As we step into 2025, the community association management industry continues to evolve rapidly. From technological advancements to shifting resident expectations, today’s community managers must be more adaptable, tech-savvy, and forward-thinking than ever before. The days of simply enforcing governing documents and coordinating maintenance are long gone—today’s managers are strategic leaders, financial experts, and customer service professionals all in one.

On Dec. 23rd, the Fifth Circuit Court of Appeals granted a stay over the injunction issued by the U.S. District Court for the Eastern District of Texas earlier this month, and issued a court order reinstating the January 1, 2025, beneficial ownership information (BOI) filing deadline under the Corporate Transparency Act (CTA) for applicable community associations required to file under federal statute.

While the recently celebrated Independence Day, that is not the only special occasion this summer. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on July 1, 1974. It superseded the Horizontal Property Act, which was enacted in 1962. Condominiums are purely “creatures of statute” meaning that without the laws permitting them, they would not exist. In other words, they are a legal entity created by statute. The Act is a legislative marvel, crafted by deep thinkers and innovators. It was a new breed. 

The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium unit owner associations, which take effect July 1, 2024.

This month, the CAI Board of Trustees approved filing a lawsuit to exempt and protect community associations from burdensome requirements outlined in the Corporate Transparency Act. The suit challenging the U.S. Department of Treasury’s restrictive obligations underscores CAI’s unwavering commitment to protecting the community association housing model and its members’ interests.

Tel. Square v. 7205 Tel. Square LLC, 77 Va. App. 375 (April, 2023)

Effective January 1, 2024, most Virginia community associations will be required to comply with the federal Corporate Transparency Act (“CTA”) and its regulations, unless a community association fits within one of the narrow exemptions to the Act. 

CAI is calling on members and advocates to learn more information about a federal law that has a sweeping impact on most community associations incorporated in the U.S. We need your help to educate Congress about the unintended consequences of this law and urge them to delay implementation and exempt community associations from the requirements.

Tis the season for community association holiday and year-end parties.  With such festive and fun-filled events, come certain responsibilities and measures community association should consider. Below is a list of suggested items that should be reviewed prior to an association-sanctioned or association-hosted holiday party. 

Effective July 1, 2023,  the various resale provisions in the Virginia Property Owners’ Association Act, Condominium Act, and Cooperative Act have been removed and consolidated into a new single act known as the Resale Disclosure Act, which is located in Chapter 23.1 of Title 55.1 of the Virginia Code.  The new Resale Disclosure Act groups resale provisions together for Virginia property owners’ associations, condominium associations, and cooperatives, and collectively refers to them as “resale certificates.”

The past decade has seen an explosion in the popularity of electric vehicles.  All expectations are that this popularity will continue to grow.  There are many makes and models of electric vehicles, and they can be classified as either battery electric vehicles (“BEVs”) or plug-in hybrid electric vehicles (“PHEVs”)—both of which need to be charged by plugging into an outlet or charging station.  

The General Assembly had a busy session that involved consideration of proposals for new laws that would affect community associations.  The Virginia Legislative Action Committee monitored dozens of bills.  In addition to supporting some legislation, many of the LAC’s efforts are expended in opposing bills that ultimately do not become law or suggesting modifications to proposed legislation.  The LAC’s lobbying team provides subject-matter expertise to legislators in community association policy and insight into how proposed legislation would affect associations and other stakeholders. 

We are on the cusp of Spring, which means Summer is just around the corner. And pool season is the hallmark of Summer. In addition to securing a pool service contractor and/or lifeguards, community associations should consider the broad spectrum of responsibilities and measures related to the pool. Below is our suggested checklist of items for community associations to review well before the start of pool season for maximum protection.

"Our Board Just Inherited a Host of Old Violations - What Should We Do?" 

We often get calls from new board members after transitioning from developer control. They have questions like this one: Some of the homeowners have added fences, above-ground pools, and sheds without getting approval from the Association. Many of these changes do not appear to meet the standards that are part of our documents. No action has been taken to correct these violations. How do we go about enforcing the covenants and rules?

Architectural control sets the “bar,” if you will, or expectation of design and structural aesthetics within a community. Maintaining architectural control within a planned community is critical for everyone – Think about it: you have owners trying to sell their properties at the highest values, you have buyers that want to purchase a well-maintained home surrounded by equally well-maintained homes and common areas. You also have professionals for hire and volunteers (Community Managers, Legal Counsel, Business Partners, Board and Committee Members, etc.) that are needed to aid in the operation of a community. If you are someone from the aforementioned groups, would you want to sell, purchase, or work with a community that has lost sight of maintaining architectural control and compliance? Probably not.

Tis the season for community association holiday and year-end parties.  With such festive and fun-filled events, come certain responsibilities and measures community association should consider. Below is a list of suggested items that should be reviewed prior to an association-sanctioned or association-hosted holiday party. 

While video doorbells seem to be ‘all the rage’ lately, they bring about quite a few concerns related to privacy, especially in common interest communities. The balance is between one’s right to the latest technology securing their home for package deliveries, for example, with the reality of a camera and audio recorder capturing additional footage of one’s neighbors. It is important to review the governing documents in place in your community to determine if the installation of such devices are a violation, missing from the governing documents entirely, or a regulated addition.  

Security threats can attack a company from all angles. You might have a security guard at the door to keep out unwanted visitors. Perhaps you have security cameras to keep an eye on things when you are not around. You likely have an anti-virus software to prevent a technical attack. But what do you do when a scammer tries to trick one of your employees into giving up sensitive information through an email?

Disputes can arise between owners and their association regarding who is responsible for maintenance or removal when once healthy trees in the community begin to show signs of death or disease, especially when the trees are located near homes or other structures.  Whether the association or owner is responsible (and could be held liable for damages which result if the tree, or a part thereof, encroaches on neighboring property or falls and causes injury or damage) will often depend on whose property the tree is located on, whether modifications or alterations have been made to the property, and what the association’s governing documents provide.