Community association management contracts play a crucial role in defining the relationship between community associations and their management companies. This is the second installment of the series focusing on some key provisions of community association management contracts. In the first
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Ten Legal Pitfalls for Community Association Boards and Managers in Virginia
Community association boards and managers in Virginia play a vital role in maintaining the well-being of their communities. However, this role comes with numerous legal responsibilities and potential pitfalls. This article explores ten legal challenges that community association boards and managers…
Community Association Management Contracts Considerations: Indemnification
Community associations are engaged in multi-faceted and dynamic operations, often handling a wide assortment of items from handling reserve funds to arranging for swimming pool operations. There are also considerable administrative burdens in the operation of a community association such as…
Covenant Enforcement and the Automatic Bankruptcy Stay
Little can be more frustrating to an association than when a non-compliant homeowner files for bankruptcy. The bankruptcy laws are complex, and navigating them can be a challenge even for the most sophisticated managers. One of the broadest protections for…
Virginia Fair Housing Law and Community Associations: Procedural Background and Best Practices in Handling Complaints
Many people are generally familiar with the concept that housing providers, real estate agents, and property management companies are subject to state and federal fair housing laws. However, it is important to know that community associations are also subject to…
2021 Update: Opening HOA Pools in the Pandemic: Community Association Considerations in Opening Pools in Virginia Amongst the COVID-19 Pandemic
For more than a year, community associations have been struggling with managing the use of their pools amidst the COVID-19 pandemic. With ever-changing regulations, vacillating infection rates, and differing opinions on boards and within communities, the decision may be overwhelming.…
The Almighty Injunction
In the world of enforcing covenants, deeds, and restrictions, injunctions are one of the most powerful tools association managers have in their arsenal. An injunction is an order from a Court either requiring a homeowner to comply with particular rules…
Subrogation: Stepping into the Shoes of Another to Enforce Claims: the Virginia Supreme Court Hands Down an Opinion on Subrogation in the Context of a Condominium Fire
By recent decision, the Virginia Supreme Court weighed in on an insurance subrogation dispute arising out of a fire at a Virginia condominium. The case is illustrative as to situations that sometimes face community associations when there are casualty…
Collections Overview: A Summary of Collecting Delinquent Community Association Assessments
For those who live in a community with a homeowners association (also referred to in Virginia as a “property owners’ association” or a condominium association) (an “Association”), you are no doubt familiar with assessments that go toward landscaping, parks, and…
Opening HOA Pools in the Pandemic: Community Association Considerations in Opening Pools in Virginia Amongst the COVID-19 Pandemic
“When will the community association pools open?” No question has been on the forefront of community association board members and frazzled parents more. On March 12, 2020, Governor Northam issued an executive order, declaring a state of emergency due to…