Category Archives: Uncategorized
ASKED AND ANSWERED
By: Henry Moore This is where we answer legal questions commonly posed to us by our insurance and corporate clients. If you have any burning questions that need quick answers, or if you have any suggestions for questions in future newsletters, please e-mail Janeen at [email protected]. Q: Why do things move so quickly […]
EXPANDED DUTY OF LANDOWNERS TO CONTROL CONDUCT OF THIRD PARTIES ON THEIR PROPERTY
By: Janeen Koch In order to establish liability for negligence against a landowner, it first must be established that a legal duty is owed. Whether a legal duty in tort exists under a particular set of circumstances has been an issue that the Virginia Supreme Court has often had to grapple with. Of course, all […]
NEW VIRGINIA LEGISLATION ELIMINATES UIM CREDIT
By: Janeen Koch New legislation in Virginia will significantly change insurers’ exposure under the UIM coverage provisions of the auto policies they issue. The amended statute, which becomes effective July 1, 2023, provides that insurers will no longer receive the benefit of any credit or offset for available liability coverage. Prior to passage of this […]
Regulating Holiday Displays
By Michael A. Sottolano Regulating holiday displays can be a tricky topic and association boards of directors are well advised to keep certain things in mind when dealing with it. With the holiday season upon us now is a great time to brush up on some important principles when it comes to adopting and enforcing […]
But My Constitutional Rights?!
By Tiago D. Bezerra Among the criticisms often levied at community associations is a claim that boards of directors cannot infringe on residents’ Constitutional rights. With Bill of Rights Day being celebrated on December 15th, marking the anniversary of the ratification of the first ten amendments to the United States Constitution in 1791, now is […]
The Most Important Thing Any Association Does
By Brad M. Barna I will often ask clients what they think is the most important thing that common interest community associations do. Many will say maintaining desirability via maintenance of common areas. Others will say the provision of amenities is most important or that the protection of a common aesthetic by regulating architectural design […]
DC Enters Phase 2 Reopening
On June 19, the Mayor’s office announced that the District of Columbia would enter “Phase 2” of the reopening process and released guidance that was immensely more detailed than the Phase One guidelines. Under Phase 2, which starts on June 22, community associations may open their pools and fitness facilities, but with a variety of […]
Community Associations and Virginia’s Phase 3 Reopening (updated 7/1/20)
Updated 7/1/2020 Phase 3 Reopening. The Governor has confirmed that effective July 1 (and continuing until further notice), the Commonwealth will enter Phase 3 of its planned gradual reopening process. Here is a link to the Governor’s Executive Order. Based on the Governor’s published guidance (“Safer at Home: Phase Three”), while most of the Phase 2 […]
D.C. Enters Phase 1 Reopening [updated 6/11/20]
DC’s “Reopening” – Phase 1 Summary Updated 6/11/2020 Per the Mayor’s Order 2020-067 (“Phase 1 Order”), DC entered “Phase 1” of it reopening process as of Friday, May 29th. That Order will remain in effect no later than July 24, 2020 – a date for Phase 2 reopening has not yet been announced. Below are […]
Community Associations and Virginia’s “Phase 2” Executive Order [updated 6/10]
Governor’s EO61 (Third Amendment) and EO65 – “Phase 2” reopening to begin June 5 for most of Virginia, with NoVA and the City of Richmond following on June 12 Updated 6/10/2020 EO61/EO65 – Phase Two Re-Opening. Effective June 5, most of the Commonwealth will begin “Phase Two” of its planned gradual reopening of certain businesses […]