Edward J. O'Connell III

Edward J. O'Connell III

T: 703.280.9266
F: 703.280.8944

T: 703.280.9266
F: 703.280.8944

Mr. O’Connell has almost 20 years of experience in all facets of common-interest associations, from day-to-day business operations to litigation between boards and owners. This form of ownership, which includes condominiums, co-ops and homeowners’ associations, has spread rapidly in the past few decades and raises its own unique legal issues of relations between boards, who operate in some ways like elected city councils, and homeowners.

Mr. O’Connell, who is admitted in both Washington DC and Virginia, represents communities in both jurisdictions, and has been active in the Washington chapter of the CAI for many years. He has been a board member since 2008 and served as Vice-President prior to becoming the President. He is also a member of the Chapter’s Virginia Legislative Committee and a frequent contributor to Quorum Magazine, the chapter’s publication.

Memberships & Activities

  • Listed in Best Lawyers in America, 2020

Memberships & Activities

  • Member: Virginia State Bar
  • Member: District of Columbia Bar
  • Member: Fairfax Bar Association
  • Member: Community Associations Institute - Washington Metropolitan Chapter
    • WMCCAI Board of Directors (2008 - present)
    • WMCCAI Vice President (2012)
    • WMCCAI President (2013)
  • Member: WMCCAI Virginia Legislative Committee
  • Best Lawyers Designation

Common-Interest Community Associations

  • Mr. O’Connell is experienced in representing community associations in Virginia and the District of Columbia

Counsel to Boards of Directors

  • Advises common-interest community association boards on day-to-day business operations, compliance with governing documents, operating procedures, meetings (including quorum, voting and proxy issues), insurance matters, director issues and disputes, member issues and disputes, financial and real property transactions, land use and rezoning issues, assessment collections, employment issues and appropriate responses to changing federal, state and local laws

Contract Negotiations and Dispute Resolution

  • Experienced in negotiating agreements for construction, maintenance and improvements of the common interest community association property and common facilities

Financial Transactions

  • Experienced in negotiating financing for capital improvement and repair projects for common-interest community associations

Real Estate and Land Use

  • Represents master property owner association clients in obtaining rezoning for capital improvements to the community facilities
  • Represents common-interest community association clients before county and city governments on land use and zoning issues
  • Represents large and small association clients in real property transactions involving the acquisition and sale of land, boundary dispute issues, and the negotiation of public and private easements, licenses and covenants, including considerable experience in negotiating bulk cable television and internet contracts

Governing Documents

  • Extensive experience in consulting on and preparing amendments to the governing documents for both traditional and age-restricted adult active communities
  • Prepares corporate and governing documents for large master property owners' associations and smaller property owners' associations in Virginia

Developer/Warranty Issues

  • Negotiated favorable results for common interest community associations in statutory warranty claims in Virginia

Administrative Investigations & Proceedings

  • Represents common-interest community associations in responding to investigations by federal, state and local administrative agencies on fair housing complaints
  • Represents common-interest community associations in responding to investigations by the Virginia Common-Interest Community Board on complaints filed by owners and citizens

Condemnation / Eminent Domain

  • Negotiated favorable settlement with VDOT relating to condemnation proceeding for client impacted by the Capital Beltway Hot Lanes Project
  • Represents common-interest community associations in condemnation/eminent domain proceedings in Virginia

Continuing Care Retirement Communities and Active Adult Communities

Provide governance, regulatory and contractual advice and assistance to directors, officers and management of continuing care retirement community and active adult community clients


Contributing Author: Quorum Magazine - WMCCAI publication

Author: "How to Get Rid of a Board Member," Quorum Magazine, a Washington Metropolitan Chapter Community Associations Institute publication (January 2020 Issue)


Client Alert: COVID-19 Community Association FAQs - You've Asked, We've Answered

In light of the current state of affairs surrounding COVID-19, community association managers and boards of directors are facing challenges not typically encountered in their day-to-day roles.  Our Whiteford professionals have addressed the following questions for our clients in hopes these answers will assist in easing how to deal with this particularly difficult, ever-changing situation.

CLIENT ALERT: "Just the Facts" - Virginia Common Interest Communities: 2010 Legislative Changes

The 2010 General Assembly session proved to be an active one here in Virginia. While a number of bills were introduced at the beginning of this session that would have directly or indirectly impacted common interest communities in Virginia, only a few bills were actually approved by the General Assembly and signed by the Governor. The new laws amend the Virginia Property Owners' Association Act, the Virginia Condominium Act, the Common Interest Community Management statutes, the Virginia Nonstock Corporation Act, and the Virginia Flood Protection and Dam Safety statutes. These new laws all took effect on July 1, 2010, unless otherwise noted herein. Below is a brief summary of the legislation that directly or indirectly impacts common interest community associations.


Edward J. O'Connell III Inducted as President of WMCCAI

Whiteford Taylor & Preston is delighted to announce that our partner, Edward J. O’Connell III has been inducted as the president of the Washington Metropolitan Chapter of the Community Associations Institute.

Whiteford, Taylor & Preston Names Partners

Whiteford, Taylor & Preston is delighted to announce that Susan Jaffe Roberts has been elected a partner of the firm, and Daniel A. Griffith, and Edward J. O'Connell III have been named equity partners, effective January 1, 2010.

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.

Whiteford, Taylor & Preston Opens Office in Falls Church

Prior to its 75th anniversary, Whiteford, Taylor & Preston (WTP) is proud to announce the opening of its Falls Church office.  Located at 3190 Fairview Park Drive, Falls Church, VA 22042, the office officially opened for business on May 31, 2007.