The Virginia General Assembly passed hundreds of bills during the 2020 legislative session. For those who lead, live in, or associate with community associations, many of these changes could impact the day to day operations of how individuals and these associations interact. Below is a summary of some of the General Assembly’s more significant recent
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COVID-19 and Remote Community Association Meetings: A Closer Look at the Legal Requirements, and an Update on Virginia General Assembly’s Emergency Action
Given the worldwide coronavirus pandemic, many states have issued stay-at-home orders, and taken action to limit public gatherings. Given this sudden and extraordinary legal change, many community associations are facing difficulty in scheduling their meetings (annual and special meetings of members). Specifically, many community associations are facing the logistical challenge of conducting these meetings, via
ADA and Community Associations: Best Practices in Handling Requests
Most people are generally familiar with the concept that hotels, restaurants, and other places of public accommodation are subject to the Americans with Disabilities Act (“ADA”). However, as we have mentioned before on this blog, community associations can fall under the scope of the ADA as well.
The ADA is a sweeping set of
Spoliation and Records Retention Best Practices: When Parties Have A Legal Duty to Preserve Relevant Documents/Evidence
Even the most careful community association is bound to have the occasional dispute with an owner, a municipality, or vendor. Typically, documents are created, records are made, and emails and letters are exchanged. What records, if any, should a community association retain?
In some circumstances, parties are under a legal obligation to preserve relevant documents
Tort Liability and Short-Term Rentals: What Owners and Community Associations Should Know
The internet has undoubtedly changed the way people work, shop, travel, and consume. The internet, specifically Airbnb, is also changing how people view and arrange for housing. According to AirBnb’s website, over two million people book on AirBnB each and every night. AirBnB has listings in over 81,000 cities in over 191 countries. Short-term
Emotional Support Animals and the FHA: What Community Associations Should Know
In a previous post, we discussed Dexter the (almost) flying emotional support peacock. In this post, we turn our attention to Maybelline the emotional support pig in the great state of Florida. Maybelline is at the center of a dispute between her owner and her owner’s HOA. The owner claims that she suffers from
What should our Condominium Association Insurance Cover? Part II – Condominium Instruments & Association Insurance
Though not legally required, most condominium instruments provide that the association must carry hazard and liability insurance in order to protect the membership from disaster and the financial strain of litigation. The instruments may also specify the amount of the deductibles that the association’s various types of coverage will have; if not, the deductibles
What should our Condominium Association Insurance Cover? Part I – Intro and Statutory Framework
Insurance is one of those necessities of life that we avoid thinking about until a problem occurs. At that point, we realize that the details of our policies do matter and that we probably should have spent more time reviewing them before it was too late.
Fortunately, many insurance providers are knowledgeable about the types
Assistance Animals and the ADA: What Community Associations Ought to Know
Many may recall the recent story about the airline traveler seeking to bring an emotional support peacock (Dexter) on board an airplane. While the story received much national publicity, the reality appears to be that assistance animals and emotional support animals are becoming more commonplace in everyday life. Stories such as Dexter’s present some interesting
Virtual HOA Meetings?: Virginia’s General Assembly Makes It Easier For Property Owners’ Associations To Hold Entirely Electronic Meetings
Association (both property owners’ association and condominium association) meetings are typically held at the community clubhouse or other local building. However, with the increasing availability and utility of technology, virtual meetings are becoming more commonplace.
Virginia’s General Assembly (Virginia’s state legislature) recently passed legislation, House Bill 1205 (the “Amendment”), amending the Virginia Nonstock Corporation Act,