Kevin A. Kernan

Partner, Co-Chair of Community Associations Section
blank image Kevin A. Kernan
Kevin A. Kernan

Kevin A. Kernan

PARTNER, CO-CHAIR OF COMMUNITY ASSOCIATIONS SECTION
FALLS CHURCH
T: 703.573.1031
F: 202.327.6148

Mr. Kernan has more than 20 years of experience as a lawyer and litigator serving clients in Washington, D.C., Maryland and Virginia.  His practice has a particular focus on community associations, and he is an experienced advisor on the full range of legal issues that community associations face, including covenant enforcement, governing documents interpretation and negotiated statutory warranty claims.  He has litigated many such issues on behalf of his clients.  

Mr. Kernan also represents nonprofit and for profit organizations on a broad range of business and corporate issues, including entity formation, corporate governance, employment counseling, general operational compliance, and drafting and negotiation of agreements.  In addition, he has significant litigation experience, particularly with commercial real estate issues including fair housing complaints, landlord-tenant disputes, contract disputes and insurance defense.  He is experienced appearing on behalf of community associations before the Montgomery County Commission on Common Ownership Communities (“CCOC”). 

An active member for many years of Community Associations Institute (CAI) Washington Metropolitan and Chesapeake Chapters, Mr. Kernan currently serves as Co-Chair of the Education Committee, as well as a member of the Chapter’s Virginia Legislative Committee and Maryland Legislative Committees.  He is a contributor to Quorum Magazine, the chapter’s publication, as well a frequent speaker and writer on topics related to his practice.
 

RECOGNITIONS

  • Washington Metropolitan Chapter Community Associations Institute, Educator of the Year Chapter Award (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
  • Education Council Chair: Washington Metropolitan Chapter of the Community Associations Institute (WMCCAI), 2020
  • Board of Directors: Washington Metropolitan Chapter of the Community Associations Institute (WMCCAI), 2023

Community Associations

  • Represents community associations in general business affairs, including compliance with governing documents, operating procedures, meetings, quorum, voting and proxy issues, director issues and disputes, 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
 

Administrative Investigations and 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
 

Nonprofit Organizations

  • Represents nonprofit and for profit organizations on 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
 

Commercial Real Estate

  • Representation of national real estate developer in numerous landlord/tenant and other commercial lease-related and contractual disputes
 

Litigation

  • Successfully represented nonprofit and for profit entities against fair housing, discrimination and employment related claims before federal and state courts and the EEOC
  • Additionally experienced in litigating matters involving employment discrimination, employment contracts, premise liability, allegations of defamation, insurance defense and general breach of contract
INSIGHTS

Stay in Your Lane: Roles and Responsibilities of the Board Directors (Chesapeake Chapter CAI, April 2021)

Virtual Board Leadership Development Workshop, Two-Part Webinar (WMCCAI December 2020)

Managing through COVID-19: Virtually Everything You Need to Know About Virtual Meetings (WMCCAI Town Hall Webinar Series May 2020)

Rookie Managers - Management 101 (WMCCAI Manager Seminar)

Tech Dilemmas:  The Good, The Bad and The Ugly (Chesapeake Chapter CAI Managers Breakfast, April 2019)

Fair Housing Laws and Community Associations (2017, 2018, and 2019)

Community Association Institute – Board Leadership Development Workshop (2015-2019)

Avoiding Unlawful Workplace Discrimination & Harassment (2018)

When Short-term Rentals Happen In Your Community (2018 WMCCAI Conference & Expo, Washington, D.C.)

Who’s Liability Is It Anyway? (2017 WMCCAI Conference & Expo, Washington, D.C.)

Virginia Legislative Update (2016 and 2017)

Covenants Enforcement in Virginia (2016)

Falling Water: Who Stops It, Who Repairs It and Who Pays For It (WMCCAI Managers Luncheon April 2016)

Maryland Legislative Update 2016

2016 Virginia Legislative Update

Community Association Collections - A Fresh Start For Your Community (Prince Georges County, Maryland 2013)

ARTICLES

Client Alert: Virginia 2023 Legislative Update for Common Interest Communities

The Virginia General Assembly approved a number of bills during its 2023 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills into law and the new laws will take effect on July 1, 2023. We have outlined the legislative action taken by the Virginia General Assembly that we believe most directly affect both homeowners and condominium associations.

The following bills amend the Property Owners’ Association Act (Va. Code Ann. 55.1-1801, et seq., as amended (1950)), the Virginia Condominium Act (Va. Code Ann. 55.1-1900, et seq., as amended (1950)), and other statutes that may affect common interest communities. Please feel free to contact us if you have questions regarding any of the following legislative changes.

2022 Virginia Legislative Update for Common Interest Communities

The Virginia General Assembly only approved a few bills during its 2022 legislative session that 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, 2022. We have outlined the legislative action taken by the Virginia General Assembly that most directly affect both homeowners and condominium associations. We also summarize the piece of federal legislation recently introduced following the Surfside condominium collapse that, if passed by Congress, will have a direct impact on condominium associations nationwide.  

Client Alert: District of Columbia Updates Short-Term Rental Rules

With the rise of short-term rentals through services such as Airbnb, legislation providing regulations and restrictions on how short-term rentals are regulated and managed has become essential.  With concerns over public access to buildings, guest misconduct, and insurance, it is vital for cooperative, condominium, and home owner associations (collectively, “Associations”) to stay updated on legislation pertaining to short-term rentals.

Client Alert: New Guidance on DC Vax Orders

On January 6, 2022, D.C. issued additional guidance regarding Mayor Muriel Bower's Order 2021-148 (the "Order"), providing clarity for community associations. Specifically, the D.C. Department of Health clarified that the Order does not apply to gyms, fitness studios, any facilities used for group fitness classes, and recreation centers in private residential buildings such as condominium associations and housing cooperatives that are not open to the public. For example, if your gym, fitness studio, facility used for group fitness classes, and/or recreation center sells memberships to the public or otherwise accepts members of the public, the Order and its requirements do apply. The additional guidance issued by D.C. also confirms that private meeting spaces in residential buildings do not require verification of vaccination status, further differentiating most D.C. community associations from the businesses subject to the Order.

Virginia 2021 Legislative Update for Common Interest Communities

The Virginia General Assembly approved a number of bills during its 2021 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, 2021.  We have outlined the legislative action taken by the Virginia General Assembly that we believe most directly affect both homeowners and condominium associations.

Client Alert: Virginia 2020 Legislative Update for Common Interest Communities

The Virginia General Assembly approved a number of bills during its 2020 legislative session. Several of the bills, directly or indirectly, impact common interest communities. The Governor of Virginia signed the following bills into law in March, which will take effect on July 1, 2020. We have outlined the legislative action taken by the Virginia General Assembly that we believe most directly affects both homeowners and condominium associations.

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.