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.
Chad Rinard focuses his practice on representation of community associations throughout the Commonwealth of Virginia. He has more than 15 years of experience in all facets of association-related issues, from day-to-day business operations to litigation between boards and owners. The diversity of legal issues that face boards has allowed him to counsel clients on a broad array of issues.
Chad has significant trial and general litigation experience in the state and federal courts in the Commonwealth of Virginia, including litigating various community association issues. He has further appeared before the supervisors of local governments on behalf of community associations.
Memberships & Activities
- Member of the Community Associations Institute (Conference & Exposition Committee)
- Member of the Virginia Creditors Bar Association
- Active in the Washington Metropolitan chapter of CAI
- Experienced in representing community associations, both professionally managed and self-managed, throughout the Commonwealth of Virginia with a focus on communities in the Fredericksburg area and Northern Virginia.
Community Associations Litigation
- Represented community associations in a variety of litigation matters, including covenants enforcement, breach of contract claims brought by vendors, and defense of fiduciary duty claims against boards of directors. Chad also represents community associations at the general district court level in assessment collection actions, and has appeared in the general district courts for more than 40 jurisdictions.
Contract Negotiation and Dispute Resolutions
- Experienced in negotiating agreements for construction, maintenance and improvements of the common interest community association property and common facilities. Advises on issues as diverse as stormwater management and fallen trees to snow removal and fence repair.
Counsel to Boards of Directors
- Provides advice to the boards of directors for community associations on many aspects of the day-to-day business of operating and governing a community association, including compliance with governing documents, operating procedures, meeting issues, compliance with Virginia statutes governing community associations, enforcing rules and regulations, homeowner disputes, assessment collections, insurance and various director issues.
Delinquent Assessment Collection
- Regularly advises the boards of directors on cost-effective delinquent assessment collection procedures and draft policy resolutions designed to better manage the association’s collection efforts. Aggressively utilizes post-judgment collection procedures to minimize time spent on collections by associations, their boards and managers.
- Oversees the delinquent assessment collections for various community associations and represents them in various courts to collect the delinquent amounts owed to the association.
Rules and Covenants Enforcement
- Advises community associations regarding changing case law and legislation effecting the covenant enforcement efforts of the associations.
- Drafts policy resolutions regarding covenant enforcement and further assists enforcement of the association’s covenants by instituting legal proceedings to enforce the covenants.
Interpretation/Amendment of Governing Documents
- Experienced in providing interpretations of community association’s governing documents, and advising boards of directors regarding the actions they can and cannot take on behalf of associations.
- Drafts amendments to governing documents to address the changing needs of community associations, and assists associations with the procedures necessary to effect the desired amendments.