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ERIK W. FOX

ERIK W. FOX

Shareholder

Tysons Corner

EFox@reesbroome.com

(p) (703) 790-6293

(f) (703) 779-2804

Practice Areas

  • Community Associations
  • Bankruptcy & Creditors' Rights
  • Zoning & Land Use

Admissions

  • District of Columbia
  • Maryland
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • U.S. Bankruptcy Courts for the Northern and Southern Districts of West Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia

Education

  • Virginia Tech
  • J.D., Regent University College of Law
  • Experience
  • News & Publications
  • Affiliations
  • Awards

Experience

Overview

Since 2004, Erik has been representing condominium and homeowners’ associations, commercial associations, developers, bankruptcy creditors, and businesses undergoing Chapter 11 reorganization. He assists associations to develop a strong community through Board education, document review and revision, debt collection, proper governance, and rule and covenant enforcement.

As a bankruptcy attorney, Erik has worked with community associations and other creditors to:

•  Ensure they receive the maximum amounts recoverable once an owner/debtor declares bankruptcy
•  Receive payment for assessments accruing while the debtor is in bankruptcy
• Obtain relief from the stay to collect post-petition debts or foreclose

In representing commercial and residential condominium and homeowners’ associations, Erik has handled:

•  Turnover from declarant control;
•  Amendment of governing documents;
•  Covenant enforcement cases;
•  Establishing and enforcing rules for use of common recreational facilities and contracting for use of recreational facilities by other organizations;
•  Easement issues, particularly landscape and open space easements; 
•  Tree removal/protection issues;
•  Claims of discrimination under the ADA and the Fair Housing Act;
•  Opposing zoning matters on adjacent properties;
•  Highly volatile Board and annual meetings;

Erik brings a different perspective than many. Prior to attending Law School, Erik served as the City Arborist for Chesapeake, VA; Landscape Program Coordinator for City of Norfolk – Waterfront Developments; and the Zoning Administrator/Assistant Director Neighborhood Development Services for the City of Suffolk, VA.

He looks forward to the opportunity to work with you to lead your community.

 

News & Publications

News & Publications

Policy Update Alert – HUD’s New Guidelines for Gender Identity and Sexual Orientation Complaints

“Tree Law” (December 2020 RB Community Association Newsletter)

“When Your Contractor Shuts Its Doors” (April 2015 RB Community Association Newsletter)  

“We are insured for that; Aren't we?” (March 2014 RB Community Association Newsletter)  

“Collections and Bankruptcy Update” (September 2013 RB Community Association Newsletter)  

“Regulation of Political Signs” (August 2012 RB Community Association Newsletter)  

"Branching Out to Community Associations" (Spring 2012, Canopy Coverage Newsletter of the Mid-Atlantic Chapter of the International Society of Arboriculture)

“When an Owner is in Bankruptcy” (July 2010 RB Community Association Newsletter)  

“West Virginia Community Associations – The New Frontier” (February 2010 RB Community Association Newsletter)

“Navigating Architectural Review Guidelines” (October 2009 RB Community Association Newsletter) 

“Don’t Let the Bed Bugs Bite” (February 2011 RB Community Association Newsletter) 

"Should You Incorporate or Form a Limited Liability Company" (Fall 2011, Canopy Coverage Newsletter of the Mid-Atlantic Chapter of the International Society of Arboriculture)

Speaking

Erik regularly provides training on Board Education, Virginia Law, Fair Housing, Covenant Enforcement. Other programs include:

2019 Plant NOVA Natives – Incorporating Native Plants into Community Associations

2019 National Business Institute – How Bankruptcy Affects Collections

2017 VA Tech/VDOT – Tree Maintenance Liability Issues

2017 Community Association Institute Conference and Expo – Top Tips From the Pros

2016 Community Association Institute Conference and Expo – Contractor Relationships

2015 National Business Institute – Collection Law From Start to Finish

2015 Community Association Institute Board Liability

2011 Community Association Institute, Conference and Expo –How Personal Bankruptcies affect Associations Collections and Covenant Enforcement

2010 Prince William Neighborhood Conference – The Ins and Outs of Violations Notices

Affiliations

Affiliations

Member, Community Associations Institute, Washington Metropolitan Chapter

Awards

Awards

Rising Star Award, Community Association Institute, Washington Metro Chapter (2013)

Rated “Preeminent” by Martindale, 2017

© Rees Broome 2019. All rights reserved.

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