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.
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
- 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.
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