Category Archives: Legal News

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

Virginia – Early Communication from Owner Critical to Avoid Consequences of Non-payment of Assessments (UPDATED)

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A condominium unit owners association in Virginia Beach was the subject of a news story yesterday (link after the jump) for suspending the right of a Unit Owner to use utility services (water) provided by the association for non-payment of assessments.

Section 55-79.80:2 A of the Virginia Condominium Act and Section 55-513 B of the Virginia Property Owners’ Association Act provide authority for community associations to:

suspend a unit owner’s right to use facilities or services, including utility services, provided directly through the unit owners’ association for nonpayment of assessments which are more than 60 days past due…

Continue reading Virginia – Early Communication from Owner Critical to Avoid Consequences of Non-payment of Assessments (UPDATED)

Virginia – Legum and Norman President John Rhodes Appointed to Governor McAuliffe’s Administration

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Associa L&N President John Rhodes Appointed to Governor McAuliffe’s Administration

RICHMOND, Va., March 21, 2016 (GLOBE NEWSWIRE) — Legum & Norman, an Associa company, is proud to announce President Johns Rhodes’ appointment to Virginia Governor Terry McAuliffe’s administration staff. The administration is focused on finding common ground with members of both parties on issues that will build a new Virginia economy and create more jobs across the Commonwealth.

 

National – Vigilance is Key in Addressing Abandoned Lots and “Zombie” Mortgages

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Although statistical data shows the battle against zombie mortgages (A property becomes a zombie when a creditor initiates foreclosure and the homeowner vacates then home.  When the creditor fails to complete the foreclosure, title to the real property remains with the original homeowner, leaving the ownership “half dead” and “half living”) is being won nationwide, abandoned lots, vacant units and zombie properties continue to have negative impacts on communities throughout the United States (unkempt proprties, maintenance issues, rodents, unpaid assessments and lack of community spirit).

Through vigilance, community associations can effectively address conditions caused by these zombie properties.

Continue reading National – Vigilance is Key in Addressing Abandoned Lots and “Zombie” Mortgages

Virginia – Chesapeake council to consider allowing developer to omit contaminants from disclosure (UPDATED)

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Chesapeake council to consider allowing developer to omit contaminants from disclosure

CHESAPEAKE The City Council could decide Tuesday to allow a developer not to share with new residents a list of contaminants – including elevated levels of arsenic, lead and petroleum hydrocarbons – found in the area’s shallow groundwater.

UPDATE:  At its meeting on March 15, 2016, the Chesapeake City Council unanimously denied the request for change in proffered contaminant language.