Category Archives: Uncategorized
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 […]
Common Interest Community Board Updates Resale Disclosure Fees
By: Tiago D. Bezerra The resale disclosure statutes set forth in the Virginia Condominium Act (“Condo Act”) and the Virginia Property Owners’ Association Act (“POA Act”) establish certain maximum charges that can be assessed for preparing the requisite disclosure documents when an owner sells his condominium unit or lot in a common interest community association. […]
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 […]
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 […]