On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association.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.
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
On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al.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
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
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
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
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
Last week, Federal Housing Finance Agency, Freddie Mac and Fannie Mae released standardized Condominium Project Questionnaire forms.
According to Freddie Mac’s website, “The new forms provide greater consistency and clarity for lenders as they work to collect information to determine eligibility for mortgages secured by units in condominium projects.”
Continue reading National – Standardized Condominium Project Questionnaires Released by FHFA, FNMA and Freddie Mac