Virginia Condominium Law
 
Unit Owners Association of Buildamerica-1 v. Harry F. Gillman

The Unit Owners Association of BuildAmerica-1, a condominium, filed its bill to enforce liens recorded against condominium units owned by Harry F. Gillman and Saundra K. Gillman based upon fines it had levied for alleged violations by them of its rules and regulations. It also sought to enjoin the Gillmans from bringing their garbage trucks onto the common elements of the condominium. The Gillman... More...    $0 (06-18-1982 - VA)

LInzie Zinone v. Lee's Crossing Homeowners Association

In this appeal, we consider whether certain provisions of the Virginia Property Owners' Association Act ("POAA"), Code §§ 55-508 through -516.2, restrict the declarant of a recorded declaration creating a property owners' association from unilaterally amending that declaration under its express term providing for such authority. The issue, which presents a purely legal question of statutory cons... More...    $0 (09-16-2011 - VA)

Alvin Kaltman v. All American Pest Control, Inc.

In this appeal, a husband and wife filed complaints against a pest control company and its employee after the employee allegedly treated the couple’s home with a pesticide that was not approved for residential use. We consider whether the circuit court erred in sustaining demurrers to the homeowners’ claims of negligence, willful and wanton conduct, and negligence per se. The principal issue w... More...    $0 (03-04-2011 - VA)

Dunn, McCormack & MacPherson v. Gerald Connolly

In this appeal, we consider whether the circuit court erred when it sustained Gerald Connolly's ("Connolly") demurrer and held that Dunn, McCormack & MacPherson ("Dunn") failed to state a prima facie cause of action for tortious interference with a contract.

I. Facts and Proceedings Below

Dunn, a Virginia law firm, served as legal counsel to the Fairfax County Redevelopment and Housi... More...
   $0 (05-21-2011 - VA)

Condominium Services, Inc. v. First Owners' Association of Forty Six Hundred Condominium, Inc.

In this appeal, we consider whether the circuit court erred in its interpretation of a management agreement (the Management Agreement) between First Owners’ Association of Forty Six Hundred Condominium, Inc. (FOA) and Condominium Services, Inc. (CSI). We also consider whether the circuit court erred in granting summary judgment on FOA’s conversion claim, in permitting certain expert testimony ... More...    $0 (05-21-2011 - VA)

Royal Indemnity Company v. Tyco Fire Products, L.P.

In this product liability case, we address issues concerning the statute of repose and breach of warranty. We conclude that exterior sidewall sprinkler heads are “equipment” under Code § 8.01-250 and reverse the judgment of the circuit court that the sprinkler heads are ordinary building materials. We also hold that a manufacturer’s description of how a sprinkler head functions does not con... More...    $0 (01-13-2011 - VA)

Abi-Najm v. Concord Condominium, LLC

In this appeal from the dismissal of an action alleging breach of contract, fraud in the inducement, and violation of the Virginia Consumer Protection Act, Code §§ 59.1-196 et seq. (“VCPA” or “the Act”), we consider whether the trial court erred when it sustained the demurrers of Concord Condominium, LLC (“Concord”) to the complaints of Phillip Abi-Najm (“Abi-Najm”) and other pur... More...    $0 (09-16-2010 - VA)

Melvin Joseph Long v. Merrifield Town Center Limited Partnership

Melvin and Mary Long, along with several other individuals, who signed contracts to purchase eight condominiums in the 279-unit condominium complex known as Vantage at Merrifield Town Center in Falls Church, Virginia, commenced these actions against the developer, alleging violations of the Interstate Land Sales Full Disclosure Act ("ILSFDA") (pronounced, perhaps, "ills-fi-da"), 15 U.S.C. § 1701 ... More...    $0 (07-13-2010 - VA)

Station #2, LLC v. Michael Lynch, et al.

In this appeal, we consider whether an oral agreement to allow Station #2, LLC (“Station #2”) to install soundproofing material in a void space between the ceiling of premises leased by it and the floor of premises owned by another was made unenforceable by the statute of frauds. We also consider claims of fraudulent inducement to contract and statutory conspiracy.

I. BACKGROUND AND ... More...
   $0 (06-10-2010 - VA)

William M. Sales v. Kecoughtan Housing Company, Ltd., et al.

In this appeal we consider whether the circuit court erred in sustaining a demurrer filed by a landlord and its agent, when a tenant claimed to have suffered personal injuries and property damage as a result of misrepresentations and negligent repairs.

William M. Sales (Sales) filed a complaint against Kecoughtan Housing Company (Kecoughtan) and Abbitt Management, Inc. (Abbitt) alleging one... More...
   $0 (02-25-2010 - VA)

Salvatore J. and Anita L. Culosi v. Deval Bullock

The underlying claims at issue in these appeals, asserted pursuant to 42 U.S.C. § 1983 and state law, arise out of the fatal shooting of an arrestee by a Fairfax County, Virginia, police officer. Defendant Deval Bullock, the officer who fired the fatal shot, noted an interlocutory appeal in No. 09-1042 from the district court’s denial of summary judgment on the ground of qualified immunity. More...    $0 (02-22-2010 - VA)

Northhampton County Board of Zoning Appeals, et al. v. Eastern Shore Development Corporation

The pertinent facts are undisputed. In 2003, Eastern Shore Development Corporation (ESDC), as contract purchaser of a 48.25-acre parcel of land in Northampton County, submitted an application for the rezoning of a part of the land from the “A1” (Agricultural 1) zoning district to the “CD-R1” (Community Development – Single-Family Residential) zoning district. The Board of Supervisors of ... More...    $0 (01-16-2009 - VA)

Richard C. Litman, etc., et al. v. Toll Bros., Inc.

Richard Litman, as trustee for Litman Law Offices, Ltd. ("Litman"), appeals the district court's grant of summary judgment to Toll Brothers, Inc. ("Toll"), in this dispute between Litman and Toll stemming from an agreement for the sale of redevelopment property in Arlington County, Virginia. For the reasons articulated below, we affirm.

I.

The essential facts are undisputed, and t... More...    $0 (02-06-2008 - VA)

Board of Directors of the Colchester Towne Condominium Council of Owners v. Wachovia Bank, N.A., et al.

In March 2002, the Board of Directors of the Colchester Towne Condominium Council of Co-Owners (the Association) recorded a lien, pursuant to Code  55-79.84, against a condominium unit owned by Juanita C. James for unpaid condominium assessments. The Association initiated the process for a public sale of the unit, as permitted by Code  55-79.84(I), and notified Wachovia Bank, N.A... More...    $0 (06-09-2003 - VA)

Edwin Rector v. Approved Federal Savings Bank

In this case of first impression, we must decide whether the 21-day "safe harbor" provision of Fed. R. Civ. P. 11 is a non-waivable rule of jurisdiction. We hold that it is not a jurisdictional rule and affirm the district court's assessment of sanctions.

I.

On April 9, 1999, Virginia attorney Edwin Rector ( "Rector"), per- sonally and as trustee for the Edwin Rector 1995 Charitabl... More...    $0 (09-11-2001 - VA)

Commonwealth v. Alexandria Knolls West Homeowners' Association

Civil rights - Fair Housing Act - failure to accommodate handicapped condominium purchaser's special needs. The board of defendant refused to provide a buyer in a wheelchair with a reserved parking space close to the unit he was buying.... More...    $65000 (06-12-1998 - VA)

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