Common Interest Community Law in Virginia

A pre-recorded VIDEO replay from the May 2025 live seminar, Common Interest Community Law in Virginia.

Cosponsored with the Common Interest Community Substantive Committee of the Virginia State Bar Real Property Section

This seminar provides a detailed and comprehensive overview of the creation and operation of Common Interest Communities, more commonly known as Community Associations.

Community Association law is not derived from any one source. Rather, such law requires a knowledge of Virginia Code, some, but not all, of which is unique to Community Associations; of Virginia common law on contracts; of federal law that may supersede the preceding sources; of Virginia Administrative Code that may supplement Community Association law; and other authorities such as a municipality’s ordinances or ombudsman’s determinations that are overseen by Virginia’s Common Interest Community Board.

The substance of Community Association law similarly can be both unique and wide reaching to include contract interpretation, corporate governance, debt collection, and equitable causes of action such as injunctive relief. Rarely will Community Association law be applied in the same way to any two or more legal issues.

Seminar Highlights

• Virginia’s Property Owners’ Association and Condominium Acts
• Creation and transition of Community Associations from declarant-control to owner-control
• Authority unique to each association such as their covenants
• Federal regulations and federal case law that impact Community Associations
• Virginia case law that impacts Community Associations
• Directors’ fiduciary duty owed to the association
• Financing and budgeting for Community Associations
• Architectural design by Community Associations
• Owners’ rights in their Community Associations

Creating and Structuring Successful Common Interest Communities
Robert M. Diamond, David S. Mercer, Lucia Anna Trigiani

Lawyers experienced in drafting and interpreting the foundational documents for common interest communities provide an overview of development techniques and considerations that should be given when counselling developer clients in the formation of common interest communities. Long-time collaborators and former colleagues, the speakers share their experience in the development of governing documents under the statutes that govern these communities.

Conducting Association Business: Budgeting, Assessments, and Maintenance Issues
Brendan Bunn, Jerry Wright

This session addresses the main tasks and duties to be carried out by any Community Association. This includes budgeting and assessments, maintenance of common property, and the association’s role as enforcer of covenants and community rules. The presenters cover the basic steps entailed in each of these categories with a focus on the main legal requirements as well as the “best practices” of the association industry.

It’s Not All Fun and Games
Moderator: Kristen Buck
Speakers: Gregory S. Bean, Deborah M. Casey, Erik Fox

Membership in Community Associations is mandatory for a lot of unit owners. This panel discussion focuses on a broad array of responsibilities of members in Community Associations and of their boards. First, Erik Fox discusses the various sources available to finance an Association’s responsibilities, i.e., maintain common areas or elements. Next, Gregory Bean covers those actions that are needed to bring recalcitrant owners into compliance. Then, Deborah Casey discusses the supremacy of federal law that ensures all owners regardless of race, gender, or disability can enjoy the privileges of their Associations under Fair Housing laws.

Point/Counterpoint: Perspectives from Associations and Their Residents
John C. Cowherd, Chad Rinard

Chad Rinard represents Community Associations only. John Cowherd represents only the Owners in Property Owners’ Associations or Condominiums. These two presenters make points and counterpoints on Community Association’s Architectural Control and Owners’ Rights in their Associations including participation in their Association’s meeting and inspection of their Association’s books and records.

Faculty

“CCAL” = College of Community Association Lawyers

Gregory S. Bean, Gordon Rees Scully Mansukhani, LLP / Williamsburg
Kristen Buck, Rees Broome, PC / Tysons
Brendan P. Bunn, CCAL, Chadwick, Washington, Moriarty, Elmore & Bunn, PC / Fairfax
Deborah M. Casey, CCAL, Woods Rogers Vandeventer Black, PLC / Norfolk
John C. Cowherd, Cowherd PLC / Vienna
Robert M. Diamond, CCAL, Reed Smith LLP / Tysons
Erik W. Fox, Rees Broome, PC / Tysons
David S. Mercer, CCAL, MercerTrigiani LLP / Alexandria
Chad Rinard, Whiteford, Taylor & Preston LLP / Falls Church
Lucia Anna Trigiani, CCAL, MercerTrigiani LLP / Alexandria
Jerry M. Wright, Jr., CCAL, Chadwick, Washington, Moriarty, Elmore & Bunn, PC / Richmond

Moderator

Chad Rinard, Whiteford, Taylor & Preston LLP / Falls Church