On June 29 2017, the District of Columbia Court of Appeals issued a decision in Wilfred Welsh v. Beverly McNeil and Alvin Elliott (argued more than a year earlier, on May 12, 2016 and embedded below).
In a decision that could impact conduct by an individual director and have a chilling effect on actions by individual members, the Court held that a board’s granting of a waiver on behalf of the association bound the entire association, including individual members, precluding them from enforcing a restrictive covenant.
The Court also ruled that an individual director could be personally liable under the Fair Housing laws and D.C. human rights law for certain behaviors. The matter was remanded back to Superior Court for review, so more to come…
Wilfred Welsh v. Beverly McNeil and Alvin Elliott (D.C. Court of Appeals)
On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association. This order, in Bodak, et al. v. Mayne, et al., finds that a private easement exists on a lot for access of the Shenandoah River that was established on a subdivision plat.
The full opinion and more info available after the jump.
Continue reading Bodak, et al. v. Mayne, et al.
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
On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al.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
D.C., et al. v. Department of Labor, et al.
On April 5, 2016, the U.S. Court of Appeals for the D.C. Circuit determined whether the Davis-Bacon Act applies to the construction of CityCenterDC. According to the Court, CityCenterDC is a large private development in the heart of Washington, D.C. It features upscale retail stores such as Hermès, Boss, and Louis Vuitton; high-end restaurants such as DBGB and Centrolina; the large private law firm of Covington & Burling; and luxury residences.
Continue reading District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act
California Building Industry Ass’n v. San Jose – Denial of Cert
The U.S. Supreme Court refused review of the California Supreme Court decision in the case California Building Industry Association vs. San Jose, leaving the California Supreme Court decision in place.
The case (and related decisions) has important implications for issue that remains “unsettled” under the Takings Clause of the U.S. Constitution.
Continue reading California – U.S. Supreme Court Denies Review of Affordable Housing Law, for now
Ruiz v. Millennium Square Residential Association
On January 13, 2016, the United States District Court for the District of Columbia issued an order upholding an arbitration provision contained in the recorded Bylaws of Millennium Square Residential Association in NW Washington, DC.
Continue reading District of Columbia – Ruiz v. Millennium Square Residential Association
Tvardek v. Powhatan Village HOA
On February 12, 2016, the Virginia Supreme Court overturned a decision from the Circuit Court for the City of Williamsburg and James City County determining the one-year statute of limitations provided in Section 55-515.1 E of the Virginia Property Owners’ Association Act (“Act”) runs only from the date an amendment is “effective.”
Continue reading Virginia – Steven F. Tvardek v. Powhatan Village Homeowners Association, Inc.