar panels (and other solar energy collection devices) found a new “home” in the Virginia Code. Specifically, the restrictions formerly […]

Complying with New FDCPA Regulations

COLLECTIONS CORNER: The “Validation Notice” and Complying with New FDCPA Regulations By: Allen Warren If your association refers delinquent accounts to our firm (or any other law firm or collection agency), you may notice a few changes to debt collection policies and procedures, such as references in collection status reports to sending a “validation notice” […]

DC Council Approves Virtual Condominium Membership Meetings

There is big news for DC condominium associations regarding their ability to hold virtual annual membership meetings. After emergency COVID legislation allowing virtual meetings had expired, the DC Council has finally re-authorized electronic meetings for DC condominium associations effective immediately. Since 2014, DC condominium boards of directors have been able to hold meetings virtually; however, […]

Early Lessons from the Condominium Collapse

The tragic collapse of the Champlain Towers South in Florida has brought a laser focus to the community association industry, particularly issues involving evaluation of structural components and the way volunteer boards manage their communities.  While it remains too early to tell the precise reasons for the collapse and any potential misjudgments that led to […]

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