08/28/2017
A common issue that community associations encounter is the proper use of copyrighted material. Whenever an association shows a movie or plays music at a common element/area location within the community, it most likely is using material that is protected by copyright law. If the association has not obtained a license allowing it to use… Read more »
08/20/2017
Whether your community’s documents are relatively new or have been recorded for several decades, this article is intended to provide a basis for determining why amendments should be considered. Governing documents generally include the Declaration (or Master Deed for condominiums created under the Horizontal Property Act), Articles of Incorporation (for associations that are incorporated), Bylaws,… Read more »
08/19/2017
Virginia law related to registered agents is deceptively simple: Every corporation authorized to transact business in Virginia (including incorporated community associations) are required to maintain a registered office and a registered agent within the state; Registered agents in Virginia have only one statutory duty – to forward to the business entity at its last known… Read more »
08/11/2017
“An Ounce of Prevention is Better Than a Pound of Cure” Many who organize small businesses, such as corporations or limited liability companies, assume that the benefits of such entities are absolute. However, these benefits are not maintenance-free. Once your company is formed, it is easy to go back to business as usual and forget to… Read more »
08/05/2017
Since the 1970s, courts have generally recognized the choice of law and forum provisions contained in contracts between international parties. In some contexts, however, a party will challenge a choice of law provision as unenforceable for reasons of fairness, or because to enforce the clause would conflict with existing law. Recently, the issue has been… Read more »
08/02/2017
If you are a contractor in Virginia, you may have heard of the “economic loss rule.” This legal rule helps preserve a distinction between contract law and tort negligence. Contract law upholds agreements made between parties, and Virginia courts value the terms of the parties’ agreement. For example, if a project owner hires you to… Read more »
