Community Association News

On March 30, 2020, Virginia, Maryland, and the District of Columbia took further restrictive measures to prevent the spread of the COVID-19 pandemic.  All three states issued “stay-at-home” orders that, to varying degrees, contain enforceable restrictions requiring residents to stay at home.

On March 24, 2020, the DC Government published Mayor Bowser’s Order 2020-53, which directs certain types of businesses to close and directs other types of businesses to telework except for certain essential functions, which must occur on site.  The Condominium and its staff are not included within the closure or telework order.  The Condominium is defined as an Essential Business under Section IV(k) of the Order since It falls within the definition of a “Housing and Living Provider”.  This permits the staff t

On March 23, 2020, Governor Northam issued Executive Order Fifty-Three (EO-53), effective at midnight March 24, 2020, in response to the developing COVID-19 pandemic.

On March 23, 2020, Governor Hogan issued Executive Order 20-03-23-01 in response to the COVID-19 pandemic and there are several provisions of the Order that impact community associations. The purpose of the alert is to provide guidance to our Maryland community association clients regarding the impact of these provisions. Fortunately, we do not believe that the Order will substantially impede the ability of Maryland community associations to operate.

Moderator
Andrew S. Fortin, Esq. Senior Vice President of External Affairs, Associa

Panelists
Ursula Burgess, Shareholder, Rees Broome, Virginia, USA
Melissa Garcia, Shareholder, Altitude Law, Colorado, USA
Shawn Pulver, Partner, McDonald Sager Manis, Ontario, Canada

On March 16, 2020, Governor Hogan ordered the closure of all restaurants, bars, theatres and gyms, effective immediately.  He emphasized that such action was taken to slow the spread of COVID-19 (Coronavirus) and to save lives.  Although the order from the governor did not specifically reference gyms within condominiums and homeowners associations, we are taking the position at Rees Broome that the order extends to all gyms, including gyms within community associations, as the goal of the order is to reduce transmission of the virus.  In addition, as President Trump recently advised against

We have prepared this notice to sensitize you to a recent decision by the Virginia Supreme Court that reduces the level of enforceability of certain provisions that are found in association design standards and rules and regulations adopted by Boards of Directors.  Specifically, in a case called Sainani v. Belmont Glen Homeowners Association, the Virginia Supreme Court ruled against an association that was attempting to enforce the association’s seasonal holiday decoration standards. 

The Virginia Legislature approved the renumbering of several sections of the Virginia Code, including the Property Owners’ Association Act, the Condominium Act, and the Common Interest Community Management Act.
Starting October 1, 2019, the numbers of the code sections will officially change. You will notice updated references in liens and lawsuits being sent to you for signature.

Due to the relatively high prices of condominiums in the Washington DC, Virginia, and Maryland areas, FHA financing has always played a big part in the condominium market. Interesting fact, the mortgage limits for FHA jumbo loans in the DC metro area and other jurisdictions in VA and MD can be as high as $726,525 for fiscal year 2019. However, the FHA condominium approval process and the regulations that guide it are constantly changing.