Andrew J. Terrell

Andrew J. Terrell

SENIOR COUNSEL
WASHINGTON
T: 202.659.6788
F: 202.237.6188

FALLS CHURCH
T: 703.280.9269
F: 703.280.8949

Mr. Terrell is an experienced lawyer and litigator with a particular focus in representing condominium associations, homeowner associations and real estate cooperatives in Virginia and the District of Columbia.  

Mr. Terrell has counseled community associations in the areas of covenant enforcement and governing documents interpretation, negotiated numerous statutory warranty claims and litigated bench and jury trials on behalf of his clients.  He has also successfully litigated numerous cases in a wide variety of issues including toxic tort, products liability, employment law, fair housing complaints, contract disputes, construction law, insurance defense and coverage issues.

In 2014, Mr. Terrell was named a member of the prestigious College of Community Association Lawyers (CCAL) for his contributions to the evolution and practice of community association law and commitment to high standards of professional and ethical conduct.  Mr. Terrell is also an active member of Community Associations Institute (CAI) Washington Metropolitan and Central Virginia Chapters.  He has spoken at numerous conferences and published many articles related to his practice.  Mr. Terrell was recognized by his peers for inclusion in U.S. News & World Report Best Lawyers® for construction and real estate litigation, most recently in 2015, and has been AV Peer Review Rated in Martindale-Hubbell®.

Recognitions

  • The Best Lawyers in America®, Litigation - Construction, Litigation - Real Estate (2012–Present)
  • Virginia Super Lawyers®, Business Litigation (2017–Present)
  • Washington, D.C. Super Lawyers®, Real Estate (2016–Present)
  • AV Preeminent®: Martindale-Hubbell® Peer Review Ratings™
 

Memberships & Activities

  • Former Managing Partner of Whiteford's Falls Church, Virginia office
  • Member: Whiteford's Executive Committee
  • Former Co-Chair: Whiteford's Community Associations Group
  • Member: College of Community Association Lawyers (CCAL)
  • Member: Alexandria Bar Association
  • Member: District of Columbia Bar Association
  • Member: Virginia State Bar Association
  • Member: American Bar Association
  • Whiteford Representative, North American Board of Governors, Lexwork International
  • Member: Community Associations Institute, Washington Metropolitan Chapter, Central Virginia Chapter
  • Best Lawyers Designation

Community Associations

  • Representation of condominium associations, homeowners associations, and real estate cooperatives in Virginia and the District of Columbia
  • Advises on collections and insurance
 

Interpretation/Amendment of Governing Documents

  • Counsels community associations in the areas of covenant enforcement and governing documents interpretation
 

Developer/Warranty Issues

  • Negotiated numerous statutory warranty claims in DC and Virginia
 

Community Association Litigation

  • Successfully defended a condominium association in a several-thousand dollar mold claim in the Circuit Court for the City of Alexandria
  • Litigated bench and jury trials on behalf of community associations in Virginia and the District of Columbia
 

Other Litigation

  • Successfully litigated numerous cases in Virginia and the District of Columbia in a wide variety of issues including toxic tort, products liability, employment law, fair housing complaints, contract disputes, construction law, insurance defense and coverage issues
PRESENTATIONS & PUBLICATIONS

Speaker: "Panel of Pundits," CAI Law Seminar (January 13, 2023)

Speaker: "Securing the Board from Exposure," CAI Law Seminar (January 27, 2021)

Author: Expand Your Network at the 2021 Community Association Law Seminar, Blog Post for Community Association Institute (December 15, 2020)

Moderator: “COVID-19: The Legal Implications – What Managers Need to Know!,” Webinar (May 2020)

Speaker: "The Infamous Question - To Claim or Not to Claim?," CVC CA Day Trade Show & Expo (March 2015) (Richmond, VA)

Speaker: "Homeowner/Condominium Associations: Overcoming Challenges," 2011 International Builders' Show (January 12-15, 2011) (Orlando, FL)

Speaker: "Understanding Floods and Mold," 2012 WMCCAI Conference and Expo (March, 2012) (Washington, D.C.)

Speaker: "Leasing and Rental Restrictions," 2011 WMCCAI Conference and Expo (March, 2011) (Washington, D.C.)

Speaker: "Homeowner/Condominium Associations: Overcoming Challenges," 2011 International Builders' Show (January 12-15, 2011) (Orlando, FL)

Speaker: "Effectively Managing Large Construction Projects: Can They Be Performed on Time and on Budget"?  2007 WMCCAI Conference and Expo (March, 2007) (Washington, D.C.)

