Tag Archives: HOA

Virginia – 2017 General Assembly Update for Community Associations – Adjournment Sine Die

March 2, 2017 (Reprinted from Vandeventer Black’s Community Association Newsletter)

 This past Saturday, February 25, 2017, the Virginia General Assembly adjourned sine die and will not reconvene again until the “veto” session is scheduled for April 5, 2017.

In all, 2,959 bills and resolutions were introduced during the 2017 session and 242 bills were carried over from the 2016 session.  Of the bills considered, 1,773 were passed by both the Senate and the House of Delegates and forwarded to the Governor for signature.  A total of 1,428 bills failed.  The Governor has already vetoed seven bills and more may still veto more over the next few weeks.

Although some would classify this year’s session, a session immediately following to a Presidential election and immediately prior to a statewide election, as “uneventful,” Vandeventer Black attorneys tracked almost 80 bills affecting community associations during the 2017 session.

Of those 80 bills, we more closely monitored 28 bills directly affecting community associations.  But, all in all, there are few significant changes affecting Virginia community associations, as described below:  Continue reading Virginia – 2017 General Assembly Update for Community Associations – Adjournment Sine Die

HUD Issues Final Rule Related to “Hostile Environment Harassment” Under the Fair Housing Act

On September 14, 2016, HUD issued the final rule entitled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act .

This final rule amends HUD’s fair housing regulations to:

  • Formalize definitions of ‘‘quid pro quo harassment’’ and ‘‘hostile environment harassment’’ under the Fair Housing Act;
  • Formalize standards for evaluating claims of quid pro quo and hostile environment harassment under the Fair Housing Act;
  • Add illustrations of prohibited quid pro quo and hostile environment harassment to HUD’s existing Fair Housing Act regulations; and,
  • Identify traditional principles of direct and vicarious liability applicable to all discriminatory housing practices under the Fair Housing Act, including quid pro quo and hostile environment harassment.

 

A further summary and the full text of the final rule are available after the jump.

Continue reading HUD Issues Final Rule Related to “Hostile Environment Harassment” Under the Fair Housing 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

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)

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.