Kevin A. Kernan

Kevin A. Kernan

PARTNER
kkernan@wtplaw.com
FALLS CHURCH
T: 703.573.1031
F: 202.327.6148



Mr. Kernan concentrates his practice in community association, nonprofit organizations and associations, labor & employment and labor & employment litigation. He has represented both large and small association clients in litigation and administrative proceedings involving developer warranty issues, foreclosures, covenants and rules compliance, and contract disputes. He also has experience in litigating matters including: employment discrimination matters, employment contract matters, premise liability matters, defamation, and general breach of contract actions. Furthermore, Mr. Kernan provides advice and counsel to non-profit and for profit employers on all phases of the employment relationship to ensure compliance with applicable state and federal laws.

RECOGNITIONS

  • Washington Metropolitan Chapter Community Associations Institute Educator of the Year Chapter Award, November 2018
 

Memberships & Activities

  • Member: Alexandria Bar Association
  • Member: District of Columbia Bar Association
  • Member: Alexandria Soccer Association Board of Directors
  • Member: Community Association Institute Legislative Committee, D.C. Chapter
  • Member: Education Committee, Community Associations Institute (CAI), D.C. Chapter, January 2012 - present
  • Member: Membership Committee, Belle Haven Country Club, January 2012 - present

Community Associations

  • Representation of community associations in general business affairs, including compliance with the governing documents, operating procedures, meetings, quorum, voting and proxy issues, director issues and dispute, member issues and disputes, financial transactions, land use and rezoning issues, assessment collections, and federal, state and local law
  • Represents both large and small association clients in litigation and administrative proceedings involving developer warranty issues, foreclosures, covenants and rules compliance, and contract disputes
 

Nonprofit Organizations

  • Represents non-profit and for profit organizations with respect to a broad range of commercial issues including entity formation, corporate governance, employment counseling, general operational compliance, and drafting and negotiation of agreements
  • General counsel for tax-exempt organizations and other nonprofit entities
 

Litigation

  • Experience in litigating matters including: employment discrimination matters, employment contract matters, premise liability matters, defamation, and general breach of contract actions
  • Representation of national real estate developer in numerous landlord/tenant and other commercial lease-related and contractual disputes
 

Labor and Employment Law

  • Provides advice and counsel to non-profit and for profit employers on all phases of the employment relationship to ensure compliance with applicable state and federal laws
  • Successfully represented nonprofit and for profit entities against discrimination and employment related claims before federal and state courts and the EEOC
PRESENTATIONS & PUBLICATIONS

Author: Allocations and Excess Insurance, Defense Research Institute Journal (Winter 1999)

Author: Accountants, Audits and Litigation, Texas Risk Management Program for Interstate Insurance Group (Summer 2000)

Co-Presenter: Falling Waters, CAI Manager Luncheon, March 2015

ARTICLES

Virginia: 2019 Legislative Update for Common Interest Communities

The Virginia General Assembly approved a number of bills during its 2019 legislative session.  Several of the bills impact, directly or indirectly, common interest communities.  The Governor of Virginia signed the following bills into law in March and the new laws will take effect on July 1, 2019, except as otherwise noted herein.  We have outlined the legislative action taken by the Virginia General Assembly that we believe most directly affect both homeowners and condominium associations.
 

Virginia: 2018 Legislative Update for Common Interest Communities

The Virginia General Assembly approved a number of bills during its 2018 legislative session.  Several of the bills impact, directly or indirectly, common interest communities.  The Governor of Virginia signed the following bills into law in March and the new laws will take effect on July 1, 2018, except as otherwise noted herein.  We have outlined the substantive legislative action taken by the Virginia General Assembly that impacts both homeowners and condominium associations.


Prince George's County Council Recently Adopts New Legislation Establishing a Commission on Common Ownership Communities

The Prince George’s County Council recently adopted new legislation that establishes a Commission on Common Ownership Communities (the “PGCCOC”).  The Commission will be composed of nine (9) members appointed by the County Executive. Five (5) of the members will be selected from unit or lot owners who reside in a common ownership community, and four (4) of the members will be selected from professionals associated with common ownership communities, such as property managers, realtors and attorneys.


Montgomery County CCOC Launches Online Board Member Training Program

Montgomery County law now requires common ownership community board members to receive training in basic community association management.  The Montgomery County Commission on Common Ownership Communities (CCOC) has launched a new online training program that allows board members to comply with the County’s requirements.


"Just the Facts" Virginia Common Interest Communities 2014 Legislative Changes

As a result of the 2014 General Assembly Session, a number of bills were approved by the General Assembly and signed by the Governor, many of which directly or indirectly impact common interest communities in Virginia. 

The new laws amend the Virginia Property Owners’ Association Act, the Virginia Condominium Act, and other statutes that may affect common interest communities.  These new laws will take effect on July 1, 2014.  Below is a brief summary of the legislation that directly or indirectly influences common interest community associations. 


"Just the Facts," Virginia Common Interest Communities 2013 Legislative Changes

The 2013 General Assembly session was recently completed, and it resulted in a number of new laws that directly or indirectly impact common interest communities in Virginia. 

The new laws amend the Virginia Property Owners’ Association Act, the Virginia Condominium Act, and other statutes that may affect common interest communities.  These new laws take effect on July 1, 2013 except as otherwise noted herein.  Below is a brief summary of the changes that you should be aware of.


Due Process Changes in Virginia

Review your declaration and bylaws carefully.  The penalties that a board can impose for violations need to be based in those documents, not just your rules and regulations.


"Just the Facts" Virginia Common Interest Communities 2012 Legislative Changes

The 2012 General Assembly resulted in a number of changes that directly or indirectly impact common interest communities in Virginia.  The new laws amend the Virginia Property Owners’ Association Act, the Virginia Condominium Act, and the Common Interest Communities.  These new laws take effect on July 1, 2012.  Below is a brief summary of the legislation that directly or indirectly impacts common interest community associations. 


"Just the Facts" - Virginia Common Interest Communities 2011 Legislative Changes

The 2011 General Assembly session was an active one in Virginia. A number of new provisions will directly or indirectly impact common interest communities in Virginia. The new laws amend the Virginia Property Owners' Association Act, the Virginia Condominium Act, the Common Interest Community Management statutes, and the Virginia Nonstock Corporation Act. The sections of the law that are affected by the changes are listed; unless otherwise noted, the references are to the Virginia Code. These new laws took effect on July 1, 2011, unless otherwise noted in the summaries below.


NEWS

Seven Whiteford, Taylor & Preston Attorneys Named Partners

Whiteford, Taylor & Preston LLP (WTP) is delighted to announce that J. Bradley Aaron, Jennifer R. Busse, Adam Cizek, Emily A. Daneker, Stephen B. Gerald, Kevin A. Kernan, and Kristen B. Perry have been elected as partners of the firm, effective January 1, 2009.