Instructor: "Special Issues for Condominium and Homeowners Associations in Virginia -- Warranty Litigation, Insurance and Covenant Enforcement," Lorman Seminar, Continuing Legal Education (July, 2006)

Author: Trees: Lovely to Look at and a Liability (April, 2007) (Quorum)

Author: Renting to the Public -- Be Careful What you Wish For (December, 2006) (Quorum) 

Author: The Book of Resolutions Is a Helpful Tool for Community Association Governance (April, 2006) (Quorum)

Author: Kelo v. City of New London -- Will it Affect Community Associations (September, 2005) (Quorum) 

Author: Your New Friend -- The Insurance Defense Counsel (May, 2005) (Quorum)

Co-Author: Brief Amicus Curiae on behalf of Washington Metropolitan Chapter of the Community Associations Institute, Supreme Court of Virginia (December, 2002)

Author: Question & Answer -- Virginia General Assembly Creates Changes for the Property Owners Association Act (October, 1999) (Quorum)

ARTICLES

COVID-19 Related Insurance Issues for Community Associations

As we know, during this COVID-19 pandemic, community associations are facing new and difficult challenges and uncertainties.  Most jurisdictions are under Phase 2 of their reopening process.  As a result, members of association Boards, as well as their managers, are confronted with the question of whether or not to open amenities.  A major factor in this decision-making process relates to insurance coverage for the amenities should a resident contract the virus.  These are new times and the future is uncertain.  Accordingly, the goal for all Boards is to minimize the risks that are confronting associations during this pandemic. 

Recent Developments - Amending Virginia HOA Governing Documents

The Supreme Court of Virginia published an opinion relating to the process of amending the Declaration of a Property Owners Association.  The case titled Steven F. Tvardek, Jr., et al. v. Powhattan Village Homeowners Association, Inc., ruled that an Amended Declaration is not effective unless the President’s certificate recorded with the amendment verifies that the required majority of owners signed the amendment or ratification approving the amendment.  In this case, the certificate merely stated the owners approved the amendment.


Swim Meets and the Department of Justice

As we approach the summer months, many questions have been raised regarding whether conducting swim meets, in which teams whose members are not residents of a community association, and whether an obligation that the swimming pool where the swim meets occur, be compliant with the American with Disabilities Act's ("ADA") accessibility requirements. Many associations, as a public service, provide their facilities to swim teams for such meets.


Fiduciary Duty: Understand It -- Don't Fear It!

Members of a Community Association Board are sometimes confronted with an accusation that they have breached their fiduciary duty -- that is, the duty they owe their fellow owners to act impartially in the best interest of the entire community.


NEWS

36 Whiteford Attorneys Named Super Lawyers and Rising Stars

Whiteford, Taylor & Preston is pleased to announce that thirty-six of its attorneys are listed among the 2024 Super Lawyers and Rising Stars in Delaware, District of Columbia, Maryland, New York, Pennsylvania and Virginia.

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.

73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


Drew Terrell has been named a member of the College of Community Association Lawyers (CCAL)

Whiteford is very pleased to note that Drew Terrell, co-chair of our Community Associations group, has been named a member of the College of Community Association Lawyers (CCAL).  Of the thousands of attorneys practicing community association law in the United States, fewer than 150 have been admitted to this prestigious organization.  Two other partners in the group, Joseph Douglass and Raymond Diaz, are also CCAL members.  


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"

Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.

In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"

Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).

This represents an increase of seven over last year.  The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Whiteford, Taylor & Preston Announces Management Changes

As it celebrates its 75th anniversary this year, Whiteford, Taylor & Preston LLP is delighted to announce its new leadership team.

Having completed four terms as Managing Partner, Albert J. Mezzanotte, Jr. will serve one more year as the Firm's Managing Partner and transition those duties to Martin T. Fletcher. Mr. Fletcher is a present member of the firm's Management Committee and after serving a one year term as Managing Partner Elect will then commence a three year term as Managing Partner.

Whiteford, Taylor & Preston Increases Its Number of Falls Church Attorneys and Expands Its Northern Virginia Location

Whiteford, Taylor & Preston LLP (WTP) has expanded its Falls Church office - by increasing the number of attorneys and enlarging its office space. Glenn R. Bonard, Eileen Morgan Johnson, Thomas Mugavero, Christy Richardson, and Andrew J. Terrell have joined Raymond J. Diaz, Michael Gartner, Christopher A. Jones, Katherine McCarthy, Edward J. O'Connell, and Eric A. Vendt in WTP's offices at 3190 Fairview Park Drive, Suite 300, Falls Church, VA 22042.


Andrew J. Terrell Named Educator of the Year by Community Associations Institute

Andrew J. Terrell, a partner and head of Whiteford, Taylor & Preston's Washington, D.C. and Virginia offices, was recently honored as Educator of the Year by the Washington Metropolitan Chapter of the Community Associations Institute (WMCCAI).  Terrell was presented with the award at WMCCAI's Red Carpet Affair-themed dinner emceed by broadcast journalist J.C. Hayward on November 3, 2007, at Chantilly's Marriott Westfields Washington Dulles. 


Andrew Terrell Receives Rising Star Award

Whiteford, Taylor & Preston LLP (WTP) is delighted to announce that Andrew J. Terrell, a partner and head of the firm’s Washington, D.C. office, was recently honored with a Rising Star Award from the Washington Metropolitan Chapter of the Community Associations Institute.  The volunteer award was presented on January 4, 2007, at the chapter’s Jumpstart January Breakfast Reception, which was attended by over 150 community association leaders.