Category Archives: Legal News

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

Federal – HUD Issues Guidance on Use of Criminal Records by Housing Providers

Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions

Last week (April 4, 2016), the U.S. Department of Housing and Urban Development issued official guidance about how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history.

Continue reading Federal – HUD Issues Guidance on Use of Criminal Records by Housing Providers

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)

This Day in Virginia Condo Law: Plate v. Board of Directors, Kincannon Place Condominium Unit Owners’ Association, 30 Va. Cir. 323 (Fairfax County 1993)

Plate v. Board of Directors of Kidcannon Condominium Unit Owners Association

On April 5, 1993, the Fairfax County Circuit Court issued an opinion in Plate v. Board of Directors, Kincannon Place Condominium Unit Owners’ Association related to the scope of condominium association’s authority to regulate parking on common elements.

Continue reading This Day in Virginia Condo Law: Plate v. Board of Directors, Kincannon Place Condominium Unit Owners’ Association, 30 Va. Cir. 323 (Fairfax County 1993)

Virginia – New Development Under Construction at Duck-In Site

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Condos, apartments going up where Duck-In parties were held in Virginia Beach

VIRGINIA BEACH Maybe you were there for the last beach party at the Duck-In more than a decade ago. Brian Viau was. People packed into the gazebo with the blue roof and boaters beached along the shoreline for cold beer and dazzling sunsets where the Chesapeake Bay meets Lynnhaven Inlet.

It’s easy to forget that development sites had a long history before their current use.  Incorporating existing, iconic elements into the new development plan ties together generations.

One remnant of the Duck-In will live on for the condominium residents. The gazebo, built in the late 1980s, is still standing and will be renovated.”

Virginia – Leesburg Public Works Dept. to Offer Forum for Volunteer Leaders and Management Firms

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Leesburg Public Works Dept. to Offer HOA Forum

The Leesburg Department of Public Works and Capital Projects will hold a Public Works Open House for representatives from residential community management companies and officers of HOAs. The open house will be held in the lower level meeting rooms at Ida Lee Park Recreation Center Wednesday, April 6

On Wednesday, April 6, 2016, the Leesburg Department of Public Works and Capital Projects will host an open house for community management firms and community association volunteer leaders.

Continue reading Virginia – Leesburg Public Works Dept. to Offer Forum for Volunteer Leaders and Management Firms

Virginia – McAuliffe Signs Delegate Hope’s House Bill 1146

HB 1146 Local permitting or licensure; consent of common interest community association prohibited

Virginia House Bill 1146 was approved by Governor McAuliffe on Monday, becoming effective July 1, 2016.

House Bill 1146 prohibits a locality from requiring consent of a condominium unit owners association or property owners’ association prior to the issuance of a permit, certificate, or license, including a building permit or a business license.

Continue reading Virginia – McAuliffe Signs Delegate Hope’s House Bill 1146