Co-Presenter: "Business Partner Essentials," Community Associations Institute (April 13, 2023)
Speaker: "Smoking and Other Odors – New Smoking Legislation, Regulating Smoking, Managing Complaints and Setting Policy," Cardinal Management Board of Directors (October 7, 2021)
Speaker: "Fair Housing Issues Part 1: Pools, Pets and Parking," Washington Metropolitan Chapter Community Associations Institute Conference & Expo (June 11, 2021)
Speaker on community association matters for the Washington Chapter of the Community Association's Institute
Co-Speaker: “Fair Housing and Animals - A Primer for Community Associations,” Webinar (April 8, 2020)
Speaker: "Fair Housing Hot Topics and D&O Liability," Washington Metropolitan Chapter Community Associations Institute Conference & Expo (February 22, 2020)
Speaker: "Practicing in Your Personality: How to Thrive as a Community Association Lawyer," Community Association Institute Annual Law Seminar (January 17, 2020)
Speaker: "Your Community, You're Connected: Association Communications," Fairfax County Government Channel 16 (January 29, 2019)
Speaker: "Your Community, You're Connected: Assessments, Penalties and Collections," Fairfax County Government Channel 16 (January 10, 2017)
Co-Author: "HUD Adopts New Rules Clarifying Associations' Liability For Harassment And Third Party Conduct Under the Fair Housing Act," Currents Magazine, Southeastern Virginia Chapter of CAI (December 2016)
Speaker: "Your Community, You’re Connected: Planning Successful Meetings," Fairfax County Government Channel 16 (February 9, 2016)
Co-Presenter: Falling Waters, CAI Manager Luncheon (March 2015)
ARTICLES
September 14, 2021
In 2016, HUD adopted new guidelines acknowledging the obligation of housing providers, such as community associations, to prevent severe or pervasive offensive remarks or hostile behavior based on a person’s race, color, religion, sex, disability, familial status, or national origin. See 81 FR 63054 (2016). Under the new guidelines, community association boards must exercise proper care when they receive complaints that residents are being discriminatorily harassed in the community.
March 2, 2021
A growing interest in a clean and alternative energy source led the Virginia General Assembly to adopt the "Virginia Clean Economy Act" in 2020. Due to the Act's adoption, companies selling solar energy collection devices have increased solicitations in community associations. Boards of directors are seeing a resulting increase in the number of applications for solar panel installations in their communities. Therefore, this is a good time for associations to review their existing policies that relate to solar panels and consider what, if any, reasonable regulations they should adopt given the strictures of the Act.
March 9, 2020
On January 28, 2020, the U.S. Department of Housing and Urban Development issued an FHEO Notice, which provides additional guidance to housing providers in assessing a person’s request to have an animal as a reasonable accommodation under the federal Fair Housing Act (“FHA”). The full text of the notice can be found
here.
This document replaces HUD’s prior guidance on assistance animals from 2013 and includes particularly detailed direction to housing providers, such as community associations, regarding protocols they should use in assessing a reasonable accommodation request for an animal and specific questions they can ask of disabled persons and their health care providers. Further, HUD addresses the information from a disabled owner that does and does not reasonably support a request for an accommodation, and dismisses as insufficiently reliable documentation from websites that sell certificates, registrations, and licensing documents to anyone who answers certain questions or participates in a short interview and pays a fee.
February 6, 2020
Almost invariably, a limitation on use of units or lots for “residential purposes only” is one of the first covenants found in governing documents. But, where should one look to in determining what qualifies as permissible “residential purposes” when your association’s restrictive covenants say nothing more? Virginia courts do not favor restrictions on the use of real property and construe restrictive covenants strictly, resolving substantial doubt or ambiguity in favor of the free use of property and against restrictions.
February 6, 2020
Community associations, as a general rule, have greater success in collecting delinquent assessments if they act promptly to collect such amounts from the delinquent owner. Federal law, however, makes this more difficult and time consuming when the delinquent owner is a military service member. The same law can delay any lawsuit involving a service member, including those brought for covenant enforcement. Associations are not without enforcement options when dealing with service member owners, but should prepare themselves for legal proceedings to take longer and involve greater cost. To avoid or reduce these difficulties, associations should consider using their internal procedures to resolve delinquencies and covenant disputes with service members before proceeding with a lawsuit.
July 5, 2017
The Board of Supervisors for Fairfax County has created a working group to draft zoning regulations for Short-Term Rentals in the County and to establish a registry. The working group is seeking input from community members who have a vested interest in this issue.
April 4, 2017
As the weather starts to warm up, it is time for community associations to start planning for the pool season. Getting ready for the pool season does not just involve making sure that the pool company has removed the cover and filled the pool. For many associations, this is also the time of year that the associations review their pool rules to insure that they meet the association’s needs and that they comply with the applicable fair housing laws. For associations with delinquent owners, it is also a time to contemplate suspending pool privileges for those owners.
November 7, 2016
The U.S. Department of Housing and Urban Development recently adopted new federal rules, pursuant to its authority under the federal Fair Housing Act (“FHA”), which will potentially have a significant impact on community associations. These new rules took effect on October 14, 2016. This alert will outline the new rules, their significance for community associations, and some initial recommendations for actions that associations can take in response.
March 20, 2015
Marla Diaz was quoted in length in WTOP’s article, “Judge Delays Ruling on Landmark Express Lanes Case.” The Judge's decision could have a significant impact on users of Virginia's Express Lanes. Marla argues the fines charged to her client are excessive and violate the 8th Amendment and the Virginia Constitution.
April 8, 2014
No one who becomes a board member for their community association does so with the idea that they want to discriminate against their neighbors. Yet, more and more boards are facing discrimination accusations under the Fair Housing Act and Americans with Disabilities Act. It is critical, therefore, for board members - and the managers and lawyers who assist them – to understand the civil rights laws that apply to them and how these laws can affect the day to day operation of the community association.
January 10, 2014
“A federal court judge made a ruling Friday that will award title to an 1879 painting by Pierre-Auguste Renoir to the Baltimore Museum of Art — though it may be some time before the tiny water view of the River Seine makes it back home to Baltimore. Judge Leonie M. Brinkema of the U.S. District Court of Eastern Virginia granted the Baltimore Museum of Art's motion for a summary judgment and rejected a Virginia woman's claim that "Paysage Bords de Seine," which is valued at somewhere between $22,000 and $100,000, should belong to her.
November 12, 2013
Evolving community needs and changing legal requirements often present a community association board of directors with a daunting task: amending the association’s governing documents. A well-crafted amendment that complies with applicable law is the obvious objective of any board of directors that is considering proposing revisions to its governing documents. Developing this amendment document itself is generally the easy part of the amendment process if the association is represented by an experienced community association attorney.
NEWSLETTERS
February 6, 2020
Editor's Note
Meet the Piedmont & Tidewater Committee
Is That a "Residential Purpose"? Using Virginia Statutes and Municipal Ordinances to Clarify Restrictive Covenants on Non-Residential Uses
Protections Afforded to Your Neighbors in the Military: The Servicemembers Civil Relief Act for Community Associations
PRESENTATIONS
February 10, 2023
May 20, 2022
The Whiteford Piedmont & Tidewater Committee provides tips on running successful member and board meetings taking it step-by-step and breaking down the component parts.
April 8, 2020
This webinar is for community association managers and board members regarding Fair Housing laws and animals.
