On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association.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On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al.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
Tvardek v. Powhatan Village HOA
On February 12, 2016, the Virginia Supreme Court overturned a decision from the Circuit Court for the City of Williamsburg and James City County determining the one-year statute of limitations provided in Section 55-515.1 E of the Virginia Property Owners’ Association Act (“Act”) runs only from the date an amendment is “effective.”
Continue reading Virginia – Steven F. Tvardek v. Powhatan Village Homeowners Association, Inc.