Community Association COVID-19 Articles

Effective May 28, 2021, certain public health restrictions that have been in place for well over a year will end.  Executive Order Number 79 (“EO79”) terminates the Seventh Amended Executive Order Number 72 and Order of Public Health Emergency Nine (“EO72”) on May 28, 2021.  EO79 can be found here and EO72 can be found here. For Virginia community associations this means that amenities, such ...
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Since March 2020, society has learned how to navigate through and adjust to many upheavals and changes caused by the COVID-19 pandemic. This is certainly true for community associations conducting business and carrying out routine operations. Looking back on what was an extraordinary year due to the pandemic provides clarity for Virginia community associations about where to focus in 2021 and the future.  Governmental Orders ...
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A Charlottesville Circuit Court held that a rule promulgated by a Virginia property owners’ association requiring residents to sign an assumption of the risk form prior to using certain common areas was reasonable.  See Norman v. Foxchase Owners’ Assoc., Inc., Case No. CL20-1481 (Albemarle Cnty., Oct. 30, 2020).  From what can be gleaned from a relatively short, but instructive, letter opinion, the case involved the ...
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A Charlottesville Circuit Court held that a rule promulgated by a Virginia property owners’ association requiring residents to sign an assumption of the risk form prior to using certain common areas was reasonable.  See Norman v. Foxchase Owners’ Assoc., Inc., Case No. CL20-1481 (Albemarle Cnty., Oct. 30, 2020).  From what can be gleaned from a relatively short, but instructive, letter opinion, the case involved the ...
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There is nothing like a global pandemic, complete with Gubernatorial Executive Orders to stay home, social distance and limit gatherings and CDC health recommendations to provide laser focus on how community associations can utilize technology. While the spotlight is on the present crisis, community associations may find that it fast forwards new and improved ways of conducting business utilizing technology ...
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In response to increases in positive COVID-19 case counts in the Hampton Roads area, Governor Northam issued Executive Order 68 that places additional restrictions on certain cities and counties.  The jurisdictions subject to this order are:  Cities of Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Hampton, Williamsburg, Newport News, Poquoson, James City County, and York County (collectively, the “Eastern Region”). Of importance to community associations located ...
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The 2020 legislative session was notable for a few reasons.  First, the Democrats held the majority of seats in both houses of the General Assembly for the first time in recent history.  Second, the legislature also took action to address the impacts of COVID-19, which has affected virtually every aspect of our society, including community associations.  CAI’s Virginia Legislative Action Committee monitored numerous bills on ...
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Frequently Asked Questions The information in this article is for general information about the topics discussed and is not legal or tax advice. Nor does any exchange of information associated with this article in any way establish an attorney-client relationship. Which Executive Orders Impact Community Associations and What Do The Executive Orders Say? Executive Orders 53 (as amended) and 55 collectively, and among other things, ...
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On April 22, 2020, the Virginia General Assembly approved two budget amendments recommended by Governor Northam that allow boards of directors of property owners’ associations and condominium unit owners’ associations to meet virtually when the Governor has declared a state of emergency. They will be effective once the Governor signs the legislation.  Prior existing law allowed property owners’ associations and condominium unit owners’ associations to ...
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Our office has received numerous inquiries regarding whether and how boards of directors of Virginia community associations can meet the statutory requirements for open meetings and the “2-director rule” during the coronavirus pandemic with the Governor’s Executive Orders requiring social distancing and barring group gatherings of 10 or more people. Open Board Meeting Requirement The basic principle regarding board meetings for Virginia property owners’ associations ...
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Spring is here, which means pool season is upon us.  Traditionally, this is when community associations throughout Virginia prepare for pool season.  Now, with Virginians ordered to stay home, social distance, sanitize and limit in-person gatherings through June 10, 2020, community associations may need to review their pool contracts.  Pool contracts generally involve two main parts: (1) maintenance (including pool openings and closings) and (2) ...
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Since our last posting, the impact of coronavirus on community associations has become real.  Health and safety are paramount.  While Association-related matters may seem trivial compared to a worldwide health crisis and corresponding job losses, basic business and operations must continue, albeit with new considerations.  This supplements the prior article.   Membership Meetings: Use of Proxies If a community association goes forward with an annual ...
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It is official; there is a global pandemic. This affects everyone.  With the onslaught of cancellations, closings, quarantining, and social distancing, COVID-19 is changing how we work, live, and interact at least for the foreseeable future.  This article is intended to provide guidance to community associations about how to operate in this environment. Information. There is no shortage of information available from news agencies, CDCs, ...
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