Several Appeals to Virginia Supreme Court Pending affecting Community Associations

Virginia_supreme_court_seal[1]The Virginia Supreme Court is scheduled to hear several appeals over the next few months that affect community associations and business partners in Virginia:

HEATHER GRAHAM v. COMMUNITY MANAGEMENT CORPORATION (Record Number 161066)

From The Circuit Court of Fairfax County

Date Granted: 11-03-2016

Continue reading Several Appeals to Virginia Supreme Court Pending affecting Community Associations

Hartmann, et al v. Carriage Court II Homeowners Association

On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al. v. Carriage Court II Homeowners Association, Inc., finding no reversible error in the judgment of the Circuit Court of Montgomery County that association was a valid property owners’ association subject to the Property Owners’ Association Act.

Carriage Court II continues a string of recent cases in Virginia related to the applicability of the Property Owners’ Association Act with an appeal granted in a similar matter, Shepherd, et al. v. Conde, et al. in September 2016.

The full text of Carriage Court II is available after the jump.

Continue reading Hartmann, et al v. Carriage Court II Homeowners Association

HUD Issues Final Rule Related to “Hostile Environment Harassment” Under the Fair Housing Act

On September 14, 2016, HUD issued the final rule entitled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act .

This final rule amends HUD’s fair housing regulations to:

  • Formalize definitions of ‘‘quid pro quo harassment’’ and ‘‘hostile environment harassment’’ under the Fair Housing Act;
  • Formalize standards for evaluating claims of quid pro quo and hostile environment harassment under the Fair Housing Act;
  • Add illustrations of prohibited quid pro quo and hostile environment harassment to HUD’s existing Fair Housing Act regulations; and,
  • Identify traditional principles of direct and vicarious liability applicable to all discriminatory housing practices under the Fair Housing Act, including quid pro quo and hostile environment harassment.

 

A further summary and the full text of the final rule are available after the jump.

Continue reading HUD Issues Final Rule Related to “Hostile Environment Harassment” Under the Fair Housing Act

Federal – Amateur Radio Parity Act of 2016 Passed in U.S. House of Representatives

After months (years) of negotiation and revision, HR 1301 was passed by the U.S. House of Representatives and is on its way to the U.S. Senate for consideration.

According to the Community Associations Institute’s Government Affairs blog, the amended version of HR 1301 provides, among other things, that:

  • HAM radio operators are required to obtain the prior consent of the association to install an outdoor antenna
  • HAM radio operators are prohibited from placing antennas on common property, and
  • associations may establish written rules concerning outdoor HAM radio antennas.

The full text of the bill is available after the jump.

Continue reading Federal – Amateur Radio Parity Act of 2016 Passed in U.S. House of Representatives

Federal – Obama signs H.R. 3700, Housing Opportunity through Modernization Act

The Community Associations Institute Government Affairs Blog reports here that President Obama has signed H.R. 3700, the Housing Opportunity through Modernization Act, making the Act federal law.

According to the patron, Congressman Blaine Luetkemeyer’s (MO-03), the legislation includes provisions to:

  • Ensure that veterans have fair access to housing and homeless assistance programs.
  • Authorize the Rural Housing Service single family housing guaranteed loan program to delegate approval authority to preferred lenders.
  • Extend the period for which a family could use a family unification housing voucher and increase the ceiling for the Family Unification Program voucher age requirement.
  • Provide a thoughtful limitation on public housing tenancy for over-income residents.

And, as reported previously, H.R. 3700 reforms the process used by the Federal Housing Administration (FHA) to determine if condominium unit owners qualify for a mortgage with FHA insurance (FHA does not originate mortgage loans, but instead insures mortgages against default).

The full text of the bill is available after the jump.

Continue reading Federal – Obama signs H.R. 3700, Housing Opportunity through Modernization Act

Virginia – Fredericksburg Association requests City utilize undeveloped, profferred land

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What happens to land proffered during development that is not used by the locality? Usually, nothing.

In 2003 Fredericksburg proffered (required the developer give to the City) a 27-acre site for use as a high school during the development of The Village of Idlewild.  Instead of building a new school on the site, the City rebuilt its James Monroe High School on the existing property.

Now, the City owns several vacant lots within the Village of Idlewild and community association volunteer leaders are asking city officials to put at least one of the lots to better use – to build a park for use by City residents.

Continue reading Virginia – Fredericksburg Association requests City utilize undeveloped, profferred land

Virginia – First Condominium Approved by Fairfax County in Tysons Transformation Plan

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The first condominium to be built under Fairfax County’s plan to transform Tyson’s Corner will be The Arbor, a 25-story luxury high rise on the corner of West Park Drive and the Jones Branch Drive Extension.

Continue reading Virginia – First Condominium Approved by Fairfax County in Tysons Transformation Plan

Virginia – River Mill, a 1,035-home Development, Coming to Henrico in 2017

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On Tuesday, April 12, 2016, the Henrico County Board of Supervisors approved a large new residential development by HHHunt Communities. Construction should begin next year.

According to the Richmond Times-Dispatch (link to article after the jump):

HHHunt Communities plans to build 450 single-family homes, 300 town houses and 285 apartments in what it is calling River Mill. According to documents, homes are expected to start at $340,000, but houses on 80-foot-wide lots along the Chickahominy River will begin at $420,000. Town houses will range from $240,000 to $290,000, and apartments will rent for $780 to $1,500 a month.

Continue reading Virginia – River Mill, a 1,035-home Development, Coming to Henrico in 2017

One lawyer's compilation of online legal resources and comments related to issues involving condominiums, HOAs, timeshares and cooperatives in Virginia and the District of Columbia.