Category Archives: Court Opinions

Bodak, et al. v. Mayne, et al.

On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association.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.

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On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al.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

District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act

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

This Day in Virginia Condo Law: Kuehn v. Carlyle Towers Condominium Unit Owners Association (Alexandria Cir. Ct. 2011)

Kuehn v. Carlyle Towers Condominium Unit Owners Ass’n

On April 8,  2011, Judge Swersky sitting on the Alexandria Circuit Court, ruled in favor of Carlyle Towers Condominium Unit Owners Association in a claim related to water damage.

Continue reading This Day in Virginia Condo Law: Kuehn v. Carlyle Towers Condominium Unit Owners Association (Alexandria Cir. Ct. 2011)

This Day in Virginia HOA Law: Fried v. Dunkerton, Augusta County Cir. Ct. (1994)

Fried v. Dunkerton (Wintergreen)

On April 7, 1994, the Judge Thomas H. Wood of the Augusta County Circuit Court decided Fried v. Dunkerton.

Continue reading This Day in Virginia HOA Law: Fried v. Dunkerton, Augusta County Cir. Ct. (1994)

California – U.S. Supreme Court Denies Review of Affordable Housing Law, for now

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

District of Columbia – Ruiz v. Millennium Square Residential Association

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

Virginia – Steven F. Tvardek v. Powhatan Village Homeowners Association, Inc.

 

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.