Legal Seminar for Cluster Leaders on July 17
(Posted Jul. 11, 2023) Save the date for Covenants’ upcoming Legal Seminar for Cluster Leaders, hosted in partnership with Chadwick, Washington, Moriarty, Elmore & Bunn P.C. at 6 p.m. on Monday, July 17, 2023.
This extremely popular annual outreach event will be conducted virtually via Zoom teleconferencing; please use the link copied below to attend, no advance registration is required.
In addition to CWMEB’s highly informative general overview of community association law, this year’s seminar will feature a review of legislative updates that will most significantly impact Virginia community associations, including the following:
Resale Disclosure Act; Effective July 1, 2023, all documents prepared by community associations in connection with the sale of a lot or unit will be referred to as resale certificates. In addition, several procedural and substantive changes should be noted:
The current operating budget of the association, rather than just a summary, must be provided;
Copies of approved board meeting minutes from the last six months and copies of approved or draft meeting minutes from the most recent membership meeting must be provided;
Specific statements must be made concerning: (i) parking and vehicle restrictions in the recorded covenants or rules and regulations, (ii) restrictions on the operation of home-based businesses, and (iii) restrictions on an owner’s ability to rent their home;
Fees for resale certificates may be required to be paid upon request of the certificate rather than being due at settlement; and
Associations must publish and make available a schedule of all applicable fees assessed as part of the resale certificate preparation and delivery process.
CICB Compliance; In addition to requiring that the Ombudsman maintain additional records with respect to referral of complaints to the CICB, updates take aim at community associations that commit the same violation of common interest community law or CICB regulations within a 365-day period. This means that associations that, pursuant to the state-required association complaint procedure, are found by the Ombudsman to have violated the same law or regulation in a 365-day period will be referred to the CICB for review of the violation and potential sanctions, including possible fines up to $1,000 and legal action.
Assistance Animals; It will be a violation of Virginia consumer protection laws for a person providing documentation in support of a resident’s assistance animal request (e.g., mental health service provider, doctor, etc.) to do so fraudulently. In other words, persons providing fraudulent documentation in support of a resident’s request may be subject to significant civil liability.
Localities & Trails; Legislation clarifies that a community association that owns the property on which public trails exist is immune from liability for injury or property damage occurring on the trail unless caused by the association’s gross negligence or willful misconduct. Previously, this liability protection only applied if the association had leased or licensed land for public trails.
Look forward to a robust discussion of these legislative updates and more in support of your community association; please plan to join us on July 17 at 6 p.m.