The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff’s action seeking to recover attorney fees she incurred in defending a prior action. The trial court concluded that Rule 3:25 precluded Plaintiff from requesting attorney fees because she failed to request such fees in the underlying litigation.
This Public Information Pamphlet from the Virginia State Bar Real Property Section Common Interest Community Committee is offered as a public service to answer certain basic questions about resale disclosure in Virginia common interest community associations and provide general guidance about important portions of a resale disclosure document that should be given careful attention.
Virginia Lawyers Weekly has announced the 2017 class of “Up & Coming Lawyers.” This awards program, started last year, recognizes lawyers across the commonwealth who are making their mark within their first 10 years of practice. These are the lawyers who are the leaders of the profession in the future.
On June 29 2017, the District of Columbia Court of Appeals issued a decision in Wilfred Welsh v. Beverly McNeil and Alvin Elliott (argued more than a year earlier, on May 12, 2016 and embedded below).
In a decision that could impact conduct by an individual director and have a chilling effect on actions by individual members, the Court held that a board’s granting of a waiver on behalf of the association bound the entire association, including individual members, precluding them from enforcing a restrictive covenant.
The Court also ruled that an individual director could be personally liable under the Fair Housing laws and D.C. human rights law for certain behaviors. The matter was remanded back to Superior Court for review, so more to come…
On August 11, 2017, the Common Interest Community Board convened a special meeting to consider revisions to the Property Owners’ Association Disclosure Packet Notice (the CICB initially adopted revisions to the Notice at their June 8 meeting) after concerns were raised about language related to a purchaser’s right to rescind a sale contact.
The newly revised notice is available on the Common Interest Community Board website at http://www.dpor.virginia.gov/Boards/CIC-Board/.
A Corporate Formality with Significant Implications – Carefully Select your Community Association’s Registered Agent | Lexology
Virginia law related to registered agents is deceptively simple: Every corporation authorized to transact business in Virginia (including incorporated…
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
Over the last decade, community associations (like other businesses) have been forced to navigate the “Great Recession” and continued recovery. The…
In our inaugural issue in October, 2016, we reported that HOTMA was unanimously approved in the U.S. House of Representatives and Senate and signed…