On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association.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On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al.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