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ASKED AND ANSWERED

By: Henry Moore 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]   Q:         Why do things move so quickly […]

EXPANDED DUTY OF LANDOWNERS TO CONTROL CONDUCT OF THIRD PARTIES ON THEIR PROPERTY

By: Janeen Koch In order to establish liability for negligence against a landowner, it first must be established that a legal duty is owed. Whether a legal duty in tort exists under a particular set of circumstances has been an issue that the Virginia Supreme Court has often had to grapple with. Of course, all […]

NEW VIRGINIA LEGISLATION ELIMINATES UIM CREDIT

By: Janeen Koch New legislation in Virginia will significantly change insurers’ exposure under the UIM coverage provisions of the auto policies they issue. The amended statute, which becomes effective July 1, 2023, provides that insurers will no longer receive the benefit of any credit or offset for available liability coverage. Prior to passage of this […]

Regulating Holiday Displays

By Michael A. Sottolano Regulating holiday displays can be a tricky topic and association boards of directors are well advised to keep certain things in mind when dealing with it.  With the holiday season upon us now is a great time to brush up on some important principles when it comes to adopting and enforcing […]

But My Constitutional Rights?!

By Tiago D. Bezerra Among the criticisms often levied at community associations is a claim that boards of directors cannot infringe on residents’ Constitutional rights.  With Bill of Rights Day being celebrated on December 15th, marking the anniversary of the ratification of the first ten amendments to the United States Constitution in 1791, now is […]

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 […]

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