Category Archives: Virginia

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On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association.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On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al.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

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

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)

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.”