Court ruling update on monetary penalties

chadwick                bruce 3

         Ken Chadwick                              Bruce Easmunt

Local attorneys Ken Chadwick and Bruce Easmunt of the firm Chadwick, Washington, Moriarty, Elmore and Bunn  graciously gave us about an hour of their time on Feb 12 to explain recent court rulings, both at the circuit court and VA Supreme Court levels, that impact the ability of our client associations to use monetary penalties to encourage and compel owners in associations to comply with rules and regulations.

For many years most associations have relied upon provisions of state statutes for this authority but the court rulings now indicate that the association governing documents are the controlling authority. Associations that do not have documents with language permitting such monetary penalties may find themselves having to amend their documents by action of the members.

Post contributed by:  Paul L. Orlando, CMCA®, LSM®, PCAM®, SFMC Vice President

About SFMC News

Premier commercial and residential community association management company in the Washington DC Metro Area for over 16 years.

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