Tag Archives: rule enforcement

District of Columbia – Wilfred Welsh v. Beverly McNeil and Alvin Elliott (D.C. Court of Appeals)

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…

Wilfred Welsh v. Beverly McNeil and Alvin Elliott (D.C. Court of Appeals)

Virginia – Slippery slope for HOA’s

Moss Report-Refined #2

Northern Virginia and Fairfax County News – FairfaxTimes.comFor those who live in one of Fairfax County’s 1500-plus homeowner or condo associations, a recent piece of legislation in the General Assembly sparked an intense debate about the rules of suburban living. House Bill 791, co-sponsored by Fairfax Dels. Jim LeMunyon (R-Dist. 67) and Mark Sickles (D-Dist.

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Virginia – Relief from ‘homeowners association nightmares’: Gov. McAuliffe should veto Virginia bill (Editorial)

Relief from ‘homeowners association nightmares’The federal government has no equal in imposing intrusive, burdensome and annoying laws. State governments are usually more accommodating, because they’re closer to the governed, and the federal government has usurped so much of the authority over everything. But the best government may not necessarily be the government closest at hand.

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Virginia – Virginia General Assembly: Homeowner association bill gutted

Virginia General Assembly: Homeowner association bill guttedRICHMOND – Legislators have stripped controversial language out of a bill once meant to shift power in homeowner and condominium owner associations. The overhauled legislation then passed the House easily this afternoon. House Bill 791 once allowed association boards to grant themselves the power to fine property owners who failed to live by association rules.

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Virginia – Homeowners’ association bill stripped of fine powers

Virginia homeowners’ association bill guttedVirginia homeowners’ associations will not have the power to impose fines that are not in their declarations, after a contentious bill on the issue was revamped in committee. The final bill that passed both chambers of the legislature is stripped of that controversial provision.

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Virginia – Homeowners association bill hits skids

Homeowners association bill hits skidsRICHMOND – Legislation that would grant more power to some homeowners associations ran into trouble Thursday, as some of its support seemed to erode in the House of Delegates. House Bill 791 would allow homeowner and condiumium associations that don’t have the power to fine residents explicitly written into their governing documents to add that power more easily.

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Virginia – HOA reform bill hits obstacle in House

Moss Report-Refined #2

HOA reform bill hits obstacle in HouseThe House of Delegates may emerge as a bar against a General Assembly effort to empower weak homeowner associations to levy fines on rule breaking homeowners. The House voted 55-39 to reject a substitute version of House Bill 791 approved by the Senate Tuesday, with debate focusing on whether the legislation would unfairly interfere with contracts between homeowners and community associations.

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