Posts Tagged ‘Residential’

Virginia is for lovers of HOAs

November 6, 2014

5456d6dcd74b5.imageSo two things jumped out at me from this article by Ted Strong in Richmond.  First,  it’s a great article on HOAs.  It isn’t often that someone captures the quasi-governmental role that associations end up playing in modern communities:

associations are nearly ubiquitous for new residential housing in the Richmond area, embraced by developers as a way to handle long-term care of common amenities and by local officials as “mini-governments” that can help maintain order and property value.

Second, the underlying dispute was regarding an in-home day care center.  It looks like the HOA took a position in the county conditional use permit hearings, but did not take any legal action based on its covenants alone.  I don’t know if this is the case in Virginia, but here in Idaho the association could have done both.  So it is possible the HOA decided to back down.

I have had a number of boards ask me about this type of situation.  It can be difficult to definitively define the line between residential and commercial use.  Day cares are one tough call.  Frequent “AirBNB” landlords can be too.  A case of low income housing was just in the news too.  The Board would need to carefully review the specific language in their restrictions and probably look at other uses in the community as well before deciding.

Anyway, this Virginia case isn’t going anywhere, but HOA news lovers should be watching that Volt case in Waterford CA.  I’ll comment when it all plays out a bit more.