Tag Archives: law

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

Federal – The Housing Opportunity through Modernization Act Reforms Federal Housing Administration Project Approval Requirements

The Housing Opportunity through Modernization Act Reforms Federal Housing Administration Project Approval Requirements | Lexology

Since 2009, condominium associations have raised concerns about changes to the Federal Housing Administration (FHA) project approval requirements and…

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On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association.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.

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On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al.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

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