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.

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.  

In celebration of International Mother Language Day, attorneys and staff from across the firm share their greetings in Cape Verdean Creole, Chinese (Mandarin & Cantonese), Dutch, Farsi, French, German, Korean, Mongolian, Russian, Serbo Croatian, Tagalog, Urdu and Romanian.

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.

In 2017, Fairfax County started an initiative known as the Fairfax County Zoning Ordinance Modification Project “zMod”, in an effort to modernize the existing zoning ordinance that was established in 1978. While many of the proposed changes will make the Zoning Ordinance easier to understand and navigate, there are two proposed substantial changes for Accessory Living Units and Home-Based Businesses that may greatly affect community associations across the County. We encourage you to review the summary of proposed Accessory Living Units and Home-Based Businesses changes and the FAQs here.  In this article, we will briefly discuss some of the critical changes.

The pandemic has foisted upon us a reality in which a virtual meeting is a necessary expediency to conduct the business of community associations. The Governor’s Executive Orders have waived the statutory requirement that board meetings have at least two of an association’s directors physically present at the place of the meeting. When the pandemic mercifully subsides and consequently the Governor’s Executive Orders expire, his waiver of the physical presence requirement is due to expire too. However, several useful parts of a virtual meeting, as we now know them, will remain.

The COVID-19 pandemic and its social distancing mandates have imposed multiple challenging issues for our community association clients. One of the pandemic’s most significant side effects for community associations has been the move towards a virtual platform for meetings. Many of our community association clients are facing the logistical challenge of conducting these remote meetings by electronic means in order to conduct their business while also minimizing their legal and health risks. Certainly, a virtual meeting will make it easier for the members to participate, but if the substantive and procedural requirements of the associations’ governing documents and the legal mandates of the states’ statutes are not satisfied, then the meetings may be invalid and any actions taken during the meetings may be void. Community association board members should consult with their legal counsel on how to best prepare for and handle their annual virtual meetings.
 

As we know, during this COVID-19 pandemic, community associations are facing new and difficult challenges and uncertainties.  Most jurisdictions are under Phase 2 of their reopening process.  As a result, members of association Boards, as well as their managers, are confronted with the question of whether or not to open amenities.  A major factor in this decision-making process relates to insurance coverage for the amenities should a resident contract the virus.  These are new times and the future is uncertain.  Accordingly, the goal for all Boards is to minimize the risks that are confronting associations during this pandemic. 

The Whiteford Piedmont & Tidewater Committee provides tips on running successful member and board meetings taking it step-by-step and breaking down the component parts.