Departments

Facts: A member sued his condominium association to compel the association to make repairs to the common area to prevent water intrusion and flooding into the lower level of the member's condominium. During a period of heavy rainfall, there was standing water in the member's condominium.

Facts: A member sued to have a court declare whether a parking rule approved by the association's board of directors was valid and enforceable. The board passed a rule prohibiting members from parking anything but a single motorized vehicle in a member's assigned parking space. The member testified that he was using his assigned parking space to park a motor vehicle and a motorcycle, and he claimed that the rule was passed solely to eliminate his parking arrangement.

Ruling: The trial court ruled for the association.

Facts: A condominium association's declaration that established the association contained no restriction regarding rental of the units. Many years later, the association amended the bylaws to prohibit rentals of condominium units. One of the owners leased her condominium unit over the association's objection, claiming that the rental prohibition was ineffective because it had not been added to the association declaration. The association then filed a lawsuit asking the court to declare that the bylaw amendment was enforceable.

Facts: A group of members filed a lawsuit to challenge the association board's authority to enter into a contract for construction work on its building without a vote pursuant to its governing documents. The governing documents require a vote if the construction project is “alterations” or “improvements” costing more than 25 percent of the estimated annual budget. Here, the association classified the work as “repairs” and “maintenance.”

Facts: An African-American couple filed a discrimination lawsuit against their association. The members asked the court for a judgment without a trial in their favor.

Virginia Governor Tim Kaine recently signed a revision of the Property Owners' Association Act (POAA) that allows community association members to get salary information for the top six employees earning over $75,000. The revision takes effect July 1. Currently, only aggregate salary information is available. The bill also specifies that all books and records of the association, including individual salary information for all employees and payments to independent contractors, be made available to members of the association's board of directors.

In these challenging economic times, some condo associations are stretched to think of new ways to offset dwindling assessments. One potentially lucrative option is to lease rooftop space for antenna installation. The proliferation of cell phones, broadband, paging, wireless Web, and related technologies has driven the demand for wireless companies to increase their coverage areas and data transmission capacities.

Q Due to a leaking roof, rainwater entered the building and caused damage to a condo member's unit. As is typical, the master deed of our condo association requires the association to maintain the roof and other common elements, and requires condo members to maintain the interior of the units.

Facts: In a four-unit condominium, a member sued the other three members of the association for allegedly violating the association's notice provisions for a meeting and breaching their fiduciary duties by voting for a proposed amendment.

Facts: A Virginia condo association sued the condominium's developer for construction defects related to the exterior of the condominium buildings. The developer used a corporation and two limited liability companies to hold title to and manage development of the condominium project. The association alleged that the developer had made improper monetary transfers from the companies to him and used the companies to fraudulently avoid obligations owed to the association.