Over the many years I have been practicing in the community association law field I have seen and dealt with many boards of directors.  In doing so I have seen considerable variation in the level of interest and commitment of community members to serve on the board of directors. Some communities have the assistance of professional management companies and others are self-managed.  While a community may have professional management, it is the board of directors that is given the power and responsibility in the governing documents to operate the community.  Regardless of the type of management, a group of homeowners actively participating on the board and on committees is essential for the successful functioning of the association. 

Neighbor to neighbor disputes seem to be at an all-time high right now. Many times, the neighbors are trying to bring the Association into these battles. In order to best utilize the Association’s assets, Boards and managers must recognize when it is appropriate for the Association to engage, and when to stay out of the conflict.

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. 

For many condominiums, a secure and safe premises is the polar opposite of a liability: it is a feature and selling point to bring new residents into the community and increase the property value of individual units. From the perspective of condominium association budgets, most condominium association boards can easily defend, to residents, reasonable expenses on security in the common elements. Most if not all residents understand the need for security measures on the premises whether that expense includes merely exterior lighting in parking lots or a whole security suite of protections from video cameras and swipe-card locks to gates and guards. 

Finding a strategy for time management depends on your level of self-discipline and most importantly your personality. If you incorporate some or all of the strategies, you can manage your time more effectively.  You may wish for more time, but you only get 24 hours, 1,440 minutes, or 86,400 seconds each day.  How you use this time will depend on the skills you have learned.

There is a widespread belief among homeowners who live in associations, that if their assessments stay flat and do not increase, their community is in good shape and the Board is doing its job. And while it’s easy to understand the appeal of a historically flat budget, a lack of increases in an association’s assessments could be an indication of rough seas ahead. 

Community associations should take notice that Virginia recently became the final state to allow civil litigants a right to appeal a trial court final order.  

Under prior law, for most civil cases, appeal was not an automatic right. Instead, if a party wanted to appeal a final civil judgment from a circuit court, that party had to petition the Supreme Court of Virginia to take the appeal. A writ panel of three justices and/or senior justices would consider the request, and only grant the appeal if at least two justices on that panel agreed.  The appellee, or non-appealing party, had the option to file a brief in opposition to the petition, but did not have to do so.  The appellee did not present oral argument unless the writ panel accepted the case.  

What is Airbnb and VRBO?

Winston Churchill once stated that, “Plans are of little importance, but planning is essential.” There are several different facets of a community association that allow it to operate properly and effectively, but none so important as the organization’s financial stability.  Within the next couple of months, managers, Boards, and committees will begin acquiring costs of current contracts and projections for the upcoming year to start the arduous process of creating the operating budget for next year.

Within the world of condominium management, effectively managing high-rise buildings presents its own set of challenges. Below are a few of the major differences managers of high-rise communities face on a daily basis.

Let the sunshine in.  I am not talking about the popular 1969 song by The 5^th Dimension.  I am referring to the statutes governing Virginia community associations that require all meetings of a board of directors, including any subcommittee or other committee of the board of directors, where the business of the association is discussed or transacted, to be open to all owners of record[1]. These are known as “sunshine laws” and are the rule for community association meetings.  

As with most rules, there is an exception - executive session, during which it is permissible to “close” the door, so to speak.  Too often in our practice, we are reminded that the permitted reasons to convene in executive and procedure are not well understood. This article will uncharacteristically shine some light on executive session and examine what it is and how to do it correctly.

Are you managing the association or are you allowing the association to manage you? We all want to be proactive managers but what does that entail and how do you deal with all the items that creep into the day preventing you from dealing with the tasks that you planned to accomplish?

Virginia is fortunate to have thousands of square miles of water and coastline. However, waterfront property is not unlimited. It is also in great demand because people value waterfront access rights and the pristine views that come with it. Waterfront property with a pier or dock brings great joy to the family that enjoys recreational boating.