Chad Rinard

Chad Rinard

PARTNER
crinard@wtplaw.com
FALLS CHURCH
T: 703.280.3380
F: 703.280.9132



Mr. Rinard has been a counselor, litigator and debt collector for property owners’ associations and condominiums in Northern Virginia and Fredericksburg for over 18 years.  Boards of directors can rely on his prompt legal advice at meetings often in executive session, in-between meetings over privileged communications, or to explain general legal principals at annual meetings of members when asked by the presiding officer. 
 
As legal matters are typically contentious, Mr. Rinard also has extensive experience representing associations before tribunals such as the Supreme Court of Virginia, the Circuit Courts and General District Courts in Virginia, Virginia’s Common Interest Community Ombudsman and local counties’ Board of Supervisors.   Virginia Code compliance and enforcement of covenant violations are frequent issues that he litigates. 
 
Mr. Rinard is cost conscious in collecting debts owed to associations by quickly moving forward with litigation to prompt payment of assessments by delinquent owners.  He has maintained dockets for unpaid assessments every month for the last 10 years in Stafford County and Spotsylvania County, and quarterly or less in Fredericksburg, Culpeper County and Orange County.  He frequently files lawsuits for unpaid assessments in Fairfax County and Prince William County too. 

With his colleagues, Mr. Rinard enjoys being a frequent speaker to managers, boards of directors and other owners. 
 

Memberships & Activities

  • Member of the Washington Metropolitan Chapter Community Associations Institute
  • Member of  Whiteford, Taylor & Preston’s Community Associations section
  • Co-chair of Whiteford, Taylor & Preston’s Tidewater subcommittee (serving the Fredericksburg, Richmond and Virginia Beach areas)
  • Member of the Virginia Creditors’ Bar Association
  • Chair of Whiteford, Taylor & Preston’s Fair Debt Collection Practices Act Compliance subcommittee

Community Associations

  • Experienced representation of professionally managed and self-managed community associations in Virginia with clients in the Northern Virginia and the Fredericksburg areas, and referrals from several of the local management companies there.
 

Counsel to Boards of Directors

  • Diverse business and governing advice for boards of directors from compliance with the Virginia Property Owners’ Association Act, the Condominium Act, the Nonstock Corporation Act and other Virginia Code and Virginia Administrative Code sections, to remedying violations of the covenants or bylaws, and the authority to adopt rules and regulations for common elements and common areas including architectural design guidelines. 
 

Contract Negotiation and Dispute Resolutions

  • Negotiated agreements for all types of vendors that associations use including management contracts, landscaping, snow removal, general contractors holding Class A, B or C licenses, cable services and clubhouse rentals.  Settled and/or litigated claims made by these vendors against associations in either arbitration or the courts.    
 

Interpretation/Amendment of Governing Documents

  • Interpreted associations’ governing documents using a wide range of authority including opinions by the U.S. Department of Housing and Urban Development on Fair Housing, the federal District Courts, the Virginia Supreme Court, Circuit Courts, Attorney General and Common Interest Community Ombudsman, and Robert’s Rules of Order.
  • Drafted restatements or amendments of declarations or and/bylaws while assisting associations obtain the required votes or signatures.
 

RUles and Covenants  Enforcement

  • Litigates matters seeking injunctive relief for violations of the covenants
  • Before filing a lawsuit, drafting notices of violations and opportunities to cure; notices of an opportunity to be heard and hearing results letters. 
 

Community Associations Litigation

  • Represents associations in all types of litigation, including covenants enforcement, breach of contract, breach of fiduciary duty and breach of warranty claims, foreclosures, and violations of the Virginia Code.   
 

Delinquent Assessment Collection

  • Cost-effective collections of delinquent assessments and other debts.  Quickly uses post-judgment collections to obtain payments from current owners including out-of-state landlords, and former owners too.    
  • Provides clients detailed status reports on collections, and financial history reports showing amounts collected in the current fiscal year.
  • Trains debt collectors to ensure compliance with the federal Fair Debt Collection Practices Act.
PRESENTATIONS & PUBLICATIONS
Co-presenter, Legal Jeopardy, What to Avoid when Covenants and Law Conflict at the Virginia Leadership Retreat, on July 27, 2019, and for the FirstService Residential Fredericksburg Property Management team, on August 13, 2019
 
Co-presenter, Legislative Update – 2019, for the Community Group Richmond Property Management team, on June 4, 2019
 
Co-presenter, Booze, Movie Night, Roads & Bingo! at the Virginia Leadership Retreat, on July 28, 2018
 
Presenter, Storm Water Management, Whose Responsibility Is It? for several managers from the Northern Virginia and Fredericksburg areas, on October 19, 2016

ARTICLES

To Foreclose or Not To Foreclose? What To Consider When That Is The Question

Foreclosure is a matter of last resort. Whether an owner is unable to or neglectful in paying assessments owed to an association, the last remedy that should be considered to get paid is foreclosure. A foreclosure takes time, it is costly, and it is designed to displace an association member who cannot or will not fulfill his or her obligation to pay assessments like the other members do. On the other hand, a foreclosure against a property that has sufficient equity in it (meaning the value of the property exceeds the amount of debt owed on it) can be a complete remedy that recovers unpaid assessments, the cost of foreclosure, and eliminates the ongoing hassle for an association by replacing a nonpaying owner with (hopefully) a paying one.


What Happens When Local Ordinances Conflict with your Governing Documents? – A Survey of the Conflict of Law Provisions for the Northern Virginia & Fredericksburg Areas

Every city or county in Virginia has published ordinances that restrict their residents’ home construction and lot use in a subdivision. Authorized by Virginia Code[1], a city or county may adopt the ordinances it needs to perform its obligations. To assure the orderly subdivision of land in the city or county, achieve the goals of a comprehensive development plan, or implement the Chesapeake Bay Preservation Act, subdivisions have been the subject of countless ordinances. Not surprisingly, so many ordinances cover a wide range of topics, and each is accompanied by a remedy for the local government to ensure compliance, often via an agency that will receive and investigate complaints.

The Decision to Serve Alcohol Will Never Be Dry: Things to Consider Before Serving Alcohol at Your Next Community Event

With spring upon us, community gatherings are popular events for associations to introduce neighbors to each other, conduct annual meetings, or pass that amendment to governing documents that requires the presence of members who may be otherwise difficult to assemble.  As a neighbor and homeowner myself, the answer on whether to serve alcohol at a social gathering is a resounding: “Yes, please.”  As a lawyer, however, it is much easier to object: “Perhaps not.”  On one hand, there is no doubt that the safest course for an association is simply to resist the service of alcohol.  No alcohol, no liability.  On the other hand, the appeal of serving a cold beer or a glass of wine can be a well-deserved complement when there is a desire to bring neighbors together or build community spirit.  The option to serve alcohol, coupled with a willingness to do so, does not need to be dismissed entirely however, and can be navigated to mitigate the risk of liability for those associations that find the consumption of alcohol, in moderation, a desirable complement to their gatherings.

NEWS