Condominium & Homeowners’ Association Disputes and Litigation
The Law Office of Frank J. Driscoll, Jr. has extensive experience in representing Condominium Associations, Homeowners’ Associations and unit owners in disputes that arise between unit owners and Associations. Associations are organized, established and governed by the Virginia Condominium Act and by governing documents referred to as the Condominium Instruments that bind all owners to each other and to the Condominium Association.
These condominium instruments, contractual in nature, set forth the rights and obligations of individual owners and the Association. The Property Owners’ Association Act applicable to Homeowners’ Associations follow the same legal concepts and many of the statutes found in both chapters mirror each other. One of the most common disputes which arises in Associations is who is responsible for making repairs to common elements, limited common elements and individual units when damages occur, most often as a result of water intrusion, whether from a busted water heater or significant rain events. Another common dispute which occurs in Associations is the proper use and control of the common elements and limited common elements. Other issues that often arise are the lack of transparency of the Board of Directors in their management and control of the Association, and even failing to properly abide by the Association’s governing documents and the law. Frank Driscoll has extensive experience in reviewing and interpreting the governing documents of Associations, and resolving disputes between Associations and homeowners, in and out of court, as a result of his thorough familiarity with the Virginia Condominium Act and the Property Owners’ Association Act.